IPR

Learning Outcome
Recognize the property rights and
their protection
India improves IP index score to 44 but
still among bottom 10 nations in 2018

https://www.business-standard.com/article/current-affairs/india-improves-ip-index-score-to-44-
but-still-among-bottom-10-nations-118020801644_1.html
News
 Meaning
• Intellectual property rights are the legal rights that cover
the privileges given to individuals who are the owners
and inventors of a work, and have created something
with their intellectual creativity.

• Individuals related to areas such as literature, music,

invention, etc., can be granted such rights, which can
then be used in the business practices by them
 Types of Intellectual
Property Rights
1) Copyrights
2) Patents
3) Trademarks
4) Designs
5) Geographical Indications
6) Trade Secrets
7) Plant Varieties
8) Superconductor Chips and Integrated Circuits
9) Traditional Knowledge
10) Biological Diversity
 Designs
• Law – Designs Act,
2000
• Meaning -
• Industrial designs refer to creative
activity which results in the
ornamental or formal appearance
of a product and ‘design right’
refers to a novel or original design
that is accorded to the proprietor
of a validly registered design.
Industrial designs are an element
of intellectual property
• The existing legislation on industrial designs in India
is contained in the New Designs Act, 2000
Rights of the proprietor of
the design
• When a proprietor applies for the registration of the design he shall automatically
get ‘copyrights in design’ for the period of 10 years from the date of registration.
• This period can be extended if the proprietor wants to continue with the design.
• The Design Act should not be confused with the Copyrights act because there are
many products which can be registered under both the acts but their remedies
cannot be sought in both the acts individually.
 Copyrights
• The Indian CopyrightAct,1957 governs the system of
copyrights in India. [Amended in 1999, 2002 and
2012,]
• Meaning : It is a right which Grants protection to the
unique expression of Ideas.
• The term original in the copyright law
means that the work originated with the
author.
• There is no requirement for novelty or
uniqueness as there is in patent law.
• Copyright law protects the expression of
an idea. Not the idea itself.
What is not covered by copyright
• Ideas
• Facts
• Recipes
• Works lacking originality (e.g. The phone
book)
• Names, titles or short phrases
Duration/Term of Copyright
 Infringement of Copyright
• The law of copyright in India not only provides for civil
remedies in the form of permanent injunction, damages
or accounts of profits, delivery of the infringing material
for destruction and cost of the legal proceedings. etc.
• But also makes instances of infringement of copyright, a
cognizable offence punishable with imprisonment for a
term which shall not be less than six months but which
may extend to three years with a fine which shall not be
less than Rs 50,000 but may extend to Rs 2,00,000
 Infringement of Copyright
• For the second and subsequent offences, there are provisions for
enhanced fine and punishment under the Copyright Act.
• The (Indian) Copyright Act, 1957 gives power to the police
authorities to register the Complaint (First Information Report, ie,
FIR) and act on its own to arrest the accused, search the premises
of the accused and seize the infringing material without any
intervention of the court.
 Geographical Indications
• Geographical Indications of Goods are defined
as that aspect of industrial property which refer
to the geographical indication referring to a
country or to a place situated therein as being
the country or place of origin of that product.
Typically, such a name conveys an assurance
of quality and distinctiveness which is
essentially attributable to the fact of its origin in
that defined geographical locality, region or
country. 
• India, as a member of the World Trade Organization (WTO),
enacted the Geographical Indications of Goods (Registration &
Protection)Act, 1999 has come into force with effect from
15th September 2003.
• In India, a geographical indication may initially be
registered for a period of ten years, and it can be
renewed from time to time for further periods of 10
years.
• Like any other intellectual property law, the
regulations which govern geographical indication also
vary from one country to another.
• An Indian registration of geographical indication
provides protection only in the territories of India.