COURSE FILE

INTELLECTUAL PROPERTY RIGHTS

AND PATENTS

R13
III B-Tech – I SEMESTER

MECHANICAL ENGINEERING

VIGNAN’S INSTITUTE OF INFORMATION TECHNOLOGY

www.vignaniit.com (Approved by AICTE & Affiliated to JNTUK) Estd. – 2002
NAAC, NBA Accredited & ISO 9001:2008, ISO14001:2004, OHSAS 18001:2007 Certified Institution
 Beside VSEZ, Duvvada, Visakhapatnam-530049. A.P.
Phone : 0891- 2755222 / 333 / 444 :: Fax : 0891 - 2752333 :: E-Mail : vignaniit@yahoo.com
 TABLE OF CONTENT

S.NO. Content Page No.

1 Course Objectives & Outcomes

2 Syllabus

3 Lecture Plan

4 Unit wise course Material (As per given format)

Unit-I: Introduction to Intellectual Property Law

Unit-II: Introduction to Copyrights

Unit-III: Introduction to Patent Law

Unit-IV: Introduction to Trade Mark

Unit-V: Introduction to Trade Secrets

Unit-VI: Introduction to Cyber Law

5 Reference text books/web material etc.,

6 Mid Question Paper + Schemes of Evaluation.

7 Fast track material for Back-Log students.

8 Sample Question Papers with solutions

9 Virtual Labs if required

Mapping of Assignments / Question Papers with course objective learning

10
outcomes.
 11 Bloom’s Taxonomy checklist

1. Course Objectives & Outcomes

1.1. Course Objectives
The objectives of the course are:

 To introduce and educate the engineering students about the intellectual property and the
law governing the same
 Get a holistic understanding of the complexities involved in the process of attributing
intellectual property rights to people.
 Learn the legalities of intellectual property to avoid plagiarism and other IPR relates
crimes like copyright infringements, etc.
 Develop a comprehensive knowledge base for the protection f intellectual property rights
 To update the students in technological advancements and their protection
 To preserve the technological inventions and innovations developed by students in the
subject area concerned

1.2. Course Outcomes

After completing this Course, the student should be able to:

 Give an outline of basics of intellectual property rights

 Explain about the legal aspects of intellectual property

 Extract the knowledge about the technological non corporeal property

 Elucidate the difference between misuse and overuse of intellectual rights

 Give the idea about Patents, Copyrights, Trademarks, Trade secrets and cyber law

 Debate on inventions and discovery of intellectual property rights

 Trace the importance of ownership of intangible property and their rights

 Bring out the entrepreneurial skills of the students with innovations

 Give the meaning of real intellectual property
2. Syllabus
INTELLECTUAL PROPERTY RIGHTS AND PATENTS

- UNIT I
Introduction to Intellectual Property Law – Evolutionary past – Intellectual Property Law Basics - Types of
Intellectual Property - Innovations and Inventions of Trade related Intellectual Property Rights – Agencies
Responsible for Intellectual Property Registration – Infringement - Regulatory – Over use or Misuse of
Intellectual Property Rights - Compliance and Liability Issues.

UNIT II
Introduction to Copyrights – Principles of Copyright – Subject Matters of Copyright – Rights Afforded by
Copyright Law –Copyright Ownership – Transfer and Duration – Right to Prepare Derivative Works –Rights of
- Distribution – Rights of performers – Copyright Formalities and Registration
– Limitations – Infringement of Copyright – International Copyright Law-Semiconductor Chip Protection Act.

- UNIT III
Introduction to Patent Law – Rights and Limitations – Rights under Patent Law – Patent Requirements –
Ownership and Transfer – Patent Application Process and Granting of Patent – Patent Infringement and
Litigation – International Patent Law – Double Patenting – Patent Searching – Patent Cooperation Treaty –
New developments in Patent Law- Invention Developers and Promoters.

- UNIT IV
Introduction to Trade Mark – Trade Mark Registration Process – Post registration procedures – Trade Mark
maintenance – Transfer of rights – Inter parties Proceedings – Infringement – Dilution of Ownership of Trade
Mark – Likelihood of confusion – Trade Mark claims – Trade Marks Litigation – International Trade Mark
Law.

- UNIT V
Introduction to Trade Secrets – Maintaining Trade Secret – Physical Security – Employee Access Limitation –
Employee Confidentiality Agreement – Trade Secret Law – Unfair Competition – Trade Secret Litigation –
Breach of Contract – Applying State Law.

UNIT VI
Introduction to Cyber Law – Information Technology Act - Cyber Crime and E-commerce – Data Security –
Confidentiality – Privacy - International aspects of Computer and Online Crime
-
3. Lecture Plan
Lecture no. Unit Number Topic
1 1 Orientation on Objectives and Outcomes of the course

2 1 Introduction to Intellectual Property and its Law

3 1 Evolutionary past

4 1 Intellectual Property Law Basics

5 1 Types of Intellectual Property

6 1 Innovations and Inventions of Trade related Intellectual Property Rights

7 1 Agencies Responsible for Intellectual Property Registration –

Infringement
8 1 Regulatory – Over use or Misuse of Intellectual Property Rights

9 1 Compliance and Liability Issues

10 2 Introduction to Copyrights

11 2 Principles of Copyright – Subject Matters of Copyright

12 2 Rights Afforded by Copyright Law

13 2 Copyright Ownership – Transfer and Duration

14 2 Right to Prepare Derivative Works - Rights of Distribution

15 2 Rights of performers – Copyright Formalities

16 2 - Registration
– Limitations – Infringement of Copyright
17 2 International Copyright Law

18 2 Semiconductor Chip Protection Act.

19 3 Introduction to Patent Law

20 3 Rights and Limitations – Rights under Patent Law

21 3 Patent Requirements

22 3 Ownership and Transfer

23 3 Patent Application Process and Granting of Patent

24 3 Patent Infringement and Litigation

25 3 International Patent Law – Double Patenting

26 3 Patent Searching – Patent Cooperation Treaty

27 3 New developments in Patent Law-

28 3 Invention Developers and Promoters

29 4 Introduction to Trade Mark

30 4 Trade Mark Registration Process

31 4 Post registration procedures –

32 4 Trade Mark maintenance –

33 4 Transfer of rights –

34 4 Inter parties Proceedings

35 4 Infringement – Dilution of Ownership of Trade Mark

36 4 Likelihood of confusion –

37 4 Trade Mark claims – Trade Marks Litigation –

38 4 International Trade Mark Law.

39 5 Introduction to Trade Secrets

40 5 Maintaining Trade Secret –

41 5 Physical Security –.

42 5 Employee Access Limitation – Employee Confidentiality Agreement –

43 5 Trade Secret Law – Unfair Competition –

44 5 Trade Secret Litigation –

45 5 Breach of Contract –

46 5 Applying State Law

47 6 Introduction to Cyber Law –

48 6 Information Technology Act -

49 6 Cyber Crime and E-commerce –

50 6 Data Security –

51 6 Confidentiality – Privacy -

52 6 International aspects of Computer and Online Crime.

