School of Law

Course Code : BLA03001 Course Name: General Introduction to IP Laws

General Introduction to IP Laws

Name of the Faculty: Sugandha Chaudhary Program Name: LLB

 School of Law
Course Code : BLA03001 Course Name: General Introduction to IP Laws

Topics covered
Unit-1
1) Concept & Meaning of Intellectual Property

2) Nature and Characteristics of Intellectual Property

3) Origin and Development of Intellectual Property

4) Kinds of IP : The first look

Name of the Faculty: Sugandha Chaudhary Program Name: LLB

 School of Law
Course Code : BLA03001 Course Name: General Introduction to IP Laws

Concept & Meaning of Intellectual Property

CONCEPT - The creations of the human mind like inventions, literary and artistic works, and symbols, names, images
and designs used in commerce. Therefore, creators are given the right to prevent others from using their inventions,
designs or other creations. These rights are known as intellectual property rights.

MEANING – Intellectual property, very broadly, means the legal property which results from intellectual activity in the
industrial, scientific and artistic fields. The most noticeable difference between intellectual property and other forms of
property, however, is that intellectual property is intangible, that is, it cannot be defined or identified by its own physical
parameters. It must be expressed in some discernible way to be protectable. Generally, it encompasses four separate and
distinct types of intangible property namely — patents, trademarks, copyrights, and trade secrets, which collectively are
referred to as “intellectual property.” However, the scope and definition of intellectual property is constantly evolving with the
inclusion of newer forms under the gambit of intellectual property. In recent times, geographical indications, protection of
plant varieties, protection for semi-conductors and integrated circuits, and undisclosed information have been brought under
the umbrella of intellectual property.

OBJECTIVE - The recognition and rewards associated with ownership of inventions and creative works stimulate
further inventive and creative activity that, in turn, stimulates economic growth.

Name of the Faculty: Sugandha Chaudhary Program Name: LLB

 School of Law
Course Code : BLA03001 Course Name: General Introduction to IP Laws

Nature and Characteristics of Intellectual Property

1. Intangible Property
IP does not cover the created physical object but retains the conceptual development behind the physical object. Intellectual
property law does not deal with the material object in which the works of the mind have represented. The main feature which
distinguishes IP from other types of property is its intangibility. IP is about a person’s ability to produce a new idea and put it
before the public. The product does not have any property as such but the strength, judgment and initiative of the mind that is
included in the product. This generates more theoretical value intangible properties. IPR is awarded in a specific authorship
work, mark, design, etc. for the integration of ideas.
2. Rights and Duties
IP not only gives rise to rights of ownership but also to duties. In relation to his work/product, the IP owner has the right to
conduct such actions. He is entitled exclusively to produce, copy the work, market the work, etc. He has a negative right als o to
rule out the exercise of his statutory rights for third parties. In this way, IPR law grants the proprietor’s exclusive right to
exclusion.
3. Statutory Rights
The right holder is protected by proposals, technical solutions or any other knowledge conveyed in a legally acceptable manne r
and subject in some instances to registration procedures.
4. Territoriality
To order to secure and implement their IPR, developers and inventors of different kinds of IPs have to comply with their
national laws and jurisdictions. The extent of security depends on the national legislation in question.

Name of the Faculty: Sugandha Chaudhary Program Name: LLB

 School of Law
Course Code : BLA03001 Course Name: General Introduction to IP Laws

Nature and Characteristics of Intellectual Property

5. Assignable
They should obviously be granted (licensed), because they are privileges. A dichotomy between rights to intellectual property and
the actual form in which the work is embedded is conceivable. IP may be bought, sold or licensed, employed or affiliated.
6. Dynamism
The IPR is constantly changing. The IP sector is also developing accordingly, as technology in all areas of human activities is
changing exponentially. In accordance with the demand for scientific and technological advancement, the scope of its defence is
being extended and new items are being added to the IPRs sector. The IP system is versatile and features a capacity to develop and
adapt to time requirements. The significance, including legislative, administrative and judicial, of intellectual property and its
operation are well known and expressed in all aspects.
7. Subject to Public Policy
They are exposed to the profound incarnation of public policy. IP seeks to maintain and find a suitable reconciliation betwee n two
competing interests. On one hand, customers try to take up works without much trouble, and on the other hand, the owners of
intellectual rights need to be adequately compensated.
8. Subject Matter of Protection
Intellectual property rights eligibility depends solely on the protection issue. Also, products specifically identified and
acknowledged in the law as the subject of protection are entitled to intellectual property rights.

