Intellectual Property Rights (IPR)

If you don’t see a problem with this question,

you need this class!

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 What is meant by IPRs?

Intellectual Property (IP) is any creations of human mind.

Like tangible property, their creation has a value and, as with
all property, it needs to be protected.

Intellectual Property Rights (IPR) gives them this

protection,
as well as helping them exploit and control their IP.
“The exclusive right granted by State, to prevent others from
using, manufacturing, distributing - inventions, processes,
applications, new and original designs, trademarks, new
plant varieties, data bases and artistic and literary works”.
Such a person is known as ‘rights owner’ or ‘rights holder’.
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 Nature of Intellectual Property Rights

• IPRs has become an issue of wide and serious discussion with the
formation of the General Agreement on Trade Related Aspects of
Intellectual Property Rights (TRIPS) under Uruguay Round
agreement of he GATT (now the World Trade Organisation).
• Intellectual property system is duration specific.
• It does not provide perpetual and absolute monopoly over the
property.

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 Types of IPRs
Intellectual Property

Industrial Property Copyrights and related rights

Industrial Patents Trademarks Trade Secrets Geographical Layout Designs of Plant varieties &
Designs Service marks Indications Semi Conductor ICs Farmer’s rights

® ©
™
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 IPR
• Industrial Designs: Design deals with features, shapes, patterns, etc., applied to an
article by an industrial process, manual or mechanical. Eg., chair is a utility item.
However, chair itself does not qualify for IPR, but its special carvings, embossing
etc., is done which increases the value of chair though it’s utility remains same, it
becomes eligible for IPR under Designs Act. Designs can be registered based on its
originality, henceforth they can use ® or registered, with registration number.

• Patents: Is a monopoly right granted to a person, who invented a new product or

process of making an article, for 20years under the Indian Patens Act, 1970, and
can be renewed after expiration of period. The inventor has to file for patent first,
and then make his/ her invention to public. A patent has to be applied in each
country by the inventor, to claim his rights in that country. Eg: A group of scientists
working on new drug development in Himalaya Drugs for some salary. The patent
of the drug developed is given to Himalaya Drugs, but not to the scientists. The
drug may have many patents like composition, process, and product etc.

• Trademarks: Trademark can be a word, name, brand, symbol, label etc., used by a
company to create a unique identity for their product. Trademark can be registered,
and then use ™ ®. The registration validity is for 7 years and renewable after
expiry. In India, it is governed by the Trade and Merchandise Marks Act, 1958,
which came into force on 25th Nov., 1959.

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• Trade Secrets: Trade secret is any intellectual work or product used for a
business purpose that can be classified as belonging to that business
provided it is not based on information in public domain.

• Geographical Indication: This is an indication, that originates from a

definite geographical area, which is used to identify natural or
manufactured product. For eg., Gadwal/ Pochampally Sarees, Nirmal
paintings, Kolhapuri Chappals, Solapur Chaddar etc., qualify for
registration under this category. It is valid for 10 years. The application for
registration can be an association of persons, organization or by producers.

• Copyright: It is a negative right which prevents the appropriation of the

fruits of man’s work, labour or skill by another person. Copyright is an
exclusive legal right to reproduce an original work of authorship fixed in
any tangible medium of expression, to prepare derivative works based on
original work, and to perform or display the work in the case of dramatic,
music, choreographic and sculptural works.

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 INDUSTRIAL DESIGNS
• The laws governing designs are the Designs Act of 2000
and the Designs Rules of 2001. In India designs are defined
as follows:
• ‘A design refers to the features of shape, configuration,
pattern, ornamentation or composition of lines or colors
applied to any article, in two or three dimensional (or both)
forms’. (Design Office, Kolkata: Guidelines for
Registration)
• Designs are valid for a maximum of ten years, renewable
for a further five years.
• The ‘right of priority’ for previous filings of designs
overseas requires filing in India within six months of an
overseas filing.

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 PATENTS
• Designed by Thomas Jefferson in 1790 to provide a brief legal monopoly
to give the inventor an opportunity to get the invention into the market
and recoup development costs before competitors entered the market.
• Patent is a monopoly right granted by law for the exclusive use of an
intellectual property to one or more individuals. The instrument by
which such grant is made is known as ‘Patent’. The patent to whom a
patent is granted is called the ‘Patentee’.
• Section 2(m) of the Indian Patents Act, 1970 defines Patent as – “Patent”
means ‘a new product or process involving an inventive step and
capable of industrial application’. Act lays down:
a. Grant of revocation of patents, b. Items not patentable, c. Product
patent,
d. Patent period, e. Rights and obligations of patentee, f. Working of the
patent, g. Compulsory licensing and h. Exceptions (inclu. Rights of Govt.)
• After the expiry of the period for which exclusive right is granted to the
inventor (20 years in India from the date of application), the invention
can be put to use by any person other than the one to whom a patent has
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been granted.
 Types of Patents
• Utility Patent: Whoever invents or discovers any new and useful
process, machine, manufacture, or composition of matter, or any
new and useful improvement thereof, may obtain a patent therefore,
subject to the conditions and requirements of this title. (35 U.S.C. §
101) E.g: (functional) toys, coatings, tools, machines, good for 20
years
• Plant Patent: Whoever invents or and asexually
discovers
reproduces any distinct and new variety of plant, including
cultivated spores, mutants, hybrids, and newly found seedlings,
other than a tuber propagated plant or a plant found in an
uncultivated state. . . (35 U.S.C. § 161)
– No bacteria or similar single-cell organisms need apply!
• Design Patent: Whoever invents any new, original, and ornamental
design for an article of manufacture may obtain a patent. (35 U.S.C.
§ 171). E.g: (non-functional) a decoration, apparel, jewellery
• Can easily be designed around...no functionality to protect
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 Patents PROTECT Inventions
You need a patent if:
• You have invented a product you want to market yourself or
sell to a manufacturer.
• You believe someone else could sell the product by copying
your inventions.