4. Unit-wise course material
4.1. Unit – I - Introduction to Intellectual Property Law

Syllabus

- UNIT I
Introduction to Intellectual Property Law – Evolutionary past – Intellectual Property Law
Basics - Types of Intellectual Property - Innovations and Inventions of Trade related
Intellectual Property Rights – Agencies Responsible for Intellectual Property Registration –
Infringement - Regulatory – Over use or Misuse of Intellectual Property Rights - Compliance
and Liability Issues.

4.1.1 Unit Objectives:

After reading this Unit, you should be able to understand:

 To understand the importance of Intellectual property rights

 To equip the knowledge about inventions and their applicability
 To analyze the usage of Intellectual Property Rights in the real world
 To acquire the knowledge about the agencies responsible for registration of IPR’s
 To know about the possibilities regarding the complaints and issues of IPR’s.

4.1.2. Unit Outcomes:

 List out the different intangible property rights

 Give an outline of Intellectual Property Right

 Explain about the importance of IPR’s in real world

 Extract the basic concepts of IPR and its usage

 Elucidate the difference between corporeal and non corporeal properties and its formalities.

 Give an idea about the registration process of IPR’s

 Debate on tangible and intangible property rights usage

 Trace the formalities required for ownership of Intellectual property

 Bring out the concepts of IPR’s into the usage for Professional Engineer’s
  Give the meaning of TRIPS role in formulating IPR’s

4.1.3 Unit Lecture Plan

Lecture no. Topic Methodology Quick reference
1 Orientation on Objectives and Lecture NA
Outcomes of the course

2 Introduction to Intellectual Property Chalk and talk and Web reference

and its Law PPT
3 Evolutionary past PPT and Video Web reference
4 Intellectual Property Law Basics PPT and Video Web reference
5 Types of Intellectual Property PPT and Video Web reference
6 Innovations and Inventions of Trade Chalk and talk Web reference
related Intellectual Property Rights
7 Agencies Responsible for Intellectual Chalk and talk Web reverence
Property Registration – Infringement
8 Regulatory – Over use or Misuse of Chalk and talk Web reference
Intellectual Property Rights
9 Compliance and Liability Issues Chalk and talk Web reference

4.1.4 Teaching Material / Teaching Aids as per above lecture plan.

4.1.4.1 Lecture-1
Examples include (Repeat the below for all lectures)

 Include / Attach PPT / Handout (typed)

 Provide Seminar details (Title, mode of student participation, duration,

outcomes)

 Add a snapshot of models used

 Any other innovative teaching methodologies

 Include case study if applicable

 Any internet links / video lecture links relevant to the lecture

 Any other relevant material / links / journal publications / videos /

experiments etc.
Orientation on Subject Objectives:
After reading this Unit, you should be able to understand:

 To understand the importance of Intellectual property rights

 To equip the knowledge about inventions and their applicability
 To analyze the usage of Intellectual Property Rights in the real world
 To acquire the knowledge about the agencies responsible for registration of IPR’s
 To know about the possibilities regarding the complaints and issues of IPR’s.

Orientation on Subject Outcomes:

 List out the different intangible property rights

 Give an outline of Intellectual Property Right

 Explain about the importance of IPR’s in real world

 Extract the basic concepts of IPR and its usage

 Elucidate the difference between corporeal and non corporeal properties and its formalities.

 Give an idea about the registration process of IPR’s

 Debate on tangible and intangible property rights usage

 Trace the formalities required for ownership of Intellectual property

 Bring out the concepts of IPR’s into the usage for Professional Engineer’s

 Give the meaning of TRIPS role in formulating IPR’s

Include / Attach PPT / Handout (typed) - Provided

Provide Seminar details (Title, mode of student participation, duration, outcomes) – Make
student think about the intellectual property rights course

Add a snapshot of models used – NA

Any other innovative teaching methodologies – NA

Include case study if applicable- NA

Any internet links / video lecture links relevant to the lecture-

http://study.com/academy/lesson/what-is-intellectual-property-law-definition-and-rights.html

Any other relevant material / links / journal publications / videos / experiments etc.-NA

4.1.4.2 Lecture-2
Orientation on the intellectual property rights
 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
 Types of intellectual property
 Scope of intellectual property
 Rules governing IPR and regulatory bodies of IPR national and international

The Concept of Intellectual Property

 Intellectual property, very broadly, means the legal property which results from intellectual
activity in the industrial, scientific and artistic fields. Countries have laws to protect
intellectual property for two main reasons. One is to give statutory expression to the moral
and economic rights of creators in their creations and such rights of the public in access to
those creations. The second is to promote, as a deliberate act of government policy,
creativity and the dissemination and application of its results and to encourage fair trading
which would contribute to economic and social development.
 Generally speaking, IP law aims at safeguarding creators and other producers of intellectual
goods and services by granting them certain time- limited rights to control the use made of
those productions. These rights do not apply to the physical object in which the creation
may be embodied but instead to the intellectual creation as such. IP is traditionally divided
into two branches: “industrial property and copyright”. The convention establishing the
World Intellectual Property Organization (WIPO), concluded in Stockholm on July 14, 1967
(Art. 2(viii) provides that

“Intellectual property shall include rights relating to:

1) Literary, artistic and scientific works:

2) Performances of performing artists, phonograms and broadcasts;

 3) Inventions in all fields of human behaviour;

4) Scientific discoveries;

5) Industrial designs;

6) Trademarks, service marks, and commercial names and designations;

7)Protection against unfair competition and all other rights resulting from intellectual
activity in industrial scientific, literary or artistic fields”.

 The areas mentioned under (1) belong to the copyright branch of intellectual property. The
areas mentioned in (2) are usually called “neighbouring rights”, that is, rights neighbouring
on copyright. The areas mentioned under 3, 5 and 6 constitute the industrial property branch
of IP. The areas mentioned may also be considered as belonging to that branch.
 The expression industrial property covers inventions and industrial designs. Simply stated,
inventions are new solutions to technical problems, and industrial designs are aesthetic
creations determining the appearance of industrial products. In addition, industrial property
includes trademarks, service marks, commercial names and designations, including
indications of source and appellations of origin, and protection against unfair competition.
Hence the aspect of intellectual creations -although existent -is less prominent, but what
counts here is that the object of industrial property typically consists of signs transmitting
information to consumers, in particular, as regards products and services offered on the
market, and that the protection is directed against unauthorized use of such signs which is
likely to mislead consumers and misleading practices in general.
 Scientific discoveries are not the same as inventions. The general treaty on the international
recording of scientific discoveries /1978/ defines a scientific discovery as ‘the recognition of
phenomena, properties or laws of the material universe not hitherto recognized and capable
of verification. “(Art. 1(1)(i)). Inventions are new solutions to specific technical problems.
Such solutions must, naturally rely on the properties or laws of the materials universe
/otherwise they could not be materially or ‘technically’ applied/, but those properties or laws
need not be properties or laws’ not hitherto recognized’. An invention puts to new use, to
new technical use, the said properties or laws, whether they are recognized (“discovered”)
simultaneously with making the invention or whether they were already recognized
(“discovered”) before and independently from the invention.
 Industrial and cultural development may be favoured by stimulating creative activity and
facilitating the transfer of technology and the dissemination of literary and artistic works. In
the Ethiopian legal system to the protection of intellectual property rights is afforded at
constitutional level. The FDRE Constitution recognizes that every Ethiopian citizen has the
right to ownership of private property with certain restrictions. Article 40(2) defines private
property as any tangible or intangible product which has value and is produced by the labor,
creativity, enterprise or capital of an individual citizen, associations which enjoy juridical
personality under the law. Thus, the constitution declares protection for every property
whether it is tangible or intangible. That means protection is afforded equally for intellectual
property rights as any other property since they are intangible products.
 It is difficult to determine what types of ownership we should allow for non corporeal,
intellectual objects, such as writings, inventions and secret business information. There are
intellectual properties which are not products of the mind. For instance, all trademarks are
not products of the mind. Trademarks creation does not necessarily require intellectual
activity. The same holds true for geographic indication. They don’t require the work of the
mind like patent and copyright.
 IP is a bundle of legal rights resulting from intellectual creativity in industrial, scientific,
artistic and literary fields. This definition is from the point of view of rights. IP is legal
protection accorded to works of the mind in distinction from manual work (result of
physical labour). It is a legal protection accorded to incorporeal ownership.

