INTELLECTUAL

PROPERTY
RIGHTS
CAN YOU TRADE A BOWL OF
RICE?
COST, PRICE AND VALUE
 Exclusive rights

▪ The best-kept secret about strategy is that you are in control.

▪ Regulations on IPRs allow you to choose the game you want to play and how you might win
it.
▪ If shoes were your business, for example, is your market “shoe retailing”?
Or is it the retailing of “high-priced, custom-made women’s leather sandals”?

Your answer will determine your chances of becoming a market leader.

The Christian Louboutin
A GLASS OF JUICE: HOW DO
YOU ADD PREMIUM TO THE
PRODUCT ?
COST, PRICE AND VALUE Trademark – brand
Advertisement –
Copyright

Patent
Industrial Design
GIs

Trade
secret
IP RIGHTS DISTINGUISHED

Shape ?
Creative
layout ?

Brand?? Useful cap ?

Any IP ?
7
IP RIGHTS DISTINGUISHED
And a Product may incorporate several forms of IP!

Design
Copyright

Trademark ? Patent

Any IP ?
8
WHAT ARE IPRS
▪ ‘Intellectual Property Rights’ is basically a concept wherein all the three terms:
▪ ‘Intellectual’, ‘Property’ and ‘Rights’ carry an independent meaning and when all of them are put
together, they become an important aspect of properties.
INTELLECTUAL, PROPERTY
AND RIGHTS
▪ Intellectual- refers to creations of the mind, something which is intangible but has a tangible
value to it.

▪ Property- These properties have all the attributes of tangible properties, ‘Possidendi Utendi
Disponendi i.e. they have a right to possess, right to use and right to be disposed off.

▪ Rights- Intellectual properties are adapted into rights only when under statutory provisions
governing them determines the duration for which ownership lies with creator of these properties
have been complied with and have been registered as per those acts.
▪ Illustrations
WHY SHOULD BE PROTECT IP
?
▪ Helps to be a differentiator with proprietary (ownership) rights
▪ Capital expenditure for new products
▪ R and D
▪ Marketing and advertisement
▪ No free loaders
▪ Maintaining loyal followers
▪ Profits
WHAT CAN YOU DO WITH
YOUR IP?
▪ Can be sold
▪ Can be bought
▪ Can be lease or rent
▪ Can pass under a will
▪ Can be assigned
IMPORTANCE OF IPRS
▪ Though these properties are created by human intellectual and have an element of ownership,
the law assumes that these properties should finally belong to the public.
▪ Each Intellectual property will have time duration to it and beyond which they must pass to the
public domain. All intellectual properties to be converted into rights must have a commercial
value to them.
▪ Intellectual property rights are the rights (exclude and include) given to persons over the
creations of their minds.
▪ They usually give the creator an exclusive right, mostly statutory over the use of his/her
creation for a certain period of time.
▪ The rights include usage, sale, distribution, protection and transfer of technology through
assignment, licensing, franchising, functional and enabling.
TYPES OF IP
Copyright
+
Industrial rights which includes patents, trade secrets, trademarks, geographical
indications
=
Intellectual property rights

▪ Intellectual: creative human activity

▪ Property: special form of ownership
▪ Other characteristics: negative, exclusive, absolute
HISTORY OF IPRS
▪ Patents - 1331 AD - King Edward III
▪ Letters patent- Latin word ‘patere means to open
▪ 16 July 1331 King Edward III of England granted letters patent to John Kempe of Flanders,
'weaver of woollen cloths', to enter England with his men and exercise and teach his trade freely
under the king's protection.
▪ Copyrights - The Statute of Anne, 1710
▪ The first copyright act in the world, the British Statute of Anne.
▪ ‘…. The Author of any Book or Books already Printed, who hath not
Transferred to any other the Copy or Copies of such Book or
Books, Share or Shares thereof, or the Bookseller or Book-
sellers, Printer or Printers, or other Person or Persons, who
hath or have Purchased or Acquired the Copy or Copies of any
Book or Books, in order to Print or Reprint the same, shall
have the sole Right and Liberty of Printing such Book and
Books……’
CONT…
▪ Trademarks- in 1266, the Parliament of England under the reign of King
Henry III gave first trademark, according to which all bakers were required to
use a distinctive mark for the bread they sold.
▪ In 1876, Bass Brewery's label incorporating its triangle logo for ale was the
first trade mark to be registered under the Trade Mark registration Act 1875.
▪ Logo, ® trade mark of Bass Brewery.
INTERNATIONALIZATION OF
IPRS
▪ 1873, World Exposition, Vienna, Austria
▪ Objective to promote
Knowledge
Education
Culture
USA boycotted this event on the ground that rights of inventors were limited to their own
country and hence there was a fear of copying IPRs at the exposition.
Led to provisional protection
DEVELOPMENT OF IPR
REGIME
1883 Paris Convention For The Protection Of Industrial Property
Berne Convention For the Protection of Literary and Artistic
1886 Work

