Notes for Intellectual Property Rights

FYBCOM :
Subject Teacher: Prof. Geetanjali Dhandore-Gaikwad

INTRODUCTION

Intellectual Property Rights are legal rights, which result from intellectual activity in
industrial, scientific, literary & artistic fields. These rights Safeguard creators and other
producers of intellectual goods & services by granting them certain time-limited rights to
control their use. Protected IP rights like other property can be a matter of trade, which can be
owned, sold or bought. These are intangible and nonexhausted consumption.

BASIC CONCEPT IN IPR

 Intellectual property is an intangible creation of the human mind, usually expressed or

translated into a tangible form that is assigned certain rights of property.
 Examples of intellectual property include an author's copyright on a book or article, a
distinctive logo design representing a soft drink company and its products, unique design
elements of a web site, or a patent on the process to manufacture chewing gum.
 Intellectual property rights (IPR) can be defined as the rights given to people over the
creation of their minds. They usually give the creator an exclusive right over the use of
his/her creations for a certain period of time.
 Intellectual property (IP) refers to creations of the mind: inventions, literary and artistic
works, and symbols, names, images, and designs used in commerce.

TYPES OF IPR

India has laws covering various areas of intellectual property as enumerated herein below:

1. Trade Marks
2. Patents
3. Copyrights and Related Rights
4. Industrial Designs
5. Geographical Indications
6. Layout Designs of Integrated Circuits
7. Plant Varieties
8. Information Technology and Cyber crimes
9. Data Protection
Broadly, the following acts deal with the protection of intellectual property:

1. Trade Marks Act, 1999

2. The Patents Act, 1970 (as amended in 2005)
3. The Copyright Act, 1957
4. The Designs Act, 2000
5. The Geographical Indications of Goods (Registration and Protection) Act, 1999
6. The Semiconductor Integrated Circuits Layout Design Act, 2000
7. The Protection of Plant Varieties and Farmers' Right Act, 2001
8. The Information Technology Act, 2000

[Link]
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. A patent
owner has the right to decide who may - or may not - use 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. The owner may also sell
the right to the invention to someone else, who will then become the new owner of the 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, which becomes available to
commercial exploitation by others. All patent owners are obliged, in return for patent
protection, to publicly disclose information on their invention in order to enrich the total body
of technical knowledge in the world. Such an ever-increasing body of public knowledge
promotes further creativity and innovation in others. In this way, patents provide not only
protection for the owner but valuable information and inspiration for future generations of
researchers and inventors.
What Can Be Patented
Product, Process, Machine, Manufacture, Composition of Matter.

2. TRADE MARKS
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, three- dimensional signs such as the
shape and packaging of goods, audible signs such as music or vocal sounds, fragrances, or
colours used as distinguishing features. It provides protection to the owner of the mark by
ensuring the exclusive right to use it to identify goods or services, or to authorize another to
use it in return for payment. It helps consumers identify and purchase a product or service
because its nature and quality, indicated by its unique trademark, meets their needs.
Registration of trademark is prima facie proof of its ownership giving statutory right to the
proprietor. Trademark rights may be held in perpetuity. The initial term of registration is for
10 years; thereafter it may be renewed from time to time.

3. 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. Copyright subsists
in a work by virtue of creation; hence it‘s not mandatory to register. However, registering a
copyright provides evidence that copyright subsists in the work & creator is the owner of the
work. Creators often sell the rights to their works to individuals or companies best able to
market the works in return for payment. These payments are often made dependent on the
actual use of the work, and are then referred to as royalties. These economic rights have a
time limit, (other than photographs) is for life of author plus sixty years after creator‘s death.

4. GEOGRAPHICAL INDICATIONS
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. They may also highlight specific qualities of a product, which are due to
human factors that can be found in the place of origin of the products, such as specific
manufacturing skills and traditions. A geographical indication points to a specific place or
region of production that determines the characteristic qualities of the product that originates
therein. It is important that the product derives its qualities and reputation from that place.
Place of origin may be a village or town, a region or a country. It is an exclusive right given
to a particular community hence the benefits of its registration are shared by the all members
of the community. Recently the GIs of goods like Chanderi Sarees, Kullu Shawls, and Wet
Grinders etc have been registered. Keeping in view the large diversity of traditional products
spread all over the country, the registration under GI will be very important in future growth
of the tribes / communities / skilled artisans associated in developing such products.

5. 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. Under the TRIPS Agreement, minimum standards of protection of
industrial designs have been provided for. As a developing country, India has already
amended its national legislation to provide for these minimal standards. The essential purpose
of design law it to promote and protect the design element of industrial production. It is also
intended to promote innovative activity in the field of industries. The existing legislation on
industrial designs in India is contained in the New Designs Act, 2000 and this Act will serve
its purpose well in the rapid changes in technology and international developments. India has
also achieved a mature status in the field of industrial designs and in view of globalization of
the economy, the present legislation is aligned with the changed technical and commercial
scenario and made to conform to international trends in design administration. This
replacement Act is also aimed to enact a more detailed classification of design to conform to
the international system and to take care of the proliferation of design related activities in
various fields.

6. 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,
and advertising strategies, lists of suppliers and clients, and manufacturing processes.
Contrary to patents, trade secrets are protected without registration. A trade secret can be
rotected 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. Considering the vast availability of traditional knowledge in the country the
protection under this will be very crucial in reaping benefits from such type of knowledge.
The Trades secret, traditional knowledge are also interlinked / associated with the
geographical indications.