 Include / Attach PPT / Handout (typed) - Provided

 Provide Seminar details (Title, mode of student participation, duration,
outcomes) – Make student think about the intellectual property rights
 Add a snapshot of models used –

 Any other innovative teaching methodologies – PPT

 Include case study if applicable- Discussed at the end of the Unit

  Any internet links / video lecture links relevant to the lecture-
http://study.com/academy/lesson/what-is-intellectual-property-law-definition-and-
rights.html
 Any other relevant material / links / journal publications / videos /
experiments etc.-
http://www.abyssinialaw.com/study-on-line/item/467-concept-scope-and-nature-
of-intellectual-property-rights

4.2.1.1 Lecture-3
EVOLUTION:

• The laws and administrative procedures relating to IPR have their roots in Europe.

• The trend of granting patents started in the fourteenth century. In comparison to other
European countries, in some matters England was technologically advanced and used to
attract artisans from elsewhere, on special terms.

• The first known copyrights appeared in Italy.

• Venice can be considered the cradle of IP system as most legal thinking in this area was
done here; laws and systems were made here for the first time in the world, and other
countries followed in due course.

• Patent act in India is more than 150 years old. The inaugural one is the 1856 Act, which
is based on the British patent system and it has provided the patent term of 14 years
followed by numerous acts and amendments.

History:

• The need for a system arose when foreign exhibitors refused to attend an International
Exhibition of Inventions in Vienna in 1873 because they were afraid that their ideas
would be stolen and will be emulated in other countries.

• 1883 - Paris Convention for the Protection of Industrial Property.

• 1886 - Berne Convention for the Protection of Literary and Artistic Works. It gave rights
to control, and receive payment for, the use of literary and artistic works.

• Both Conventions set up International Bureaus to carry out administrative tasks, such as
organizing meetings of the Member States.
 • 1893 - United International Bureaus for the Protection of Intellectual Property - best
known by its French acronym, BIRPI.

BIRPI was the predecessor of what is today known as the World Intellectual Property
Organization or WIPO.

Treaties:

• There are 21 international treaties in the field of intellectual property, which are
administered by WIPO.

• The treaties fall into three groups namely

• treaties, which establish international protection

• treaties, which facilitate international protection and

• Treaties, which establish classification systems.

• 1994 Uruguay round - Agreement on Trade-Related Aspects of Intellectual Property

Rights (TRIPs) and Agreement on Trade Related Investment Measures (TRIMs) by
WTO (then GATT).

• 1996 - An Agreement between WIPO and the WTO provides for cooperation concerning
the implementation of the TRIPS Agreement, such as notification of laws and
regulations, and legislative assistance to member countries.

• Include / Attach PPT / Handout (typed) - Provided

• Provide Seminar details (Title, mode of student participation, duration, outcomes) –
Make student think about the intellectual property rights
• Add a snapshot of models used –
 • Any other innovative teaching methodologies – PPT

• Include case study if applicable- Discussed at the end of the Unit

• Any internet links / video lecture links relevant to the lecture-

https://www.youtube.com/watch?v=ZiXUTYBO-H4

• Any other relevant material / links / journal publications / videos / experiments etc.-
NA:
http://www.ncbi.nlm.nih.gov/pmc/articles/PMC3217699/

4.2.1.2 Lecture-4
INTELLECTUAL PROPERTY RIGHTS

PROPERTY:

Any thing that can be owned is called as property. Property in its wider sense constitutes
all proprietary rights belonging to a person and does not include personal right. Important
characteristics of the property are possession, enjoyment and transferability.

– Kinds of property:

1. Corporeal Property (Tangible property)

- Movable

- Immovable (real and personal)

2. Incorporeal Property (Intangible property)

It is also called as “Intellectual Property” or Conventional property. It has

gained the importance in the recent trend.

Definition: What is Intellectual Property?

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.

IP is protected in law by, for example, patents, copyright and trademarks, which enable people to
earn recognition or financial benefit from what they invent or create. By striking the right
balance between the interests of innovators and the wider public interest, the IP system aims to
foster an environment in which creativity and innovation can flourish.

What are intellectual assets?

Intellectual assets are what we call "intangible" assets. They include inventions, new
technologies, new brands, original software, novel designs, unique processes, and much more.
These assets have value in the marketplace very much like tangible assets, or assets that you can
hold in your hand.

In today's knowledge-based economy, it is crucial that you use your intellectual assets
strategically as you run your business. If you protect them, they can give your business a
competitive advantage over other players in the market. You intellectual assets have the potential
to make you a great deal of money.
How to protect your intellectual assets

Your competitors could be tempted to capture some of your intellectual assets, unless you
properly protect those assets.

In Canada, you can protect your intellectual property by submitting applications for a patent, a
trademark, an industrial design or for the registration of a copyright with us—whichever applies
to your situation. Contact us if you need help.

Patents give you exclusive rights to your innovations

A patent is granted to you by the government. It gives you the right to exclude others from
making, using or selling your invention. Your Canadian patent applies within Canada for 20
years from the date you file the application. The patent application is available to the public 18
months after you file it. Patents cover new inventions (process, machine, product, composition of
matter) or any new and useful improvement to an existing invention. What is a patent?

Industrial designs relate to the visual appearance of a product

An industrial design is the visual features of shape, configuration, pattern or ornament, or any
combination of these features, applied to a finished article. For example, the shape of a table or
the shape and decoration of a spoon may be industrial designs. An industrial design must have
features that appeal to the eye. To be eligible for registration, your design must be original. What
is an industrial design?

Trademarks distinguish your product or service

A trademark may be one or a combination of words, sounds or designs used to distinguish the
goods or services of one person or organization from those of others in the marketplace. What is
a trademark?

Copyright gives you the right to copy a work

In general, a copyright is the sole right to produce or reproduce a work or a substantial part of it,
in any form. It includes the right to perform the work or any substantial part of it or, in the case
of a lecture, to deliver it. If the work is unpublished, copyright includes the right to publish the
work or any substantial part of it. Copyright provides protection for literary, artistic, dramatic or
musical works (including computer programs) and other subject matter known as performer's
performances, sound recordings and communication signals. What is copyright?

