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Assignment
Entitled

“ INTELLECTUAL PROPERTY RIGHTS ”

(Year : 2021-22)
DEPARTMENT OF ELECTRONICS ENGINEERING
Sardar Vallabhbhai National Institute of Technology
Surat-395007, Gujarat, INDIA
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IPRs- INVENTION AND CREATIVITY

An invention may be defined as the idea of making a new and useful article, method or
substance.

 Invention is the creation of something that has never been made before and is recognized
as the product of some unique insight.
 Creativity is the capability or act of conceiving something original or unusual.
 Innovation is the implementation of something new.

INTELLECTUAL PROPERTY
Intellectual Property (IP) refers to intellectual (original) creativity of a creator. IP are inventions,
literary and artistic works (books, music and paintings), technical or scientific creation, design,
symbols, names and images.

1. Intellectual property is an asset of a person.

2. It is legal concept which refers to creations of the mind for which exclusive rights
are recognized.
3. The owner has the rights to prevents the unauthorized use or sale of the property.
4. It is intangible. It cannot be defined or identified by its own physical parameters.
Thus an intellectual property must be expressed in some discernible way for
enabling it to be protected.

Intellectual Property Rights (IPRs)

Definitions

 Intellectual property rights (IPRs) refers to the rights to the inventors or creators to
protect their invention or creation for a certain period of time. Also, (IPRs) enable them
to reap commercial benefits from their creative efforts or reputation. Or
 IPR is a strong tool, to protect investments, time, money, effort invested by the
investor/creator of an IP, since it grants the investor/creator an exclusive right for a
certain period of time for use of his invention/creation. Or
 These legal rights confer an exclusive right to the investor/creator or his assignee to fully
utilize his invention/creation for a given period of time.

IMPORTANCE AND PROTECTION OF INTELLECTUAL PROPERTY RIGHTS

(IPRs)
Importance of IPR
The knowledge of intellectual property rights is must to a common man. The intellectual
property rights were essentially recognized and accepted all over the world. Under intellectual
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property law, owners are granted certain exclusive rights to a variety of intangible assets, such as
musical, literary and artistic works: discoveries and inventions: words, phrases, symbol and
designs. Intellectual property has economic value and is protected or protectable by law
intellectual property rights. Some of the reasons for accepting these rights are

 The objectives of intellectual property rights are to grant incentive to the creator of a
work.
 IPRs play very important role in the progress and development of the society by
promoting healthy competition and encouraging industrial and economic growth.
 Under these rights, Intellectual property can be bought, sold, licensed or exchanged.
 IPR enhances technology advancement in the following ways:
a) It provides a mechanism of handling infringement, piracy, and unauthorized use.
b) It provide a pool of information to the general public since all forms of IP are
published except in case of trade secrets.

Protection of IPR
These IPR laws provide a protection to the owners under different categories and names like
Patents, Industrial designs, Copyrights, Trade-Marks etc.

TYPES OF INTELLECTUAL PROPERTY RIGHTS

The common types of intellectual property rights are: patents, copyright, trademarks, industrial
design, trademarks, trade secrets, geographical indicators and layout design for Integrated
circuits and even ideas.
Intellectual property rights may be divided into two main categories: industrial property
rights and literacy/artistic property rights.
1. Industrial property rights
 Industrial property rights concern creations which play an economic role in production
and distribution processes.
 Certain innovations such as inventions, medicines, new plant varieties or a new design,
which may be protected by patents, plant variety rights and design rights respectively.
 Industrial property rights may also apply to distinctive signs such as trademarks rights,
trade names and legal names also benefit from certain kinds of protection.

2. Literacy/Artistic property rights

 Literary and artistic property includes copyrights and related rights, including music,
literary works, paintings, sculptures, photographs, artistic interpretations, radio
broadcasts, etc.
INDUSTRIAL DESIGNS
IP protection can be sought for a variety of intellectual efforts including
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A PATENT
“A patent is awarded for an invention which satisfies the criteria of global novelty, non-
obviousness and industrial or commercial application”.
“A patent is an exclusive right granted for an invention, which is a product or a process that
provides a new way of doing something, or offers a new technical solution to a problem”.

 Patent protection means that the invention cannot be commercially made, used,
distributed or sold without the patent owner’s content.