Patent application must include:

 In-depth description of invention.
 Drawing of invention.
 Completed “Declaration for Patent Application.”
 Notarized statement from inventor.
 Filing fee to Patent & Trademark Office.

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 Pathway to a Patent
• File a Disclosure Document (Disclosure Statement)
– Establishes date of conception of idea (who has the rights?)
– Get a two year grace period

• File a Provisional Patent Application

– Protect your ideas while talking to manufacturers/potential funders
– Can use the term “patent pending” on the invention
– Only good for 12 months...then must file non-provisional
application

• File Non-Provisional Patent Application

– File complete description with the PTO (Patent & Trademark Office)
– “patent applied for” good for two years’ of protection
– Denials allow an appeal process

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Trade Marks

Name

Logotype

Symbol

Slogan

Shape

Color

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 TRADE MARKS

 Trade Marks Act, 1999 defines TM as 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.
 Mark includes “Device, brand, heading, label, ticket, name, signature, word,
letter, numeral, shape of goods, packaging, combination of colours, and any
combination thereof.”
 Brand refers to a name, term, sign, symbol, or design, or a combination of
them, intended to identify the goods or services of one seller or group of sellers
and to differentiate them from those of competitors. E.g. McDonald for
restaurants, Cycle brand agarbattis, etc.
 Brand Name is that part of a brand which can be vocalized-the utterable.
 Brand Mark is that part of a brand which can be recognised but is not a
utterable, such as symbol, design or distinctive colouring or lettering.

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 TRADE MARKS REGISTRATION
• Trademark and Service mark are used before registration.
• Registration of a trade mark is not a compulsory requirement of the
law. The Controller-General of Patents, Designs and Trade Marks
Act, appointed by the central government is the Registrar of Trade
Marks. A Register of Trade Marks shall be kept in offices, Regd.
Trade Marks details shall be entered into the register.
• Once Trade Mark is accepted, allotted should advertise it in
prescribed manner.
• The registration of a trade mark, if valid, gives its proprietor the
exclusive right to the use of the trade mark in relation to the goods
or services in respect of which the trade mark is registered and to
obtain relief in respect of infringement of the trade mark.
• A trademark registration is for 10 years from the date of registration
and can be renewed every 10 years consecutively. Failure to renew
is removal of the trade mark from register.

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 Trademarks & Service Marks

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Trademark Infringement, Counterfeiting and Dilution
• Infringement - A mark that is likely to cause confusion with a
trademark already existing in the marketplace
• Counterfeiting - The deliberate copying of a mark
• Dilution - The value of the mark is substantially reduced
through competition or through the likelihood of confusion
from another mark
• Offences include falsifying and falsely applying trademarks,
trade description are punishable by imprisonment and fine.

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 Trade Secrets
• A trade secret consists of
– a formula, device, idea, process, pattern, or compilation of
information that gives the owner a competitive advantage
in the marketplace,
– a novel idea that is not common knowledge and is kept in a
confidential state.
• A trade secret is not protected by federal law
• Can only be protected through employment contracts and/or
maintaining tight security
• Recipes, ingredients, codes, manufacturing costs

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 COPYRIGHT
• Copyright is a monopoly right restraining others from exercising that right
which has been conferred on the owner of copyright.
• It is a negative right meaning thereby that it is prohibitory in nature. It is a
right to prevent others from copying or reproducing the work.
• The object of copyright is to encourage authors, composers and artists to
create original works by rewarding them the exclusive right for a specific
period to reproduce the works for publishing and selling them to the public.
The moral basis of copyright law rests in the eighth commandment “Thou
shall not steal”.
• Copyright is not a single right. It is a bundle of rights in the same work. For
e,g. in the case of a literary work, copyright consists of reproduction in
print media, the right of dramatic and cinematographic versions, the right
of translation, adaptation, abridgement and the right of public performance.
• Copyright consists not merely of the right of reproduction. It also consists
of right to works derived from the original work, rights like the right of
public performance, the recording right and the broadcasting right. Such
related rights are called “neighbouring rights”.

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