INTELLECTUAL

PROPERTY RIGHTS
INTELLECTUAL PROPERTY
Intellectual Property is an idea, a design, an invention, a manuscript etc, which
can ultimately give rise to a useful product and application.
Simply it is CREATION OF MIND.

INTELLECTUAL PROPERTY RIGHTS

Right of an inventor to derive economic benefits from his intellectual property;
this right is called as Intellectual Property Rights (IPR).
or
IPRs are legal rights that protect creations and/or inventions resulting from
intellectual activity in the industrial, scientific, literary or artistic fields.
OBJECTIVES OF INTELLECTUAL
PROPERTY RIGHTS

• Protect ownership and originality

• Recognition to concerned person or authority
• Provide Financial benefits
• Provides Financial incentives
INTELLECTUAL PROPERTY
TREATIES
• Paris Convention
• Berne Convention
• Madrid Agreement
• Patent Cooperation Treaty (PCT)
• The World Intellectual Property Organisation (WIPO)
• General Agreement on Tariffs and Trade (GATT)
• World Trade Organisation (WTO)
• The Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS)
• European Patent Convention (EPC)
PARIS CONVENTION FOR THE PROTECTION
OF INDUSTRIAL PROPERTY, 1883
• Signed in Paris, France on March 20,1883
• At that time, 11 states are in party of the convention.
• First intellectual property treaties.
• Establish a Union for the protection of industrial property.
• This convention is still in force.
• Administered by WIPO, based in Geneva, Switzerland.
• India’s membership into the convention came into force on December 7, 1998
• Mainly focus on Patent
• Mainly 3 topics-
National Treatment- no discrimination
Right of Priority
Independence of Patent
BERNE CONVENTION FOR THE PROTECTION
OF LITERARY AND ARTISTIC WORKS, 1886
• Mainly for copyright
• Adopted on september 9,1886
• Entered into force on December 4, 1887
• 3 basic principles-
National Treatment
Automatic Protection
Independence of Protection
• Administered by WIPO
MADRID AGREEMENT

• Established in 1891
• Related to trademark
• For the purpose of providing a mechanism that would allow for a single and inexpensive international
trademark registration and to eliminate the need for filing, prosecuting or maintaining separate
registrations in multiple countries.
• Adopted on June 27,1989 and entered into force on December 1, 1995
• It came into force in India from July 8, 2013
PATENT COOPERATION TREATY (PCT) 1970

• Adopted on June 19, 1970 at Washington D.C

• Entered into force on January 24, 1978
• Related to patent as its name suggest
• It facilitates patent protection for an invention simultameously in a large number of countries;
• It came into force in India from December 7
• Complementary treaty of Paris Convention
TYPES OF INTELLECTUAL PROPERTY
RIGHTS (IPR)

• Copyright
• Patent
• Trademark
• Trade Secret
• Geographical Indication
COPYRIGHT
• Copyright is a legal right of creative artists or publishers to control the
use and reproduction of their original works.
• Copyright law prohibits the unauthorised duplication, adaption or
distribution of creative works.
REGISTRATION PROCESS OF COPYRIGHT

1. Filing Application Form

2. Examination
3. Registration

What is the term of protection of copyright?

The general rule is that copyright lasts for 60 years.

 In the case of original literary, dramatic, musical and artistic works the 60-year
period is counted from the year following the death of the author.
 In the case of cinematograph films, sound recordings, photographs, posthumous
publications, anonymous and pseudonymous publications, works of government
and works of international organisations, the 60-year period is counted from the
date of publication.
 PATENT
A patent for an invention is granted by government to the inventor, giving the
inventor the right to stop others, for a limited period, from making, using or
selling the invention without their permission.