1891 Madrid System For The International Registration of Marks

United International Bureaux for the Protection of IPRs
1893 (BIPRI)
BIPRI became World Intellectual Property
1970 Organization
WIPO joins UN- 189 members, administers 26 treaties and
1983 WIPO Conventions
1995 Trade Related Intellectual Property Rights (TRIPS)
Different Acts governing IP assets in India
The Trade Marks Act, 1999
Trade Marks

The Patents Act, 1970

Patents

Copyright The Copyright Act, 1957

The Designs Act, 2000

Designs

The Geographical Indications

Geographical Indications Of Goods Act, 1999
The Protection of plant varieties and
Plant Varieties Farmers’ Right Act, 2001
Semi conductor IC layout design
Semi conductor IC layout Act,2000

19
 CONTROLLER GENERAL OF PATENTS, DESIGNS
AND TRADEMARKS
(CGPDTM)
IPTI
PATENT ,NIIPM,
T M REGISTRY G.I. REGISTRY
OFFICE P.I.S.
Nagpur

DESIGN Head Office

Head Office CHENNAI
OFFICE MUMBAI
KOLKATA

Branch DELHI
DELHI KOLKATA

Branch KOLKATA
CHENNAI

Branch CHENNAI
MUMBAI

A’BAD
WHAT IS A PATENT ?
▪ WIPO- ‘A patent is an exclusive right granted for an invention, which is a product or a process
that provides, in general, a new way of doing something, or offers a new technical solution to a
problem.’
▪ A Patent is a statutory right for an invention granted for a limited period of time to the patentee
by the Government, in exchange of full disclosure of his invention for excluding others, from
making, using, selling, importing the patented product or process for producing that product for
those purposes without his consent.
 PATENT- INVENTION
▪ Patent is granted for an “invention” – this is a universally accepted principle of patent law.
▪ The patent specification describes the invention and if the application is granted by the Patent Office,
the patentee is entitled to exclusive rights over the “invention”.
▪ Section 2(j) of the Patents Act, 1970 defines the term invention in the following terms:
▪ “invention” means a new product or process involving an inventive step and capable of industrial
application”
▪ The invention must be a “product” or a “process”.
▪ In order to qualify as an invention, a product or process:

▪ Must be “new”; and

▪ Must involve an “inventive step”; and
▪ Must be “capable of industrial application”

