Module – 6

Intellectual Property Rights: Meaning and Concepts of

Intellectual Property, Nature and Characteristics of
Intellectual Property, Origin and Development of
Intellectual Property, Kinds of Intellectual Property,
Intellectual Property System in India, IPRs- Invention and
Creativity- Intellectual Property - Importance and
Protection of Intellectual Property Rights (IPRs)- A brief
summary of: Patents, Copyrights, Trademarks, TRIPS and
TRIMS , Industrial Designs - Integrated Circuits-
Geographical Indications - Establishment of WIPO
Application and Procedures.
 Intellectual Property Rights: Meaning

• Intellectual Property Rights (IPR) refer to legal rights that are granted to
individuals or organizations for their creations or inventions that are
products of their intellectual or creative endeavours.
• Creations of the mind, such as inventions, literary and artistic works,
symbols, names, and images used in commerce.
• These rights provide creators and inventors with exclusive control and
protection over their intellectual creations, allowing them to benefit
from their work and prevent others from using or reproducing it

without their permission.

 Concepts of Intellectual Property
1. Intellectual Property Rights (IPR): as other creative expressions. It grants the
Intellectual property rights are the legal creator the exclusive right to reproduce,
rights that creators and inventors have over distribute, and display their work. Copyright
their intellectual and creative works. These protection generally lasts for the lifetime of
rights provide a framework for protecting the creator plus 70 years.
and regulating the use, distribution, and 5. Patents: Patents protect inventions and
commercialization of intellectual property. innovations, giving inventors exclusive rights
2. Exclusive Rights: Intellectual property grants to use, make, and sell their inventions for a
creators and inventors exclusive rights to limited period, typically 20 years from the
control and use their creations for a specified date of filing. In exchange for this protection,
period. This exclusivity typically includes the inventors must disclose their invention to
right to reproduce, distribute, display, the public.
perform, and license their works. 6. Trademarks: Trademarks are symbols,
3. Public Domain: Not all creations are names, or slogans that identify and
protected by intellectual property rights. distinguish goods or services in the
Works in the public domain are those for marketplace. They help consumers recognize
which the protection has expired or which and associate products with a particular
were never eligible for protection in the first brand. Trademark rights can last indefinitely
place. They are freely available for use by as long as they are actively used and
anyone. maintained.
4. Copyright: Copyright is a form of intellectual
property protection that covers original
literary, artistic, and musical works, as well
Nature and Characteristics of Intellectual Property
• Intangible Nature: Intellectual property is intangible, meaning it doesn't have a
physical form. It consists of ideas, concepts, designs, and other creative or
innovative expressions that exist in the mind or as digital representations.
• Exclusive Rights: One of the primary characteristics of IP is the granting of
exclusive rights to the creator or inventor. These rights vary depending on the
type of IP (e.g., copyright, patent, trademark) but generally include the
exclusive right to use, reproduce, distribute, display, and license the protected
work.
• Limited Duration: Most IP rights are not perpetual. They have a limited
duration, which varies by type. For instance, copyright typically lasts for the
lifetime of the creator plus 70 years, while patents are typically valid for 20
years from the date of filing.
• Monopoly Rights: IP rights provide creators with a temporary monopoly over
their creations. This means that others are prohibited from using, reproducing,
or distributing the protected work without the creator's permission during the
term of protection.
• Incentive for Innovation and Creativity: Intellectual property rights serve as
incentives for individuals and organizations to invest time, resources, and effort
into creating new ideas, products, and services. By offering exclusive rights and
the potential for financial gain, IP encourages innovation and creativity.
• Protection of Investment: Intellectual property protection is crucial for
protecting the investments made in research, development, and
creative endeavors. It allows creators and inventors to recover their
costs and generate profits from their work.
• Legal Framework: IP is governed by a complex legal framework that
varies from country to country. Each type of IP (e.g., copyright, patent,
trademark) has its own set of rules and regulations that creators and
inventors must navigate to secure and enforce their rights.
• Public Disclosure: In the case of patents, one of the conditions for
obtaining protection is the requirement to publicly disclose the details
of the invention. This disclosure benefits society by sharing knowledge
and technological advancements.
• Balancing Public Interest: Intellectual property law aims to strike a
balance between protecting the rights of creators and inventors and
promoting the public interest. This is achieved by granting exclusive
rights for a limited time and allowing for exceptions like fair use or
compulsory licensing.
•
Kinds of Intellectual Property Patent Name: “Electromagnetic inductive
