Professional Documents
Culture Documents
& Engineering
MS. ANKITA SHARMA
ASSISTANT PROFESSOR
KIET SCHOOL OF MANAGEMENT
Contents
✔ Intellectual Property
✔ Patents
✔ Copyrights
Intellectual Property
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, Copyrights and trademarks which enable
people to earn recognition or financial benefit from what they invent or create.
Intellectual Property Laws - Deals with the rules for securing and enforcing legal rights to
inventions, designs, and artistic works. Just as the law protects ownership of personal
property and real estate, it protects the exclusive control of intangible assets. The purpose of
these laws is to give an incentive for people to develop creative works that benefit society,
by ensuring they can profit from their works without fear of misappropriation by others.
Types of Intellectual Property
1. Copyright
Copyright is a legal term used to describe the rights that creators have over their literary and artistic
works. Works covered by copyright range from books, music, paintings, sculpture and films, computer
programs, databases, advertisements, maps and technical drawings.
2. Patents
A patent is an exclusive right granted for an invention. A patent provides the patent owner with the
right to decide how - or whether - the invention can be used by others. In exchange for this right, the
patent owner makes technical information about the invention publicly available in the published
patent document.
3. Trademark
A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of
other enterprises. Trademarks date back to ancient times when artisans used to put their signature or
"mark" on their products.
4. Industrial Design
An industrial design constitutes the ornamental or aesthetic aspect of an article. A design may consist of
three-dimensional features, such as the shape or surface of an article, or of two-dimensional features, such as
patterns, lines or colour.
5. Geographical indications
Geographical indications are signs used on goods that have a specific geographical origin and possess
qualities, a reputation or characteristics that are essentially attributable to that place of origin. Most
commonly, a geographical indication includes the name of the place of origin of the goods.
6. Trade Secrets
Trade secrets are IP rights on confidential information which may be sold or licensed. The
unauthorized acquisition, use or disclosure of such secret information in a manner contrary to honest
commercial practices by others is regarded as an unfair practice and a violation of the trade secret
protection.
PATENTS
A patent is an exclusive right granted for an invention. In other words, a patent is an exclusive right to
a product or a process that generally provides a new way of doing something, or offers a new technical
solution to a problem. To get a patent, technical information about the invention must be disclosed to
the public in a patent application.
The patent owner may give permission or license to other parties to use the invention on mutually
agreed terms. The owner may also sell the right to the invention to someone, who will then become the
new owner of the patent. Once a patent expires, the protection ends, and an invention enters the public
domain; that is, anyone can commercially exploit the invention without infringing the patent.
A patent owner has the right to decide who may – or may not – use the patented invention for the
period in which the invention is protected. In other words, patent protection means that the invention
cannot be commercially made, used, distributed, imported, or sold by others without the patent owner's
consent.
What kinds of inventions can be protected?
Patents may be granted for inventions in any field of technology, from an everyday kitchen utensil to a
nanotechnology chip. An invention can be a product – such as a chemical compound, or a process, or a
process for producing a specific chemical compound. Many products in fact contain a number of
inventions. For example, a laptop computer can involve hundreds of inventions, working together.
Is a patent valid in every country?
Patents are territorial rights. In general, the exclusive rights are only applicable in the country or
region in which a patent has been filed and granted, in accordance with the law of that country or
region.
How are patent rights enforced?
Patent rights are usually enforced in a court on the initiative of the right owner. In most systems a
court of law has the authority to stop patent infringement. However, the main responsibility for
monitoring, identifying, and taking action against infringers of a patent lies with the patent owner.
What does it mean to “license a patent” and why is it done?
Licensing a patent simply means that the patent owner grants permission to another
individual/organization to make, use, sell etc. his/her patented invention. This takes place according to
agreed terms and conditions (for example, defining the amount and type of payment), for a defined
purpose, in a defined territory, and for an agreed period of time. A patent owner may grant a license to
a third party for many reasons. For example the patent owner may not have the necessary
manufacturing facilities, therefore opts to allow others to make and sell his/her patented invention.
✔ Law regarding Patents in India - Patents Act, 1970; Patent Rules, 2003; The Patent Amendment
Rules, 2016.
✔ Regulatory authority for patents - Patent Registrar under the office of the Controller General of
Patents, Designs and Trade Marks, which is part of India’s Ministry of Commerce and Industry.
✔ Patents are valid for 20 years from the date of filing an application, subject to an annual renewal
fee.
✔ India’s patent law operates under the ‘first to file’ principle – that is, if two people apply for a
patent on an identical invention, the first one to file the application will be awarded the patent.
Patent [Novelty]
If the invention was known or used by any other person, or used or sold by the applicant to any person in
India and/or outside India, then the applicant would not be entitled to the grant of a patent. Public use or
publication of the invention will affect the validity of an application in India. The patent application must
be filed prior to any publication or public use.
