Intellectual Property Rights

Chapter -
1
 What we are going to
discuss
Introduction on IPR

Why we learn IPR

Kinds of IPR
IPR in India

IPR in abroad

Major
International
agreements
 Intellectual Property (IP) -

Introduction
IP means the property, which is created with intellect such as inventions, books,
paintings,
songs, symbols, names, images, or designs used in business, etc.

 IP, like any real property that

 Can be bought, sold, licensed, exchanged, given away
 The owner can prevent unauthorized use and can take legal action, in case someone
else
uses it without permission.

 Legal rights conferred on such property are called “Intellectual Property Rights” (IPRs).

 These rights are outlined in Article 27 of the Universal Declaration of Human Rights,
which provides for the right to benefit from the protection of moral and material
interests resulting from authorship of scientific, literary or artistic productions.
 Need of Intellectual Property
(IP)
Enormous
resources

Sound
Maximum Technology
and Indigenous
economic creation
development
benefits
base

Legal
Protection
 Need of Intellectual Property
(IP)
 Intellectual PropertyRights(IPR) have becomeimportantin the face of changing
trade
environment such as
 global competition
 high innovation risks
 short product cycle
 need for rapid changes in technology
 high investments in research and development (R&D)
 highly skilled human resources

 With the opening of trade in goods and services, there is an

possibility
of infringement leading to inadequate return to the creators of knowledge

 IPR ensure R&D costs and other costs associatedwith introductionof new
products are recovered and enough profits are generated in the market
 Need to learn Intellectual Property
(IP)
 Intellectual property rights deal with largely three things:
 about the rights
 the creation of those rights
 its enforcement

 When you working on a team that invents something--that has potential commercial value.
A basic understanding of the legal basis of IP can prepare to make the best choices
involved with a commercialisable invention
 IP has become the new watchword in almost any career. Look around and find imprint of
IP everywhere

 As a result, any person today who does not understand at least the basics of
intellectual property and its value and role in science, business, arts, and the
professions will find him or herself at a distinct disadvantage in the world of
tomorrow
IP

INDIVIDUALS SCHOOLS COLLEGES UNIVERSITIES RESEARCH LABS COMPANIES

Do you watch this?
 A Patent gives monopolistic rights to
its
owner to exclude others, from making,
Terminology using, selling, offering for sale or
importing the product or the process for
producing the product without his
consent

Patent
Any product or process which is new,
non- obvious and capable of industrial
What application can be patented. The term of
? every patent in India is twenty years
from the date of filing the Patent
application
Do you watch this?
 Industrial Designs are the features of shape,
configuration, pattern, ornament or composition
of
Terminology lines or colours applied to the product which
makes
it look different from other articles in the
market.

Design
The design must be new and distinct. The design
protection is provided for 10 years. The period of
What protection is extendable to 5 years after the expiry
? of 10 years’ duration.
Do you watch this?
Terminology Trademark is a mark accorded with protection,
intended to serve the purpose of recognizing the
source/origin of the goods or services to which
the particular mark belongs.

Trademarks
A trademark is a mark which is unique, distinctive,
made up of names, symbols, signs etc., and
What capable of distinguishing one product from another.
? Term of registration of a trademark is ten years,
which may be renewed for a further period of ten
years on payment of prescribed renewal fees.
Do you watch this?
01 Terminolog Copyright is an exclusive legal right protects
y “original works of authorship” that are fixed in
“a tangible form of expression.” Copyright
has
ownerrights to reproduce, translate, adapt,
perform,
distribute and publicly display the work, etc.

Copyright
Lifetime of author + 60 years after

death 60 years from

s
02 Literary including Software, Artistic, Dramatic,
publication
What
Musical, Sound Recording, Cinematograph
?
Films fall into copyrightable works
Do you watch this?
 Geographical indications of goods are
Terminology defined as that aspect of industrial
property which refer to the geographical
indication referring to a country or to a
place situated therein as being the
country or place of origin of that
product

G
10 Years + Renewal for other 10
years

Geographical Indication is primarily an

agricultural, natural or a manufactured
What product (handicrafts and industrial
? goods) originating from a definite
geographical territory.
Do you watch this?
 Terminolo
gy
What
?

To provide an New Variety,

effective system for Derived

Plant
protection of Plant Variety
varieties and rights of
farmers and plant Trees &
breeders. Vines – 18
To recognize the years; Other
farmers in respect of Crops – 15
their contributions years
Do you watch this?
 10
Years

Terminology What
?