▪
CRITERIA FOR GRANT OF
PATENT
▪ An invention to become patentable subject matter must meet the following criteria:
i) It should be novel (not a prior art)
Invention should not have been published or used anywhere in the world before the date of filing
the patent application in the patent office.
ii) It should have inventive step; it must be non-obvious
According to the Patents Act, 1970 (as amended in 2005) Sec 2 (ja) "inventive step" means a
feature of an invention that involves technical advance as compared to the existing knowledge or
having economic significance or both and that makes the invention not obvious to a person
skilled in the art;
iii) It should be capable of Industrial application. (utility of invented process or product)
Provided subject matter is patentable.
INVENTIVE STEP
The Supreme Court in the Novartis case broke down Section 2(ja) into the following:
“It [The product] must come into being as a result of an invention which has a feature that:
(a) Entails technical advance over existing knowledge;
Or
(b) Has an economic significance
And
(c) Makes the invention not obvious to a person skilled in the art”
WHAT IS NOT PATENTABLE ?
(a) an invention which is frivolous or which claims anything obviously contrary to well established
natural laws;
(b) an invention the primary or intended use or commercial exploitation of which could be contrary
public order or morality or which causes serious prejudice to human, animal or plant life or health or
to the environment;]
(c) the mere discovery of a scientific principle or the formulation of an abstract theory [or discovery of
any living thing or non-living substances occurring in nature];
[(d) the mere discovery of a new form of a known substance which does not result in the enhancement
of the known efficacy of that substance or the mere discovery of any new property or new use for a
known substance or of the mere use of a known process, machine or apparatus unless such known
process results in a new product or employs at least one new reactant.
Explanation. -For the purposes of this clause, salts, esters, ethers, polymorphs, metabolites, pure form,
particle size, isomers, mixtures of isomers, complexes, combinations and other derivatives of known
substance shall be considered to be the same substance, unless they differ significantly in properties
with regard to efficacy;]
CONT..
(e) a substance obtained by a mere admixture resulting only in the aggregation of the properties of the
components thereof or a process for producing such substance;
(f) the mere arrangement or re-arrangement or duplication of known devices each functioning independently of
one another in a known way;
(h) a method of agriculture or horticulture;
(j) any process for the medicinal, surgical, curative, prophylactic [diagnostic, therapeutic] or other treatment of
human beings or any process for a similar treatment of animals to render them free of disease or to increase
their economic value or that of their products.
(j) plants and animals in whole or any part thereof other than micro-organisms but including seeds, varieties
and species and essentially biological processes for production or propagation of plants and animals;
(k) a mathematical or business method or a computer programe per se or algorithms;
(l) a literary, dramatic, musical or artistic work or any other aesthetic creation whatsoever including
cinematographic works and television productions;
(m) a mere scheme or rule or method of performing mental act or method of playing game;
SECTION 4 IN THE PATENTS
ACT, 1970 AND PCT
4 Inventions relating to atomic energy not patentable.
-No patent shall be granted in respect of an invention relating to atomic energy falling within
sub-section(1) of section 20 of the Atomic Energy Act, 1962 (33 of 1962).
PCT
▪ Making it easier to make patent application
▪ Designated country.
▪ International phase to national phase.
 STEPS TO FILE A PATENT:
1. The first step starts with a prior art search which means a thorough search of various patent databases,
technical literature and can even include a market survey.
2. The above step is ensure that the invention is novel and non-obvious on the date of filing the application.
3. Once the patentability of the invention is established after a thorough prior art search, a patent application
should be drafted. This document is known as the complete specification.
It must comprise:
I. Title of the invention indicating its technical field
II. Abstract
III. Prior art and drawbacks in the prior art (if any)
IV. Solution provided by the inventor to obviate the drawbacks of the prior art
V. A concise but sufficient description of the invention and its usefulness
VI. Details of the best method of its(invention’s) working
VII. Claims
REGISTRATION OF PATENTS
▪ Following are the steps in the registration process:
I. File a patent application in the IPO (Indian Patent Office)
II. Patent application is published after 18 months or one has to request for early publication
III. File a request for examination along with requisite fees within 48 months from date of
filing-without the request the application will not be examined (Form 18)
IV. First Examination Report (FER) is issued if Patent office is not satisfied
V 12 months time to respond to the FER
VI. Pre-grant opposition can be filed by any person after the date of publication of application but
before the grant of patent
VII. If requirements are satisfied, patent will be granted and notified in the Patent Office Journal
TIME, TERM AND PCT –
PATENTS
▪ It takes around 3 to 5 years to get a patent.
▪ The term of every patent in India is 20 years from the date of filing and not the date of grant of patent.
▪ PCT stands for Patent Cooperation Treaty.
▪ It is an international treaty for claiming one’s domestic priority (date) in member countries of PCT.
▪ Through PCT one can file applications in countries of interest within 30 months of the priority date.
▪ Under the PCT system, a patent search report is provided and on demand a preliminary examination of
application is also done.
▪ India is a member to this convention. Hence, if one applies for registration of patent in any member
country, within six months from the date of filing of patent application in India, they will have the same
priority as in India.
SALIENT POINTS ON PATENTS
Patent protection is territorial right and therefore it is effective only within the territory of India.
Filing an application in India enables the applicant to file a corresponding application for same invention in
convention countries, within or before expiry of twelve months from the filing date in India (PCT)
A patent application can be filed either by true and first inventor or his assignee, either alone or jointly with
any other person.
However, legal representative of any deceased person can also make an application for patent.
Term of every patent in India is 20 years from the date of filing of patent application, irrespective of
whether it is filed with provisional or complete specification.
In case of applications filed under PCT the term of 20 years begins from International filing date.
 GLOBAL INNOVATION INDEX
2020
▪ The Global Innovation Index 2020: India, ranked at the 48th position:
▪ The Start-up India Scheme, IPR Awareness Creative India, Innovative India Scheme
i. The setting up of incubation centres, allow tax exemption for start-ups, provide up to 80%
rebate on patent application fees, allow faster exits for start-ups, provide relaxed costs for
women inventors etc.
ii. As per NASSCOM Indian start-ups have filed over 200 patents in 2017-2018. wherein over
50 per cent of the technology patents filed, came from emerging technology trends such as
Artificial Intelligence, Cyber Security, IoT and Cloud Computing.
WHAT CAN BE PATENTED IN
A GLASS OF JUICE?
Process – novel, invention step and
industrial application
New Product
Herbs ?
New Process of making juice ?
Cold pressed ?
Trade secret ?
TRADE SECRET
▪ According to WIPO a trade secret is:
▪ "Any confidential business information which provides an enterprise a competitive edge may be
considered a trade secret. Trade secrets encompass manufacturing or industrial secrets and commercial
secrets."
▪ Brands like Coca-Cola, KFC, etc. keep some of their recipes secret and use that strategically for
advertising and brand image.
▪ Protected as a part of contractual obligation.
▪ Any kind of unauthorized use or disrespect for the secret information can attract serious corporate
criminal indictments including charges relating to commercial and industrial espionage, breach of trust
and breach of contract.
WHAT ARE INDUSTRIAL
DESIGNS?
Industrial design refers only to the ornamental or overall visual appearance of a
product
1. Design should be new or original, not previously published or used in any
country
before the date of application for registration.
2. Design should relate to shape, configuration, pattern or ornamentation
features, and composition of lines or colors applied to an article.
3. Design should be applied to any article by any industrial process or means,
whether manual, mechanical, chemical, separate, or combined.
4. Design should not be linked to any functional aspect of the article.
WHAT CANNOT BE PROTECTED
BY AN INDUSTRIAL DESIGN?
▪ The following cannot be protected:
A manufacturing process;
Functional features of an article
A principle of construction, or how an article is built
The materials used in the construction of an article
The useful purpose (functionality) the design serves or is intended to serve
Colour per se or Ideas
 INDUSTRIAL DESIGNS –
DURATION, FILING AND TIME
TAKEN
▪ Duration- Registration of a design lasts ten years from the
date of registration which can then be renewed for another
five years. The full term for registration can be, at most, 15
years.
▪ Filing- File Industrial design applications at any branch of
the Office of the Controller General of Patents, Designs,
Trademarks, and Geographical Indications.
▪ The time is taken to register an industrial design in
India- about 6 ~ 10 months for industrial design
registration in India.
M/S. CELLO HOUSEHOLD
PRODUCTS VS M/S. MODWARE
INDIA AND ANOTHER (30
MARCH, 2017)1. Cello was granted registration in the design in 2016

