“INTELLECTUAL

PROPERTY”
Prepared and Presented By:
Ashraf Ameena Khanam
170117885003
M. Pharmacy (Pharmaceutical Analysis)
 Contents
1. What is Intellectual Property (IP)? 9. Intellectual Property Protection (IPP)
2. Introduction to Intellectual Property a. For Patents
3. About Intellectual Property b. For Copyrights
4. Concept of Intellectual Property c. For Trademarks
5. What is Intellectual Property Rights d. For Geographical Indications
(IPRs)? e. For Industrial Designs
6. Classification of Intellectual 10. Mechanism of Intellectual Property
Property Rights Protection
7. Development of IP Law in India 11. Economic Importance Of IPR
8. Overview of IPR Regime
a. Patents References
b. Copyrights
c. Trademarks.
d. Geographical Indicators
1. What is Intellectual
Property?
Let’s start with the first set of slides
“Intellectual property (IP) refers to
creations of the intellect for which a
monopoly is assigned to
designated owners by law. 
 Introduction to Intellctual Property
▸ Intellectual Property is not absolute
▸ No private person can enjoy an exclusive right in respect of IP without the control and
regulation by the Government.
▸ Government can interfere with the monopoly rights if the IP owners by issuing compulsory
licenses, granting licences of right and imposing restrictions on the ground of public health and
morality.
▸ Intellectual property is so broad that it has many aspects.
▸ It stands for groupings of rights which individually constitute distinct rights.
▸ However, its conception differs from time and it to time.
▸ It is subject to various influences.
▸ The change in information technology, market reality (globalization) and generality have
affected the contents of intellectual property.
▸ For instance, in olden days-because of religion creation of life, say plants or animals were not
protected.
▸ Thus, defining IP is difficult as its conception changes.
▸ It is diverse, challenging and has application in one’s day-to-day life.
 C
PROPERTY L
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Private Public I
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Tangible Property Intangible Property
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N

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Movable Immovable Intellectual Right to Securities F
Property Property Individual
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Reputation R
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Patent Copyright Industrial Trade Secret R
Design T
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About Intellectual Property
▸ Intellectual Property (IP) refers to property created with the use of intellect.
In other words these refer to creations of the mind. 
▸ Such intellectual creation is vested with the status of property because of
the commercial value of the intellectual creation. 
▸ There are several IPs that are commercially very valuable. 
▸ The law that involves the creation, vesting and the use of the IP rights is the
intellectual property laws. 
▸ IP laws relate to various creations including inventions, literally and artistic
works, symbols, names, images and designs used in commerce. 
▸ The term “Intellectual Property” is officially recognized by the international
community with the establishment of WIPO: World Intellectual Property
Organization (WIPO), a specialized agency of the United Nations.
 Concept of Intellectual Property
▸ Intellectual property, as a concept, “was originally designed to cover ownership of literary
and artistic works, inventions (patents) and trademarks”.
▸ The concept of intellectual property now covers patents, trademarks, literary and artistic
works, designs and models, trade names, neighboring rights, plant production rights,
topographies of semi conductor products, databases, when protected by a sui generis right,
unfair competition, geographical indications, trade secrets, etc.
▸ IP law aims at safeguarding creators and other producers of intellectual goods and services
by granting them certain time- limited rights to control the use made of those productions.
▸ These rights do not apply to the physical object in which the creation may be embodied but
instead to the intellectual creation as such.
▸ Countries have laws to protect intellectual property for two main reasons:
a. To give statutory expression to moral and economic rights of creators in their creations and
such rights of the public in access to those creations.
b. To promote, as a deliberate act of government policy, creativity and the dissemination and
application of its results and to encourage fair trading which would contribute to economic
and social development.
Concept of Intellectual Property…
o There are 3 kinds of property:
1. Movable Property
2. Immovable Property
3. Intellectual Property

Movable Property:
▸ Consists of movable things.
▸ No one except the owner may use the thing which is his property.
▸ This is called an exclusive right.
▸ Proprietor may authorize others to use his property.
▸ Such authorization is legally necessary.
▸ Using owner’s property without his legal authorization is illegal.
▸ Right to use is not limited.
▸ When exercising this right, rights of other persons must be respected.
 Concept of Intellectual Property…
Immovable Property:
▸ Namely land and things permanently fixed on it, such as houses.
▸ Example: requirements to be respected when a building is constructed.