suspension and stabilization system for a ground
1. Copyright: Copyright protects original literary, artistic, and vehicle” - Laithwaite
musical works, as well as other creative expressions. This includes
books, music, paintings, sculptures, films, software, and other
forms of artistic and literary works. Copyright grants the creator
exclusive rights to reproduce, distribute, perform, and display
their work for a specific period, typically the lifetime of the
author plus 70 years.
2. Patents: Patents protect new and useful inventions, processes,
machines, and certain types of plants. They grant inventors
exclusive rights to use, make, and sell their inventions for a
limited period, usually 20 years from the date of filing. In
exchange for this protection, inventors must publicly disclose
their invention.
3. Trademarks: Trademarks protect symbols, names, slogans, and
other distinctive marks used to identify and distinguish goods or
services in the marketplace. They help consumers recognize and
associate products or services with a particular brand or
company. Trademarks can be renewed indefinitely as long as they
are actively used and maintained.
4. Trade Secrets: Trade secrets protect confidential and proprietary
information that provides a competitive advantage to a business.
This can include manufacturing processes, customer lists,
business strategies, and other confidential information. Unlike
other forms of intellectual property, trade secrets have no
expiration date and are protected as long as they remain secret.
5. Industrial Designs: Industrial design rights protect the visual
design and aesthetics of products. They ensure that the unique
appearance or design of a product cannot be copied without
permission. Industrial designs are often used to protect the
shape, ornamentation, and overall appearance of products.
• Geographical Indications: Geographical indications
protect products that have specific qualities,
characteristics, or reputation tied to their place of
origin. Examples include Champagne, Swiss watches,
and Parmesan cheese. Geographical indications
ensure that only products originating from a
particular region can use that region's name in
marketing.
• Plant Variety Rights: Plant variety rights protect new
and distinct plant varieties developed through
breeding or genetic manipulation. These rights give
plant breeders exclusive control over the production,
sale, and distribution of these new plant varieties.
• Integrated Circuit Layout Design Rights: These rights
protect the layout designs of integrated circuits, such
as computer chips. They are designed to safeguard
the investments made in the creation and production
of integrated circuits.
• Domain Names: While not traditionally considered a
form of intellectual property, domain names are
crucial for online branding and can be protected
through registration and trademark rights.
• Database Rights: Some jurisdictions provide legal
protection for databases, granting database creators
certain rights over the organization and use of their
 Intellectual Property System in India
• Patents: – India is a party to the Madrid Protocol, which
– The Patents Act, 1970, governs patent protection in facilitates the international registration of
India. trademarks.
– The Indian Patent Office, under the Ministry of• Industrial Designs:
Commerce and Industry, is responsible for granting – Industrial design protection is provided under the
and administering patents. Designs Act, 2000.
– India is a member of the Patent Cooperation Treaty – The Office of the Controller General of Patents,
(PCT), which allows applicants to seek international Designs, and Trademarks administers industrial
patent protection. design registrations.
• Copyrights: • Geographical Indications:
– Copyright protection in India is governed by the – Geographical Indications (GI) protection is governed
Copyright Act, 1957. by the Geographical Indications of Goods
– The Copyright Office, part of the Ministry of (Registration and Protection) Act, 1999.
Information and Broadcasting, administers – The Department for Promotion of Industry and
copyright registrations. Internal Trade oversees GI registrations.
– India is a signatory to the Berne Convention for the• Trade Secrets:
Protection of Literary and Artistic Works, which – Trade secrets are protected under common law
ensures copyright protection for works created by principles, contractual agreements, and by the
nationals of other member countries. principles of unfair competition.
• Trademarks: – There is no specific statute dedicated to trade
– The Trademarks Act, 1999, is the primary legislation secret protection in India.
for trademark protection in India.
– The Office of the Controller General of Patents,
Designs, and Trademarks, under the Department for
Promotion of Industry and Internal Trade, is
responsible for trademark registrations.
 Importance of Intellectual Property Rights
• 1. Boost Business Growth: There are chances of business ideas/strategies being stolen by rival
businesses in order to capture the firm’s market share and decelerate business growth.
Therefore, small and medium enterprises need to protect their exclusive goods and services
because losing out on market share and potential customers can be very harmful to such firms in
the beginning stages. Thus, IPRs help such firms by preserving their ideas.
• 2. Easing the Marketing Process: Intellectual property is an essential tool for creating an identity
