MODULE -I
1.1 GENERAL PRINCIPLES OF
INTELLECTUAL PROPERTY RIGHTS
Statutory Rights
CONCEPT Creation of
for Limited
Period of Time
OF Human Mind
for disclosing
the Invention
INTELLECT
UAL
PROPERTY
Fruits of Incentive for
Creativity Innovation
UNDERSTANDING PROPERTY: A PRECURSOR
TO IPR
Traditionally includes
Property refers to anything
tangible assets (land, goods)
that can be owned, Types of Property
and intangible assets (ideas,
controlled, and transferred.
creations).
Real and Intellectual
Movable and Immovable Tangible and Intangible
Property
Characteristics of Property
• Excludability: Right to exclude
others.
• Transferability: Can be bought, sold,
or licensed.
• Legal Recognition: Protected under
law.
WHAT IS INTELLECTUAL
PROPERTY?
• IP results from the application by someone using their mind or
intellect to create something new.
• IP can exists exist in various forms, for example: IP can be an
invention, a trademark, book, film, trade secret or artistic design
• Fruits of creativity or it is an incentive given to the inventor by the
government for a limited period of time.
• Purpose:
• To incentivize innovation by rewarding creators.
• To protect commercial value of original ideas.
• To ensure public access after the protection period ends.
NATURE OF INTELLECTUAL PROPERTY
• Through history, we can see that the
concept of intellectual property is not
new at all.
• Thomas Alva Edison, who contributed
thousands of inventions, thousands of
patents to the knowledge.
• And, we can find his some of the
inventions, which are still relevant
especially in the case of lights and other
machineries.
• The purpose is very simple of intellectual
property law. It is actually a reward or an
incentive to the author. It is an incentive
to the sweat of the inventor to do more
and more innovations in the future.
• It is a simulation to the artist; it is an
incentive to the writer or the author.
INTRODUCTION TO HISTORY OF IPR
• Intellectual Property Rights have ancient roots in protecting creativity and innovation.
• Formal legal frameworks emerged in Renaissance Europe, especially for patents and
copyrights.
• Evolution shaped by economic needs, technological change, and international cooperation.
• 1331: First recorded patent granted by King Edward III to John Kemp (weaving innovation).
• Patents evolved into tools for revenue, sparking controversy during Queen Elizabeth I's reign.
• Statute of Monopolies (1624): Limited royal patent powers; laid foundation of modern
patent law.
• 15th century: Printing press revolution led to control over book
distribution.
• Stationers’ Company (1556): Monopolised printing to suppress
Protestant ideas.
• Statute of Anne (1710): First copyright law recognising authors'
rights; 14-year term (renewable).
TRADEMARKS & INTERNATIONAL TREATIES
• Medieval Europe: Guild marks used to certify product origin/quality.
• Modern laws: France (1857), UK (1862), US Lanham Act (1946).
• Key Treaties:
• Paris Convention (1883) – patents, industrial designs.
• Berne Convention (1886) – copyrights.
• Madrid Agreement (1891) – trademark registration system.
• WIPO Formation (1967) – global IPR coordination.
ANCIENT & COLONIAL INDIA – IPR
ROOTS
• Ancient India: Arthashastra mentions respect for knowledge & innovations.
• Colonial period: British introduced formal laws aligned with English models:
• Patents: First Indian patent law in 1856, revised in 1859, major Act in 1911.
• Copyrights: Began in 1847, reformed in 1914.
• Trademarks: First law in 1940 (based on UK law).
• Patents Act, 1970: Based on Ayyangar Committee; excluded pharma products initially.
• Amendments (1999, 2002, 2005): Aligned with TRIPS; introduced product patents.
• Copyright Act, 1957: Updated in 2012 to include digital rights & performer rights.
• Trade Marks Act, 1999: Enabled service marks, well-known mark protection.
• GI Act, 1999: Protected products like Darjeeling Tea, Basmati Rice.
