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Online Certificate Course on

Intellectual Property Rights

Module-1: Introduction to Intellectual Property Rights

1. Definition

➢ The rights that are given to people for creativity of their minds with
relation to artistic, inventions, literary works, images and names and
symbols used in field of commerce.
➢ These rights give creators a limited right to use their creations for a
particular time.
➢ According to Halsbury Law says that it is a property that belongs to
a person solely of others and is ready for bargain and sale.
➢ These rights include intellectual skills and are more valuable right
then real property.
➢ These IPR rights are mentioned in Article 271 of the Universal
Declaration of Human Rights, which states that: “Every person has

1
The Right to Culture, http://www.unesco.org/culture/culture-sector-knowledge-management-
tools/10_Info%20Sheet_Right%20to%20Culture.pdf
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a right to freely participate in cultural life of the society, to have the

benefit of the arts and to share in scientific development.
➢ Paris Convention for the Protection of Industrial Property in
1883 and the Berne Convention for the Protection of Literary and
Artistic Works in 1886 recognized the importance of IPR for the
first time. Both the treaties are governed by the World Intellectual
Property Organization (WIPO).

2. Nature and Scope

• IPR are “jus in re propria” over intangible objects.
• The right deals with intellect, ideals and skills of person.
• Its scope is very wide.
• The Intellectual Property Rights have a characteristic which other rights
don’t have i.e. in ownership of immovable property; the cross border
issues are not possible but in intellectual property rights it is common.
• Most of the rights cannot be implemented until the owner get exclusive
rights and they have to be tested by the public laws.
• The Intellectual Property can be attached or hired or licensed or bought
and sold.
• The Intellectual Property is an inexhaustible resource because of its
nature of invisibility.
3. Need of IPR
• Encourage Innovation: The legal safeguard of new creations motivates
the dedication of additional resources for further innovations.
• Increase Economic Growth: The protection and promotion of
intellectual property rights increase economic growth of a country,
creates employment and factories and enhance the standard of living.
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• Protect rights of Creators: IPR protect creators and their producers by

providing them limited period of time to control the use of manufactured
goods.
• Facilitate Technology: IPR encourages innovation and ensures easy flow
of business activity by facilitating transfer of technology in the form of
licensing, joint ventures and foreign direct investment.
4. Importance of IPR
➢ Protect Intellectual Property Rights.
➢ Protect Domain names and moving images.
➢ More than 50% of U.S. exports are dependent on protection
Intellectual Property
➢ Technology and Internet has increased the awareness about IPR.
➢ The aim is to safeguard the value of investment.

5. Classification
➢ IPR has been classified into two types:
o Literary Property such as layout designs copyrights etc.
o Industrial Property such as trademarks, patents etc.
• Copyright:
✓ Copyright is one of the important parts of IPR which safeguard the
expression of opinions.
✓ It is effective action on the creation of work.
✓ Copyright in India is governed by Copyright Act, 1957.
✓ The protection under Copyright commence from the time when a
work is created in a fixed form and authors are protected
throughout their life.
✓ Copyright further is classified into:
o Artistic or musical works, dramatic, original works.
o Films, broadcasts and sound recordings.
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o The arrangement of published editions in typographical

manners.
✓ A work of author is entitled to copyright if:
o It comes under Copyright Act.
o It is recorded in the form of print, on a computer disk, by a
sound recording, in writing.
o The work is original work of author.
✓ Copyright owner is the first owner of the work who created it. In
joint ownership more than one author is involved.
• Trademarks:
✓ The Trademarks includes marks, patters, signs or symbol or
grouping of these that are competent of differencing the goods or
services of one undertaken from other undertakings.
✓ A trade name is generally given to a person or a firm who transacts
their business with or without fanciful name of the goods or
services.
✓ It is generally used in the marketing of goods and services.
✓ Trademark provides consistency of the product and quality of the
goods.
✓ It is governed by Trade and Merchandise Marks Act, 1958.
✓ It can be registered or unregistered.
✓ The essential features of Trademarks are:
o It must have signatures, brands, labels, marks, headings of
goods, packaging or combination of these.
o It must be able to represent graphically
o It must be able to differentiate the goods or se4vice from
that of others.
• Patents:
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✓ A Patent is an exclusive right given to person make, manufacture,