Trade secrets include your valuable business information

A includes any valuable business information that derives its value from the secrecy. Trade
secrets include various assets such as sales methods, distribution methods, customer profiles,
client lists, supplier lists, product ingredients and formulas, etc. What is a trade secret?
 Include / Attach PPT / Handout (typed) - Provided

 Provide Seminar details (Title, mode of student participation, duration, outcomes) – Interactive mode
of student participation is required

 Add a snapshot of models used

 Any other innovative teaching methodologies: PPT

 Include case study if applicable: Discussed at the end of the Unit

 Any internet links / video lecture links relevant to the lecture

https://www.youtube.com/watch?v=ukQ5YF8dydo

 Any other relevant material / links / journal publications / videos / experiments etc.

http://www.abyssinialaw.com/study-on-line/item/467-concept-scope-and-nature-of-intellectual-
property-rights
4.2.1.3 Lecture-5

Intellectual Property (IP) refers to the creations of the human minds for which exclusive rights
are recognised. Innovators, artistes and business owners are granted certain exclusive rights to a
variety of intangible assets for a specified duration.

For example:

 Business owners are granted exclusive rights on the use of their trademarks and
geographical indications which were established by them;
 Creative artistes are granted copyrights on musical, literary, dramatic and artistic works
for their creations; while
 Innovators are granted protection for their patents, industrial designs, trade secrets,
confidential information, and layout-designs of integrated circuits for their innovations.

IP is an intangible asset to a company. It gives business partners and financial institutions the
confidence to invest in or collaborate with the organisation.

In addition to protecting their creation, business owners can maximise the value of their IPs in
many ways. They can franchise, license out or transact their IP.

Types of Intellectual Property rights

• Copyrights - a legal concept giving the creator of an original work exclusive rights to it,
usually for a limited time.
• Trademarks - a distinctive sign or indicator used by an individual, business
organization, or other legal entity to identify those products or services to consumers
• Patents - a set of exclusive rights granted by a sovereign state to an inventor for a limited
period of time in exchange for the public disclosure of an invention.
• Industrial design rights - protects the visual design of objects that are not purely
utilitarian.
• Geographical Indication - place names (in some countries also words associated with a
place) used to identify the origin and quality, reputation or other characteristics of
products
• Trade Secrets

A patent is a right granted to the owner of an invention that prevents others from making, using,
importing or selling the invention without his permission.

A patentable invention can be a product or a process that gives a new technical solution to a
problem. It can also be a new method of doing things, the composition of a new product, or a
technical improvement on how certain objects work.
Once it is granted, its term of a patent is 20 years from the Date of Filing, subject to the payment
of annual renewal fees.

The benefits of registering a patent

Once you register a patent, apart from using the patent to prevent others from exploiting your
invention, you can employ it to raise funds for your business, license it to third parties for
commercial returns or sell the patented invention.

For an invention to be patentable, it must, in general, satisfy three key criteria:

1. New – The invention should not be publicly known in any way, anywhere in the world.

Owners of inventions should be careful to keep the invention secret until a patent application has
been successfully made. If the idea has already been talked about, commercially exploited,
advertised or demonstrated, then the novelty of the invention may be compromised.

If the invention needs to be disclosed to a third party before a patent application has been made,
a non-disclosure agreement should be drawn up.

Once a Date of Filing has been obtained for the patent application, the invention can claim a
"Patent Pending" status and the applicant can proceed to disclose the invention as indicated in the
patent application to interested parties. As part of the application process, the patent application
will be published after 18 months and if the statutory requirements are met. Once published,
details of the invention will be made available for public inspection.

2. Inventive step – The invention must be something that represents an improvement over any
existing product or process that is already available.

The improvement must not be obvious to someone with technical skills or knowledge in the
invention’s particular field. If an invention is new yet obvious to a person skilled in the art, the
invention would not fulfil the inventive step requirement.

3. Industrial application – The invention must be useful and have some form of practical
application. It should be capable of being made or used in some form of industry.

The following is not a patentable invention:

 An invention of a method for the treatment of the human or animal body by surgery or
therapy, or of a diagnosis practiced on the human or animal body.
 An invention that could encourage offensive, immoral or anti-social behavior, even if it
satisfies the key criteria for patents.
A trade mark is a sign that you can use to distinguish your business’ goods or services from those
of other traders.

A trade mark can be represented graphically in the form of your company’s logo or a signature.

Through a registered trade mark, you can protect your brand (or “mark”) by restricting other
people from using its name or logo.

Once acquired, a trade mark can last indefinitely as long as you renew it every 10 years. Because
a registered trade mark is a form of IP, you can license or assign it to others.

The benefits of registering a trade mark

It is not compulsory to register a trade mark in Singapore.

For a mark that is not registered, you may rely on your rights under the common law action of
"passing off" to protect your mark against imitation or infringement.

However, if you register a trade mark in relation to your goods and/or services, you are
effectively gaining a statutory monopoly of your mark. A trade mark can add value to your
business because it can be used to protect your market share, you can license it to third parties
such as a franchisee, or you can sell it outright for a specified value. You can also use a trade
mark to help you to raise equity for the development of your business.

Trade Mark Classification

Singapore uses the International Classification of Goods and Services, under the Nice
Agreement, to classify trade mark registrations. This classification sets out 34 different classes of
goods and 11 classes of services that a trader can register in relation to a mark. The full list of
classes can be found here.

The following can be registered as a trade mark but a mark must be distinctive and capable of
distinguishing your goods or services from similar ones of other traders:

 letters
 words
 names
 signatures
 labels
 devices
 tickets
 shapes
 colors

or any combination of these elements.

The following are some common examples of marks that cannot be registered as a trade mark:

 Marks that are descriptive (e.g. super, best, cheap, one dozen)
 Marks that are common to your trade (ones that have become well accepted in relation to
your trade and do not distinguish the goods or service you are offering)
 Marks that could offend or promote immoral behaviour
 Deceptive marks (ones that could misrepresent the nature, quality or geographical origin
of the goods or services)
 Marks that are identical to earlier marks
 Marks that could cause confusion (similar or identical to an earlier mark and in relation to
similar or identical goods or services provided by the owners of the earlier mark)
 Marks that are identical or similar to Well Known Marks

You can check whether the mark you wish to register is similar or identical to an earlier mark via
e-filing.

Trade mark symbols

If you successfully register a trade mark, you are permitted to use the ® symbol next to your
mark. Another common symbol associated with trade mark is ™ − this denotes that the mark is
being used by the company as their trade mark but it does not mean that the mark is registered or
protected under the trade mark law.

Other marks

There are a number of other types of marks that you might find are appropriate for your business.

 Certification marks
This mark is granted to people who wish to certify the characteristics of a particular
goods or service. The certification can relate to the origin, material or mode of
manufacture of the goods, or the performance, quality or accuracy of a service. By
applying for a certification mark, goods and services are easily distinguishable from other
non-certified goods or services on the market. For example, if your product is organic,
you may be in a position to use a certified organic mark on your packaging.