for a business. It helps a firm in distinguishing its own products and services in the market from
those of others; thus, encouraging easier reach to the target customers, thereby making the
whole marketing process very seamless.
• 3. Safeguarding Unique Ideas: Many a time people try to copy the creation of others for their
own commercial profit. It becomes essential to protect such ideas and creations from rival
parties to ensure exclusivity and uniqueness in one’s own creation.
• 4. Raising Funds: Any Intellectual Property Right owner is free to monetise and commercialise
his Intellectual Property assets through sale, licensing and use as a guarantee for debt financing.
Intellectual Property Rights can also be used to raise funds through public borrowings, loans, and
government subsidies.
• 5. Enhancing Export Opportunities: A business with registered IPRs can use its brands and
designs to market its goods and services in other markets too. It means that a business with
registered IPRs can tap into franchising agreements with foreign companies or export their
patented products.
 Invention
• "Invention" refers to the act or process of creating something entirely new, often a product, technology.
device, system, or process, that provides a novel solution to a problem or fulfills a specific
need.
• Invention refers to the creation of something novel and useful, typically in the form of a
product, process, or technology that did not exist before. Inventions solve specific problems
or meet particular needs and often result from research and experimentation.
• Here are key features of invention:
1. Novelty: Inventions are characterized by their novelty or uniqueness. They
represent a significant departure from existing solutions or ideas and
introduce a new approach or concept. Inventions can be groundbreaking
innovations or incremental improvements on existing technology.
2. Utility: Inventions are expected to have practical utility. They should serve a
purpose or provide a solution to a real-world problem. In other words,
inventions are designed to be useful and fulfill a particular function.
3. Problem-Solving: Many inventions are born out of the desire to solve a
specific problem or address a need. Inventors identify challenges or
inefficiencies in current processes, technologies, or systems and create
something new to overcome those challenges.
4. Creativity: Inventors often rely on creative thinking and imagination to
come up with new ideas and concepts. Creative insight is a crucial aspect of
the invention process, as it involves connecting seemingly unrelated ideas
or concepts to create something innovative.
5. Intellectual Property: Inventors are often granted intellectual property
rights, such as patents, for their inventions. Patents provide legal protection,
granting inventors exclusive rights to make, use, and sell their inventions for
a specified period (usually 20 years). This protection incentivizes innovation
by allowing inventors to profit from their creations.
6. Diverse Fields: Inventions can span various fields, including technology,
science, engineering, medicine, and more. They can range from significant
technological advancements like the invention of the light bulb or the
internet to smaller innovations like a new kitchen appliance or a software
algorithm.
7. Impact: Successful inventions can have a profound impact on society and
the economy. They can improve quality of life, increase efficiency, drive
economic growth, and open up new possibilities in various industries.
8. Inventors: Inventors are individuals, groups, or organizations responsible for
creating inventions. They may work independently or as part of research
teams, and they play a critical role in advancing human knowledge and
 Creativity
Creativity is the ability to generate new and original ideas, approaches, or
solutions by thinking outside the box. It is the process of turning imaginative
ideas into reality, often involving artistic, conceptual, or innovative thinking.
Key Features of Creativity:
1. Originality: - Creativity involves producing something unique and
different from what already exists, whether it’s an idea, art, or concept.
2. Imagination: - Creativity often stems from a person's ability to imagine
new possibilities and explore unconventional ideas.
3. Innovation: - While not all creativity leads to inventions, it can often
result in innovative approaches to problems or new ways of doing things.
4. Flexibility of Thought: - Creativity requires the ability to think flexibly and
adapt to different perspectives or challenges, coming up with multiple
solutions.
5. Risk-Taking: - Creative individuals often take risks by introducing new
ideas that challenge conventional norms or established ways of thinking.
 Patents
• Patents:
A patent for an invention is granted by government to the inventor, giving the inventor
the right to stop others, for a limited period, from making, using or selling the invention
without their permission.
As per Trade Related Intellectual Property Rights (TRIPS), Article 33, the periods of
patent is 20 years from the date of filing of the application for a patent. At the end of
patent period, the government publishes the invention and it becomes part of the public
domain.
Characteristics of Patent:
 Invention must be “NEW”
 An invention must involved an “Invention Steps”
 Invention must be having “Industrial Application”
 Invention must not be excluded
Objectives of Patent:
 To provide protection of creativity of creators
 To promotes the creativity of creators