Intellectual Property:
▸ These are the creations of the human mind, the human intellect.
▸ IP relates to pieces of information which can be incorporated in tangible objects at the
same time in an unlimited number of copies at different locations anywhere in the world.
▸ The convention establishing the World Intellectual Property Organization (WIPO),
concluded in Stockholm on July 14, 1967 (Art. 2(viii) provides that “intellectual property
shall include rights relating to:
(1) literary, artistic and scientific works
(2) performances of performing artists, phonograms and broadcasts
(3) inventions in all fields of human behaviour
(4) scientific discoveries
(5) industrial designs
 Concept of Intellectual Property…
(6) trademarks, service marks, and commercial names and designations;
(7) protection against unfair competition and all other rights resulting from intellectual
activity in industrial scientific, literary or artistic fields”.
The areas mentioned under:
▸ (1) belong to the copyright branch of intellectual property.
▸ The areas mentioned in (2) are usually called “neighbouring rights”, that is, rights
neighbouring on copyright.
▸ The areas mentioned under (3), (5) and (6) constitute the industrial property branch of
IP.
▸ The areas mentioned under (7) may also be considered as belonging to that branch.
▸ The objects mentioned under (4) are scientific discoveries and belong to neither of the
two branches if IP.
▸ Scientific discoveries and inventions are not the same.
▸ IP is a bundle of legal rights resulting from intellectual creativity in industrial, scientific,
artistic and literary fields.
▸ This definition is from the point of view of rights.
2. What is
Intellectual Property
Rights?
Let’s look into it more closely
“ Intellectual Property Rights (IPRs)
are the rights granted to the
creators of IP, and include
trademarks, copyright, patents,
industrial design rights, and in
some jurisdictions trade secrets. 
 Classification of Intellectual Property Rights
▸ IP right can be broadly divided into two categories. 
▸ These are :
i) Industrial property rights
ii) Copyrights. 

▸ The industrial property rights refer to the vesting of rights over the matter that will be
useful for industries and in commerce. 
▸ These include patents (technological information), trademarks (symbolic information),
industrial designs, and geographic indications of course. 

▸ Copyright refers to literary, music, cinematograph and artistic works (expressive

information). 
▸ It is different from industrial property. 
▸ This does not mean that it cannot be used in industries. 
▸ Copyrights generally is vested in novels, poems, plays, films, musical works, artistic
works such as drawings, paintings, photographs and sculptures, and architectural
designs. 
 INTELLECTUAL PROPERTY

Industrial Property Literary Property

Patents Trade Marks Industrial Layout Copyright Neighbouring

Designs Designs Rights
etc.

Performers’ Broadcasting
Product Process Rights Rights
Patent Patent
CLASSIFICATION OF INTELLECTUAL PROPERTY RIGHTS
Development of IP Law in India:
▸ IP rights in India were imported from the west. 
▸ This statement is important because such an importation lacked a policy-based
objective behind the introduction of the IP system in India. 
▸ The First Indian law on IPR was the Indian Trade and Merchandise Marks Act,
1884. 
▸ The Indian Patents and Designs Act was passed in 1911. 
▸ Three Years later, Indian Copyrights Act was passed in 1914. 
▸ Of these 3 legislations, the Indian Trade and Merchandise Marks Act and the
Indian Copyrights Act were fully repealed and have been replaced by the Trade and
Merchandise Marks Act, 1958 and Copyright Act, 1957 respectively. 
▸ The Trade and Merchandise Marks Act has been amended to enact the Trade
Marks Act of 1999.
▸ The Designs Act of 2000 to consolidate and amend the law relating to designs.
▸ The Protection of Plant Varieties and Farmers’ Rights Act, 2001.
▸ The Biological Diversity Act, 2002.
▸ The Draft of the Patents (Amendments) Bill, 2003.
An Overview of IPR Regime
▸ The existing frame work of IP laws recognized internationally are those
identified by the Trade Related Intellectual Property Rights Agreement (TRIPS)
governed by the World Trade Organization (WTO). 

