Dr.

Anchit Verma
Assistant Professor of Law
MNLU, Nagpur
Intellectual Property

INTELLECT

etc.

Intellectual Property Rights

1.Protects Ownership Individual
1.Boost economy of
and Originality the country
2.Recognition to concern 2.Enhance
person performance level
3.Allows owner to of institutions
generate financial IPR 3. Create competition
benefit among the
4.Motivates Individuals researchers
5.Creates positive Society 4.Improves quality of
monopoly research
 COPYRIGHT

Section 14- “copyright” means the exclusive right subject to the provisions of
this Act, to do or authorise the doing of any of the following acts in respect of a
work or any substantial part thereof.

University of oxford v. Rameshwari photocopy services (2016) 16 DRJ (SN) 678

Section 52 talks about certain acts which do not constitute copyright
infringement. Section 52(1)(i) in particular stated that the reproduction of any
work, by a teacher or a pupil in the course of instruction; or as part of the
question to be answered in an examination; or answers to such questions all
constituted fair dealing of that work.

For the period of Life time of the Author and after his death 60 Years
University of oxford v. Rameshwari
photocopy services
Facts
• Dharampal Singh owns Rameshwari Photocopy Service (Defendant).
• Delhi School of Economics (DSE) premises in Delhi University’s North
Campus.
• Duplicating and binding these pages and distributing them to students for 50
paise/page.
• Oxford University Press, Cambridge University Press, and Taylor & Francis
Group (UK and India Pvt. Ltd.) (Plaintiff)
• Association of Students for Equitable Access to Knowledge (ASEAK) and
the Society for Promoting Educational Access and Knowledge (SPEAK), were
in support of Defendant.
Article 9 of the Berne Convention: Allows for governments to make
legislation to govern the reproduction of copyrighted works in special
cases.
Article 10 of the Berne Convention: This article allows for quotations to
be made of works already in the public domain, provided it is
compatible with fair practice. Moreover, this article also states that the
utilization of copyrighted works can be used for teaching with
appropriate agreements.
 TRADEMARK
A Section 2(1) (zb) of the Trade Marks Act, 1999, a 'trademark' means
a mark which is capable of being represented graphically and capable
of distinguishing the goods or services of one person from those of
others, and may include the shape of goods or their packaging and
combinations of colours.

Descriptive Distinctive Generic

For the period of 10 Years (renewed for further 10years)

M/S BLUE HEAVEN COSMETICS PVT LTD v. MR ANISH
JAIN TRADING AS M/S NAVKAR COSMO & ANR
• Justice Pratibha M. Singh remarked,

"...this is not a case of innocent adoption, and the Court cannot

encourage such dishonest conduct on behalf of the Defendant. Thus,
taking a reasonable assessment of the products which may have been
sold by the Defendant, the present suit is decreed for Rs.10 lakhs as
damages. In addition, Rs.2 lakhs is awarded as costs."
 PATENT
Section 2(m): Patent" means a patent for any invention granted under this Act.

Section 3: What are not inventions-

i. obviously contrary to well established natural law.
ii. contrary public order or morality or which causes serious prejudice to human,
animal or plant life or health or to the environment.
iii. Mere discovery
iv. method of agriculture or horticulture
v. Mathematical or business method or a computer programe per se or algorithms
Section 4: Inventions relating to atomic energy not patentable. -No patent shall be
granted in respect of an invention relating to atomic energy falling within sub-section
For the period of 20 Years
Section 3(d) of the Patents Act bars, “the mere discovery of a new form of a known substance
which does not result in the enhancement of the known efficacy of that substance or the mere
discovery of any new property or new use for a known substance or of the mere use of a
known process, machine or apparatus unless such. (Ever greening)

Section 84
Compulsory licences
(1) At any time after the expiration of three years from the date of the grant of a patent, any
person interested may make an application to the Controller for grant of compulsory licence on
patent on any of the following grounds, namely:—
(a) that the reasonable requirements of the public with respect to the patented invention have
not been satisfied, or
(b) that the patented invention is not available to the public at a reasonably affordable price, or
(c) that the patented invention is not worked in the territory of India
 DESIGN

Section 2(d)“Design” means only the features of shape, configuration, pattern, ornament or
composition of lines or colours applied to any article whether in 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; but does not include any mode or principle of construction or
anything which is in substance a mere mechanical device, and does not include any trade
mark

For the period of 10 Years, can be renewed for 5 more years

 EMERGING TRENDS OF INTELLECTUAL PROPERTY
• Sound Mark
On 6th March, 2017 the Trade Mark Rule 2017 has been introduced

• Smell Mark

The draft of trademark in 2009 was constituted mentioning procure and

practice of trademark considering non-traditional marks.
Draft Manual states that- fragrance of product likely to attract attention of
consumers that the smell belong to particular product.
• Motion Mark
 TRADE SECRET
A trade secret is any practice or process of a company that is generally not
known outside of the company. Information considered a trade secret gives the
company a competitive advantage over its competitors and is often a product of
internal research and development.
Recipe
Formula

l
ns of
er

a
D a ta
i
um

c
Co ist

Fina n
L

Computer Program/ Software

Traces of Trade Secret-
English and American courts first recognized a cause of action for damages
for misappropriation of trade secrets in 18th century-
Vickery v. Welch (1817) and Newbery v. James (1837)

What Counts to be a Trade Secret-

i. Commercially Valuable
ii. Limited Group of Person
iii. Reasonable Steps Taken

Exception-
Honest Commercial Practice.
Ways to Protect Trade Secrets
• Non-disclosure agreement (NDA): employees and business partners
should sign a non-disclosure agreement that prevent them from
disclosing a company’s confidential information.
• Robust IT security infrastructure.
• Controlling the accessibility of important document.
• Non-compete agreement (NCA): employers should ask employees,
contractors and consultants to sign a non-compete agreement to
prevent them from entering in competition when their
employment/service agreement ends.
 Personality as an
Intellectual Property
Personality as an Intellectual Property
Personality is a means through which a person is identified in the society and
therefore, the protection of personality in the form of a right essentially protects
private property which are of the form of intellectual property.
 JUDICIAL PRONOUNCEMENTS
i. Privacy Recognized as a Fundamental Right
‘Right to be left alone’ any person misappropriating the identity of a person without their consent is said to have violated
the fundamental right to privacy and thereby, the personality right, (Justice K.S.Puttaswamy(Retd) v. Union Of India).

ii. The Right to Control Commercial Use of Human Identity is the Right
to Publicity
Delhi High Court defined ‘Celebrity’ (TITAN Industries v. M/s Ramkumar Jewelers-2012).

iii. Personality rights Protected under Moral Rights

Amar Nath Sehgal v. Union of India (2005).
 LEGAL PROVISIONS PROTECTING PERSONALITY
RIGHTS
THE BERNE CONVENTION, 1886
Article 6bis
THE CONSTITUTION OF INDIA
Article 21
PROTECTION UNDER DOMESTIC LAWS
i) Section 57 of the Copyright Act, 1957 (Special Right of the Author)
• Right to Paternity
• Right to Integrity
ii) Section 14 of The Trade Marks Act, 1999 (Use of names and
representations of living persons or persons recently dead)
 Conclusion
Personality rights emanate from the two contradictory rights of right to publicity and right to
privacy. Personality includes one’s voice, image, likeness, signature and other attributes of
one’s identity.
These rights are protected under various laws and time to time judiciary through its
observation explores new dimensions of it.

Personality rights includes ‘Right to be Left Alone’ and ‘Commercial

Misrepresentation of Celebrities’