 To accelerate the technological and industrial development of the countries
 To provide the exclusive right to invention and affords protection against
unauthorized use of invention by third parties
 Copyright
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.
• The unique creations including websites, computer software, musical lyrics, art, literature, poetry,
graphic designs, musical compositions, novels, original architectural design, films, etc. Further, a
copyright is a safeguard which protects an original work from getting duplicated.
Features:
 Copyright is divisible
 Copyright is also transferable
 Copyright is an intangible property
 Copyright restricts unauthorized use of any sort of work
 Copyright can be sued
 Copyright creates financial benefits
Objectives of Copyright:
 Its main objective is to encourage the authors, music composers, singers to create their original piece of
works by granting them exclusive rights
 To stop the misuse of copyrights
 It helps in protecting the rights of the person who holds the copyright
 The copyright holder is give both the civil remedies and the criminal remedies in case of infringement
 The copyright protection is given for a longer period of time
 Trademark
Trademark:
• A trademark can be any word, phrase, symbol, design, or a combination of
these things that identifies your goods or services. It’s how customers
recognize you in the marketplace and distinguish you from your competitors.
• A trademark is a type of intellectual property consisting of a recognizable
sign, design, or expression that identifies products or services from a
particular source and distinguishes them from others. The trademark owner
can be an individual, business organization, or any legal entity. A trademark
may be located on a package, a label, a voucher, or on the product itself.
Features of Trademark:
 Distinctive and Descriptive
 Preferably be an invented word
 Easy to pronounce and remember
 Easy to spell and write legibly
 Short
 Appeal to eyes as well as ear
 Satisfy the requirement of registration
 Geographical indications
• Geographical indications:
A geographical indication (GI) is a name or sign used on products
which corresponds to a specific geographical location or origin (e.g., a
town, region, or country). The use of a geographical indication, as an
indication of the product's source, is intended as a certification that the
product possesses certain qualities, is made according to traditional
methods, or enjoys a good reputation due to its geographical origin.
Features:
 Collective community rights protects group of producers
 Exclusive ( no individual right )
 No right to assign increase scope of protection
 Right in perpetuity remains with the community
 Knowledge underlying GI remains in the public domain
 Protects goods that are already famous- reputation must pre exist
 Functions like a trademark
 INDUSTRIAL DESIGNS
• Definition: Industrial design refers to the– The visual features of a car's exterior,
aesthetic and functional aspects of a such as its headlights and grille.
product's design. It focuses on the visual– The design of a bottle or container,
appearance, shape, ornamentation, and including its logo, label, and shape.
other design elements that make a– The ornamental aspects of clothing,
product visually appealing and distinctive. including patterns and ornamentation.
• Objectives :The purpose of industrial
design is to create products that are not
only visually attractive but also user-
Key Features of Industrial
friendly and ergonomic. It aims to enhance Design:
the overall consumer experience and – Aesthetic and Visual Appeal
distinguish products from competitors. – Functionality and Usability:
• Examples: Industrial design can be applied – Mass Production
to a wide range of products, including – Protection of Design Rights
consumer electronics, furniture, fashion – Design Registration
items, packaging. – Novelty and Originality
– The unique shape and appearance of a
Smartphone or tablet.
– The design of a chair, including its
backrest, armrests, and legs.
 INTEGRATED CIRCUITS
• Definition: Integrated circuits (ICs), also known as microchips or chips, are electronic components that
consist of multiple interconnected electronic devices and components on a single semiconductor
substrate.
• Function: Integrated circuits are the fundamental building blocks of modern electronic devices. They
perform various functions, such as processing data, amplifying signals, and controlling electronic
systems.
• Key Features of Integrated Circuits:
• 1. Miniaturization: - ICs enable the integration of millions of electronic components onto a single chip,
which significantly reduces the size of electronic devices
• 2. High Performance: - Integrated circuits offer faster operation speeds due to the close proximity of
their components and reduced signal travel time between components. This results in improved
performance and faster processing.
• [Link] Efficiency: - Mass production of ICs makes them highly cost-effective. Once designed, they can
be produced in large quantities at relatively low costs, contributing to the affordability of electronic
devices.
• 4. Low Power Consumption: - ICs consume significantly less power compared to traditional circuits with
discrete components. The compactness of ICs reduces the power required to drive the components.
• 5. Reliability and Durability: - The use of ICs increases the reliability of electronic devices as they are
