ENVIRONMENTAL STUDIES & LIFE SCIENCES

Dr. Sasmita Sabat

Department of Biotechnology

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ENVIRONMENTAL STUDIES & LIFE SCIENCES

Intellectual Property Rights

Dr. Sasmita Sabat

Department of Biotechnology
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ENVIRONMENTAL STUDIES & LIFE SCIENCES
Intellectual Property Rights
• The word property is defined in the concise oxford dictionary as
something owned, a possession, especially a house, land, etc.
and the right to possession, use etc.
• In Jurisprudence the term property is a very complex term
having different aspects which commonly includes all legal
rights, proprietary rights, and corporeal property.
• Intellectual property means such rights recognized by law which
result from Intellectual creativity or Intellectual activity in the
fields of literature, art, science and industry.

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ENVIRONMENTAL STUDIES & LIFE SCIENCES
Intellectual Property Rights

Intellectual process
• Anything someone thinks through the application of
his/her mind is collectively known as intellectual
process which is the cause of creativity and
inventions in this world.

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ENVIRONMENTAL STUDIES & LIFE SCIENCES
Intellectual Property Rights

• Intellectual property rights are such rights which are

given to persons who are the authors or creators of
the new and original literary and artistic works
such as books, articles , other writings ,paintings ,
musical compositions, sculpture , films and
computer programs by application of their
creativity process and intellect.

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ENVIRONMENTAL STUDIES & LIFE SCIENCES
Intellectual Property Rights

•WIPO ( World Intellectual Property Organization ) was

established by the WIPO Convention in 1967
•The WIPO is a specialized agency of the United
Nations.
• It promote the protection of IP throughout the world.
• Its headquarters are in Geneva, Switzerland

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ENVIRONMENTAL STUDIES & LIFE SCIENCES
Intellectual Property Rights

Types of property:
• Movable Property
• Car, Pen, Furniture, Dress
• Immovable Property
• Land, Building
• Intellectual Property
• Literary works, inventions

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ENVIRONMENTAL STUDIES & LIFE SCIENCES
Intellectual Property Rights

IP as a property
• Can be sold
• Can be bought
• Can be lease or rent
• Can pass under a will
• Can be assigned

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ENVIRONMENTAL STUDIES & LIFE SCIENCES
Intellectual Property Rights
NECESSITY OF IPR PROTECTION
Intellectual property rights protection is necessary due to following
reasons:
– Encouragement to creativity by ensuring its reward
– Innovations in technology
– Protection of users and consumers
– Transfer of technology to less developed nations and countries of
the world
– IPR are given to such individuals to compensate for their efforts
during such creative process and their investments.
– These rights are given for a certain period of time and after which
general public have the right to get freely benefitted and use
subsequently. 9
ENVIRONMENTAL STUDIES & LIFE SCIENCES
Intellectual Property Rights

- Encouragement to creativity by ensuring its reward

- All the creations are used by human beings for their
enjoyment and benefit and due to that reason they have
social applications in economic and social terms like
financial gains and reputation.
- Pirates and imitators are not only depriving the intellectual
property right- holders from their legal rights but also
looting the users and consumers of such products and
goods which are not original or produced by the real
producers.
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Intellectual Property Rights

The role of IP as intangible property provides:

• Economic rights of creators
• Commercial exploitation of owner of IP
• Capital expenditure
• Transfer of technology
• Cultural development

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ENVIRONMENTAL STUDIES & LIFE SCIENCES
Intellectual Property Rights

TYPES/TOOLs OF IPRs
• Patents.
• Trademarks.
• Copyrights and related rights.
• Geographical Indications.
• Industrial Designs.
• Trade Secrets.
• Layout Design for Integrated Circuits.
• Protection of New Plant Variety.
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Intellectual Property Rights

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Intellectual Property Rights
Patent
The word patent originates from the Latin patere, which means "to
lay open" (i.e., to make available for public inspection).
• 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.
• It provides protection for the invention to the owner of the
patent.
• The protection is granted for a limited period, i.e., 20 years.
• Patent protection means that the invention cannot be
commercially made, used, distributed or sold without the patent
owner's consent.
• In principle, the patent owner has the exclusive right to prevent
or stop others from commercially exploiting the patented
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invention.
ENVIRONMENTAL STUDIES & LIFE SCIENCES
Intellectual Property Rights

Patent
• Patents are territorial rights. In general, the
exclusive rights are only applicable in the country
or region in which a patent has been filed and
granted, in accordance with the law of that
country or region.

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Intellectual Property Rights

What kinds of inventions can be protected?

•Patents may be granted for inventions in any field of technology,

from an everyday kitchen utensil to a nanotechnology chip.
• An invention can be a product – such as a chemical compound,
or a process, for example – or a process for producing a specific
chemical compound.
•Many products in fact contain a number of inventions. For
example, a laptop computer can involve hundreds of inventions,
working together.

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ENVIRONMENTAL STUDIES & LIFE SCIENCES
Intellectual Property Rights

Apple's 'rubber-banding' patent win stands –

Samsung denied new trial 17
[Link]
ENVIRONMENTAL STUDIES & LIFE SCIENCES
Intellectual Property Rights

Trademarks
• A trademark is a distinctive sign that identifies certain
goods or services as those produced or provided by a
specific person or enterprise.
• It may be one or a combination of words, letters, and
numerals.
• They may consist of drawings, symbols, 3D signs such
as the shape and packaging of goods, audible signs
such as music or vocal sounds, fragrances, or colours
used as distinguishing features.
• The initial term of registration is for 10 years;
thereafter it may be renewed from time to time.