▸ They are: 

1. Patents 
2. Copyrights 
3. Trademarks 
4. Geographical Indicators 
5. Protection of undisclosed information 
6. Layout designs of integrated circuits 
7. Industrial Designs 
 a. Patents
▸ A patent is a documented, issued, upon application, by a government office (or a regional
office acting for several countries). 
▸ A patent describes an invention and creates a legal right under which the patented
invention can normally only be exploited (manufactured, used, sold, imported) with the
authorization of the owner of the patent. 
▸ This is a monopoly right. 

Significance: It is a statutory right to prevent others from exploiting his invention.

 
▸ Patents are given only for inventions. 
▸ Inventions are solutions to specific problems in the field of technology. 
▸ The invention may relate to a product or a process. 
▸ The protection conferred by the patent is limited for a statutorily specified period of time. 
▸ Patentability is determined by whether the invention falls within the scope of patentable
subject matter. 
a. Patents...
Items that are not patentable: 

▸ Discoveries of materials already in nature

▸ Scientific theories or mathematical methods (inventions made using these

theories are patentable) 

▸ Biological processes 

▸ Ideas, schemes etc (qualify for copyright protection) 

▸ Methods of treatment for humans or animals, or diagnostic methods

practiced on humans and animals 
 b. Copyrights
▸ Copyright law deals with the rights of intellectual creators. This area of intellectual property
is particularly concerned about protecting creativity and ingenuity. 
▸ Copyright is an important area of IP because it is one of the means of promoting, enriching
and disseminating the natural culture heritage. 
▸ A country's development depends to a very great extent on the creativity of its people, and
encouragement of individual creativity and its dissemination is a sine qua non for progress. 
▸ Patents does not protect idea per se but captures the idea as part of the invention once it is
patented. 

Copyrightable matter and the content of copyright: Copyright is awarded to the following: 

▸ Literary works fixed in any forms including handwriting, type, print etc. Unpublished
materials are also eligible for copyright protection. In some countries the copyright law also
protects are works.
▸ The subject matter also includes maps, computer software and technical drawings.
Software is also protected independently (that is, not as literary work in some jurisdictions).
It however excludes public material like news and other official documents like original cases
list etc.
 b. Copyrights…
▸ Musical works
▸ Artistic works including photographs, pictures and cinematograph works.
▸ Sound recordings

 Advantages:
1. Registrations are relatively easy to obtain, in a relatively short period of time for a low cost and are easily
maintained.
2. The term of a copyright is very long
3. Copyright litigation is significantly less expensive than corresponding patent or trade secret litigation.

x Disadvantages:
1. Copyrights do not protect the underlying ideas or functions performed by the software.
2. It may be relatively easy to avoid copyright infringement and yet have a program perform the same
function as a copyrighted program by changing the expression of the original program.
3. Since ideas are not protected under copyright law, two programmers may independently create and be
entitled to copyright protection in their respective programs, which may be very similar, if not identical, to
each other.
 c. Trademarks
▸ An individual the trademarks provides the identity and origin of a product.
▸ The most important difference between the use of the marks in the olden days and days is
the fact that today these marks have increasing economic significance. All trademarks
directly help the customer identify who the manufacturer is and the manufacturer is able to
relate indirectly with every customer of his product.
▸ Trademarks started to play an important role with industrialization, and they have since
become a key factor in the modern world of international trade and market oriented
economies.
▸ A Trademark can be defined as "any sign that individualizes the goods of a given enterprise
and distinguishes them from the goods of its competitors.“

Following are some of the examples of matter that can serve as trademarks.