Semiconducto
Protection Original,
provided for Distinctive,

r
the ‘layout- Capable of
designs’ of a distinguishing
semiconductor from any
integrated other layout
circuit design
Do you watch this?
 Genetic Resources & Traditional
Knowledge
• Genetic resources (GRs) refer to
The Biological Diversity Act, 2002
genetic material of actual or potential was enacted for preservation
value of biological diversity in India, and
provides mechanism for equitable
sharing of benefits arising out of
• Genetic material is any material of plant,
the use of traditional biological
animal, microbial or other origin resources and knowledge
containing functional units of heredity

• Traditional knowledge means the

knowledge, systems, innovations and
practices of local communities across the
globe
 Traditional Knowledge Digital Library

Set up in 2001 by Council of Encourages modern

Scientific and Industrial research based on
Research (CSIR) in collaboration Traditional
with the MINISTRY OF AYUSH Knowledge
Wrong Patents in
knowledge
traditional are prevented
Maintains the ancient Access given from being granted - TKDL
knowledge and traditionally severalto is an effective deterrent
passed verbal knowledge Patent
International against bio-piracy
e.g., Knowledge about Offices
medicinal
plant 3,00,000+ entries
s
Translations available oftraditional Indian
5 international
in medicinal systems of
languages Ayurveda, Unani, Siddha
i.e. English, and Yoga
Japanese, French,
Spanish and
German
Do you watch this?
 Trade
Secrets
• 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

• Trade Secrets may include R&D Information, Software Algorithms,

Inventions, Designs, Formulas, Financial Records, Ingredients,
Lists of Customers, Devices, Methods, Consumer Profiles and
Advertising Strategies or Policies of a Company, etc.

• A trade secret can be protected for an unlimited period of time

Management or Commerce Students
 How these studies will be useful to
you?
 There is an interesting analysis of how to convert limited life intellectual property
into unlimited life intellectual property.

 Now, this is a key thing which manager should be acquainted.

 You need to manage the IP Portfolio of the company

 With because rights like patents, copyright, and designs, are called limited life IP.
Whereas, trademarks and trade secrets are unlimited life. In the sense that there
is no expiry date attached too so, managers are constantly looking at how they
can convert a limited life IP into an unlimited life IP
 Patent
Docketin
g officer
Career
s in
privat Patent
e. paraleg
al
Corporat
e Patent
Offices,
R&D
Manage
 What is your role
here?
Manage the intellectual property assets by
• Identification
• Patenting
• Licensing
• Marketing
• Reporting

Develop appropriate commercialization for intellectualproperty,

strategies identifying prospective licensees through the use of information
including
bases, discussions with inventors, and contacts obtained through industry
affiliation.
 OTHER
S…

01

Consultan IPR
services
t

IPR rules and Entrepreneur

regulations
02
 OTHER
S…

03

Patent Science / Technology

Degree
Agent Law
Science / Technology
Degree Degree
Patent
Patent act and Attorney
rules 04
Patent application
drafting
 Intellectual Property System – Indian Scenario

1856
The Act VI of 1856 on protection of
inventions based on the British Patent Law of
1852. Certain exclusive privileges granted to
inventors of new manufacturers for a period
of 14 years.

The Act modified as act XV Patent monopolies called

185
exclusive privileges (making. Selling and using
inventions in India and authorizing others to do so for
14 years from date of filing specification).
 187
The Patterns
and Designs
Protection Act

188 2 The
Protection
of
Inventions

3 Act

188
Consolidated
as the
Inventions &
Designs Act
The Indian
Patents and
Designs Act
19
11

197 Indian
Patents Act
Amendment : 1999,2002
and 2005
 Other IP Acts in
India
 Designs Act, 2000

 Trademarks Act, 1999 (as amended)

 The Copyright Act, 1957 (as amended)

 The Geographical Indications of Goods (Registration & Protection) Act,

1999

 The Protection of Plant Varieties and Farmers’ Rights (PPV&FR) Act, 2001

 Semiconductor Integrated Circuits Layout-Design Act, 2000

 Intellectual Property System – Global
Scenario
 The need for a system to protect IP internationally arose when foreign exhibitors refused to attend
an International exhibition of inventions in Vienna in 1873 (because they are afraid that their
ideas would be stolen and exploited commercially in other countries)

 This led to the creation of the Paris convention for the protection of Industrial property of 1883
( the Paris convention was the first major international treaty)

 In 1886, copyright entered the international arena with the Berne convention for the protection
of literary and artistic works

 Both these convention set up international bureaux to carry out adminisrtrative tasks. In 1893,
these two small bureaux united to form an international organisation called the United
international bureaux for the protection of intellectual property, best known by its french
acronym, BIRPI was the predesssor of WIPO
 Intellectual Property System – Global
Scenario
 The enforcement differences were a source of tension in international
economic relations. Thus a need for harmonisation and predictability for
disputes to be settled more systematically.

 Ideas and knowledge constitute an important part of trade. Creators have a right
to prevent others from using their inventions, designs or other creations.

 WTO agreement on Trade Related Aspects of Intellectual Property Rights

(TRIPS Agreement), which came into force in 1995, brought with new era in the
multilateral protection and enforcement of IP rights.