 A patent owner has the right to decide who may or may not the patented invention for
the period in which the invention is protected.

 The patent owner may give permission to, or license, other parties to use the invention
on mutually agreed terms.

 He may also sell the right to the invention to someone else, who will then become the
new owner of the patent.

 A Patent is granted for a period of 20 years from the date of filling the application of
patent.

 Once a patent expires, the protection ends, and an invention enters the public domain,
that is, the owner no longer holds exclusive rights to the invention.

 The patent act-1970-Amended in 1999,2002 and 2005.

 Patents Rules-2003-Amended in 2005, 2006.

COPYRIGHT

Copyright is a legal term describing the rights given to creators for their literary and artistic
works. A copyright holder has certain exclusive rights. These exclusive rights include:

 Copyright may apply to wide range of creative, intellectual, or artistic forms, or works.
 The works covered by copyrights include literary works such as novels, poems, plays,
reference works, newspapers and computer programs: database, films, musical
compositions, and choreography: artistic works such as paintings, drawings,
photographs and sculpture; architecture; and advertisements, maps and technical
drawings.
 The reproduction in various forms such as copying, printing, recording, public
performance or adaptation are prohibited under these rights.
 Copyrights does not cover ideas and information themselves, only the form or manner
in which they are expressed.
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 This right provides economic right to the creator that is the financial benefit for a
period lasting of fifty years after the creator’s death.
 It is important to realize that copyrights do not protect ideas, only how ther’re
expressed.

AN INDUSTRIAL DESIGN

An industrial design consists of the creation of a shape, configuration or composition of pattern

or color, or combination of patterns and colors in three dimensional forms, containing aesthetic
value.

 It can be a two or three dimensional pattern, used to produce a product.

 Even the traditional craft items like hand-woven articles like carpets, cotton bed covers
can also be registered for protection as an Industrial design (Kannan, 2010).
 The protection is provides for five years and it can be renewed for fifteen years.

TRADEMARK[BRAND]

Trademarks relate to any mark, name, sign, design or logo. A trademark protects symbolic
information that relates to goods or services. A trademark prevents competitors from using the
same symbol. The trademark must be used in commerce.

 Trademarks can be bought, sold, and licensed.

 Trademarks protect the names and identifying marks of products and companies.
 It can be patented like inventions and industrials designs.

What kinds of trademarks can be registered?

 Trademarks may be one or a combination of words, letters and numerals.

 They may consist of drawings, symbols or three dimensional signs, such as the shape
and packaging of goods.

 In some countries, non-traditional marks may be registered for distinguishing features

such as holograms, motion, color and non-visible signs (sound, smell or taste).

TRADE SECRET

A trade secret is a formula, practice, process, design, instruments, pattern or compilation of

information which is not generally known or reasonably ascertainable by which a business can
obtain an economic advantages over competitors or customers.

It may be confidential business information that provides an enterprise a competitive

edge.
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Trade secrets include sales methods, distribution method, consumer profiles,

advertising strategies, list of suppliers and clients and manufacturing processes.

A trade secret can be protected for an unlimited period of time but a substantial
element of secrecy must exist, so that, except by the use of improper means, there
would be difficulty in acquiring the information.

Advantages of trade secrets

 No need to register
 Not limited in time
 No disclosure
 Can protect unpatentable information

Disadvantages of trade secrets

 Costs of keeping it secret can be high
 Others may discover/invent it independently
 Others may patent it (if patentable)
 If the secret is embodied in a product it may be reverse engineered
 More difficult to enforce.

GEOGRAPHICAL INDICATIORS (GI)

A geographical indicators (GI) is a name or sign used on certain products. A sign used on goods
that have a specific geographical location or origin (e.g. a town, region, or country).
The use of a GI may act as a certification that the product possesses certain qualities, is made
according to traditional methods, or enjoys a certain reputation, due to its geographical origin.
Geographical indicators are the signs used on goods that have a specific geographical origin.

 A GI indicates that a product comes from a certain place and has special qualities
due to that place of origin which could be a village or town, a region or a country.
 It is an exclusive right given to a particular community and thus the benefits of its
registration are share by the all members of the community.
 It may be used by all producers or traders whose products originated from that place
and which share typical characteristics.
 Most commonly, a geographical indication consists of the name of the place of
origin of the goods-EX: Champagne.
 In some counties: can also be figurative element- Ex: Eiffel tower.