less prone to failure compared to systems with discrete components. ICs are also more durable as they
are encased in protective materials.
• 6. High Complexity in a Small Size: - ICs can incorporate an enormous amount of complexity within a
small area. A single IC can have millions or even billions of transistors, allowing them to execute a wide
variety of tasks.
 TRIPS (Trade-Related Aspects of Intellectual Property Rights):
• TRIPS (Trade-Related Aspects of Intellectual Property Rights) is an
international legal agreement between all member nations of the
World Trade Organization (WTO), established in 1995. It sets
minimum standards for the regulation of various forms of intellectual
property (IP) as they relate to international trade.
Key Aspects of TRIPS:
• IP Rights Coverage:
– TRIPS covers patents, copyrights, trademarks, geographical indications,
industrial designs, trade secrets, and layout designs of integrated circuits.
• Harmonization of Standards:
– It establishes minimum standards for protecting IP rights that all WTO
member countries must follow, ensuring more uniform protection and
enforcement of intellectual property globally.
• Enforcement:
– TRIPS provides guidelines on how IP rights should be enforced in member
countries, both at national borders and through their judicial systems. This
includes remedies like injunctions, damages, and penalties for IP
infringement.
 TRIPS (Trade-Related Aspects of Intellectual Property Rights):
• Balancing Rights:
 While it ensures stronger IP protection, TRIPS also provides
for exceptions and flexibilities, particularly for developing
countries, to promote access to essential goods such as
medicines.
• Dispute Resolution:
 TRIPS disputes between countries can be brought before the
WTO Dispute Settlement Body for resolution.
• Technology Transfer:
 It encourages the transfer of technology to developing
countries, aiming to foster innovation and economic
development.
 TRIMS (Trade-Related Investment Measures)
• TRIMS, or Trade-Related Investment Measures, are a set of rules under the
World Trade Organization (WTO) that govern the investment measures
countries can impose on foreign companies. These measures relate to how
countries regulate foreign investments in ways that might affect trade. TRIMS
are designed to avoid investment policies that distort or restrict international
trade.
key features of TRIMS:
• Regulation of Investment Measures: Ensures investment policies don’t distort
or restrict trade in goods.
• Prohibition of Trade-Restrictive Measures: RIMS prohibits investment
measures that specifically favor domestic goods over foreign goods.
• National Treatment and Non-Discrimination: Requires equal treatment of
foreign and domestic companies.
• Focus on Goods Trade: Applies only to measures affecting trade in goods, not
services.
• Transparency and Notification: Countries must notify WTO of non-compliant
measures and work to eliminate them.
• Dispute Settlement: Provides a mechanism to resolve disputes through the
WTO’s Dispute Settlement Body.
 (WIPO) World Intellectual Property Organization
• The World Intellectual Property Organization (WIPO) is a specialized agency of the United Nations,
established in 1967 and headquartered in Geneva, Switzerland. WIPO is dedicated to promoting and
protecting intellectual property (IP) rights on a global scale. Intellectual property refers to creations of
the mind, such as inventions, literary and artistic works, symbols, names, and images used in
commerce.
• WIPO serves as a central hub for international cooperation in the field of intellectual property. Its
primary objectives and functions include:
1. Promoting IP Protection: WIPO encourages the protection of intellectual property rights by providing a framework
for international cooperation and setting global standards for IP protection.
2. Administering International IP Treaties: WIPO administers a range of international treaties and conventions related
to intellectual property, such as the Paris Convention for the Protection of Industrial Property and the Berne
Convention for the Protection of Literary and Artistic Works. These treaties establish minimum standards for IP
protection and facilitate the recognition of IP rights across member countries.
3. Facilitating International IP Filings: WIPO offers various systems for filing international applications for patents,
trademarks, industrial designs, and other IP rights. These systems simplify the process of seeking IP protection in
multiple countries.
4. Providing IP Services: WIPO offers dispute resolution services, technical assistance, capacity-building programs, and
education and training in the field of intellectual property. These services support member states in developing
effective IP systems and enforcing IP rights.
5. Collecting and Disseminating IP Information: WIPO maintains databases and provides access to IP-related
information, statistics, and research. It serves as a valuable resource for researchers, policymakers, and businesses
seeking information on IP matters.
6. Promoting Innovation and Creativity: WIPO supports innovation and creativity by fostering an environment in
which IP rights are protected and respected. It works to strike a balance between the interests of creators and the
public.
7. Global IP Policy Development: WIPO conducts research, analysis, and policy development on emerging IP issues,
contributing to the evolution of IP law and practice on a global scale.
 The World Intellectual Property Organization (WIPO) application and procedures

