IN TRO D U CTIO N

Over the past two decades, intellectual property rights have grown to a stature from where it
plays a major role in the development of global economy. Intellectual property is
everywhere, i.e., the music you listen to, the technology that makes your phone work,
the design of your favourite bike, the logo on your chocolate, etc. It exists in all the
things you can see — all are the products of human creativity and skill, such as
inventions, books, paintings, songs, symbols, names, images, or designs used in business,
etc.

All inventions of creations begin with an ‘idea’. Once the idea becomes an actual product,
i.e., Intellectual Property, one can apply to the authority concerned under the Government of
India for protection. Legal rights conferred on such products are called ‘Intellectual
Property Rights’ (IPR). Hence Intellectual property (IP) refers to products of human mind,
hence, just like other types of property, the owners of IP can rent, give or sell it to other
people.
IP - A O V E R V I E |P G .
INTRODU
CTION TO
IPR
Intellectual Property - Definition
• World Intellectual Property Organisation (WIPO) defines intellectual
property as the creation of mind: Inventions, Literacy, and artistic
works and symbols, names, images and designs, used in commerce

• Intellectual property is legally enforceable power to exclude others

from using a resource
Intellectual property Vs Physical property
• Visibility – intangible, tangible
• Resource – human mind, physical resource
• Both- public and private in nature
• Both – can be owned, bought and sold, rented, protected and
infringed upon others, claim of damages and other legal remedies.
Need and importance of IPR
• Rise of Knowledge Economy
• Agreements on TRIPS and WTO
• Exclusive rights on IP is the biggest motivation
• Financial Incentives’
• Wealth creation in the society
• Customers enjoy improved goods and services
• Profits through increased revenue generation
• Creating of entry barriers for manufacturing and marketing
• Cost saving – better methods of production and limited use of resources
Intellectual property – two types
• Industrial property
• Copy rights
 D ESIGN
'Design' means only the features of shape, configuration, pattern or ornament or
composition of lines or colour or combination thereof applied to any article whether
two dimensional or three dimensional or in both forms, by any industrial process or means,
whether manual, mechanical or chemical, separate or combined, which in the finished article
appeal to and are judged solely by the eye

E x a m ple

Ministry/Office administering: of ndia)

(Govt.
Department of Industrial Policy and Promotion, Ministry of Commerce & Industry
Controller General of Patents, Designs and Trade Marks
Concerned IP Act: Designs Act, 2000

- OVERVIE |
 PA TENTS

A Patent is a statutory right for an invention granted for a limited period to the
patentee by the government, in exchange of full disclosure of their invention for
excluding others, from making, using, selling, importing the patented product or
process for producing that product for those purposes without their consent

E x a m ple

Ministry/Office administering: (Govt. of ndia)

Department of Industrial Policy and Promotion, Ministry of Commerce &

Industry Controller General of Patents, Designs and Trade Marks
Concerned IP Act: The Patents Act, 1970 (as amended)

- OVERVIE |
 TRA D EM A RK S

A trademark is a visual symbol whic h may be word signature, name, device, label,
a numerals or combination of colours used by undertaking on goods or services or other
one articles of commerce to distinguish it from similar goods or services originating from a
other different undertaking

E x a m ple

Ministry/Office administering: (Govt. of ndia)

Department of Industrial Policy and Promotion, Ministry of Commerce & Industry

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TRADE SECRET

Any confidential business information which provides an enterprise a

competitive edge may be considered a trade secret. Trade secrets encompass
manufacturing or industrial secrets and commercial secrets.

Trade Secrets may include R&D Information, Software Algorithms, Inventions, Designs,
Formulas, Financial Records, Ingredients, Lists of Customers, Devices, Methods, Consumer
Profiles and Advertising Strategies or Policies of a Company, etc.

A trade secret can be protected for an unlimited period. Depending on the legal system,
the protection of trade secrets forms part of the general concept of protection against unfair
competition or is based on specific provisions or case law on the protection of confidential
information.

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GEOGRAPHICAL INDICATIONS

Geographical indications of goods are defined as that aspect of industrial property

refer to the geographical indication referring to a country or to a which place situated
being the country or place of origin of that product therein as

Example

Ministry/Office administering: (Govt. of ndia)

Department of Industrial Policy and Promotion, Ministry of Commerce & Industry

Controller General of Patents, Designs and Trade Marks
Concerned IP Act: The Geographical Indications of Goods (Registration &
Protection) Act, 1999

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LA YO U T- D ESIGN PRO TECTIO N

Protection granted for layout design in integrated circui and fo matters

semiconductor
connected therewith t r

E x a m ple

•Ministry/Office administering: (Govt. of

ndia)
Commerce & Industry

Concerned IP Act: Semiconductor Integrated Circuits Layout-Design Act, 2000

- OVERVIE |
 PLANT VARIETY PROTECTION

Protection granted for plant varieties, the rights of farmers and plant breeders and
to encourage the development of new varieties of plants

E x a m ple

Ministry/Office (Govt. of
administering: ndia)
Ministry of Agriculture
Protection of Plant Varieties & Farmers' Rights Authority
Concerned IP Act: The Protection of Plant Varieties Farmers’ Rights
(PPV&FR)
and Act, 2001

- OVERVIE |
GENETIC RESOURCES & TRADITIONAL KNOWLEDGE

Genetic resources (GRs) refer to genetic material of actual or potential value. Genetic
material is any material of plant, animal, microbial or other origin containing
functional units of heredity.

