Intellectual

Property Rights
ights,
Innovation &
Creative Works

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All inventions or creations begin with an “idea”. Ideas by themselves, however, have little value.
They need to be developed, converted into innovative products or services and commercialized
successfully to reap benefits. Intellectual Property refers to the product of human creativity and skill.
ANYBODY can create intellectual property. You, your friend, any company; big or small, literally
anyone can create intellectual property. There is no age limit to be innovative or to create something
original.

Elements of IPR

PATENT
A patent is a type of IPR which protects the scientific inventions (products and or process) which
shows technical advancement over the already known products. A ‘patent’ is an exclusive right
granted by the Government which provides the exclusive ‘right to exclude’ all others and prevent
them from making, using, offering for sale, selling or importing the invention. Patents in India is
governed by the Patents Act, 1970

For an invention to be patentable, it must be new, non-obvious to any person who is skilled in the
relevant field of technology and must be capable of industrial application.

1. It must be new, i.e. it should not be already existing in the current knowledge anywhere in the
world, i.e. not in public domain in any form, before the filing of patent application (Novelty).
2. It must be non-obvious to any person who is skilled in the relevant field of technology. That is, the
standard is a person reasonably skilled in such field of study (Inventive Step).
3. Finally, it must be capable of industrial application, i.e. capable of being used or manufactured in
the industry.
4. Patent can only be filed to get rights over an invention and not discovery. Newton saw the apple
fall and discovered gravity which is considered to be a discovery. On the other hand, the father of
telephone Alexander Graham Bell invented telephone. Thus when we use our ability to create
something novel, or something unique into existence, it is called an invention, whereas the process
of highlighting the existence of an already existing thing is called discovery.

What cannot be patented?

Scientific principles, contrary to well established natural laws, formulation of abstract theory,
frivolous inventions, prejudicial to morality or injurious to public health, method of agriculture or
horticulture, method of treatment, admixtures, traditional knowledge, incremental inventions without
increase in efficacy and inventions related to atomic energy are some of the inventions not patentable
under sections 3 & 4 of the Patents Act, 1970.

Patent creates a temporary monopoly. Once the term of a patent expires, the invention is in public
domain which means it is free for use by people. This prevents the patentee from involving in anti—
competitive practices like creating monopoly etc.

Let us now understand Patents through this comic strip.

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Comic strips created from ToonDoo

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GEOGRAPHICAL INDICATION

A Geographical Indication (GI) is primarily an indication which identifies agricultural, natural or

manufactured products (handicrafts, industrial goods and food stuffs) originating from a definite
geographical territory, where a given quality, reputation or other characteristic are essentially
attributable to its geographical origin. GIs are part of our collective and intellectual heritage that need
to be protected and promoted. Goods protected and registered as GI are categorized into agricultural
products, natural, handicrafts, manufactured goods and food stuffs.

Darjeeling Tea was the first Indian product to get protection as a GI in 2004. There are 87 tea gardens
in Darjeeling district of West Bengal that grow 10 million kg of tea every year. European Union
accounts for 60% of exports of Darjeeling tea.

Most of the GI products are created by rural communities/tribes living in remote areas and therefore,
supplement the incomes of our rural artisans, weavers, craftsmen and farmers who sell these products
in their respective local markets. Marketing of GIs helps in creating a supply chain around the product
which in turn offers an increased price for the respective GI product. It not only preserves traditional
practices on which the product is based, but also promotes entrepreneurship and tourism in the place
of origin of the product.

Geographical Indications in India is governed by the following legislations Geographical Indications

of Goods (Registration & Protection) Act, 1999 and Geographical Indications of Goods (Registration
& Protection) Rules, 2002

Let us now understand Geographical Indication through this comic strip.

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 Comic strips created from ToonDoo

DESIGN

A ‘Design’ includes shape, pattern, and arrangement of lines or color combination that is applied to
any article. It is a protection given to aesthetic appearance or eye-catching
eye catching features. Following are the
prerequisites to obtain protection for design –

It should be applied to an article

It should be new or original.

It should be solely judged by the eye.

It should not be published anywhere before.

It should be significantly distinguishable from known designs or combination of known designs.

It should nott comprise or contain scandalous or obscene matter.

Anything that is registered as trademark or any artistic work under copyright doesn’t qualify for
design registration.
Designs in India is governed by the following legislations Designs Act, 2000 Designs Rules, 2001.