Difference between a Trademark and a Geographical Indication

Trademark
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 A trademark is a sign used by a company to distinguish its goods and services from
those produced by others.
 It gives its owner the rights to prevents others from using the trademark.
 A GI informs consumers that a product comes from a certain place and has special
qualities due to that place of origin.

Geographical Indication

A GI may be used by all producers or traders whose products originate from that place and
which share typical characteristics.

 A GI must be protected in its country of origin.

INTEGRATED CIECUITS

 Semiconductor Integrated Circuit is a product, having transistors and other circuitry

elements, which are inseparably formed on a semiconductor material or an insulating
material.
 The initial term of registration is for 10 years; thereafter it may be renewed from time
to time.

INTEGRATED CIRCUIT LAYOUT

WHAT IS A LAYOUT-DESIGN OF AN INTEGRATED CIRCUIT

Integrated circuit layout, also known IC layout< IC mask layout, or mask design. A layout design
of an integrated circuit is the three-dimensional character of the elements and interconnections of
an integrated circuit.

 An integrated circuit (IC) ias an electronic circuit in which the elements of the circuit
are integrated into a medium, and which functions as a unit.
 Currently the medium used to create this unit is a solid semiconductor such as silicon.
 The terms “integrated circuit’. Semiconductor” and “silicon chip” are used
synonymously as commercial ICs are usually fabricated from silicon semiconductors.

Terms of protection
The law that protects layout-designs of integrated circuits is the Layout-designs of
Integrated Circuits Act 2000.

ADMINISTRATION OF IPRs
Patents, Design and trademarks and geographical indications are administered by the Controller
General.
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1. It is under the control of the Department of Industrial Policy and Promotion, Ministry of
Commerce and industry.
2. Copyright is under the charge ogf the Ministry of Human Resource Development.
3. The Act on Layout-Design of Integrated Circuits is administered by the Ministry of
Telecommunication and Information Technology.
4. Protection of Plant Varieties and Farmer’s rights Authority, ministry of Agriculture
administers the Act on Plant Variety.

WORLD INTELLECTUAL PROPERTY ORGANIZATION (WIPO)

Establishment of WIPO-application and procedures
World Intellectual Property Organization (WIPO) is an Intellectual Organization, responsible for
the promotion of the protection of intellectual property throughout the world. (WIPO) was
established in 1970 as an agency of the United Nations. Since then the term really began to be
used in the United States. The inventors and authors are therefore recognized and rewarded for
their ingenuity.
India is a member state of world Intellectual Property Organization (WIPO)

OBJECTIVES AND MAIN ACTIVITIES OF WIPO

 WIPO is the United Nations specialized agency that coordinates international treaties
regarding intellectual property rights.
 Its 184 member states comprise over 90% of the countries of the world includes
experts in diverse areas of IP law and practice, as well as specialists in public policy,
economic, administration, and IT.
 Member states participate in WIPO to negotiate treaties and set policy on intellectual
property matters such as patents, copyrights and trademarks.
 WIPO was established in 1967 by the WIPO Convention, which states that WIPO’s
objectives was to promote the protection of intellectual property throughout the world
(WIPO, 1967, Article 3).
 By providing a stable environment for marketing products protected by intellectual
property, it also oils the wheels of international trade.
 Headquartered in Geneva, Switzerland, WIPO currently administers 24 treaties and
facilitates the negotiation of several proposed treaties covering copyrighjts, patents
and trademarks.

ACTIVITIES BY UNIT
WIPO’s organizational structure is based on seven sectors, each headed by a Deputy Director
General (DDG) or Assistant Director General (ADG), under the overall leadership of the
Director General.
Each Sector comprises several units, usually called Divisions or Departments and led by
Directors. These are responsible for delivering the programs and activities approved by member
states in the Program and Budget.
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MEMBER STATE
WIPO’s member states determine the direction, budget and activities of the Organization through
the decision-making bodies. We currently have 188 member states. To become a member, a state
must deposit an investment of ratification or accession with the Director General.
The WIPO provides that membership is open to any state that is:
 A member of the Paris Union for the Protection of Industrial Property, or member of the
Berne Union for the Protection of Literary and Artistic Works; or
 A member of the United Nations, or of any of the United Nation’s Specialized Agencies,
or of the International; or
 Invited by the WIPO General Assembly to become a member state of the Organization.