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Intellectual Property Rights

[Link]
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ENVIRONMENTAL STUDIES & LIFE SCIENCES
Intellectual Property Rights

Trade Mark:
Application No.: 3296219
Dated June 28, 2016 in Class 1

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Intellectual Property Rights

Trademarks
•In principle, a trademark registration will confer an
exclusive right to the use of the registered trademark.
•This implies that the trademark can be exclusively used by
its owner, or licensed to another party for use in return for
payment.
•Registration provides legal certainty and reinforces the
position of the right holder, for example, in case of
litigation.

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ENVIRONMENTAL STUDIES & LIFE SCIENCES
Intellectual Property Rights

Trademarks
•A word or a combination of words, letters, and numerals can
perfectly constitute a trademark.
• But trademarks may also consist of drawings, symbols, three-
dimensional features such as the shape and packaging of goods,
non-visible signs such as sounds or fragrances, or color shades
used as distinguishing features – the possibilities are almost
limitless
•Trademark rights are private rights and protection is enforced
through court orders.

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ENVIRONMENTAL STUDIES & LIFE SCIENCES
Intellectual Property Rights

Copyrights and related rights

• Copyright is a legal term describing rights given to
creators for their literary and artistic works.
• The kinds of works covered by copyright include:
– literary works such as novels, poems, plays,
reference works, newspapers and computer
programs; databases; films, musical
compositions, and choreography; artistic works
such as paintings, drawings, photographs and
sculpture; architecture; and advertisements,
maps and technical drawings. 23
ENVIRONMENTAL STUDIES & LIFE SCIENCES
Intellectual Property Rights

Geographical Indications (GI)

• GI are signs used on goods that have a specific
geographical origin and possess qualities or a
reputation that are due to that place of origin.
• Agricultural products typically have qualities that
derive from their place of production and are
influenced by specific local factors, such as climate
and soil.
– Ex: Basmati rice, Darjeeling tea

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ENVIRONMENTAL STUDIES & LIFE SCIENCES
Intellectual Property Rights

Industrial Designs
• Industrial designs refer to creative activity, which
result in the ornamental or formal appearance of a
product, and design right refers to a novel or
original design that is accorded to the proprietor of
a validly registered design.
• Industrial designs are an element of intellectual
property.

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ENVIRONMENTAL STUDIES & LIFE SCIENCES
Intellectual Property Rights

• Three-dimensional product (Ex. Shape of a Coca-Cola

bottle)
• Two-dimensional product (Ex. Check pattern of burberry)

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ENVIRONMENTAL STUDIES & LIFE SCIENCES
Intellectual Property Rights

Trade Secrets
• It may be confidential business information that provides an
enterprise a competitive edge may be considered a trade
secret.
• Usually these are manufacturing or industrial secrets and
commercial secrets.
• These include sales methods, distribution methods,
consumer profiles, advertising strategies, lists of suppliers
and clients, and manufacturing processes.
• Contrary to patents, trade secrets are protected without
registration.

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Intellectual Property Rights

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Intellectual Property Rights

Layout Design for Integrated Circuits

• Semiconductor Integrated Circuit means a product
having transistors and other circuitry elements,
which are inseparably formed on a semiconductor
material or an insulating material or inside the
semiconductor material and designed to perform an
electronic circuitry function.
• The initial term of registration is for 10 years;
thereafter it may be renewed from time to time.

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Intellectual Property Rights

Protection of New Plant Variety

• The objective of this act is to recognize the role of
farmers as cultivators and conservers and the
contribution of traditional, rural and tribal
communities to the country’s agro biodiversity by
rewarding them for their contribution and to
stimulate investment for R & D for the development
new plant varieties to facilitate the growth of the
seed industry.

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Intellectual Property Rights

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Intellectual Property Rights

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ENVIRONMENTAL STUDIES & LIFE SCIENCES
IPR

•Remedies for Infringement

 Administrative(copyright board)
 Civil Proceedings(starts from district court)
 Criminal remedies
 Penalties and Punishments
 First offence –six months imprisonment and Rs.50,000/-
fine(Section 63)
 Second offence –one year imprisonment and
Rs.1,00,000/-fine(Section 63 A)
 Maximum –three years imprisonment and Rs.2,00,000/-
fine
ENVIRONMENTAL STUDIES & LIFE SCIENCES
Intellectual Property Rights

Nike has sued Wal-Mart for design patent infringement

asserting infringement of Pat Nos. D498,914

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[Link]
 ENVIRONMENTAL STUDIES & LIFE SCIENCES
Intellectual Property Rights
•“Infringement” of a patent occurs when a competitor makes, uses, sells,
offers to sell or imports an embodiment of the invention without the
permission of the patent owner.

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[Link]
ENVIRONMENTAL STUDIES & LIFE SCIENCES
Intellectual Property Rights

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THANK YOU

Dr. Sasmita Sabat

Department of Biotechnology
sasmitasabat@[Link]
+91 80 2672 6672 Extn 347

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