POST-INDEPENDENCE
DEVELOPMENTS:
After 1947, India restructured its IPR laws to align with:
• Domestic socio-economic priorities
• Selective adherence to international norms
• Emphasis on IPR as a tool for:
• Public welfare
• National self-reliance
• Economic development
THE PATENTS ACT, 1970 – A
NATIONALISTIC APPROACH
• Based on Ayyangar Committee recommendations
• Replaced Patents and Designs Act, 1911
• Aimed to boost domestic pharma sector and ensure drug affordability
• Key features:
• No product patents in pharmaceuticals & agro-sector
• Allowed only process patents (for limited duration)
• Introduced compulsory licensing in public interest
• Excluded critical sectors to ensure public access & self-reliance
THE COPYRIGHT ACT, 1957 – TOWARD A
DIGITAL-READY FRAMEWORK
• Replaced Copyright Act, 1914
• Comprehensive protection for literary, artistic, musical works
• Responded to the rise of creative industries
• Modernized through amendments:
• Tackled digital piracy
• Addressed technological advancements
• Reinforced India’s stance in digital copyright protection
TRADE MARKS ACT, 1999 – GLOBAL STANDARDS FOR BRAND
PROTECTION
Post-independence need to modernize outdated trademark laws
• Trade and Merchandise Marks Act, 1958 replaced the 1870 Act
• Introduced a structured system for trademark registration in India
• Established the Trade Marks Registry for managing applications
• Laid foundation for the modern trademark regime
• Later, Replaced Trade Marks Act, 1940 AND 1958 Act (The Trade and Merchandise Marks Act, 1958)
• Complied with TRIPS Agreement (WTO) obligations
• Key features:
• Multi-class applications for broad coverage
• Efficient, transparent opposition process
• Protection of well-known trademarks
• Clear enforcement and anti-counterfeiting provisions
• Strengthened India’s position in the global IPR landscape
• Economic Liberalization & Digital Markets
• Growing need for stronger IP protections post-1990s
• Challenges from e-commerce, digital marketing, and online
infringement
• Response:
• Trademark Rules, 2017
• Enabled e-filing, speeding up the registration process
• Clarified procedures (e.g., divisional applications)
• Made IP processes more accessible for all businesses
GI ACT, 1999 – PROTECTING TRADITIONAL
KNOWLEDGE & HERITAGE
• Geographical Indications of Goods Act, 1999 – a milestone in IPR legislation
• Enabled registration & protection of region-specific products
• Examples:
• Darjeeling Tea, Kanchipuram Silk, Banarasi Sarees, etc.
• Key Objectives:
• Preserve regional identity and cultural heritage
• Prevent misappropriation of traditional knowledge
• Boost economic value of indigenous products
• Reinforced India’s commitment to a balanced and inclusive IPR regime
• Strengthened India’s role in the global IPR landscape
KEY INTERNATIONAL TREATIES GOVERNING IPR IN INDIA
1. Paris Convention (1883)
• Protects patents, trademarks, industrial designs
• Ensures "national treatment" for foreign applicants
• Introduced right of priority
• India joined in 1998
2. Berne Convention (1886)
• Protects literary, musical, artistic works
• Automatic copyright protection – no registration required
• India a member since 1928
• Reflected in Copyright Act, 1957
Simplifying Global Registrations
3. Madrid Protocol (1989)
• Allows single application for trademark protection in multiple countries
• Reduces costs & complexity
• India joined in 2013
4. Hague Agreement (1925)
• Enables single application for international design registration
• Supports fashion, consumer goods, and industrial sectors
• India joined in 2019
5. Patent Cooperation Treaty (1970)
• Centralized filing & examination for global patent protection
• Reduces duplication & costs
• India joined in 1998
TRIPS & DIGITAL-AGE PROTECTION
6. TRIPS Agreement (1994)
• WTO-administered treaty for minimum IP standards
• Covers patents, trademarks, copyrights, GIs, trade secrets
• India aligned domestic laws (e.g., Patents Act, 1970)
• Includes flexibilities like compulsory licensing
7. WIPO Copyright Treaty (WCT) & WIPO Performances and Phonograms Treaty
(WPPT) (1996)
• Address digital rights, piracy & online reproduction
• Reflected in Copyright Act amendments (2012)
INCLUSIVE & PERFORMER RIGHTS TREATIES
8. Beijing Treaty (2012)
• Protects audiovisual performers’ rights
• Grants moral & economic rights
• India ratified in 2020
9. Marrakesh Treaty (2013)
• Facilitates accessible books for the visually impaired
• India was the first country to ratify in 2014
• Promotes inclusive access to knowledge globally