2. Cello sought an injunction on two grounds:

Passing Off.

Design Infringement.
 WHAT IS PASSING OFF ?
▪ Passing off is making a representation that induces customers to believe that a product originates from a
particular manufacturer without it originating from that manufacturer. It is required to be prevented:
1. To protects a trader’s property (goodwill)
2. Preventing confusion in the minds of the consumer.
Test - “classical trinity”:
1. Existence of Reputation and Goodwill.
2. Existence of the Fact of Misrepresentation.
3. Possibility of Irreparable Injury.
TRADEMARKS
 TRADEMARKS
▪ Trademark is a sign that helps distinguish the products from a particular producer or enterprise from those
of its competitors by providing a distinctive sign to goods or services produced by an enterprise,
trademarks create an enduring image in the customers’ mind.
▪ Trademarks may be a word or a combination of words, letters and numerals.
▪ They may also consist of drawings, symbols, 3D signs such as shape and packaging of goods, or colours
used as a distinguishing feature.
▪ WIPO- “A trademark is a sign capable of distinguishing the goods or services of one enterprise from those
of other enterprises.”
 THE TRADEMARKS ACT, 1999
▪ According to The Trademarks Act, 1999, Section 2 (zb) “trade mark” means a mark capable of being
represented graphically and which is capable of distinguishing the goods or services of one person from
those of others and may include shape of goods, their packaging and combination of colours: ….