Name of the Faculty: Sugandha Chaudhary Program Name: LLB

 School of Law
Course Code : BLA03001 Course Name: General Introduction to IP Laws

Origin and Development of Intellectual Property : International

• The intellectual property’s concept is not a new one as Renaissance northern Italy is thought to be
the framework of the intellectual property system. A Venetian Law of 1474 made the first
methodical attempt to protect inventions in a form of patent, which allowed right to an individual
for the first time. The invention of the printing press and movable type by Johannes Gutenberg
around the year 1450, helped in the origin of the first copyright system in the world.
• By the end of 19th century, new creative ways of manufacture aided caused large-scale
industrialization accompanied by fast growth of cities, the investment of capital, expansion of
railway networks, and nationalism led many countries to establish their modern Intellectual
Property laws.
• In this point of time, the International Intellectual Property system also began to take shape with
the creation of the Paris Convention for the Protection of Industrial property in 1883 and the
Berne Convention for the protection of Literary and Artistic Works in 1886.

Name of the Faculty: Sugandha Chaudhary Program Name: LLB

 School of Law
Course Code : BLA03001 Course Name: General Introduction to IP Laws

World Intellectual Property Organization (1967)

• WIPO is a specialized agency of the United Nations.
• It is dedicated to developing a balanced and accessible international intellectual property (IP)
system, which rewards creativity, stimulates innovation and contributes to economic development
while safeguarding the public interest.
• WIPO was established by the WIPO Convention in 1967 with a mandate from its Member States to
promote the protection of IP throughout the world through co-operation among states and in
collaboration with other international organizations.
• Its headquarters are in Geneva, Switzerland.

Name of the Faculty: Sugandha Chaudhary Program Name: LLB

 School of Law
Course Code : BLA03001 Course Name: General Introduction to IP Laws

• The role and importance of the intellectual property protection has been formed in the Trade-
Related Intellectual Property Systems (TRIPS) Agreement, with the establishment of the World
Trade Organization (WTO). At the end of the Uruguay Round of the General Agreement on Tariffs
and Trade (GATT) treaty in 1994, it was negotiated.
• The TRIPS Agreement came into effect on 1st January 1995, is considered till date most complete
multilateral agreement on intellectual property. The areas of intellectual property it covers are as
following:
1. Trademarks which include service marks as well;
2. Industrial designs;
3. Copyright and related rights (i.e. producers of broadcasting organisation, the rights of
performers);
4. Geographical indications which include appellations of origin;
5. The lay-out designs (topographies) of assimilated circuits;
6. The information which are not closed which includes test data and trade secrets;
7. Patents which include protection of new varieties of plants;

Name of the Faculty: Sugandha Chaudhary Program Name: LLB

 School of Law
Course Code : BLA03001 Course Name: General Introduction to IP Laws

Origin and Development of Intellectual Property - INDIA

• In 1485 the first system of protection of intellectual property came in the form on Venetian
Ordinance historically. In England in 1623 it was followed by Statute of Monopolies, which
extended rights of patents for Technology Inventions. In 1760, patent laws were introduced in The
United States. Between 1880 and 1889 patent laws of most European countries were developed. In
the year 1856 in India Patent Act was introduced which remained in force for more than 50 years
which was later modified and revised and was called “The Indian Patents and Designs Act, 1911”.
A complete bill on patent rights was enacted after Independence in the year 1970 and was called
“The Patents Act, 1970”.
• Specific statutes protected only specific type of intellectual output; till very recently only four
forms were protected. The protection was in the form of grant of designs, patents, trademarks and
copyrights. In India, copyrights were regulated under the Copyright Act, 1957; trademarks under
Trade and Merchandise Marks Act 1958; patents under Patents Act, 1970; and designs under
Designs Act, 1911.