and use and markets the inventions.
✓ The Given inventions shall satisfy conditions prescribed in the law.
This right is only given for specific period of time.
✓ The Patent laws are governed by the Patents Act, 1970.
✓ Some of the significant characteristic of Patents are:
o It is a license approved by the State.
o It is granted to the applicant for inventions claimed by him.
o It is an exclusive right given to an individual for a specific
time.
o The license provides protection to person who is using
invention as his monopoly.
✓ Patent has been classified into:
o Utility Patents: It is most common patents that cover
useful discoveries and inventions.
o Design Patent: This patent includes original and
ornamental designs for articles such as furniture.
o Plant Patents: This patent includes new and distinct
varieties of asexually reproduced plants such as hybrid
flowers.
✓ The protection under patent lasts for 20 years from the date of
filling the application in case of plant and utility patents and 14
years for design patents.
✓ A person can file patent application in patent office through offline
or online mode that has particular territorial jurisdiction.
✓ The documents required for application are:
o Application form
o Specification of person
o Drawings
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o Undertakings under Section 8

o Power of Authority

• Designs:
✓ Designs in IPR are a right which shows the characteristics or
outward appearance of the article and implies pattern, configuration
and shape which should relate to article and have to be original.
✓ Designs right are made to protect the designs of 3D object from
unregistered designs.
✓ This right is applicable to industrial designs instead of copyright.
✓ Protection under this right commence when registration is done.
✓ The right given to a person is to avoid third party from creating and
selling article containing designs without the consent of the right
holder.
✓ The protection given to the right holder is not less than 10 years.

6. Theories of IPR
➢ Utilitarian Theory:
• The Economists like Mill and Bentham stated that the object of any
strategy should be the achievement of maximum goods for
maximum number.
• This theory considered system of Intellectual Property as utilitarian
and incentive based.
• This theory increases satisfaction with different things at sensible
price.
• The theory is based on the fact that when any commodity is created
then it should be use.
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• The theory has difficulty in creating ways to measure inputs, output

and product.
➢ Labor Theory:
• The theory is based on Natural Right theory.
• The theory is also known as the principle of Homestead
principle or First Appropriations.
• The theory is given by John Locke as “a person like natural
right in the form labor who transform raw material into product
with increased value. The State has an obligation to enforce
natural law.
• The problem with this theory is that it does not explain why
labor should be entitled to a property right.
• Another argument raised by the Economist was that work of
authors cannot be considered as goods to be owned rather it
should be used for communication.

➢ Social Trust Theory:

• The theory states that all creations are result of mutual forces. The
mutual forces or communal forces are the forces that work together
for formation of particular thing.
• This also says that property rights are in general and intellectual
property rights are particular and should be formed in such way
that it fosters the attractive culture.

➢ Personality Theory:

• The theory says that IPR provides inventors and authors a measure
to control the risk.
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• The theory is derived from Kant and Hegel writings i.e. for
satisfaction of fundamental of human needs, private property rights
are needed. Thus, we can say that policy makers should allocate
resources in such way that it satisfies people’s needs.
• From this point, we can say that IPR should be justified on the
basis that they protect from appropriation or facts through which
artists and authors have expressed their views.
• This theory of IPR is considered as an appeal to moral
considerations.

➢ Economic Theory:
• The theory has been propounded by John Locke.
• The theory is directly linked to its significance in economy.
• It says that by helping someone in the need, we can serve for the
benefit of the society.
• This theory explains Intellectual Property in a wider scope and
approaches.
• The problem with this theory is that there is no specific ground
to believe that only property rights can be used to create
incentives. The criticism is based on free rider principle.

➢ Occupation Theory:

• The theory is similar to labor theory.

• The theory state that is someone is creating anything with his
own intellect and man power then such thing cannot be taken
from him.
• He has complete right over his product and can use it for his
own purpose or for benefit of society.
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7. International Covenants & IPR

➢ World Intellectual Property Organization2:

• Generally known as WIPO.

• The Organization was established with the aim of protecting and
promoting IPR.
• On 14th July, 1967 a convention was signed at Stockholm to
establish this organization.
• It is one of the specialized organizations of United Nations with
193 member States, whose headquarter is at Geneva.
• The three governing bodies under WIPO are: General Assembly,
Conference and Coordination Committee.
• It provides building of human capacity for IPR in relation to
copyright, geographical indications, industrial designs, trademarks
and patents.

• The World Intellectual Property Organization includes following

things:
o Scientific trademarks, artistic, literary.
o Designations and commercial names and service marks.
o All other rights covering literary or industrial works,
scientific and artistic.

• The aims of WIPO are:

o Encourage IPR across the world.

o Harmonize National Intellectual property laws and its
procedures.

2
WORLD INTELLECTUAL PROPERTY ORGANIZATION,
https://dipp.gov.in/international-co-operation/world-intellectual-property-organization
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o Provide services for the International Applications of

IPRs.
o Exchange information on intellectual property.
o Facilitate resolution of private intellectual property
disputes.

➢ Geneva Conventions:

• The main aim of Geneva Convention is to protect unauthorized

duplications.
• The essentials of this conventions are:

o Growing problems of piracy of recorded music is concerned.

o Provide copyright and protect sound recordings.
o Protect phonograms against unauthorized duplication and
distribution of pirated copies.