a. Collective mark – Tata, Reliance, domain names

b. Certification mark – FISSAI, ISI, ISO, AGMARK, Silk Mart of India, Energy stars on electronics,
c. Well known trademark – Zee, Emiartes, Starbucks, etc.
d. Service marks – CA, Lawyers, consultants, etc.
TYPES AND CATEGORIES OF
TRADEMARKS
▪ Names
Suggestive marks – Paypal
▪ Letters Fanciful- Banana IP
▪ Words Random – Apple, Beetles
▪ Font style and size Unregistered – Samsung
▪ Numerals
▪ Colours
▪ Shape, 3 D
▪ Packaging
▪ Any combinations
 CLASSIFICATION OF GOODS
AND SERVICES
▪ For the purpose of classification of goods and services for registration of trademarks, India follows the
International Classification of Goods and Services (Nice Classification) published by World Intellectual
Property Organization (WIPO).
▪ 1-34 : Goods
▪ 35-45 : Services
▪ [Link]
IS THERE ANY SIMILARITY ?
 GOOD TRADEMARKS
▪ If it is a word it should be easy to speak, spell and remember.
▪ The best trade marks are invented words or coined words.
▪ Avoid selection of a geographical name. No one can have monopoly right on it.
▪ Avoid adopting laudatory words or words that describe the quality of goods (such as best, perfect, super,
etc.)
▪ It is advisable to conduct a market survey to ascertain if the same/similar mark is used in the market.
 FUNCTIONS OF TRADEMARKS
▪ A trademark performs four functions
It identifies the goods / or services and its origin.
✔ It guarantees its unchanged quality
✔ It is a promise of quality
✔ It advertises the goods/services
✔ It creates an image for the goods/ services.
 FLUID TRADEMARKS
▪ Fluid trademarks refer to a method of capturing various versions of a particular trademark which may not be
very dissimilar to each other.
▪ They should be designed in such a way that various versions of a trademark should identify with the same
source.
THE NEW AUDI LOGO
 MADRID PROTOCOL
▪ Trademarks are territorial in nature. This means that statutory protection is given only in the countries where
the Trademark is registered. So, if you want to prevent a cross-border infringement of your Trademark, it is
essential that you write it in every country where you want to use it.
▪ India has joined the Madrid Protocol with effect from 8th July 2013.
▪ After the amendment in the Trade Marks Act in 2010, Chapter IV A was inserted, which contains the special
provisions relating to the protection of trademarks through international registration under the Madrid
Protocol.
▪ This amendment allows Indian entities to register their trademarks in 97 countries by filing a single
application.
▪ In the same way, it also allows the foreign entities of the member countries of the Madrid Protocol to register
their mark in India.
▪ One of the significant changes brought about by the 2010 amendment is the inclusion of the words "within
eighteen months of the filing of the application" in Section 23 of the Trade Marks Act.
 INFRINGEMENT AND
PASSING OFF
▪ Infringement A trademark is said to be infringed by a person, who, not being a permitted user, uses an
identical/similar/deceptively similar mark to the registered trademark without the authorisation of the
registered proprietor of the trademark.
▪ Passing off is a common law tort used to enforce unregistered trademark rights.
Passing off essentially occurs where the reputation in the trademark of party A is misappropriated by party
B, such that party B misrepresents as being the owner of the trademark or having some affiliation/nexus
with party A, thereby damaging the goodwill of party A. For an action of passing off, registration of a
trademark is irrelevant.
▪ Significantly, infringement of a trademark is a cognizable offence and criminal proceedings can be
initiated against the infringers.
DIFFERENCE BETWEEN TM
AND ®