Let us now understand Design through this comic strip.

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Comic strips created from ToonDoo

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In addition to these other elements of IPR include Copy right and Trademark

Copyright is the right to “not copy”. It is offered when an original idea is expressed by the creator or
author. It is a right conferred upon the creators of literary, artistic, musical, sound recording and
cinematographic film. The copyright is an exclusive right of the creator to prohibit the unauthorized
use of the content which includes reproducing &distributing copies of the subject matter.

The unique feature of copyright is that, the protection of work arises automatically as soon as the
work comes into existence. The registration of the content is not mandatory but is essential to exercise
exclusive rights in case of an infringement. Copyright in India is governed by the following
legislations Copyright Act, 1957 and Copyright Rules, 2016

Activity- 1

1. With a group of friends in your class, create the lyrics for a song, compose the tune and
perform it in class. After this find out the following:

(a) Who owns copyright over what work, in your team?

(b) What rights do each of you have and for how many years can you protect it?
(c) Can anyone use your song without your permission? Can they use it with your
permission and how?
(d) Can you give some Indian examples where permission was taken to use a song in a film
or a play or an advertisement?

2. Is the copyright duration different for different types of work?

3. Which of the following can be protected under Copyright?

(a) Jigsaw Puzzles

(b) Software Codes
(c) Mathematic Tables
(d) Shoe

4. Shivani is a photographer and blogger. She is popular on social media networks, where she
posts pictures from her travels. These pictures are republished by magazines and popular blog
pages with due recognition and credits given to Shivani.She comes across a blog page owned
byAnubha, where Shivani’s picture series titled ‘Mountains Calling: The Himalayan
Escapade’ have been reproduced on Anubha’s blog page after deceitfullyremoving Shivani’s
watermarkas well as slightly altering the colors by using photo editing software. This way
Anubha has created the impression in the minds of the readers and her followers that she has
clicked the pictures and owns the copyright in them. In light of this, answer the following:

(a) Can Shivani punish Anubha under copyright law for plagiarizing and copying her
photographs?

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 (b) Has Anubha committed any wrong by copying the photographs, despite removing the
watermark and editing the original?
(c) Can Shivani claim copyright infringement despite not registering the copyright of her
photographs under copyright law?
(d) If Anubhacreated paintings of the photographs herself, despite the similarity, can she still
be liable for copyright infringement?

5. Many famous authors began creating creative works from a young age. Find out the names of
these authors, their age, name & type of their creative work(s).

6. Look around you. Can you think of any creative work that contains all the types of works
(musical, dramatic, literary, etc.) in one single type of copyright?

TRADEMARK

A trademark is any word, name, or symbol (or their combination) that lets us identify the
goods made by an individual, company, organization, etc. Trademarks also let us differentiate
the goods of one company from another. In a single brand or logo, trademarks can let you
know many things about a company’s reputation, goodwill, products and services.

A trademark helps in distinguishing similar products in the market from its competitors. A
competitor cannot use the same, or similar trademark to sell their product in the market as
the same fall under the concept of deceptively similarity which may be defined as phonetic,
structural of visual. similarity.

Trademarks in India is governed by the following legislations Trade Marks Act, 1999 and
Trade Marks Rules, 2017.

Activity- 2

1.) Ujjwala is an avid food blogger and baker. She is also popular on social media networks as
“Yummy in my Tummy”, where she posts pictures and videos of her baking and the recipes.
Owing to competition from similar food bloggers and bakers, she had protected her business by
filing for trademark of “Yummy in my Tummy”. Meanwhile, ‘#Hangry’, a bakery owned by
Aditi, oblivious to the name chosen by Ujjwala, decides to rename her bakery as
“YummyTummy” and proceeds to protect her trademark. In light of this, answer the following:

(a) Can Ujjwala and Aditi, both keep the same names and exist peacefully in the same
market for the restaurant business?
(b) Can Ujjwala claim ownership over “Yummy in my Tummy” and refrain Aditi from using
a similar sounding/ looking mark?
(c) If Aditi, instead of protecting YummyTummy, decides to protect #Hangry, will she
succeed?
As a group activity, find out other popular and famous food bloggers. See the names used
by them. If you were to start your own business, say, a bakery, what would you call your
bakery, and why?

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