CONSTITUIONAL LAW & ETHICS

Faculty of Law
CONSTITUTIONAL LAW & ETHICS

UNIT 3- IP Regime

Faculty of Law
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IP Regime

• Intellectual property (IP) refers to creations of the mind,

such as inventions; literary and artistic works; designs; and
symbols, names and images used in commerce.
• Why is IP protected by law?
• Enable people to earn recognition.
• Financial benefit.2
• Prevent misuse by third party .
• Balance between the interests of innovators and the wider
public interest.
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Patents
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Patents

• A patent is an exclusive right granted for an invention,

which is a product or a process that provides, in general, a
new way of doing something, or offers a new technical
solution to a problem.

• How long does patent protection last?

• Patent protection is granted for a period of 20 years
from the filing date of the application.
• Is a patent valid in every country?
No. Patents are territorial rights.
• Indian Patents Act, 1970
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Patents

• Infringement of a patent consists of the unauthorized

making, importing, using, offering for sale or selling any
patented invention within the India.
• Remedies
• A civil action can be initiated in a Court of Law.
• Administrative remedy: The patent owner can reach
The collector of customs and prohibit the entry of
these goods into Indian market.
• Civil remedies: Injunctions & Damages or accounts of
profits
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Copyright

• The exclusive and assignable legal right, given to the

originator for a fixed number of years, to print, publish,
perform, film, or record literary, artistic, or musical
material.
• Copyright law protects expressions of ideas rather than the
ideas themselves.
• Indian Copyright Act, 1957
• Does copyright have to be registered?
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Copyright

• Infringement
• Copyright Act of 1957.
• Interlocutory Injunctions
• Pecuniary Remedies
• Anton Pillar Orders
• Mareva Injunction
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Trademark
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Trademark

• A trademark is a word, phrase, symbol, and/or design that

identifies and distinguishes the source of the goods of one
party from those of others.
• Trade Marks Act, 1999
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Trademark

• Infringement and Passing off

• Injunction
• Damages
• delivery or removal of the products that have been
infringed
• Criminal remedies- Imprisonment, Penalty
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Geographical Indications

• Geographical indications means any indications which

define the goods as originating in the territory of a country
or a region or locality in that territory, provided a given
quality reputation or other characteristics of the product
are attributable to its geographical origin.
• Example: Basmati Rice, Darjeeling Tea
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Geographical Indications

• The Geographical Indications of Goods (Registration and

Protection) Act
• Infringement
• Injunction
• Damages
• Delivery of the infringing labels and indications
containing products
• Criminal remedies
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Industrial Design

• It is one of the forms of IPR that protects the visual design

of the object which is not purely utilized. It consists of the
creation of features of shape, configuration, pattern,
ornamentation or composition of lines or colours applied to
any article in two or three-dimensional form or
combination of one or more features.
• Design protection deals with the outer appearance of an
article, including decoration, lines, colours, shape, texture
and materials.
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Industrial Design

• Design Act of 2000

• 10 years
• Infringement
• Injunction
• Damages
• Criminal Prosecution
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Semiconductor Integrated Circuits Layout Design

• "Semiconductor integrated circuit" means a product having

transistors or other circuitry elements, which are
inseparably formed on a semiconductor material or an
insulating material or inside the semiconductor material
and designed to perform an electronic circuitry function.

• "Layout-design" means a layout of transistors, and other

circuitry elements and includes lead wires connecting such
elements and expressed in any manner in a semiconductor
integrated circuit.
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Semiconductor Integrated Circuits Layout Design

• Semiconductor Integrated Circuits Layout Designs Act, 2000

• Infringement
• No express mention of Civil remedies
• But Injunction, damages, Accounts of profits may be
claimed
• Criminal remedies
THANK YOU

Kavyashree Bhandary
Faculty of Law
kavyashreebk@pes.edu
+91 9986583856