Unregistered
Registered
 THE PROCESS OF
REGISTRATION OF A
TRADEMARK
▪ The process of registration of the trademark consists of the following steps:
▪ SEARCH: Conduct a trademark availability search
▪ FILING: Trademark application to be filed with Trademark office
▪ EXAMINATION: Trademark Office examines the registrability of the application
▪ PUBLICATION: Acceptance of application by the Registrar is published in Trademark Journal
▪ OPPOSITION: After publishing of applications in the Trademark Journal, third party(ies) can oppose
the registration within 4 months in a prescribed format.
▪ Applicant has the option to provide justification to the Trademark Office for such opposition
▪ NO OPPOSITION: Trademark is entitled for registration
THE FIRST CASE- COVID-19
1. Reckitt Benckiser (India) Pvt Ltd, -
Dettol hand wash, complaint by arch rival
Hindustan Unilever Limited (HUL),
Lifebuoy soap,
2. HUL moved court seeking damages
against RB
3. WHO had issued guidelines to use soap
and water,
4. The Dettol ad conveys soap cakes are
useless, ineffective and cannot protect
consumers from illness causing germs while
hand wash gives better protection.
4. Advertisement was removed
ANY RIGHTS ON THE
FOLLOWING ?
 COPYRIGHT WORK
PROTECTED INDIA
▪ Artistic work including a painting, a sculpture, a drawing (including a diagram, map, chart or plan), an
engraving, a photograph, a work of architecture or artistic craftsmanship, dramatic work,
▪ All literary works using any language
▪ (including computer programs, tables, compilations and computer databases),
▪ musical work (including music as well as graphical notation),
▪ sound recording, and
▪ cinematograph film
 COPYRIGHTS
▪ WIPO describes Copyright as:
▪ "Copyright (or author’s right) is a legal term used to describe the rights that creators have over their
literary and artistic works. Works covered by copyright range from books, music, paintings, sculpture,
and films, to computer programs, databases, advertisements, maps, and technical drawings.”
▪ The Copyright Act, 1957 as amended in 2012, supplemented by the Copyright Rules, 2013, with
subsequent amendments, is the governing law for copyright protection in India.
▪ India is a member of the Berne Conventions and Universal Copyright Convention. The Government of
India has also issued the International Copyright Order, 1999, according to this order; any work first
published in any country - which is a member of any of the above conventions - is granted the same
treatment as if it was first published in India
COPYRIGHTS IN INDIA
▪ The Copyright Act, 1957 Sec 13. Works in which copyright subsists.— (1) Subject to the provisions of this section and
the other provisions of this Act, copyright shall subsist throughout India in the following classes of works, that is to
say,— (a) original literary, dramatic, musical and artistic works; (b) cinematograph films; and (c) sound recording….
▪ Sec 14 -Meaning of Copyright.— For the purposes of this Act, “copyright” means the exclusive right subject to the
provisions of this Act, to do or authorise the doing of any of the following acts in respect of a work or any substantial part
thereof, namely:—
▪ (a) in the case of a literary, dramatic or musical work, not being a computer programme,—
▪ (i) to reproduce the work in any material form including the storing of it in any medium by electronic means;
▪ (ii) to issue copies of the work to the public not being copies already in circulation;
▪ (iii) to perform the work in public, or communicate it to the public;
▪ (iv) to make any cinematograph film or sound recording in respect of the work;
▪ (v) to make any translation of the work;
▪ (vi) to make any adaptation of the work;
▪ (vii) to do, in relation to a translation or an adaptation of the work, any of the acts specified in relation to the work in
sub-clauses (i) to (vi);
 CONT…
(b) in the case of a computer programme,—
(i) to do any of the acts specified in clause (a);
(ii) to sell or give on commercial rental or offer for sale or for commercial rental any copy of the computer
programme: Provided that such commercial rental does not apply in respect of computer programmes where
the programme itself is not the essential object of the rental.]
(c) in the case of an artistic work,—
[(i) to reproduce the work in any material form including— (A) the storing of it in any medium by
electronic or other means; or (B) depiction in three-dimensions of a two-dimensional work; or (C)
depiction in two-dimensions of a three-dimensional work;]
(ii) to communicate the work to the public;
(iii) to issue copies of the work to the public not being copies already in circulation;
(iv) to include the work in any cinematograph film;
(v) to make any adaptation of the work; (vi) to do in relation to adaptation of the work any of the acts
specified in relation to the work in sub-clauses (i) to (iv); (d) in the case of a cinematograph film,—
(i) to make a copy of the film, including— (A) a photograph of any image forming part thereof; or (B)
storing of it in any medium by electronic or other means;
(ii) to sell or give on commercial rental or offer for sale or for such rental, any copy of the film;
▪ (d) in the case of a cinematograph film,— (i) to make a copy of the film, including— (A) a photograph
of any image forming part thereof; or (B) storing of it in any medium by electronic or other means;(ii) to
sell or give on commercial rental or offer for sale or for such rental, any copy of the film; (iii) to
communicate the film to the public;
▪ (e) in the case of a sound recording,— (i) to make any other sound recording embodying it [including
storing of it in any medium by electronic or other means
▪ (ii) to sell or give on commercial rental or offer for sale or for such rental, any copy of the sound
recording;] (iii) to communicate the sound recording to the public
▪ (d) in the case of a cinematograph film,—
▪ (i) to make a copy of the film, including— (A) a photograph of any image forming part thereof; or
▪ (B) storing of it in any medium by electronic or other means;
▪ [(ii) to sell or give on commercial rental or offer for sale or for such rental, any copy of the film;]
 COPYRIGHTS…
▪ Only for original expressions and not ideas.
▪ Not always for commercial use
▪ The understanding is that a work is original if the author has put his/her mind, skill and labour in the
work with a minimum degree of creativity.
▪ Further, if the work is derived from data contained in pre-existing works, then by ‘selection, co-
ordination or arrangement of such data, the new work should be somewhat different from the
pre-existing ones’.
▪ Copyrights also protect:
Sources Codes
Data Bases
Advertisements
Maps
Technical drawings
Translated copies
 DOCTRINE OF FAIR USE
▪ Subject to certain conditions, a fair deal for research, study, criticism, review, and news reporting, as
well as use of works in libraries and schools and in the legislatures, is permitted without specific
permission of the copyright owners. In order to protect the interests of users, some exemptions have
been prescribed in respect of specific uses of works enjoying copyright.
▪ Some of the exemptions are the uses of the work
for the purpose of research or private study,
for criticism or review,
for reporting current events,
in connection with a judicial proceeding,
performance by an amateur club or society if the performance is given to a non-paying audience, and
the making of sound recordings of literary, dramatic or musical works under certain conditions.
 DURATION OF COPYRIGHTS
As per Duration After the expiry of copyright