▸ WORDS: This category includes company names, surnames, forenames, geographical

names and any other words in sets of words, whether invented or not, and slogans.
▸ LETTERS AND NUMERALS: Examples are one or more letters, one or more numerals or any
combination thereof.
 c. Trademarks…
▸ DEVICES: This category includes fancy devices, drawings and symbols and also two-
dimensional representations of goods or containers.
Combinations of Any of those Listed Above, Including Logotypes and Labels.
▸ COLORED MARKS: This category includes words, devices and any combinations thereof
in colour, as well as combinations and colour as such.
▸ THREE DIMENSIONAL SIGNS: A typical category of three-dimensional signs is the shape
of the goods or their packaging. However, other three-dimensional signs such as the
three-pointed Mercedes star can serve as a trademark.
▸ AUDIBLE SIGNS (Sounds Marks): Two typical categories of sound marks can be
distinguished, namely those that can be transcribed in musical notes or other symbols
and others (e.g. the cry of an animal).
▸ OLFACTORY MARKS (Smell Marks): Imagine that a company sells its goods (e.g. writing
paper) with a certain fragrance and the consumer becomes accustomed to recognizing
the goods by their smell.
▸ OTHER (Invisible) SIGNS: Examples of these are signs recognised by touch.
d. Geographical Indicators
▸ Geographical indicators are those that associates a product with a particular
place.
▸ These have been given the status of intellectual property because the product gets
more commercial value by its mere association with a particular place.
▸ Indicators are also very valuable to the manufacturer. It also help identify the
source of the goods.
▸ It helps the consumer to identify where the good originates from.
▸ This identification is associated with the quality of the goods.
▸ Therefore the indicators help in promoting the product of the geographic area.
▸ Examples of indicators like “Campagne”, “Cognac”, “Roquefort”, “Chionti”, “Pilsen”,
“Porto”, “Sheffield”, “Havana”.
▸ TRIPS is the first international agreement that sets forth standards to preserve the
geographical indicators to regulate international intellectual property protection
and minimum standards for "geographical indications".
 Intellectual Property Protection
a. For Patents:
▸ The important agreements that should be considered when contemplating international
patent protection are:
1. The Paris Convention for the protection of Industrial Property
2. Patent Cooperation Treaty (PCT).

3. The Paris Convention:

▸ The Paris Convention established in 1883 for the protection of Industrial Property is an
international intellectual property treaty adhered to by more than 100 countries.
▸ The Paris Convention provides that each country guarantees to the citizens of the other
countries the same rights in patent matters that it gives to its own citizens.
▸ The treaty also provides for the right of priority in the case of patents. These rights means
that, on the basis of a regular first application filed in one of the member countries, the
Applicant may, within 12 months period of time, apply for protection in all the other member
countries.
 Intellectual Property Protection…
▸ These later applications will then be treated as if they had been filed on the same day as the
first application. Moreover, these later applications, being based on the first application, will
not be invalidated by any acts accomplished in the interval.
▸ Thus, these later applicants will have priority over applications for the same invention which
may have been filed during the same period of time by other persons.

2. International applications through the Patent Co-operation Treaty (PCT)

▸ PCT facilitates the filing of applications for patents on the same invention in member
countries.
▸ The PCT system does not provide for the grant of an international patent, it is a system for
filing international application for patents.
▸ It provides for centralized filing procedures whereby a single application filed in a PCT can
constitute an application for patent in one or more (including all) member countries. After
filing local (home) application, within 12 months the Applicant claiming Paris Convention
Priority or as an original applicant can file the international application under the PCT.
 Intellectual Property Protection…
▸ Once the application is filed, one of the eligible PCT governmental search offices will
perform a patent search on the application.
▸ When the search is completed, PCT governmental office evaluates the patentability of the
application pursuant to patentability standards set forth in the Patent Cooperation Treaty.
▸ Eventually, the Applicant will be required to have the PCT application officially entered into
the national patent office of each of the countries from which the Applicant desires patent
protection.
 Advantages to the PCT process:
1. The Applicant can file a single PCT application rather than filing a series of national
applications.
2. The single PCT application is much less expensive than the individual national filings.
Although the applicant will eventually be required to incur a cost similar to the national
filings when the PCT application is entered in each national patent office, the PCT
procedure allows these costs to be delayed for up to thirty months from the priority date.
3. This period of time will allow the inventor a better chance to analyze the patentability and
profitability of the invention, and therefore the applicant can make a more informed
decision regarding where the patent application should be filed.
 Intellectual Property Protection…
b. For Copyrights:
▸ Unlike other IP rights, copyright protection is available in several countries across the
world, by reason of India being a member of Berne Convention.
▸ Protection is given to works first published in India, in respect of all countries that are
member states to treaties and conventions to which India is a member.
▸ The government of India wide International Copyright Order, 1999 has extended
copyright protection in India to works first published outside India.