 Collective marks
This is a sign that is used to distinguish the goods and services offered by an association
or group of traders from those being offered by non-members of the association. Once
registered, all members of the group can use the collective mark; it is an effective way to
indicate that your business is a member of a wider group of traders.
  Government agency marks (Rule 13)
IPOS has a separate database for all logos or devices that are used by government
agencies. These may not be registered marks if the agency isn’t providing goods or
services. However, if you are looking to register a logo that might be similar to one being
used by a government agency, you will need to seek permission from that particular
organization before you utilize it.

Copyright protects works like novels, computer programmes, plays, sheet music and paintings.
Generally, the author of a copyright work has the right to reproduce, publish, perform,
communicate and adapt his work. These exclusive rights form the bundle of rights that we call
copyright and enable the owner to control the commercial exploitation of his work.

What is protected by copyright?

Copyright protects the expression of ideas (e.g. words and illustrations). Ideas alone are not
protected.

The following may be protected under copyright law:

 Literary works (e.g., written works, source codes of computer programs)

 Dramatic works (e.g.,. scripts for films and dramas)
 Musical works (e.g., melodies)
 Artistic works (e.g., paintings, photographs)
 Published editions of the above works
 Sound recordings
 Films
 Television and radio broadcasts
 Cable programs
 Performances

What is not protected by copyright?

Subject matter not protected by copyright includes:

 Ideas or concepts
 Discoveries
 Procedures
 Methods
 Works or other subject matter that have not be made in a tangible form in a recording or
writing
 Subject matter that is not of original authorship

Copyright and registered designs

When an artistic work, such as a drawing or a sculpture, is applied to a product and industrially
produced (i.e. more than 50 copies of the products are produced), the copyright protection will
no longer cover that artistic work. It may be protected as a registered design under the Registered
Designs Act (Cap. 266), if the registration criteria are met.

For more information on registered design and its registration criteria, please see Registered
Designs.

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BASICS OF
INTELLECTUAL PROPERTY LAW. ppt

Include case study if applicable: Discussed at the end of the Unit

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https://www.youtube.com/watch?v=SjDhWtsGSes
Any other relevant material / links / journal publications / videos / experiments etc.

http://www.ipos.gov.sg/AboutIP/TypesofIPWhatisIntellectualProperty.aspx

4.2.1.4 Lecture-6

Innovations and inventions of Trade related intellectual property rights:

Trade Related Intellectual Property Rights (TRIPs) was added to the General Agreement on
Tariffs and Trade (GATT) treaty at the end of the Uruguay Round of trade negotiations in 1994.
After the Uruguay round, the GATT became the basis for the establishment of the World Trade
Organization. Therefore, when GATT was succeeded by WTO in 1995, and all the members of
WTO had to sign an agreement related to Intellectual Property Rights if it was interested in
multi-lateral trading and also enact mandatorily some regulations related to it in the domestic
system. The TRIPs agreement is a special agreement which introduced intellectual property law
into the international trading system for the first time, and it remains the most comprehensive
and all inclusive international agreement on intellectual property to date.

The TRIPs Agreement tries to bring in uniformity in the standards of intellectual property rights
among the WTO irrespective of their development status. While this is expected to result in
technology transfer and flow of investment among the Members, the extent of benefits accruing
will depend on domestic industries and the status of development of the countries.

What is TRIPs?

Having defined and classified IP, let us now look at TRIPs: The Agreement on Trade-Related
Aspects of Intellectual Property Rights (TRIPs) is an international treaty administered by the
World Trade Organization (WTO) which sets down minimum standards for most forms of
intellectual property (IP) regulation within all member countries of the World Trade
Organization.

TRIPs deals with the following IPRs

 Copyright and related rights;

 Patents;
 Trademarks;
 Geographical indications, including appellations of origin;
 Industrial designs;
 Integrated circuit layout-designs;
 Protection of undisclosed information
  Control of anti-competitive practices in contractual licenses

TRIPs also specifies enforcement procedures, remedies, and dispute resolution procedures.

WTO specifies the three main features of the Agreement as;

 Standards: In respect of each of the main areas of intellectual property covered by the
TRIPS Agreement, the Agreement sets out the minimum standards of protection to be
provided by each Member. Each of the main elements of protection is defined, namely
the subject-matter to be protected, the rights to be conferred and permissible exceptions
to those rights, and the minimum duration of protection.
 Enforcement: The second main set of provisions deals with domestic procedures and
remedies for the enforcement of intellectual property rights. The Agreement lays down
certain general principles applicable to all IPR enforcement procedures.
 Dispute settlement: The Agreement makes disputes between WTO Members about the
respect of the TRIPS obligations subject to the WTO's dispute settlement procedures.

Under TRIPs, all countries have to provide for protection of product patents from January 1,
1995. But developing countries like India, which did not have a regime of product patents, had a
transition period of ten years-until January 1, 2005, to affect the switch over. During this
transition period, it was decided that these economies would accept applications for patents
(which would be considered and granted after January 2005) and provide EMR (Exclusive
Marketing Rights) for the producers of patented drugs (in the pharmaceutical industry) and
agrochemicals.

Comparison of India's Patent Act and TRIPs

Indian Patent Act of 1970 TRIPs

Only process not product patents in food, Process and product patents in almost all
medicines, chemicals fields of technology
Term of patents 14 years; 5-7 in chemicals, Term of patents 20 years
drugs
Compulsory licensing and license of right Limited compulsory licensing, no license of
right
Several areas excluded from patents (method Almost all fields of technology patentable.
of agriculture, any process for medicinal Only area conclusively excluded from
surgical or other treatment of humans, or patentability is plant varieties; debate
similar treatment of animals and plants to regarding some areas in agriculture and
render them free of disease or increase biotechnology
economic value of products)
Government allowed to use patented Very limited scope for governments to use
invention to prevent scarcity patented inventions

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https://www.wto.org/english/tratop_e/trips_e/intel2_e.htm

4.2.1.5 Lecture-7

Agencies responsible for IP Registration:

Ministry of Commerce & Industry

Department of Industrial Policy and Promotion (DIPP)

The Department of Industrial Policy and Promotion under the Ministry of Commerce &
Industry is responsible for Intellectual Property Rights relating to Patents, Designs, Trade Marks
and Geographical Indication of Goods and oversees the initiative relating to their promotion and
protection. These include the outlining of policy and its implementation through the Office of the
Controller General of Patents, Designs and Trade Marks. It promotes awareness regarding
protection of the Intellectual Property Rights inherent in industrial property in conjunction
with the World Intellectual Property Organization (WIPO) and apex industry organizations
apart from similar initiatives involving regional industry associations. It also provides inputs on
various issues relating to the Agreement on Trade Related Aspects of Intellectual Properties
(TRIPS) related to World Trade Organization (WTO) in these fields. The Department
undertakes technical cooperation programmes with the World Intellectual Property Organization
(WIPO), Geneva for the modernization and up gradation of intellectual property administration
relating to patents, designs, trademarks and geographical indications and the organization of
Human Resource Development and awareness generation activities in the country.