WIPO Berne Convention For 50 years after the death of author

Protection of Literary and Artistic
Work, 1886

Indian laws 60 years after the death of author

Goes to public
USA, UK and EU 70 years after the death of author
domain
South Africa, UAE, Saudi Arabia 50 years after the death of author
PRESSURE COOKER - IPRS

“PATENT” For every individual improved

mechanism
“DESIGN” For outer shape & Contour /
Configuration
“TRADE MARK” Brand name or Logo for goods
denoted as ®

“Copy right” For Instruction / manual booklet denoted

as ©

66
 GEOGRAPHICAL
INDICATIONS
▪ WIPO defines Geographical Indication in the following terms:
▪ “A geographical indication (GI) is a sign used on products that have a specific geographical origin and
possess qualities or a reputation that are due to that origin. In order to function as a GI, a sign must
identify a product as originating in a given place. In addition, the qualities, characteristics or reputation of
the product should be essentially due to the place of origin. Since the qualities depend on the geographical
place of production, there is a clear link between the product and its original place of production.”
▪ A geographical indication (GI) is a sign used on products that have a specific geographical origin and
possess qualities or a reputation that are due to that origin.
 GUIDELINES FOR PERMITTING
THE USE OF GEOGRAPHICAL
INDICATION (GI) LOGO AND
TAGLINE
▪ The registration and protection of Geographical Indications is based on sui-generis legislation, Geographical
Indications of Goods (Registration and Protection) Act, 1999.
▪ As per this Act, Geographical Indications refers to an indication which identifies goods as
‘agricultural, natural or manufactured goods (including handicrafts, textiles and processed food items) as
originating, or manufactured in a definite geographical territory, where a given quality, reputation or other
characteristic of such goods is essentially attributable to its geographical origin; in case of manufactured
goods, one of the activities of either production or processing or preparation takes place in such territory,
region or locality. ‘
 EXAMPLES OF INDIAN
GEOGRAPHICAL INDICATIONS
▪

Kashmiri Saffron
Kanchipuram Silk Saree
Alphanso Mango
Nagpur Orange
Kolhapuri Chappal
Bikaneri Bhujia
Agra Petha
Basmati Rice
Darjeeling Tea

The Tagline अतु यभारतक अमू य न ध (Invaluable Treasures of Incredible India)

represents the spirit of Geographical Indications of India, and will assist in
effective branding and promotion of GIs.
 DURATION OF GIS
▪ The registration of a geographical indication is valid for a period of 10 years
▪ It can be renewed from time to time for further period of 10 years each.
▪ If a registered geographical indication is not renewed it is liable to be removed from the register.