Not patentable in India
• Agriculture or horticulture process.
• A process for the medicinal or other treatment of human beings and animals.
• A mere discovery of any new property, or new use for a known substance, or a mere use of a known
process, machine, or apparatus.
• An invention which is contrary to well established natural laws.
• Plants and animals including seeds varieties and species and essential biological process for their
propagation but excluding microorganisms.
• Mathematical/ business method, program/ algorithm.
• Any aesthetic work as film TV drama literary artistic musical work.
Copyrights
The Copyright Act 1957 provides that a copyright subsists in an original literary, dramatic, musical or
artistic work, cinematograph films, and sound recordings.
However, no copyright subsists in a cinematograph film if a substantial part of the film is an infringement
of the copyright in any other work or in a sound recording, if in making the sound recording of a literary,
dramatic or musical work, copyright in such work is infringed.
A computer programme is treated as a “literary work” and is protected as such.
Under Indian law, registration is not a prerequisite for acquiring a copyright in a work.
A copyright in a work is created when the work is created and given a material form, provided it is original.
A copyright grants protection to the creator and his representatives for the works and prevents such works
from being copied or reproduced without his/ her consent.
The creator of a work can prohibit or authorize anyone to:
• Reproduction of the work. • Use the work for a public performance. • Make copies/recordings. •
Broadcasting. • Translation.
Term of Copyright
The general rule is that copyright lasts for 60 years. It is counted
From the death of the author - Literary, Dramatic, Musical, Artistic work.
From the date of publication - Cinematograph films, Sound recordings, Photographs, Posthumous publication, Works
of government & international organizations.
Copyright [Ownership]
• In case of literary/ artistic/ dramatic including photography/ painting/ portrait contract of service determines the first
ownership.
• In case of literary/ artistic/ dramatic including photography/painting/ portrait without contract of service the first
ownership lies with the person who contributed most to make it valuable.
In case of cinematographed film contract of service determines the first ownership normally the producer. • In case of
cinematographed film without contract of service the first ownership lies with the person who contributed most to make
it valuable or the producer or the person on whose initiative the film was made.
• Work made during the course of employment or under a contract of service or apprenticeship the
employer shall, in the absence of a contract to the contrary shall be the first owner of copyright.
• In case of a government work, in the absence of a contract to the contrary, the copyright in the work
shall vest with the government.
Copyright [Registration fees] - The prescribed fee for the registration of copyright :
• For literary, artistic, musical and dramatic work is Rs 500/- per work.
• In a cinematograph film is Rs 5000/- per work.
• For sound recording is Rs 2000/- per work.
INTELLECTUAL PROPERTY LAW : PROCESS
INTELLECTUAL PROPERTY: TREATIES
India is a signatory to the following international IP agreements -
• Paris Convention – Under this, any person from a signatory state can apply for a patent or trade
mark in any other signatory state, and will be given the same enforcement rights and status as a
national of that country would be;
• Berne Convention – Under this, each member state recognizes the copyright of authors from
other member states in the same way as the copyright of its own nationals;
• Madrid Protocol – Under this, a person can file a single trade mark application at their national
office that will provide protection in multiple countries;
• Patent Cooperation Treaty – This is a central system for obtaining a bundle of national patent
applications in different jurisdictions through a single application.
India is not a signatory to the Hague Agreement, which allows the protection of designs in multiple
countries through a single filing.
Contents
✔ Electronic Governance
Electronic Governance (e-Governance)
Definition: E-governance, expands to electronic governance, is the integration of Information and
Communication Technology (ICT) in all the processes, with the aim of enhancing government ability to address
the needs of the general public. The basic purpose of e-governance is to simplify processes for all, i.e. government,
citizens, businesses, etc. at National, State and local levels.
In short, it is the use of electronic means, to promote good governance. It connotes the implementation of
information technology in the government processes and functions so as to cause simple, accountable and
transparent governance. It entails the access and delivery of government services and communication in a quick
and efficient manner.
Benefits of E-governance - Reduced corruption, High transparency, Increased convenience, Direct participation of
constituents, Reduction in overall cost, Expanded reach of government.
Through e-governance, the government plans to raise the coverage and quality of information and services
provided to the general public, by the use of ICT in an easy, economical and effective manner.
Types of Interactions in E-Governance
1. G2G (Government to Government): When the exchange of information and services is within the periphery of the
government, is termed as G2G interaction. This can be both horizontal, i.e. among various government entities and
vertical, i.e. between national, state and local government entities and within different levels of the entity.
2. G2C (Government to Citizen): The interaction amidst the government and general public is G2C interaction. Here an
interface is set up between government and citizens, which enables citizens to get access to wide variety of public services.
The citizens have the freedom to share their views and grievances on government policies anytime, anywhere.