The major initiatives by the Department this year include modernization of IP infrastructure and
establishment of new integrated offices in Delhi, Kolkata, Chennai and Mumbai. A programme
costing Rs.153 crore has been implemented in the 10th Five Year Plan. The programme focused
on: Infrastructure development; computerization; human resource development; training and
awareness. Further modernisation of IP Offices to provide additional human resources, higher
level of computerisation to support on-line processing, strengthening of data-base and novelty
search facilities, awareness generation activities, accession to international treaties/conventions
is being taken up in 11th Five Year Plan. The Department has introduced e-filing facility for
patent and trademark applications. Along with the legislation, rules have also been amended to
install a user-friendly system for processing of IP applications. All rules and forms are available
on the website: www.ipindia.nic.in.

These initiatives along with the legislative reforms which were already in place have resulted in
increase in filing of patent applications from 4824 in the year 1999-2000 to 28,882 applications
in the year 2006-2007. The number of applications examined has also gone up to 14,119 in
2006-07 against the figure of 2824 in the year 1999-2000. A total of 7359 patents have been
granted in 2006-07.

Copy Right Office:

4th Floor, Jeevan Deep Building

Parliament Street
New Delhi - 110001
Telephone No. : +91-11-23362436

Patents Office:

Shri V. Ravi

Controller General of Patents, Designs & Trade Marks

Bhoudhik Sampada Bhavan,
Near Antop Hill Head Post Office,

S.M. Road, Antop Hill, Mumbai-400037,

Phones : 022-24123311, Fax : 022-24123322
Web site : www.ipindia.nic.in
Patent Offices
Address Contact Persons
The Patent Office,
i)Dr.P.C.Chakraborty
Intellectual Property Office Building, Deputy Controller of
Patents & Designs
CP-2 Sector V, Salt Lake City,Kolkata-700091,
ii) Dr. Amitava
Phone : 23671945, 1946, 1987, FAX-033-2367-1988,
Chakraborty
Email:- kolkata-patent@nic.in
Assistant Controller of
Patents & Designs

The Patent Office, i) Shri K.M.Viswanathan

Deputy Controller of
Intellectual Property Office Building, Patents & Designs
G.S.T. Road, Guindy, Chennai-600032, ii) Shri V. Rengasamy
Phone: 044-22502081-84 FAX: 044-22502066,
Email: chennai-patent@nic.in Deputy Controller of
Patents & Designs
TThe Patent Office, i) Shri P.K. Patni
Intellectual Property Office Building,
Plot No. 32, Sector 14, Dwarka, Deputy Controller of Patents
New Delhi-110075, & Designs
Phone : 011-28034304, 28034305, 28034306 ii) Shri Hardev Karar
FAX:011-28034301, 28034302
Email: delhi-patent@nic.in Assistant Controller of
Patents & Designs
The Patent Office i) Dr. W. M. Dhumane,
Boudhik Sampada Bhawan,
Near Antop Hill Post Office, S.M.Road, Joint Controller of Patents
Antop Hill, MumbaiI - 400 037. & Designs
Phone : 24137701, 24141026, 24150381, 24148165, 24171457 ii) Shri Rakesh Kumar
FAX : 24130387
EMAIL: mumbai-patent@nic.in Assistant Controller of
Patents & Designs

Designs Wing of the Patent Office

The Patent Office(Designs Wing),

Intellectual Property Office, i) Shri D.K.Rahut

CP-2 Sector V, Salt Lake City, Kolkata-700091 Deputy Controller of

Phone No. 033-23671945-46, 23671987 Patents & Designs
FAX-033-23671988, Email:- kolkata-patent@nic.in
ii) Shri G.P. Roy
Note : Application for Design can also be received by any of Assistant Controller of
the Patent Office located at New Delhi, Chennai & Mumbai. Patents & Designs

Trade Marks Registry

Office of the Trade Marks Registry, Smt. Ratan Shalya,
Asstt.Regisrar of Trade
Bhoudhik Sampada Bhavan, Marks

Near Antop Hill Head Post Office,

S.M. Road, Antop Hill, Mumbai-400037,

Phone: 022-24123366 Fax: 022-24123355

Email : tmrmum@bom5.vsnl.net.in
Trade Marks Registry, Shri M.H. Mahendra
Joint Registrar of Trade
Intellectual Property Office Building, Marks
CP-2 Sector V, Salt Lake City, Kolkata 700091,
Phone : 033-23675975, 23672848, 23677307,Fax : 033-
23677311,
Email : tmrcalbr@cal2.vsnl.net.in

Trade Marks Registry, (1)Shri D.S. Bansod

Deputy Registrar of Trade
Intellectual Property Office Building, Marks
Plot No. 32, Sector 14, Dwarka, New Delhi 110 0075,
Phone: 011-28032406, 28031186, 28031208, (2) Shri G.L. Verma,

28031221, 28032382, 28032773 Deputy Registrar of Trade

Marks
Fax : 28032381
Email : tmrdel@ndf.net.in

Trade Marks Registry, Chennai N.D. Kastruri

Intellectual Property Office Building Deputy Registrar of

Trade Mark
G.S.T. Road, Guindy, Chennai 600032,
Direct. 044-22502041, Tele-Fax : 044-22502042
Email: tmrchennai@nic.in
Trade Marks Registry, Ahmedabad Shri Amar Prakash,

National Chambers, 15/27, 1st floor, Deputy Registrar of Trade

Ashram Road, Ahmedabad 380009, Marks
Phone: 079-26580567, 26587193, Fax :079-26586763,
Email : tmrahm@ad1.vsnl.net

Geographical Indications Registry

Geographical Indications Registry,
Shri. V. Natrajan
Intellectual Property Office Building,G.S.T. Road, Guindy, Assistant Registrar of
Chennai 600032, Geographical Indications
Phone : 044-22502091 - 93, 22502098,

Fax: 044-22502090
Email: gir-ipo@nic.in
 National Institute for Intellectual Property Management (NIIPM)
National Institute for Intellectual Property Management
(NIIPM) 1. Dr. W.M. Dhumane

Joint Controller of
CGO complex, C Block, Seminary Hills, Nagpur, Maharashtra - Patents and Designs
440006
2. Smt. C. D. Satpute
Phone: (91) (0712) 2511380,2512040,2510088,2410535
Senior Documentation
Fax: (91) (0712) 2512040 / 2510186 Officer

3. Pankaj P. Borkar,
Email: niipm.ipo@nic.in , ipti-mh@nic.in ,
Examiner of Patents and
Designs

Trademarks:

Address of the Designated Officer Name and Phone No., Fax No. and e-
Office under RTI Designation mail id
Trade Marks Central Public Shri V. D. Abhyankar, Ph. No. 022-24123377
Registry, Information Officer
Boudhik Sampada Hindi Officer Fax No. 022-24140808
Bhawan, S. M. Road,
mumbai.tmr@nic.in
Antop Hill, Central Assistant Shri H. A. Mhatre,
Public Information
Mumbai - 400 037 Officer Assistant Examiner of
Trade Marks and GI
Trade Marks Central Public Shri Y. K. Bali,, Ph. No. 011-28032406
Registry, Intellectual Information Officer Fax No. 011-28032381
Property Office Senior Examiner of
Building, Dwarka, Trade Marks and GI ykbali.tmr@nic.in
Central Assistant Shri F. Minj,
Plot No. 32, Sector Public Information Administrative Officer
14, New Delhi- Officer
110075
Trade Marks Central Public Smt. Ratan Shalya, Ph. No. 033-23675103
Registry, Intellectual Information Officer Assistant Registrar of Fax No. 033-23677311
Property Office Trade Marks and GI
Building, ratan.shalya@nic.in
CP-2 Sector Central Assistant Shri S. K. Nandy,
V, Salt Lake Public Information Assistant
 Officer Superintendent
City,
Kolkata-700091
Trade Marks Central Public Shri M. Mohammed Ph. No. 044-22502081
Registry, Information Officer Habibulla, Senior Fax No. 044-22502046
Intellectual Property Examiner of Trade
Office Building, Marks and GI mm.habibulla@nic.in
G.S.T. Road, Guindy,
Chennai-600032 Central Assistant Shri K. Saravanan,
Public Information Stenographer Grade I
Officer
Trade Marks Central Public Shri S. B. Palo, Ph No. 079-26580567
Registry, Information Officer Fax No. 079-26586763
15/27, National Assistant Registrar of
Chambers, 1st Floor, Trade Marks and GI sb.palo@nic.in
Ashram Road,
Ahmedabad-380009 Central Assistant Shri K. R. Raval,
Public Information
Officer Assistant Examiner of
Trade Marks and GI

Trade Secrets:

Trade Secrets: Their position and protection in India

Position of Trade Secrets in India

Trade Secrets seems to be a neglected field in India, as there is no enactment or policy
framework for the protection of trade secrets. This form of intellectual property is a new entrant
in India, but is nevertheless a very important field of IP. Protection of trade secrets is a very
important and one of the most challenging tasks for the Indian government as this will enhance
the foreign investment in India giving a boost to the Indian economy. Foreign investors have to
be assured of the protection of their trade secrets, so that they can do business with our country.
A proper policy for trade secret protection will further enhance the security in our own industry.
Almost all the countries in the world have a policy for the protection of trade secrets and India
also being a signatory to the TRIPS is under an obligation to amend its laws or create a new law
in order to safeguard the trade secrets of various businesses. So a proper policy for the protection
of trade secrets in India is the need of the hour in order to provide a sense of security among the
foreign investors and the local businessmen regarding their trade secrets which will further boost
the Indian economy

Protection of Trade Secrets in India

As mentioned above, in India, no substantive authoritative text or case laws are available to
determine the nature or ambit of trade secrets. But the Indian courts have tried putting the trade
secrets of various businesses under the purview of various other legislations in order to protect
them and also they have tried to define what a trade secret is in various cases, some of them are
as follows:-
1. American Express Bank Ltd. v. Ms. Priya Puri [1] Delhi High Court, in this case defined trade
secrets as “… formulae, technical know-how or a peculiar mode or method of business adopted
by an employer which is unknown to others.”
2. Michael Heath Nathan Johnson v. Subhash Chandra And Ors[2] and John Richard Brady And
Ors v. Chemical Process Equipments P. Ltd. And Anr[3] took note of the contentions of the
counsels who referred to English decisions to define trade secrets
3. Mr. Anil Gupta and Anr. v. Mr. Kunal Dasgupta and Ors[4] the Delhi High Court held that the
concept developed and evolved by the plaintiff is the result of the work done by the plaintiff
upon material which may be available for the use of anybody, but what makes it confidential is
the fact that the plaintiff has used his brain and thus produced a result in the shape of a concept.

The legislations which are having a connection with the trade secrets can be summed up as
1. Copyright Act, 1957[Section 51,55 and 63]
2. The Designs Act,2000
3. The Information Technology Act, 2000[Section 65, 72]
4. Indian Penal Code [Section 408, 415]
5. The Indian Contract Act [Section 27]
6. The Competition Act, 2002 [Section 3]
7. Civil Procedure Code
8. Criminal Procedure Code

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 1.1.1.1. Lecture-8

Intellectual property Regulation in India:

Besides to the most recent developments, in order to bring progressive changes towards a free
market society, rapid liberalization of international trade practices and demonstrating its
commitments to the WTO under the Trade Related Intellectual Property Rights Agreement
(TRIPS), the Government of India undertook a series of steps, to conform India IP legislation to
acceptable international standards. The regulations relating to all forms of IP have been amended
or reissued in recent years, mainly in response to India's accession to the WTO. Here are some of
these developments in IP legislation in India.

Trademark law brought at par with international practices

To bring Indian trademarks law in line with international practices and to ensure implementation
of India's commitments under the TRIPS Agreement, India replaced the Trade and Merchandise
Marks Act, 1958, with the Trade Marks Act, 1999. Some changes under the 1999 Act are as
follows:

* Service marks, for the first time, made protectable through registration.

* The definition of "trade mark" now includes graphic representations, shapes, packagings and
combinations of colours, thereby widening IPR protection.

* The procedure for registration of trademarks expedited by removing the earlier system of Part
A and B registration. In addition, only a single application need now be filed for registration of a
trademark in different classes. The 1999 Act also provides for the classification in conformity
with recognized International Classification of Goods and Services.

* The period of registration and renewal has been increased from seven to ten years.

* The definition of "trademark infringement" has been broadened to give protection beyond the
use of identical/deceptively similar marks in relation to goods for which they are registered.

* An action for infringement of trademark/passing-off can be filed in a district court within

whose jurisdiction the plaintiff ( trademark proprietor) resides or carries on business, as against
the earlier law which required the suit to be filed at the defendant's place.

* Under the new law, both registered and unregistered trademarks can be assigned with or
without the goodwill of the business.

Recently, by way of the Trademarks (Amendments) Rules, 2014, the fee with respect to
trademark filing has been increased in certain cases. The fee for an expedited examination have
also been increased. Further, the Trade Marks Registry recently issued an Office Order little with
respect to alterations that may be made to an application for trademark registration. This Order
enlists certain 'substantial alterations', which would not be allowed; and other alterations,
primarily clerical in nature that would continue to be accepted by the Registrar.

Protection to Geographical Indications Provided:

India has enacted the Geographical Indications of Goods (Registration and Protection) Act, 1999
(the GIG Act). The GIG Act provides for registration and better protection of geographical
indications relating to goods to help identify the place of origin of goods, quality, reputation and
other distinctive characteristics of these goods. The GIG Act now helps in protecting unique

Indian products linked to some geographical region of India, such as Basmati Rice, Darjeerling
Tea, Alphonso Mangoes, Malabar Pepper, Cardamom and Hyderabad Grapes, which are all well
known in the international market. For many years, these products have been exported on a
regular basis, demonstrating India's reputation of high quality of these products and, therefore,
require such protection. Under the GIG Act, assignment of geographical indications is
prohibited, being public property. The GIG Act also lays down provisions for infringement
actions. The GIG Act helps prevent geographical indications of goods becoming generic which
may otherwise lead to a loss of distinctiveness and consequently loss of protection.

Copyright Law Modified:

The 2012 amendments in copyright law, which were made to make Indian copyright law
compliant with the WIPO Copyright Treaty (WCT) and WIPO Performances and Phonograms
Treaty, introduced technological protection measures, ensured that fair use survives in the digital
era by providing special fair use provisions, made many author-friendly amendments, special
provisions for disabled, amendments facilitating access to works and other amendments to
streamline copyright administration.