 Provisions in the TRIPS agreement are concerning copyright and related rights,
patents, trademarks, geographical indications, industrial designs and layout designs
 Ministry of Commerce and
Old
Industry
(Department of Industrial Policy & Promotion)
New(Department for Promotion of Industry and
Internal Trade)

From regulation and administration

of the industrial sector, the role of
Strengthen the capabilities of the
the Department has been
Intellectual Property Offices in
transformed into facilitating
India; to develop a vibrant
investment and technology flows
Intellectual Property regime in the
and monitoring industrial
country.
development in the liberalised
environment.
 Major International instruments concerning IPR

 Paris Convention for the Protection of Industrial Property (1883)

 Berne Convention for the Protection of Literary and Artistic Works

(1886)

 Universal copyright convention,1952

 WIPO Convention, 1967

 Patent Cooperation Treaty (PCT) (1970)

 TRIPS (Trade related Intellectual Property Rights) Agreement, 1994

Paris Convention for the Protection of Industrial Property
(1883)

What Terminology
?
Industrial property
National treatment (grant the same protection to
 Patents
nationalsof other)
 Trademarks
 Industrial designs Right of priority (first application filed in one of the
 Utility models Contracting States apply for protection in any of the other
 Service marks – 12 months (Patents) 6 months (Designs))
 Trade names
 Geographical
Common rules (granted in different Contracting States for
indications
 Repression of unfair the same invention are independent of each other)
competition
 Outcomes
The Paris Convention does not regulate the conditions for
the filing and
registration of marks (Administered by domestic law)

1 2
Paris Union
• Concluded : 1883
Assembly and an Executive
Committee • Revised:
Every State that is a member of the Union Brussels in 1900
Washington in 1911
Executive Committee are elected from The Hague in 1925
among the members of the Union, except London in 1934
for Switzerland, which is a member ex Lisbon in 1958
officio Stockholm in 1967

Biennial program and budget of the WIPO • Amended :1979

Secretariat
Berne Convention for the Protection of Literary and Artistic Works
(1886)

What Terminology
?
Protection of works and Minimum standards
the rights of their authors
• Protection for every production in literary,
Three basic principles the scientific and artistic domain in any form

• National treatment • The right to translate, make adaptations and

arrangements, perform in public, communicate to the
• Automatic protection public, broadcast, make reproduction

• Independence of protection • Duration of protection (50 years after death of author)

 Outcomes
Exceptions: Provide "free uses" for educational activities with due credits

1 2
Berne Union
• Concluded : 1886
Assembly and an Executive
Committee • Revised:
Every State that is a member of the Union Paris in 1896
Berlin in 1908
Executive Committee are elected from Rome in 1928
among the members of the Union, except Berlin in 1908
for Switzerland, which is a member ex Brussels in 1948
officio Stockholm in 1967
Paris in 1971
Biennial program and budget of the WIPO
Secretariat • Amended :1979
 Universal copyright
convention,1952

What Terminology
?
Some countries disagree The United States only provided copyright protection for a
with Berne convention fixed, renewable term, and required that in order for a
work to be copyrighted it must contain a copyright notice
UNESCO develops it as an and be registered at the Copyright Office
alternative to the Berne
Convention
Berne Convention, on the other hand, provided for
copyright protection for a single term based on the life of
United States the author, and did not require registration or the
inclusion of a copyright notice for copyright to exist
Russia (1973)
 WIPO Convention,
1967

What Terminology
?
Two main objectives are
Constituent instrument of (i) to promote the protection of intellectual property
World Intellectual worldwide; and
Property Organization
(WIPO) (ii) to ensure administrative cooperation among the
intellectual property Unions established by the treaties
Signed at Stockholm on July 14, that WIPO administers
1967 Entered into force in 1970
Amended in 1979 Setting of norms, standards, international classification
etc.,
 Outcomes

1 2
• WIPO General Assembly Headquarters: Geneva,
Switzerland
• WIPO Conference
Other Ofiices:
• WIPO Coordination commitee
• Brazil (Rio de Janeiro)
Secretariat of the Organization is called • Japan (Tokyo)
the International Bureau. The • Singapore (Singapore)
executive head of the International • United States of America (at the United
Bureau is the Director General Nations in New York)
 Patent Cooperation Treaty (PCT)
(1970)

What Terminology
?
Seek patent protection by Advantages
filing an "International"
patent application • Brings the world within reach

Treaty regulates the formal • Evaluate possibility of patenting through International

requirements of International search report and written opinion
applications
• Puts the world on notice of their applications
File your application in designated
countries The PCT created a Union which has an Assembly. Every
Provides International search State party to the PCT is a member of the Assembly
 TRIPS (Trade related Intellectual Property Rights) Agreement,
1994

What Terminology
?
Member nations of the World Trade
Organization (WTO) Standards (subject-matter to be protected, the rights to
be conferred and permissible exceptions to those rights,
• Copyright and related rights and the minimum duration of protection)
• Trademarks
• Geographical indications Enforcement (procedures and remedies)
• Industrial designs
• Patents Dispute settlement (WTO's dispute settlement
• Protection of new varieties of plants procedures)
• Layout-designs of integrated circuits
• Undisclosed information
 Links for
Reference
World Intellectual Property
Organisation
[Link]
[Link]

Intellectual property
India
[Link]
[Link]
Thanks for your Participation