Name of the Faculty: Sugandha Chaudhary Program Name: LLB

 School of Law
Course Code : BLA03001 Course Name: General Introduction to IP Laws

The establishment of WTO and India also being signatory to the Agreement on Trade-Related
Aspects of Intellectual Property Rights (TRIPS), many new legislations were passed for the
protection of intellectual property rights to meet the obligations internationally.
These included the following:
• Designs Act, 1911 was changed by the Designs Act, 2000;
• Trade Marks, called the Trade Mark Act, 1999;
• the Copyright Act, 1957 was revised number of times, the latest is known as Copyright
(Amendment) Act, 2012; and
• the amendments made to the Patents Act, 1970 in 2005.
Other than this, plant varieties and geographical indications were also enacted in new legislations.
These are called Geographical Indications of Goods (Registration and Protection) Act, 1999, and
Protection of Plant Varieties and Farmers’ Rights Act, 2001 respectively.

Name of the Faculty: Sugandha Chaudhary Program Name: LLB

 School of Law
Course Code : BLA03001 Course Name: General Introduction to IP Laws

Kinds of Intellectual Property: The first look

1. Trademark

2. Copyright

3. Patent

4. Industrial Design

5. Geographical Indications

6. Layout Designs & Integrated Circuits

7. Trade Secrets

Name of the Faculty: Sugandha Chaudhary Program Name: LLB

 School of Law
Course Code : BLA03001 Course Name: General Introduction to IP Laws

Trademarks
• A trademark is an intellectual property that is
depicted as a visual symbol, label, sign or design
in order to represent a product by a
manufacturer. It helps customers distinguish the
products or services of one company from the
rest. The owner of a trademark may be any entity
viz an individual, company, partnership, or other
groups of persons.

• Trademarks Act, 1999

• Duration of term of protection – 10 years +

renewal after every 10 years

Name of the Faculty: Sugandha Chaudhary Program Name: LLB

 School of Law
Course Code : BLA03001 Course Name: General Introduction to IP Laws

Copyright
• It grants ownership and control to creators of “original” creative works that have been fixed in tangible form. Copyright law does not protect ideas or
concepts. Instead, it protects the creative expression of those original ideas and concepts. Only after an idea has been creatively expressed by fixing
it in a set tangible form, such as a written document or a recording, do copyright rights apply.
• Copyright Act, 1957 - Copyright law specifically recognizes several categories of works that receive protection. Those categories include:
i. literary works
ii. musical works
iii. sound recordings
iv. visual works
v. architectural works
vi. dramatic works
vii. choreography

• Copyright protection in literary, artistic, dramatic and musical work lasts for the lifetime of the creator of the work plus 60 years.

Name of the Faculty: Sugandha Chaudhary Program Name: LLB

 School of Law
Course Code : BLA03001 Course Name: General Introduction to IP Laws
Patent
• 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.
• Patents are not just abstract concepts; they play an invaluable, practical role in
everyday life. By rewarding ideas, patents encourage the development of innovations
and new technologies in every field.
• Patents Act, 1970 - The Act strikes a balance between the rights of the applicant and
his obligation to the society granting the rights.
• Term of patent – 20 years

Name of the Faculty: Sugandha Chaudhary Program Name: LLB

 School of Law
Course Code : BLA03001 Course Name: General Introduction to IP Laws

Industrial Designs
• In a legal sense, an industrial design constitutes the ornamental aspect of an article.
An industrial design may consist of three dimensional features, such as the shape of
an article, or two dimensional features, such as patterns, lines or color.
• Design is where function meets form. From tables to telephones, industrial design is
one of the key factors that attracts us to a product, or leads us to prefer using one
product over another.
• Designs Act, 2000 – 10 years + one time 5 years renewal