The Government is considering further amendments to the Indian Copyright Act to help deter
continuing piracy. Future amendments would provide for greater deterrents against infringement
through more effective legislative and administrative frameworks. These amendments would
also offer the police wider powers to conduct secret raids, seize and destroy infringing products,
provide faster criminal proceedings and increased punishment for piracy.

Patent Abuse – Overuse and Misusing Patent Rights:

Patent abuse, usually known as patent infringement, is a serious issue in competitive and highly
innovative markets where players seek every advantage they can get. Patents are supposed to
give such advantage and protection for often significant investments. However, when a resource
is as highly valued as many of these innovations are, patent abuse is bound to happen.

Patent abuse takes place when a party not entitled to the patent’s use makes nevertheless use of
the protected technology or method. This can be deliberate or not, but in either case it hurts the
patent’s protection, the patent owner’s success, and costs them money in lost revenues. How the
abuse takes place is often geographically bound, as patent protection is only valid in countries
where it is granted. A US patent being used in Europe is not subject to patent infringement,
unless the patent is granted in Europe as well. However, if a product with the protected
technology is then brought and sold in the United States, the criteria for patent abuse are being
met.

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http://articles.economictimes.indiatimes.com/2015-06-23/news/63746083_1_trademark-
registration-trade-marks-act-wto

1.1.1.1. Lecture-9

IP Compliance and Liability Issues:

Organizations should create and implement programs to address IP issues in a way that will
enable them to both protect their own patents and avoid exposure to liability from the
infringement of a competitor’s.

These five steps are helpful to effectively managing patent issues:

1. Develop an IP policy. An IP policy should reflect the organization's business plan and
include uniform policies and procedures for filing patent applications and perfecting
other Intellectual Property rights. Consultation with IP counsel on all IP decisions is also
essential.
 2. Know what competitors are doing. Organizations should monitor competitors’ new
products and services and the IP rights generated in connection with them so they will be
aware of potential infringement issues.
3. Audit patent rights. Conduct an audit to determine exactly what patent rights are owned
by the organization or in the process of being prepared and exactly what those patents
cover.
4. Address IP in employment agreements. Include provisions acknowledging that all
discoveries made during employment belong to the company and that the employee
agrees to cooperate fully in the prosecution of patent applications and litigation.
5. Educate all personnel involved in the patent process. Employees should be trained to
understand what patents are, how they need to be protected and how important proper
documentation is for creating a valuable patent portfolio.

Comprehensive IP policies can be very complex, and it’s critical that organizations tailor them to
their own particular needs. Providing intellectual property training to employees is an important
way for organizations to protect their IP assets and avoid violations in the face of increasing
litigation. Thomson Reuters' online training course on Intellectual Property covers the
fundamental principles of patents, trademarks and copyrights and provides employees with
guidance on recognizing issues that affect corporate intellectual-property rights

IPR faces multiple issues in contemporary India –

1. At the 51st Council Meeting of Asian Patent Attorneys Association, 2005, CJI Y. K.
Sabharwal gave the first official recognition to the importance of IPR cases and yet in
India TV v. Yashraj Films, on August 21st, 2012, the Delhi HC gave a judgement
discussing the legal maxim of de minimis non curat lex, i.e. the law will not resolve
unimportant and petty disputes leading to question the importance of IPR suits in India.
2. In India, we have very slow mechanism of legal system in resolving court cases. Pending
cases related to IPR amounts to hinder commercial use of IPR by the real owner. Hence,
it is very important to deal IPR cases with quick precision.
3. It has been a decade since the last amendment was made in the Indian Patents Act, 1970,
which included patent of food and pharmaceuticals products. There has since been a lot
of advancement introduced in this field that requires immediate recognition by the law
like nano-technology, biotechnology and surgical advancements, etc. IPR statutes also
need to be amended on the new and improved products and services in the market like
food, clothing, computer software, e-marketing, social networking sites and smart-
phones, etc.
4. IPR is a concern in the cyber world seeing as many net savvies use the means of
electronic transmission and e-publishing, etc. Copyright is infringed everyday due to web
piracy of movies and music through Torrent sites and nothing is being done to curb such
practices.
5. Soft law leads to ignoring the law. Business houses and individuals don’t seem to give
much importance to trademarks when it comes to their e-commerce websites. This
triggered the issuance of the Draft Trade Mark Rules, 2015 by the Ministry of Commerce
and Industry. The rules have however, failed to emphasize upon e-delivery of trademark
services which if not looked into will significantly sabotage the Digital India project.
 There are very few large-scale IPR infringing players in India resulting in no game-
changing, financially impeding, fund-raising impacts on the nation which forces the
government and judiciary to see IPR in a new light. Huge penalties  in isolated cases
(Rs 20 million by Rakesh Roshan to Mr. Sampat over thump music, Rs 2 crore suit
claimed by Suneet Varma over a blue poncho ‘stolen’ by Aki Narula in ‘Bunty Aur
Babli’) cannot create enough impact. Due to a lack of impact, most people are still
unaware of IPR and thus they don’t realise the infringement.
6. On December 12, 2014, the US Trade Representative (USTR) reviewed India’s IPR
system, impliedly stating India’s IPR laws need modifications in diverse areas like
pharma, IT and publishing, to cater for the concerns of US companies. It showed the
potential damage that the present IPR laws could cause to India-USA trade relations.

Include / Attach PPT / Handout (typed) - Provided

Provide Seminar details (Title, mode of student participation, duration, outcomes)

Interactive mode of student participation

Add a snapshot of models used - NA

Any other innovative teaching methodologies PPT

Include case study if applicable: Discussed at the end of the Unit

Any internet links / video lecture links relevant to the lecture - NA

Any other relevant material / links / journal publications / videos / experiments etc. – NA

1.1.2. Test Questions

a. Fill in the blanks type of questions <Minimum of ten>

b. Multiple choice questions <Minimum of ten>

c. True or False questions <Minimum of ten>

1.1.3. Review Questions

d. Objective type of questions(Very short notes) <Minimum of ten>

e. Analytical type questions :NA

f. Essay type Questions <As per requirements>

g. Problems: NA
h. Case study:

1.1.4. Skill Building Exercises/Assignments

Assignment Topic will be given for students
1. Intellectual Property
2. WIPO
3. Innovations and inventions of IPR

1.1.5. Previous Questions (Asked by JNTUK from the concerned Unit)

1.1.6. GATE Questions (Where relevant):NA

1.1.7. Interview questions (which are frequently asked in a Technical
round - Placements): NA

1.1.8. Real-Word (Live) Examples / Case studies wherever applicable:

Case Studies

1.1.9. Suggested “Expert Guest Lectures” (both from in and outside of the
campus): NA

1.1.10. Literature references of Relevant NPTEL Videos/Web/You Tube

videos etc.

Attached with every topic

1.1.11. Any Lab requirements; if so link it to Lab Lesson Plan.: NA

1.1.12. Reference Text Books / with Journals Chapters etc. : Deborah E

Bouchoux