• WIPO along with the United Nations Educational, Scientific and

Cultural Organization (UNESCO) and the International Labor
Organization (ILO) is responsible for the supervision of this
Convention.

➢ Paris Convention:

• An important convention dealing with industrial property and

patent.
• The Convention deals with industrial property in broader sense
covering repression of unfair competition, geographical
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indications, trade names, service marks, utility models, industrial

designs, trademarks and patents.
• The provisions govern common sales, right of priority and
national treatment.

➢ Berne Convention:

• The Berne Convention was adopted in 1886 to provide protection

to works and rights of their authors.
• It provides control on works on how works are used, by whom and
on what terms to creators such as painters, poets, musicians and
authors.
• The Convention allows certain exceptions on economic rights.
These limitations are commonly known as "free uses3" of
protected works.

➢ Universal Copyright Convention:

• The Universal Copyright Convention was established in Geneva in
1952 as an alternate option to Berne Convention.
• The Convention ensures that authors are given international
protection, even to countries that are not or would not become
party to Berne Convention.
• The countries under Berne Convention became signatories of UCC
to make sure that the works of citizens of Berne Convention
countries are protected in non-Berne Convention Countries.

3
SUMMARY OF THE BERNE CONVENTION FOR THE PROTECTION OF LITERARY AND
ARTISTIC WORKS (1886),
HTTPS://WWW.WIPO.INT/TREATIES/EN/IP/BERNE/SUMMARY_BERNE.HTML
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• Article 174 of the Convention states that the Convention also

ensures that there should be no conflict with the provisions of
Berne Convention.
• In this way Berne Convention has more precedence and any
country that drops out from Berne Convention to agree to UCC
would be penalized.

➢ Patent Cooperation Treaty:

• The Patent Cooperation Treaty provides patent protection to
invention by filling an “international” patent application.
• Such application may be filled by anyone who is resident of
State which is under control of the treaty.
• It may generally be filled with the national patent office of the
contracting state of which the applicant is a national or resident
or, at the applicant’s option, with the International Bureau of
WIPO in Geneva.
• If the application is from national or resident of a contracting
State to the European Patent Convention, the Harare Protocol on
Patents and Industrial Designs [Harare Protocol], the Bangui
Agreement, or the Eurasian Patent Convention, the international
application may be filed with the European Patent Office (EPO),
the African Regional Intellectual Property Organization
(ARIPO), the African Intellectual Property Organization (OAPI)
or the Eurasian Patent Office, respectively.

4
Universal Copyright Convention, with Appendix Declaration relating to Articles XVII and Resolution
concerning Article XI 1952,
http://portal.unesco.org/en/ev.phpURL_ID=15381&URL_DO=DO_TOPIC&URL_SECTION=201.html#:~:text
=Article%20XVII,annexed%20to%20the%20present%20article..
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• The Treaty regulates the formal necessities with which

international applications should obey.

➢ TRIPS:
• TRIPS stand for Trade Related Aspects of Intellectual Property
Rights. It is one of the most important documents of IPR as it
contains minimum requirements for National Legislation.
• Its essential features are:
o Standards: The Agreement set by TRIPS contain minimum standard of
protection provided by each member.
o Enforcement: this provision covers domestic procedures and remedies
for the enforcement of IPR. The Agreement contains all provisions
applicable for IPR enforcement measures.
o Dispute Settlement: The Agreement of TRIPS create conflict between
members of WTO for TRIPS commitment subject matter to dispute
settlement procedure of WTO.
➢ GATT Agreement:
• GATT stands for General Agreement on Trade and Tariffs. It
was established in 1947 to set up International Trade
Organization for regulation of world trade.
• It was an Agreement within the provisions of UD Reciprocal
Trade Act, 1934.
• This agreement can be replaced also once the IPO become
operational to perform its functions.
• It prohibits the use of quantitative restrictions in exports and
imports and manages existing tariff preferences.
8. Registration of IPR:
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✓ The Agencies responsible of registration of Intellectual Property

Rights are:
o United State and Patent Trademark Office
o International Trademark Association
o World Intellectual Property Organization
o Madrid Protocol
o Paris Convention
➢ United State and Patent Trademark Office (USPTO):
• The organization was established:
o To issue patents to individual
o For trademark registration of product
o For identification of intellectual property.
• The organization operates itself with the fees collected by the
users instead of dollars of taxpayers.
• It is operated by the Head of Secretary of Commerce for
Intellectual Property and the Head is appointed by the President.
• It has employed for more than 800 employs in the organization.
➢ International Trademark Association:
• It is a non- profit advocate association of professionals and brand
owners to support intellectual property and trademark to get
consumer trust and promote innovation and economic growth.
• The members of the organization include brand owners from law
firm and small and medium sized corporations and trademark
professionals.
• It hosts e-learning programs, roundtables, conferences and
meetings to discuss trademark issues across the world.
• It promotes trademark policies and laws throughout the world.
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• It has produced a digital publication called INTA

