Intellectual Property Law

Raniyal Niyada
● Introductory Aspects: Overview of the concept of property; Industrial property and non- industrial
property; Historical background of I P R ; Importance of human creativity in present scenario;
Different forms of Intellectual Property and its conceptual analysis. Patents: Introduction and
overview of patent protection; History of Patent protections; Meaning and definition of patent;
Object of patent; Scope and salient features of Patent Act; How to obtain a patent; Product patent
and Process patent; Specification - Provisional and complete specification; Opposition proceedings to
grant of patents; Register of patents and Patent Office; Rights and obligations of patentee; Transfer of
Patent Rights; Compulsory licences; Government use of inventions; Revocation and surrender of
patents; Infringement of Patents; Offences and Penalties.

● Trade Marks: Introduction and overview of trade mark; Evolution of trade mark law; Meaning and
definition of Trade mark; Object of trade mark; Features of good trade mark; Different forms of trade
mark; Trademarks registry and register of trademarks; Property in a trade mark; Registrable and non-
registrable marks; Basic principles of registration of trade mark; Deceptive similarity; Assignment and
transmission; Rectification of register; Infringement of trade mark; Passing off; Domain name
protection and registration; Offences and penalties.
● Introduction and overview of Cyber Intellectual Property; Intellectual property and
cyberspace; Emergence of cyber crime; Grant in software patent and Copyright in software;
Software piracy; Trade marks issues related to Internet (Domain name); Data protection in
cyberspace; E - commerce and E - contract; Salient features of Information Technology Act;
I P R provisions in I T Act; Internet policy of Government of India

● Geographical Indications: Introduction and overview of geographical indications; Meaning

and scope of geographical indications; Important geographical indications of India and their
features; Salient features of the Protection of Geographical Indications Act; Protection of
geographical indications; Misleading use of geographical indications; Registration of
geographical indications; Right to use geographical indications; Infringement; Remedies
against infringement; Role and functions of Registrar of Geographical indications; Conflict
between Trade mark and geographical indications.
● International Convention and Treaties: Paris Convention: Background; Salient features of Paris
Convention; Governing rules of Paris Convention; Patent Cooperation Treaty: Background; Objectives of
P C T ; Salient features of P C T ; Madrid Convention: Salient features; International registration of marks;
World Intellectual Property Organisation: Background; Salient features WIPO; Organisation of WIPO.
MODULE I
 ● Introductory Aspects: Overview of the
concept of property
● Industrial property and non- industrial
MODULE I ●
property
Historical background of I P R
● Importance of human creativity in
PART I present scenario
● Different forms of Intellectual Property
and its conceptual analysis.
Intellectual Property
● World Intellectual Property Organisation ( W I P O ) defined I P as

“Intellectual property (I P) refers to creations of the mind, such

as inventions; literary and artistic works; designs; and symbols,
names and images used in commerce.”

● Intellectual Property Law: A law that permits or enables the

creation of property out of the human intellect.
● Intellectual Property Regime creates a protection to the innovation/
artistic/ creative work of someone
Intellectual Property- Nature
● Umbrella Term
● Intangible Property
● Creates Monopoly
● Monopoly is Limited
● Negative Rights
● Exclusivity
● Created by State- unlike Human Rights
● Territorial in Nature
Intellectual Property- Nature
● Usually protects Novel/ new/ Original
● Exhaustion
● Exceptions
● Does not allow propertisation of fundamental Building blocks
● Idea/ Expression Dichotomy- Expression of an Idea is protect and not the idea
itself. [Link] v. Delux Films( 1978)
● Mostly Economic in nature - Key economic resource of future
Concept of Property Under I P
● subject matter of intellectual property are typically characterized as non-
rivalrous public goods- easily replicated and that enjoyment of them by one
person does not prevent enjoyment of them by other persons
● Intellect or Knowledge - its expression- protected- Knowledge centric regime
● Rights as Property
● Subject matter – is knowledge
Purpose of Intellectual Property Rights
● Incentive to innovate
■ Preventing unauthorised Copying/ use
■ Creating temporary monopoly - economic exploitation and edge in market
■ Reward/ prize
● Progress of Science and technology- dissemination of Knowledge
● Arts, culture and literature
● Development of society
Reasons for Growth of I P
● Emergence of New technology - enabling dissemination of knowledge/
Information
● In advanced industrial Era- shift from capital and labour economy to knowledge
based economy.
● Information technology revolutions- speed and intensity of innovation increased.
The Devil’s Argument
● Argument 1: Individuals should benefit from their Individual endeavor-
Monopoly power( limiting public access)

● Argument 2: These endeavors has extreme public work and there is a social
interest in relatively free dissemination - free flow of information

➢ A n ideal I P R regime- a balance of these two.

