Intellectual Property
Rights
Reasons why India need IPR
India is WTO nation and all 149 WTO nations
Indian competitiveness is based more on the
have agreed for the IPR protection by including
cheap labour and raw material but it can be
Trade Related Intellectual Property Rights
a Knowledge based economy for that there is
a need of IPR to convince and protect the (TRIPS). IPR has proved to be helpful and useful
originators about their work. This will boost in various economies
the motivation to bring knowledge to the
country.
• Over the past two decades, intellectual property rights have grown to
a stature from where it plays a major role in the development of
global economy. Intellectual property is everywhere, • i.e., the music
you listen to, the technology that makes your phone work, the design
of your favourite bike, the logo on your chocolate, etc.
• It exists in all the things you can see — all are the products of
human creativity and skill, such as inventions, books, paintings,
songs, symbols, names, images, or designs used in business, etc.
Intellectual Property (IP)
The property, which is created
with intellect such as inventions,
books, paintings, songs, names,
images, or designs used in
Intellectual property right
(IPR)
business, etc
Exclusive rights given to
person over the creation of
their minds for certain
periods of time.
Major laws for the protection of Intellectual Property
in India
Copyrights act
Trademark Act
The Patents act 1957 Design act 2000
1999
1970 Amend by the
Amend by the copyright
patents (Amendment)
(Amendment) acts, 1994,
act, 1999,2002, 1999 & 2012
2005 & 2006
Major laws for the protection of Intellectual Property
in India
The
The geographical The protection of
semiconductor
indication of plan varieties
integrated
goods and farmers
circuits layout
(Registration and rights act, 2000
designs act,
protection) act
2000
1999
PROPERTY
Intangible
Tangible
Intellectual
Movable Immovable
Eg. Car Eg. Building
Property
Industrial property Copyright
related related
Patents, Designs,
Trademarks, GIs
Monopolistic
rights
Patent
A grant made by the government to an inventor,
conveying and securing to him the exclusive right to
make, use, and sell his invention for a term of years.
A Patent gives monopolistic rights to its owner to
exclude others, from making, using, selling, offering
for sale or importing the product or the process for
producing the product without his consent.
The term of every patent in India is twenty years from
the date of filing the Patent application.
The Indian Patent act, 1970 has classified the patentable
inventions as follows:
Process: According to the law, process means new methods of production, research,
testing analysis or the technological process that can be validated as new or unique.
These are not the physical objects are in documented form.
Machines: In the patent law, machines are physical objects. It can be any product,
instrument, or any other physical item that is new or useful.
Manufacture: According to the patent law, manufacture means any physical item has
been made up by a new and unique way or materials.
Composition of matter: Composition of matter in a patent law refers to the mixture of
the chemical compounds, medicines and botanical compositions which are new ,
unique and are useful and do not exist in the nature in that particular state.
Patentability Criteria
a) Novelty: Novelty means the matter disclosed in the specification is neither published in India nor
anywhere else where before the date of filing of patent application in India. The invention must be novel,
meaning thereby that the Invention must not be in existence.
b) Non-obvious: the Invention must be non- obvious, i.e. the Invention must be a significant improvement
to the previous one; mere change in technology will not give the right of the patent to the inventor. Example:
Camera + Phone
c) Utility: Industrially applicable means the invention should possess utility, so that it can be made or used
in an industry..
Some famous example of patent:
A) The entire Mach 3 system of Gillette protected by 35 patents, costs $35 billion just to bring to market.
B) Tata Motors had file up 34 patents for Tata Nano to make it cheapest car of the world.
How patent is Important in our Industrial
practice?
• Patents provide incentives to the individuals. In particular, the
inventors deserve recognition for their creativity and material reward
for their marketable inventions.
• The incentives encourage innovation, which ensures that the quality
of human life is enhanced.
• Protection stimulates research, which results in technological
development.
• It enables the inventor (s) to recoup their investment for the money
and time spent developing the ideas in Research and Development.
Trade mark
• A trade mark (popularly known as brand name) in layman’s language is a visual
symbol which may be a word signature, name, device, label, numerals or
combination of colours used by one undertaking on goods or services or other
articles of commerce to distinguish it from other similar goods or services
originating from a different undertaking.
• The trademark owner will have monopoly over the usage of that symbol. It includes
Brands, Logos, Service marks, Trade name etc.
TRADEMARKS
Any sign that individualizes the goods of a
given enterprise and distinguishes them from
the goods of its competitors
Term of registration of a trademark is ten
years, which may be renewed for a further
period of ten years on payment of prescribed
renewal fees.
Types of Trademark can be registered
There are many forms of trademark, which can be registered
• Any name (including personal or surname of the applicant or predecessor in business or the
signature of the person), which is not unusual for trade to adopt as a mark.
• An invented word or any arbitrary dictionary word or words, not being directly descriptive
of the character or quality of the goods/service.
• Letters or numerals or any combination there of.
• The right to proprietorship of a trade mark may be acquired by either registration under the Act
or by use in relation to particular goods or service.
• Devices, including fancy devices or symbols
• Monograms
• Combination of colors or even a single color in combination with a word or device
• Shape of goods or their packaging
• Marks constituting a 3- dimensional sign.
• Sound marks when represented in conventional notation or described in words by being
graphically represented.
Procedure/steps for trademark registration
1. Trademark search
2. Application for registration of trademark
3. Examination of application by the registry
4. Acceptance of application or refusal to accept(only if formal
requirements are fulfilled)
5. Advertisement of application (Purpose: for oppositions of interested
persons with in time)
6. Opposition to registration (With in three months from date of
advertisement with prescribed fee in prescribed manner)
7. Certificate of Registration (Time Duration: If there is no objection and /or
opposition raised, the process of Registration of Trademark usually takes
15 to 18 months)
• A trademark is designated by the following symbols:
™(for an unregistered trade mark)
℠ (for an unregistered service mark)
® (for a registered trademark)
Generally, one who has filed an application (pending registration) can use the
TM (trademark) SM (Service Mark) designation with the mark to alert the
public of his exclusive claim.
The claim may or may not be valid. The registration symbol, ®,may only be
used when the mark is registered.
8. Trademark Renewal : The validity period of registration certificate is for ten
years and after that the same can be renewed subject to the payment of
renewal fees.
Why registration of trademark is important
• Exclusive legal right on your business name
• Protects your business name and gives remedy in the court in
case of any infringement.
• A sound name in the market in the eye of a general public
• Creates a face value among competitors
• Gives a legal recognition to your business
• ‘Monopoly’ business name or brand name
COPYRIGHT
• The word copyright is a mixture of two words – ‘copy’ and ‘right’. To be more
precise copyright means ‘right to copy’, wherein only the creator or his authorized
person has a right to reproduce a work.
• In simple words, a legal right which is possessed by the owner of Intellectual
property is a copyright. “Copyright is a right given by the law to creators of literary,
dramatic, musical and artistic works and producers of cinematograph films and
sound recordings.
• Section 13 of Copyright Act, 1957 states that the copyright can be given only for
the original work. Copyright is usually provided for 60 years.
“original works of authorship”
“a tangible form of expression.”
COPYRIGHT
An exclusive legal right granted to
the creators of intellectual work.
Copyright owner has rights to
reproduce, translate, adapt, perform,
distribute and publicly display the
work, etc.