Bulletin and the Trademark Reporter.
➢ Madrid Protocol:
• It is a protocol related to Madrid Agreement with the International
Registration of Marks.
• It is a filling treaty and not a treaty of substantive harmonization.
• It provides efficient and effective way of trademark protection.
• It protects trademarks of multiple countries by filling an
application in a single office, with one set of fees and in one
language.
• No local Agent is required to file the first application.
• Registration through this protocol doesn’t make a single
registration.
• One of the disadvantages of this protocol is that any cancellation,
withdrawal or refusal of the initial application or registration would
lead to the cancellation, withdrawal or refusal of entire
International Registration.
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Module Assessment

A. Pick the correct option among following answers.

1. Which Article of the Universal Declaration of Human Rights covers
Intellectual Property Rights?
a) Article 27
b) Article 20
c) Article 9
d) Article 10

Answer.

2. Which was the first convention to recognize the importance of

Intellectual Property Rights?
a) Berne Convention
b) Geneva Convention
c) Paris Convention for the Protection of Industrial Property
d) The Universal Copyright Convention

Answer.

3. “The property belongs to an individual and is ready for bargain and

sale.” The Statement is given by:
a) Halsbury Law
b) John Austin
c) John Locke
d) Robert Nozick

Answer.

4. What are different kinds of IPR?

a) Trademarks
b) Copyrights
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c) Patent
d) All of the above

Answer.

5. “When any commodity is created then it should be use by people”.

Which theory it is?
a) Labor Theory
b) Occupation Theory
c) Personality Theory
d) Utilitarian Theory

Answer.

6. “The Universal Copyright Convention is alternative to which

Convention”?
a) Berne Convention
b) Paris Convention
c) Geneva Convention
d) The Universal Copyright Convention

Answer.

7. “All creations are result of mutual forces.” Which theory it is?

a) Social Trust Theory
b) Labor Theory
c) Occupation Theory
d) Personality Theory

Answer.

8. Which Article of Universal Copyright Convention ensures that there

is no conflict with the provisions of Berne Convention?
a) Article 17
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b) Article 19
c) Article 14
d) Article 27

Answer.

9. Industrial Property under IPR includes:

a) Trademark
b) Patent
c) Both A and B
d) Only A

Answer.

10.Copyright under IPR has been further classified into:

a) Artistic or musical works, dramatic, original works.
b) Films, broadcasts and sound recordings.
c) The arrangement of published editions in typographical manners.
d) All of the above

Answer.

11.The essential features of Trade Related Aspects of Intellectual

Property Rights are:
a) Standard
b) Enforcement
c) Dispute Settlement
d) All of the above

Answer.

12.The main aim of Geneva Convention is to:

a) unauthorized duplications
b) govern common sales, right of priority and national treatment
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c) prohibits the use of quantitative restrictions in exports and imports

d) covers domestic procedures and remedies for enforcement of IPR

Answer.

13.What are the governing bodies under WIPO?

a) General Assembly
b) Conference
c) Coordination Committee
d) All of the above

Answer.

14.What are the essentials of Geneva conventions are?

a) Growing problems of piracy of recorded music is concerned

b) Provide copyright and protect sound recordings.
c) Protect phonograms against unauthorized duplication & distribution.
d) All of the above

Answer.

15.GATT stands for:

a) General Agreement on Trade and Tariffs.

b) General Assessment for Trade and Tariffs.
c) General Assessment for Treaty and Trade.
d) General Agreement for Treaty and Trade

Answer.

16.World Intellectual Property Organization was established for:

a) unauthorized duplications
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b) protecting and promoting IPR

c) provide copyright and protect sound recordings
d) All of the above

17.The Patent Cooperation Treaty was established for:

a) provides patent protection to invention
b) regulates the formal necessities
c) Both A and B
d) Only A

18.The convention dealing with industrial property and patent is:

a) Paris Convention
b) Berne Convention
c) Universal Copyright Convention
d) Geneva Convention

Answer.
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B. Short Answer Type Question: -

1. Define Intellectual Property.
2. Explain Homestead Principle.
3. Differentiate between Economy theory and Labor theory.
4. What are different kinds of Intellectual Property?
5. Explain World Intellectual Property Organization?
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C. Long Answer Type Question:

1. Explain the concept of Intellectual Property Rights.

2. What are different theories of Intellectual Property Rights?

3. What are different International Conventions related to Intellectual

Property Rights?

4. Explain different kinds of Intellectual Property Rights.

5. Explain registration of Intellectual Property Rights briefly.