7. 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 aim of the Semiconductor Integrated Circuits Layout Design Act 2000 is to provide
protection of Intellectual Property Right (IPR) in the area of Semiconductor Integrated
Circuit Layout Designs and for matters connected therewith or incidental thereto. The main
focus of SICLD Act is to provide for routes and mechanism for protection of IPR in Chip
Layout Designs created and matters related to it. The SICLD Act empowers the registered
proprietor of the layout-design an inherent right to use the layout-design, commercially
exploit it and obtain relief in respect of any infringement. The initial term of registration is
for 10 years; thereafter it may be renewed from time to time. Department of Information
Technology Ministry of Communications and Information Technology is the administrative
ministry looking after its registration and other matters.
 9. 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. The Plant
Variety Protection and Farmers Rights act 2001 was enacted in India to protect the New Plant
Variety; the act has come into force on 30.10.2005 through Authority. Initially 12 crop
species have been identified for regt. i.e. Rice, Wheat, Maize, Sorghum, Pearl millet,
Chickpea, Green gram, Black gram, Lentil, Kidney bean etc. India has opted for sui- generic
system instead of patents for protecting new plant variety. Department Agriculture and
Cooperation is the administrative ministry looking after its registration and other matters

DURATION OF INTELLECTUAL PROPERTY RIGHTS

 Term of every patent will be 20 years from the date of filing of patent application,
irrespective of whether it is filed with provisional or complete specification.

 Date of patent is the date on which the application for patent is filed.

 Term of every trademark registration is 10 years from the date of making of the
application which is deemed to be the date of registration.

 Copyright generally lasts for a period of sixty years.

 The registration of a geographical indication is valid for a period of 10 years.

 The duration of registration of Chip Layout Design is for a period of 10 years counted
from the date of filing an application for registration or from the date of first commercial
exploitation anywhere in India or in any convention country or country specified by
Government of India whichever is earlier.

 The duration of protection of registered varieties is different for different crops namely
18 years for trees and vines, 15 years for other crops and extant varieties.

2. TANGIBLE AND INTANGIBLE PROPERTY

Property is an external thing that can be owned or possessed. Property can be divided into
two categories: tangible and intangible. The word tangible refers to something that has a
definable physical form that can be felt or touched. The word intangible refers to something
that cannot be perceived by the senses.
  Tangible Property
In law is, literally, anything which can be touched, and includes both real property (or, in
civil law systems, immovable property) and personal property (or moveable property), and
stands in distinction to intangible property.

 Intangible Property
Intangible property consists of property that lacks a physical existence. Examples of
intangible property include checking and savings accounts, options to buy or sell shares of
stock, the goodwill of a business, a patent, and spousal love and affection.

APPLICATIONS OF IPR

1. Intellectual property right is a government right is granted by government of India for

maintaining the quality and standard of drug or drug related product or services.

2. Intellectual property right is important to maintain the quality, purity and safety of drug
products.

3. Intellectual property right is important for determination of product stability and safety.

4. Intellectual property right is applicable for industrial, Pharmaceutical, analytical,

chemical, drug development, drug synthesis and Manufacturing industries.

5. Intellectual property right is applicable for companies, industries, Business and

marketing.

6. Intellectual property right is applicable for industrial, scientific, literary, artistic field.

7. Intellectual property right is applicable of NDA, ANDA and INDA analysis of Drug
Product or Pharmaceutical Formulations.

8. Intellectual property right is applicable for testing, analysis, characterizing, the

drug properties and drug quality.

9. Intellectual property right is exclusive right is granted by government of India for

protection of invention of inventor.

10. It is applicable for Protection of originality or novelty of work of author has a function of
copyright.
 11. It is act has certification as well as identification mark for identification of product in
would wide market has function of trademark.

12. It is important for maintaining protection of patent or business oriented data has function.

13. It is applicable for Maintaining the utility, designing and Novelty of Patented data.

14. It is applicable for determination of law of Indian system or Indian legal system.

15. it is important for maintaining protection of patent or business oriented data has function
of Trade secrets.

16. It is important for determination simple ornamental or industrial designing and Layout
oriented semiconductor devices.

17. 1It is Applicable for determination of Anticipation of data as well as Patent data under
prior art or not is conducted by IPR.

18. It is having important application for Indian Patent act 1970, and also determination of
Amendment of patent act in 1999, 2002, 2005 and 2006.

19. It is applicable for determination of Patent filling and Patent Granting Processes.

20. It is applicable for determination of Patent Revocation and Patent Infringements.

21. It is applicable for determination of Commercialization and Patent Licensing Processes

CONCLUSION
Intellectual Property Right is Government Right is granted by the Government of India.
Intellectual Property right is concerned with intellectual activity in industrial, scientific,
literary & artistic fields. These rights Safeguard creators and other producers of intellectual
goods & services by granting them certain time-limited rights to control their use. The rights
given to people over the creation of their minds. They usually give the creator an exclusive
right over the use of his/her creations for a certain period of time. It is exclusive right is
granted by government for protection of Novelty as well as Originality of Patent oriented
Data and Maintaining Quality, Safety, Efficacy and Standard or Certification of drug, Any
Product and Services.