IPRs

Amity Business School
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INTELLECTUAL PROPERTY
RIGHTS
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IPR
legal rights (ownership interests), which result
from intellectual activity in the industrial,
scientific, literary and artistic fields.
rights of creators in their creations
Intellectual property rights safeguard creators
and other producers of intellectual goods and
services by granting them certain time-limited
rights to control the use made of those
productions

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IPR (contd.)
IPRs promote creativity, dissemination and
application of intellectual goods and
encourage fair-trading in them
IPR laws, thus contribute to economic and
social development.

4
IPR (Types)
PATENTS
COPYRIGHTS.
TRADEMARKS
DESIGNS
GEOGRAPHICAL INDICATIONS
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INDIA AND WTO
( TRIPS AGREEMENTS)
India is a member of WTO.

The WTO agreement contains an agreement on IP,
namely Agreement on Trade Related Aspects of
Intellectual Property (TRIPS), which lays down
minimum standards for protection and enforcement
of intellectual property rights in member countries.

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WIPO
The World Intellectual Property Organization
(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
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PATENTS (Patents Act, 1970)
Inventions are the subject matter of Patents.

Rights in new, non-obvious, and useful
machines, articles of manufacture,
compositions of matter, or processes.

It is actually an exclusive right granted by the
government to an inventor for exclusivity to
their invention.

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REQUIREMENTS OF INVENTION
An inventor must show that the invention is:

NEW : that no other inventor has obtained a patent for the
same invention.

NON-OBVIOUS that the subject matter of an invention
was not obvious at the time the invention was made to a
person having ordinary skill in the art to which said subject
matter pertains.

USEFUL :that the machine, product, or process is one that
can be used in industry or commerce.

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NOT INVENTIONS:

1. An invention which claims anything contrary to existing natural laws.

2. The mere discovery of a scientific principle or the formulation of an abstract theory.

3. Discovery of a new process or property unless it results in a new reactant.

4. A substance obtained by mere admixture

5. Arrangement or rearrangement of duplication devices in a new way.

6. A method of agriculture or horticulture, seeds, etc..

7. Any process of medicinal, surgical application on human beings or animals to
render them free of disease.

8. Inventions that involve essentially biological processes for the production of plants or
animals.

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PROCEDURE FOR REGISTRATION
An application has to be submitted to Controller of
Patents.
The application is then referred to Examiner.
Examiner checks its authenticity, about its
registration .
If there are discrepancies in application ,
objections are raised which must be answered .
Else it is notified in the Official Gazette that new
Patent is registered.
PATENTEE CAN SELL OR ASSIGN HIS
PATENT TO OTHER PERSONS.

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TYPES

PRODUCT PATENT

PROCESS PATENT
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DURATION

The WTOs Agreement on Trade-Related
Aspects of Intellectual Property Rights
requires that term of a patent be not less than
20 years.

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.
FOREIGN PATENTS

Procedure for patent in other countries
Patent Co-operation Treaty has made the process of
grant of Patent in various countries a simple one.
An inventor/assignee can file an application for grant of
Patent via PCT route in his own home country (called
International Application) and after search and
examination of his invention for novelty, patentability
etc., he can file his application for grant of Patent in other
countries, provided both the countries are convention
countries.
There are more than 180 convention countries with
whom India has reciprocal relations.

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COPYRIGHT ACT, 1957

Copyright Defined:

Right in an original intellectual creation in the fields of art,
literature, music or science that have been fixed in a tangible
medium for the purpose of communication.

Copyright Protection:
Limited to an authors particular expression of an idea,
process, concept, and the like in a tangible medium.

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ORIGINALITY TO BE DEFINED
Original intellectual creation (or work):
something that the author has infused with creativity.

Works in the fields of art, literature, music or science:
Literary, dramatic, musical and artistic works.
Sound recordings.
Films.
Radio and television broadcasts.
Computer programs - software

Work fixed in a tangible medium of expression:
medium that is permanent for at least some time- like music or film
CD, book

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DURATION
The TRIPS Agreement provides for the minimum
standard for duration of copyright protection.

In case of a person, the term is the life of author plus
50 yrs. In India the period is 60 years.

In case of a corporate entity, it is 50 yrs from the end
of the calendar year of authorized publication.

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RIGHTS OF COPYRIGHT Owner
Pecuniary
It is a right to exploit a work for economic gain. It
includes the following:
Right to reproduce.
Right to distribute.
Right of performance.

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Implication
It is a right to prohibit others from tampering with a work.

These include:
Right to object to distortion, mutilation or
modification.
Right to be recognized as the author.
Right to control public access to the work.
Right to correct or retract a work.

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COPYRIGHT INFRINGEMENT
Copyright Infringement is the unauthorized use of a
material which is covered by copyright law in a
manner that violates one of the original copyright
owners exclusive right.

For example: right to reproduce the copyrighted
work.

Penalties could include the court order to stop
producing that item, confiscation of the item.

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EXCEPTIONS TO COPYRIGHT INFRINGEMENT
Common uses that do not constitute an infringement of a
copyright :
-Use of the idea only and not the particular expression
Use in a court or administrative proceeding
Use by the police if the material is needed to maintain
public safety
Use for instructional purposes in schools
Use for a purely private purpose
Use in extended quotations of newsworthy speeches or
political commentaries.

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PROTECTION OF FOREIGN WORKS IN INDIA

Copyright of works of foreign nationals,
whose countries are member of
Convention countries to which India is a
signatory, are protected against any
infringement of their works in India
through the International Copyright
Order, 1999.
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TRADEMARKS ACT, 1999

A trade mark (popularly known as brand name) is a visual
symbol which may be a word signature, name, device, label,
numerals or combination of colours used by one undertaking
on goods or services or other articles of commerce to
distinguish it from other similar goods or services originating
from a different undertaking.

Acquiring Trademarks
By use
Famous foreign trademarks will be protected to prevent confusion
in the minds of local consumers
By registration

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Functions of a Trade Mark
It identifies the goods / or services and its
origin.
It guarantees its unchanged quality
It advertises the goods/services
It creates an image for the goods/services.
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Types of a Trade Mark
Trade mark for goods
Trade mark for services
Collective mark owned by association of
persons.
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Trade Mark is available for:
Any name
An invented word or any arbitrary dictionary word or
words
Letters or numerals or any combination thereof.
Symbols
Monograms
Combination of colors or even a single color in
combination with a word or device
Shape of goods or their packaging
Marks constituting a 3- dimensional sign.
Sound marks when represented in conventional notation
or described in words by being graphically represented.
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DURATION OF A TRADE MARK

The registration of a trade mark is initially
for a period of 10 years, but may be
renewed form time to time.
The Registrar may, on an application,
renew the registration of a trade mark for a
period of 10 years.
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BENEFITS OF REGISTERING A TRADE MARK

The exclusive right to the use of the registered
trade mark and indicate so by using the symbol
(R) in relation to the goods or services in respect
of which the mark is registered.

The right to seek the relief of infringement in
appropriate courts in the country. The exclusive
right is however subject to any conditions
entered on the register such as limitation of area
of use etc.
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ASSIGNMENT AND TRANSMISSION

A trade mark may be assigned or
transferred in respect of either all the
goods and services for which trade mark is
registered or for only some of those goods
and services.

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