International protection under the Berne Convention

▸ The Berne Convention for the Protection of Literary and Artistic Works was first adopted
in 1886 as an agreement to honor the rights of all authors who are nationals of countries
that are party to the convention. The convention is administered by the World Intellectual
Property Organization, (WIPO).
 Intellectual Property Protection…
▸ The member countries formed a Union and the Act provides protection for the work of
authors who are nationals of one of the countries of the Union, or where the work is first
published (or simultaneously published) in a country that is a member of the Union.
▸ For the purposes of the Berne Convention, persons who are not nationals, but which
have their habitual residence in a country of the Union, will be regarded as a national of
the country.
▸ An author from any country that is a signatory of the convention is awarded the same
rights in all other countries that are signatories to the Convention as they allow to their
own nationals, in addition to any rights granted under the Convention.
▸ The terms of the Berne Convention also stipulates that where a country outside the
Union does not provide adequate protection to authors, countries of the Union are
entitled to not extend protection to nationals of that country, beyond that which is
granted by that country.
 Intellectual Property Protection…
c. For Trademarks:
▸ Trademark registrations are geographical. The application has to be filed in each and every
country where one wants protection.
▸ Application has to be made in the relevant class of goods/services over which the mark is
used.
▸ If the mark falls under more than one class, applications have to be filed in each relevant
class.

▸ There are three different ways to seek protection for trademarks internationally.
1. To file application individually in each and every country where the applicant wants
protection for their trademark.
2. To file application for trademark protection through regional conventions which
provide for registration in multiple countries by a single application process.

▸ Regional conventions are established through bilateral or multilateral treaties.

▸ Community Trade Mark (CTM) application, Benelux and African Intellectual Property
 Intellectual Property Protection…

▸ Community Trade Mark (CTM) provides a unique opportunity to obtain a trade mark
registration throughout the European Union by filing a single application at a much
lower cost than the cost of separate national filings (should separate applications be
filed in all 27 countries).
▸ A CTM registration will cover all countries which are member states of the European
Union. At present these are Austria, Benelux (Belgium, Netherlands & Luxembourg),
Bulgaria, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany,
Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Malta, Poland, Portugal, Romania, the
Slovak Republic, Slovenia, Spain, Sweden and the United Kingdom.
▸ These regional systems are not restricted to the member countries alone but are
open to all.
 Intellectual Property Protection…
International applications through Madrid system

▸ Madrid System of International Registration of Trademarks is governed by the Madrid

Agreement of 1891 and the Madrid Protocol.
▸ Here the applicants from non member countries can also seek regional protection.

▸ The Madrid System offers the possibility to obtain trademark protection in the countries
of the Madrid Union by filing a single international application.
▸ It enables applicants to submit application to one member country and designate other
member countries where protection is required.
▸ The application could be submitted in a single language and is over all very cost effective,
since it negates the need for multiple attorneys in each country where protection is
sought.
▸ However, unlike regional systems, the Madrid System is not open to all countries
worldwide automatically.
▸ The criteria’s for filing application through Madrid system are that applicants should be a
national or domiciled or have a real or effective establishment in a Madrid member
Intellectual Property Protection…

d. For Geographical Indications:

▸ An Indian registration of geographical indication provides protection only in the
territories of India.

▸ The two agreements which relate to the international registration of

geographical indication are:

1. The Lisbon Agreement for the Protection of Appellations of Origin, 1958

2. The Paris Convention on industrial property, 1883 (Trademarks).
 Intellectual Property Protection…
International Protection through “Lisbon Agreement for the Protection of
Appellations of Origin”

▸ Certain countries together have created a system of international registration of

appellations of origin so called Lisbon Union.
▸ The basic mechanism of Lisbon is that the local producers of the product must first seek
protection for their appellation of origin in their home country.
▸ As long as the appellation of origin is protected in the home country, all other Lisbon
Countries are obliged to protect it.
▸ The appellation of origin right is a superior right to the trademark right.
▸ Therefore, if an existing trademark right conflicts with a newly registered appellation of
origin, it must be phased out within two years.
▸ Very few countries are members of the Lisbon Union. India is not a member of the Lisbon
Union.
Intellectual Property Protection…
e. For industrial Designs:
▸ The Paris Convention also provides certain privileges to member countries for
design protection.