Name of the Faculty: Sugandha Chaudhary Program Name: LLB

 School of Law
Course Code : BLA03001 Course Name: General Introduction to IP Laws
Geographical Indications
• A geographical indication (GI) is a sign used on products that have a specific geographical origin and possess
qualities or a reputation that are due to that origin. In order to function as a GI, a sign must identify a product as
originating in a given place. In addition, the qualities, characteristics or reputation of the product should be essentially
due to the place of origin. Since the qualities depend on the geographical place of production, there is a clear link
between the product and its original place of production.

• Examples of GI in India : Darjeeling Tea from West Bengal in 2004 (First GI to get registered) followed by Mysore
Silk in 2005, Kashmiri Pachmina, Phulkari from Punjab in 2011, Nagpur Oranges in 2014, Lucknowi Chikan fabric in
2008, Hyderabadi Haleem in 2010 etc.

• Geographical Indications of Goods (Registration and Protection) Act, 1999 - 10 years + further time to time renewal

Name of the Faculty: Sugandha Chaudhary Program Name: LLB

 School of Law
Course Code : BLA03001 Course Name: General Introduction to IP Laws

Layout Designs & Integrated Circuits

• Integrated circuits – commonly known as “chips” or “micro-chips” – are the electronic circuits in
which all the components (transistors, diodes and resistors) have been assembled in a certain order on
the surface of a thin semiconductor material (usually silicon).
• In modern technology, integrated circuits are essential elements for a wide range of electrical
products, including articles of everyday use, such as watches, television sets, washing machines, and
cars, as well as sophisticated computers, smart phones, and other digital devices. Developing
innovative layout designs of integrated circuits is essential for the production of ever-smaller digital
devices with more functions.
• While the creation of a new layout-design is usually the result of an enormous investment, both in
financial terms and in terms of the time required from highly qualified experts, the copying of such a
layout-design may cost only a fraction of the original investment. In order to prevent unauthorized
copying of layout designs and to provide incentives for investing in this field, the layout design
(topography) of integrated circuits is protected under a sui generis intellectual property system.
• The Semiconductor Integrated Circuits Layout-design Act, 2000 – duration of protection is 10 years.

Name of the Faculty: Sugandha Chaudhary Program Name: LLB

 School of Law
Course Code : BLA03001 Course Name: General Introduction to IP Laws
Trade Secrets
• It may be confidential business information that provides an enterprise a competitive edge.
Usually these are manufacturing or industrial secrets and commercial secrets. These include
sales methods, distribution methods, consumer profiles, and advertising strategies, lists of
suppliers and clients, and manufacturing processes. Contrary to patents, trade secrets are
protected without registration.
• Depending on the legal system, the legal protection of trade secrets forms part of the general
concept of protection against unfair competition or is based on specific provisions or case
law on the protection of confidential information.
• While a final determination of whether trade secret protection is violated or not depends on
the circumstances of each individual case, in general, unfair practices in respect of secret
information include industrial or commercial espionage, breach of contract and breach of
confidence.

Name of the Faculty: Sugandha Chaudhary Program Name: LLB

 School of Law
Course Code : BLA03001 Course Name: General Introduction to IP Laws

References:
1. V.K. Ahuja, “Intellectual Property Rights in India”, 2nd Edition LexisNexis Delhi (2015)

2. W. Cornish and D. Llewelyn, “Intellectual Property: Patents, Copyright, Trademarks and Allied Rights”,
Sweet and Maxwell (8th ed., 2013)

3. N.S. Gopalakrishnan and T.G. Agitha, Principles of Intellectual Property (Eastern Book Company, 2015)

4. https://www.wipo.int/portal/en/index.html

Name of the Faculty: Sugandha Chaudhary Program Name: LLB