INTERNSHIP AND FELOWSHIP PROGRAM

WIPO runs a summer Internship program. The objective is to provide an opportunity for senior
students and young professionals to acquire a working knowledge of intellectual property and to
be exposed to the work of the Organization. Including its treaty-making. International
registration, research and publication activities.

The WIPO Internship Program is open to

1. Students of intellectual property or other branches of law.

2. Young professionals with an intellectual property background.
3. Graduates in other related fields of interest to WIPO.
Ex: Science and technology, finance, human resources, economics, etc.

Interns under this scheme are recruited for an initial period of three months, which may
be extended to a maximum of six months, Requirements are:

 Age 21 years to 32 years

 Graduate or post graduate students at the time of application
 Fluent English or French and working knowledge of the other language
 Proficient computer skills
 A demonstrable track record of achievement, supported by copies of diploma or
certificates from university and other specialized institutions.
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CASE STUDY ON INTELLECTUAL PROPERTY RIGHTS

The following are five examples of intellectual property rights cases that are illustrative of
how intellectual property law may work:

1. S. Victor Whitmill v. Warner Bros. Entertainment Inc. In this case, S. Victor

Whitmill, a tattoo artist, filed suit against Warner Bros. for copyright infringement due to
their use of a tattoo he created for Mike Tyson, which was subsequently depicted on a
fictional character in the Warner Bros. film The Hangover, Part II. Warner Bros., on the
other hand, argued that their use of the tattoo was in the spirit of parody and thus was
covered by Fair Use. Ultimately, Whitmill’s desire for an injunction against the release of
the film was denied, and an agreement between the two parties was made out of court for
undisclosed terms.
2. National Biscuit Co. v. Kellogg Co. In this case, National Biscuit Co. filed suit against
Kellogg Co. over their sale of shredded wheat cereal. According to National Biscuit Co.,
Kellogg’s manufacture and sale of this product constituted unfair competition and
trademark violation, since the previous iteration of their company had been owned by the
inventor of shredded wheat and the machinery used to make it, although the patents on
both inventions had been allowed to expire. Kellogg Co. countered with the argument
that National Biscuit’s suit amounted to an attempt to monopolize the market on shredded
wheat. Ultimately, the US Supreme Court ruled that “shredded wheat” was not a
trademarkable term and its design was a functional one, and thus free for copying since
the trademark had expired.
3. MGA Entertainment Inc. v. Mattel Inc. In this case, toymaker MGA Entertainment
filed suit against Mattel, arguing that their line of “My Scene” Barbie dolls infringed
upon the design of MGA’s line of "Bratz" dolls, which had a similar appearance. Mattel
then countersued, claiming Carter Bryant, a designer for MGA, had designed the dolls
while working for Mattel and subject to a contract that stated that all designs made while
under contract would be Mattel’s property. A jury eventually ruled in Mattel’s favor,
hitting MGA with a $100 million reparation to Mattel as well as an injunction (which
lasted a year) to cease selling the dolls in question. However, in a later case over the same
issue, the ruling went in favor of MGA, and Mattel was considered to be the one that
stole trade secrets.
4. A&M Records, Inc. v. Napster Inc. In this case, A&M Records sued the file-sharing
business Napster over its website, wherein users could download music files free of
charge. A&M Records claimed that this was vicarious and contributory copyright
infringement, and before the US 9th Circuit Court of Appeals, Napster was ruled to be
guilty of both counts. As a result, it was forced to shut down, as was Grokster, a file-
sharing site that operated under a similar model, a few years later.
5. Lucasfilm Ltd. v. High Frontier and Lucasfilm v. Committee for a Strong, Peaceful
America. In these cases, Lucasfilm Ltd. filed suits against the public interest groups High
Frontier and the Committee for a Strong, Peaceful America over their use of the term
“star wars” to describe President Reagan’s Strategic Defensive Initiative, which involved
space-bound missile defense. The term was born out of the popularity of the Star
Wars movie franchise, and Lucasfilm did not want their product associated with a
controversial, politically divisive defense policy. The court ruled that the term “star wars”
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could be used as long as it was not used to sell a product or service, further observing that
creators of fiction had long seen their invented terms used to describe reality.