▸ A party who files design application in a member state of the Paris Convention,
such as India, can within six months of that filing date file applications in other
member countries claiming the priority of the first application.

▸  If such a design is accepted for registration it will be deemed to have registered
from the same date on which the application is made in the home country.

▸ Hague Agreement is the only international system for filing design applications.
Since India is not a signatory of this agreement, Indian companies/individuals do
have access to this system.
Intellectual Property Protection…

International filing through Hague Agreement

▸ The Hague System of international registrations of industrial designs is applicable

among the countries party to the Hague Agreement.

▸ It is administered by the International Bureau of WIPO.

▸ This system gives the owner of an industrial design the possibility to have his
design protected in member countries of the Hague Agreement, by simply filing
one application, in one language, with one set of fees in one currency.
Intellectual Property Protection…
Conclusion to IPP:
▸ The commercial importance necessitates that intellectual property be adequately
protected.
▸ The protection of the resultant Intellectual Property thus assumes significance in
order to ensure that the investments are recouped in a profitable manner.
▸ The protection prevents third parties using the protected IP in an unauthorized
manner and in case of any unauthorized use provides legal remedies to prevent
the same and claim damages.
▸ The given right to the creator/ inventor is an incentive for them to produce ideas
that will benefit the society as a whole.
▸ The scope and extent of protection of Intellectual Property Rights are being
increasingly harmonized around the world for providing business opportunities to
protect and enforce their rights globally.
 Mechanisms of Intellectual Property
Intellectual
Property
Protection
Definition of Protection Mechanism Protection Rights Terms of Protection
Protection
Mechanism Granted

Utility Patent a new, useful, and non-obvious process, machine, article to make, use, sell, import 20 years from date of filing, subject
of manufacture, or composition of matter, or any new, to payment of maintenance fees
useful, and non-obvious improvements
Plant Patent a distinct and new variety of plant invented or discovered to make, use, sell, import 20 years from date of filing
and asexually reproduced
Design Patent a new, original, and ornamental design for an article of to make, use, sell, import 14 years from date of grant
manufacture; the appearance of a functional object
Trademark a word, name, slogan, symbol, or device that is used in exclusive use 20 years from date of filing, subject
trade to indicate the source of goods and to distinguish to payment of maintenance fees
them from the goods of others
Copyright original works of creative expression fixed in any tangible to copy, perform, distribute, 20 years from date of filing, subject
medium, such as writing, software, music, a recording or adapt, display to payment of maintenance fees
work of art, photograph, motion picture, or choreography
Trade Secret information such as a formula, pattern, process, or device exclusive use as long as it can be kept a secret
that is not generally known, which a company keeps
secret to for its own advantage
 References
1. Dr. Reddy GB (2013), ‘Intellectual Property Rights and the Law’, Gogia Law Agency,
Hyderabad. Chapt-1 “Introduction to the Concept Of Property” pp 3-9
2. Dr. Reddy GB (2013), ‘Intellectual Property Rights and the Law’, Gogia Law Agency,
Hyderabad. Chapt-2 “Introduction to Intellectual Property” pp 11-36
3. Arya Mathew Attorney (2013), Protection Of Intellectual Property Rights Under the
Indian & International Laws. [Online].
Available: http
://www.altacit.com/publication/protection-of-intellectual-property-rights-under-the-indian-and-i
nternational-laws/
[Accessed on 03/12/2017].
4. Thomas Jefferson (2006), Role of Intellectual Property in the Economy. [Online]. Available:
https://usa.usembassy.de/etexts/econ/eop/2006/2006-10.pdf [Accessed on 03/12/2017].
5. The University of Alabama in Huntsville (2017), Mechanism of Intellectual Property
Protection. [Online]. Available: https://
www.uah.edu/otc/for-uah-inventors/mechanisms-of-intellectual-property-protection
[Accessed on 07/12/2017].
THANKS!
Any questions?