Traditional knowledge (TK) means the knowledge, systems, innovations and practices of
local communities across the globe. Such wisdom has been developed and accumulated
over the years and has been used and passed down through several generations. TK
can be, for example, agricultural, environmental or medicinal knowledge, or knowledge
associated with GRs.

The Biological Diversity Act, 2002 was enacted for preservation of biological diversity in
India and provides mechanism for equitable sharing of benefits arising out of the use
of traditional biological resources and knowledge.
- OVERVIE |
 COPYRIGHTS

Copyright is a right given by the law to creators of literary, dramatic, musical and artistic
works and producers of cinematograph films and sound recordings. In fact, it is a
bundle of rights including, rights of reproduction, communication to the public, adaption and
translation of the work. There could be slight variations in the composition of the rights
depending on the work

Ex a mp l e

Ministry/Office administering: (Govt. of ndia)

Department of Industrial Policy and Promotion, Ministry of Commerce & Industry

Registrar of Copyrights

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Features of a Property

• Right to possess:
• Before 1960 –right to own property came under fundamental rights
of constitution of india
• After TATA nationalization case, rights by the society

• Right to enjoy
• Enjoy to fullest, excluding others
• If It harms others or creates some damages, they can claim suits
against the owners
• Right to dispose
• Right to sell or destroy
IPR IN INDIA
• 24th Oct – Govt of India – through Dept of Industrial policy and
promotion –constituted an IPR think tank – draft IPR policy – advice
DIPP on IPR issues
• Think tank – eminent workers –create knowledge repository- identify
areas of study- prepare reports- advice government- submitted Draft
National IPR policy to Govt of India on 24th December 2014- kept for
open discussion with public till 30th jan 2015 – approved by union
cabinet on 12th may 2016
• NIPRP – synergy between legislation and agencies, adopting global
practices,
Vision Statement
• An India where creativity and innovation are stimulated by IP for the
benefit of all; an India where IP promotes advancement in science
and technology, arts and culture, traditional knowledge and
biodiversity resources; an India where knowledge is the main driver
of development, and knowledge owned is transformed into
knowledge shared.
Mission Statement
• Stimulate a dynamic, vibrant, and balanced IPRs system in India to:
1. Foster creativity and innovation and thereby promote
entrepreneurship and enhance socio-economic and cultural
development; and
• 2. Focus on enhancing access to healthcare, food security, and
environmental protection among other sectors of vital social,
economic, and technological importance.
Objectives
• The Policy lays down the following seven objectives:
• 1. IPR Awareness: Outreach and Promotion To create public
awareness about the economic, social, and cultural benefits of IPRs
among all sections of the society.
• 2. Generation of IPRs To stimulate the generation of IPRs.
• 3. Legal and Legislative Framework To have strong and effective IPR laws
which balance the interests of rights owners with larger public interest.
• 4. Administration and Management To modernise and strengthen the
service-oriented IPR administration.
• 5. Commercialisation of IPRs Get value for IPRs through commercialisation.
• 6. Enforcement and Adjudication To strengthen the enforcement and
adjudicatory mechanisms for combating IPR infringements. 7. Human
Capital Development To strengthen and expand human resources,
institutions, and capacities for teaching, training, research, and skill-
building in IPRs.
Salient Features
• Cell for IPR Promotion and Management
• Awareness Campaign
• Intellectual Property Cells
• Generation, Registration, and Commercialisation
• Traditional Knowledge Digital Library The Traditional Knowledge
Digital Library’s
• Cadre Management in Intellectual Property Offices
• Access to Medicines
• (a) encouraging cross-sector partnerships between the public sector,
the private sector, universities, and NGOs;
• (b) promoting novel licensing models; and
• (c) developing novel technology platforms.
• Piracy/Counterfeiting
• Assistance to Smaller Firms
• Judicial Awareness and Resolution of Intellectual Property Disputes
• Review – 5 years
 ION
STRUCTUR
Ministry of Commerce & Industry

E
Dept. Of Industrial Policy & Promotion

Controller General of Patents, Designs & Trade Marks

Geographical Patent
Patent & Design Trade Marks
Indications Information
Office Registry
Registry System
Mumbai
Kolkata
Chennai
Kolkata RGNIIPM
Delhi
Delhi
Mumbai Chennai NAGPUR

Chennai Ahmadabad
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