INTELLECTUAL PROPERTY LAWS

Property is something capable of ownership. There are 3

characteristics of property 1) The right to possess. 2) The
right to use. 3) Right to dispose of.
The property may be either tangible or intangible.
WIPO i.e. World Intellectual Property Organization Intellectual
property includes literary, artistic & scientific works,
performing arts, broadcasts, inventions in all fields of human
endeavour, scientific discoveries, industrial designs,
trademarks, service marks, and all other rights from
intellectual activities in the industrial, scientific, literary, or
artistic fields.
TRIPS (Agreement on trade related aspects of Intellectual
Property Rights) cover eight types of intellectual property.
 PATENT

Patent is granted only to an invention, which is new and

useful. It must be inventors own discovery rather than
mere verification of what is already known before the date
of Patent.
FEATURES OF PATENT
1. Novelty or invention
2. Utility/ usefulness
3. Product or process
4. Exclusive rights
5. Limited period grant
6. Description of specification
. Non Patentable Inventions
. Who can apply for Patent?
. Procedure for grant of patents.
. The term of Patents
 COPYRIGHT
It is an exclusive right of the author to copy the literature
produced by him and to stop others from doing so. It is a
statutory intangible right against copying of defined types of
cultural, informational and entertainment productions which
may be creations of authors, artists, directors, composers.
Definition - Section 14 of Copyright Act, 1957.
Registration of Copyright Registration of work not
compulsory under the Act.
The only effect of registration is that it is a prima facie
evidence of the particulars entered in the register.
Term of Copyright Lifetime of author plus 60 years.
Broadcasting 25 years from the beginning of the calendar
year next following the year when broadcast is made.
Performer shall have special right for his performance for 50
years.
Assignment of Copyright transfer a particular right to the
assignee.
 TRADEMARKS
MARK
TRADEMARK
WELL KNOWN TRADE MARK
COLLECTIVE MARK

DURATION OF TRADEMARK Registration of trademark valid for 10

years.
GROUNDS FOR INFRINGEMENT OF TRADEMARK.

COLLECTIVE ANDCERTIFIED TRADEMARKS