3. G2B (Government to Business): In this case, the e-governance helps the business class to interact with the government
seamlessly. It aims at eliminating bureaucratic paperwork, saving time, cost and establish transparency in the business
environment, while interacting with government.
4. G2E (Government to Employees): The government of any country is the biggest employer and so it also deals with
employees on a regular basis, as other employers do. ICT helps in making the interaction between government and
employees fast and efficient, along with raising their level of satisfaction by providing perquisites and add-on benefits
Digital India Initiatives
▪ It is an umbrella program to prepare India for a knowledge-based transformation.
▪ It has been launched by the Ministry of Electronics and Information Technology.
Various Initiatives Under Digital India Initiatives
▪ MyGov: It aims to establish a link between Government and Citizens towards meeting the goal of good
governance.
▪ Digi-Locker: It serves as a platform to enable citizens to securely store and share their documents with
service providers who can directly access them electronically.
▪ e-Hospital-Online Registration Framework (ORF): It is an initiative to facilitate the patients to take
online OPD appointments with government hospitals. This framework also covers patient care, laboratory
services and medical record management.
▪ National Scholarships Portal (NSP): It provides a centralized platform for application and disbursement of
scholarship to students under any scholarship scheme.
▪ DARPAN: It is an online tool that can be used to monitor and analyse the implementation of critical and
high priority projects of the State.
▪ PRAGATI (Pro-Active Governance and Timely Implementation): It has been aimed at
starting a culture of Pro-Active Governance and Timely Implementation. It is also a robust
system for bringing e-transparency and e-accountability with real-time presence and exchange
among the key stakeholders. It was launched in 2015.
▪ Common Services Centres 2.0 (CSC 2.0): It is being implemented to develop and provide
support to the use of information technology in rural areas of the country. The CSCs are
Information and Communication Technology (ICT) enabled kiosks with broadband connectivity
to provide various Governments, private and social services at the doorstep of the citizen.
▪ Mobile Seva: It provides government services to the people through mobile phones and tablets.
▪ Jeevan Pramaan: It is an Aadhaar based Biometric Authentication System for Pensioners. The
system provides authenticity to Digital Life Certificate without the necessity of the pensioner
being present in person before his/ her Pension Dispensing Authority (PDA).
Secure Electronic Record - Where any security procedure has been applied to an
electronic record at a specific point of time, then such record shall be deemed to be a
secure electronic record from such point of time to the time of verification.
Secure digital signature - If, by application of a security procedure agreed to by the
parties concerned, it can be verified that a digital signature, at the time it was affixed,
was-
∙ unique to the subscriber affixing it.
∙ capable of identifying such subscriber.
∙ created in a manner or using a means under the exclusive control of the subscriber and
is linked to the electronic record to which it relates in such a manner that if the
electronic record was altered the digital signature would be invalidated.
Then such digital signature shall be deemed to be a secure digital signature.
Digital Signature Certificates (DSC) - Digital Signature Certificates (DSC) are the digital
equivalent (that is electronic format) of physical or paper certificates. Few Examples of physical
certificates are driver’s licenses, passports or membership cards. Certificates serve as proof of
identity of an individual for a certain purpose. Likewise, a digital certificate can be presented
electronically to prove one’s identity, to access information or services on the Internet or to sign
certain documents digitally. The Certifying Authorities are authorized to issue a Digital Signature
Certificate with a validity of one or two years.
▪ National Centre of Geo-informatics (NCoG): Under this project, Geographic Information
System (GIS) platform for sharing, collaboration, location-based analytics and decision support
system for Departments has been developed.
▪ National e-Governance Plan (NeGP): It takes a holistic view of e-Governance initiatives
across the country, integrating them into a collective vision and a shared cause.
o It comprises of 31 Mission Mode Projects, approved in 2006, but later it was
integrated into Digital India Program.
e-Kranti: National e-Governance Plan 2.0
▪ It is an essential pillar of the Digital India initiative.
▪ It was approved in 2015 with the vision of “Transforming e-Governance for Transforming
Governance”.
▪ There are 44 Mission Mode Projects under e-Kranti, which are at various stages of
implementation.
Conclusion
▪ e-Governance is getting momentum in India, but public awareness and the
digital divide are important issues to be addressed.
▪ The success of e-Governance measures largely depends on the availability
of high-speed internet, and the nation-wide roll-out of 5G technology in the
near future will strengthen our resolve.
THE RIGHT TO INFORMATION
(RTI) ACT, 2005
The RTI Act 2005
Record includes
• Any document, manuscript and file.
•Any microfilm and facsimile copy of a document.
•Any reproduction of image or images embodied in such
microfilm (whether enlarged or not); and
•Any other material produced by a computer or any
other device.
The RTI Act 2005: Definitions