1. Filing IP Applications: WIPO provides a centralized platform for filing international applications for Convention and the Berne Convention, which establish minimum standards for IP protection and

various types of IP rights, including patents, trademarks, industrial designs, and copyrights. promote the recognition of IP rights across member countries.

Applicants can choose to file directly with WIPO or through their national IP offices.

2. Patent Cooperation Treaty (PCT): For patents, WIPO administers the PCT, which allows applicants

to file a single international patent application that can be recognized in multiple member

countries. This simplifies the process of seeking patent protection worldwide.

3. Madrid System: WIPO manages the Madrid System for the International Registration of Marks.

Under this system, trademark owners can file a single international application to protect their

trademarks in multiple member countries, streamlining the trademark registration process.

4. Hague System: The Hague System for the International Registration of Industrial Designs,

administered by WIPO, allows designers to protect their industrial designs in multiple countries

through a single application. This simplifies the process of registering industrial designs

internationally.

5. Copyright and Related Rights: WIPO supports the protection of copyright and related rights

through various treaties and initiatives. It provides a framework for international copyright

cooperation and helps member states harmonize their copyright laws.

6. Global IP Databases: WIPO maintains a range of databases and search tools, such as the

PatentScope database, Madrid Monitor, and Global Brand Database, to help users access IP-related

information, conduct searches, and monitor IP rights.

7. Dispute Resolution: WIPO offers dispute resolution services, including arbitration and mediation,

to assist parties in resolving IP disputes without going to court. These services can save time and

costs for all parties involved.

8. Technical Assistance and Capacity Building: WIPO provides technical assistance and capacity-

building programs to help member states strengthen their IP systems, enhance enforcement

capabilities, and promote innovation and creativity.

9. Information and Research: WIPO publishes reports, studies, and statistical data related to global

IP trends and developments. It serves as a valuable resource for researchers, policymakers, and

businesses seeking IP-related information.

10. International IP Treaties: WIPO administers several international IP treaties, such as the Paris