 Strong I P V . Weak I P
STRONG IP WEAK IP

● Social progress in technological era - ● Access to previous knowledge is

is connected with creation and important to innovate
protection of I P ● Developing and least developed
● Promotes confidence in investors in countries - lack of proper
R&D infrastructure to enable technology
● Incentive to Innovate- industrial and transfer
economic development ● Inability to pay the extra cost
associated with I P - Pharma.
Philosophy
● Lockean Natural Right Based theory- Labour Theory- Product of my labour my
property- not from Vacuum
● Hegel- Personality Theory - I P reflects the personality of the author/inventor-
hence her property.
● Incentive theory
● Reward theory- John Stuart Mill
● Schumpeterian Theory of creative destruction
Brief History of I P
● 6th century B C E , from Sybaris in Ancient Greece- granted a yearlong
exclusivity for bakers to make their culinary invention.
● first regularized patent system- Guild System in Venice - allowing people
outside the guild to the privilege of being able to sell products and practice
methods that were otherwise within the sole province of the guilds.
■ In 1173, the Venetian Republic passed legislation to formalize
■ To empower independent inventors
● 1331, the English Crown granted patents to the first importers of artisanal
practices and goods not available in England- but eventually corrupted- Court’s
favourite- even when its available already
● Statute of Monopolies 1623- The statute banned all monopoly grants except
for those to the “true and first inventor” of “new manufactures within the
realm”.
● Statute of Anne 1709- First copyright Law
■ granted publishers of books legal protection for 14 years
● A monopoly by the British was not granted to sell playing cards due to
obviousness.
● The first English patent was granted for a period of 20 year to John of Utynam
on making stained glass.
International Framework
● International Exhibition of Inventions in Vienna, Austria in 1873- foreign
exhibitors refused refused to participate. Demanded an intellectual protection of
their creations so that the ideas are well protected.
■ Paris convention in 1883- international treaty helped people of one
country to protect their creations in another country, provided the
other country is also a member of the convention.
■ Inventions (patents) | Trademarks | Industrial designs
● Bern Convention 1886- a campaign by French writer Victor Hugo and his
Association Littéraire et Artistique Internationale
● aim is to give creators the right to control and receive payment for their
creative works on an international level.
● Covered: novels, short stories, poems, plays; songs, operas, musicals, sonatas;
and drawings, paintings, sculptures, architectural works.
➔ 1893, in order to carry out the administrative tasks, an international
organization called United International Bureaux for the Protection of
Intellectual Property ( B I R P I ) was established in Berne, Switzerland.
● 1891 – Madrid Agreement- the first international I P filing service is launched: the
Madrid System for the international registration of marks.
● General Agreement on Tariffs and Trade ( G A T T ) , signed on October 30,
1947
● 1970- World Intellectual Property Organisation
● 1995- Trade Related Aspects of Intellectual Property ( T R I P S )
MAIN FORMS OF I P
● Patent:
■ 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
■ Typically for 20 years
MAIN FORMS OF I P
● Copyright
■ A n exclusive right granted to creators of 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.
■ Typically life of the author+60 years
MAIN FORMS OF I P
● Trademark:
■ a sign capable of distinguishing the goods or services of one enterprise
from those of other enterprises.
■ 10 years but can be renewed
MAIN FORMS OF I P
● Geographical Indicators:
■ A n indicator that denotes a specific geographical origin and possess
qualities or a reputation that are due to that origin.
■ the qualities, characteristics or reputation of the product should be
essentially due to the place of origin.
■ clear link between the product and its original place of production
■ Community/ group I P
MAIN FORMS OF I P
● Plant Variety Protection and Farmers’ Rights
■ Breeder of a Variety: Protection to new/ extant or farmers variety of
Plant
■ Farmers’ Rights
■ Community I P
■ Sui Generis System
MAIN FORMS OF I P
● Designs Act
■ features of shape, pattern, configuration, ornament or composition of
colors or lines which is applied in three dimensional or two
dimensional or in both the forms using any of the process whether
manual, chemical, mechanical, separate or combined which in the
finished article appeal to or judged wholly by the eye.
● Tradesecrets
T H A N K YOU