Ipr Eng Ebook PDF

Intellectual
Property Rights
- An Overview
Prepared by IPR Cell,

Bharathidasan University
ABOUT THE BOOK
This work has been created

with a view to increase
awareness about the
importance of IP and to
develop interest in the
whole new world of IP
CONTENTS
MODULES PAGES
Primer on IP 5
Patents 22
Copyrights 43
Trademarks 59
Other forms of IP 72
MO DUL E -1
PR I M E R ON IP
I N T R O DU C TI ON
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
Legal rights conferred on such products are called ‘Intellectual
India for protection.
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.
IPR - AN OVERVIEW | PG.6

creations of the human mind, like inventions,
Specifically, Intellectual property (IP) refers to the
literary and artistic 4orks, symbols, names, images and designs used in business. Intellectual
property is divided into two board categories: industrial property, which includes inventions
(patents), trademarks, industrial designs and geographical indications, while the other is
copyrights, which includes literary and artistic works, such as novels, poems, plays, films, musical
works, artistic works, such as drawings, paintings, photographs and sculptures and architectural
designs.

The most noticeable difference between intellectual property and other forms of property is that
intellectual property isintangible. The scope and definition of intellectual property is constantly
evolving with the inclusion of newer forms. In recent times, geographical indications,
protection of plant varieties, protection of semi-conductors and integrated circuits and
undisclosed information have been brought under the umbrella of intellectual property.

WH Y I S I PR I M P O R T ANT ?
It encourages creation of new, path breaking inventions, such as cancer cure
medicines
It incentivises inventors, authors, creators, etc., for their work
It allows the work created by a person to be distributed and communicated to
the public. It can be commercialised by licensing by the owner. Therefore, it
helps in the prevention of loss of income
It helps authors, creators, developers and owners to get recognition for their
works
With the establishment of the World Trade Organisation (WTO), the importance and role of
intellectual property protection has been crystallised in the Trade-Related Intellectual
Property Systems (TRIPS) Agreement.With the establishment of WTO, and India being a
signatory to the agreement on TRIPS, several legislations were passed for the protection of
intellectual property rights to meet the international obligations.

KI ND S O F I PR
Intellectual Property Rights as a collective term includes the following independent IP rights
which can be collectively used for protecting different aspects of an inventive work for
multiple protection
Patents
Design
Trademarks
Copyrights
Geographical Indication
Plant Variety protection
Layout-Design protection

PA TE N T S
A Patent is astatutory 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
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 Patents Act, 1970 (as amended)

DE SIG N
features of shape, configuration, pattern or ornament or
'Design' means only the
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
Example

Concerned IP Act: Designs Act, 2000

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

Concerned IP Act: Trademarks Act, 1999 (as amended)

CO PY R I G H TS
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
Example

Registrar of Copyrights
Concerned IP Act: The Copyright Act, 1957 (as amended)

G E O G R AP H I C AL I ND I C AT IO N S
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
Example

Concerned IP Act: The Geographical Indications of Goods (Registration &
Protection) Act, 1999

PL AN T VAR I E TY P R OT EC T I ON
Protection granted for plant varieties, the rights of farmers and plant breeders and to
encourage the development of new varieties of plants
Example
Ministry of Agriculture
Protection of Plant Varieties & Farmers' Rights Authority
Concerned IP Act: The Protection of Plant Varieties and Farmers’ Rights
(PPV&FR) Act, 2001

L AY O U T - DE S I G N P R OT EC T I O N
Protection granted for layout design in semiconductor integrated circuit and for matters
connected therewith
Example

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

G EN E T IC R E SOU R CES & TR ADITIO N A L K N O W LE D G E
Genetic resources (GRs) refer to genetic material of actual or potential value. Genetic
material of plant, animal, microbial or other origin containing functional
material is any
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.

TRADE SECRET
Anyconfidential 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.

I P M AS C O T

TOUCH HERE gist
Intellectual Property
IP means the property, which is created with intellect such as inventions, books, paintings, songs,
symbols, names, images, or designs used in business, etc.
IP is a property which cannot be touched or seen and is product of a person’s intelligence, hard work, and
skill.
IP, like any real property that

i) can be bought, sold, licensed, exchanged, given away
ii) The owner can prevent unauthorized use and can take legal action, in case someone else uses it
without permission
Legal rights conferred on such property are called “Intellectual Property Rights” (IPRs).
Self - evaluation
1 . Wh at doe s an IP r ig ht en ti t l e a p erso n?
a) Rig ht to file a sui t i n c ase of i nf ri ngement
b)Rig h t to ex c lude ot h ers
c)R igh t to tr ansf er
d )Al l of the ab ove
2. Wh ich one of the fo l lo wi ng c ann ot be p r ote cte d by I n tel le ctu al P r op e rty Righ ts ?
a) A com position of a so ng
b)A pr og ra mm e c od e
c)A bo o k
d)A p iec e of land

M O DULE -2
P A T E NT S
I N T R O DU C TI ON
A Patent is an intellectual property right relating to inventions and is the grant of

exclusive right, for limited period, provided by the Government to the patentee, in exchange of
full disclosure of their invention, for excluding others, from making, using, selling, importing the
patented product or process producing that product for those purposes.
The purpose of this system is to encourage inventions y promoting their protection and
utilization so as to contribute to the development of industries, which in turn, contributes to
the promotion of technological innovation and to the transfer and dissemination of technology.
Patent right is territorial in nature and a patent obtained in one country is not enforceable
in other country. The inventors/their assignees are required to file separate patent
applications in different countries for obtaining the patent in those countries.

EL E ME N T S O F PAT E N T AB ILI T Y
A new product or process should be technical in nature and should meet the
following criteria
Novelty : The matter disclosed in the specification is not published in India or

elsewhere before the date of filing of the patent application in India.
Inventive Step: The invention is not obvious to a person skilled in the art in the
light of the prior publication/knowledge/ document.
Industrially applicable: Invention should possess utility, so that it can be made or

used in an industry.

N ON - PA T E N TA B LE SU B JECT M ATTE R
An invention which is frivolous, or which claims anything obviously contrary to well

established natural laws
An invention the primary or intended use or commercial exploitation of which could be
contrary to public order or morality or which causes serious prejudice to human, animal or
plant life or health or to the environment
The mere discovery of a scientific principle or the formulation of discovery of any living thing
or non-living substances occurring in nature
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 known process results in a new product or employs at
least one new reactant

N ON - PA T E N TA B LE SU B JECT M ATTE R .. .
A substance obtained by a mere admixture resulting only in the aggregation of the

properties of the components thereof or a process for producing such substance.
The mere arrangement or re-arrangement or duplication of known devices each functioning
independently of one another in a known way
A method of agriculture or horticulture
Any process for the medicinal, surgical, curative, prophylactic diagnostic therapeutic or
other treatment of human being or any process for a similar treatment of animals to render
them free of disease or to increase their economic value or that of their products
Plants and animals in whole or any part thereof other than microorganisms but including
seeds, varieties and species and essentially biological processes for production or
propagation of plants and animals

NON-PATENTABLE SUBJECT MATTER ...
A mathematical or business method or a computer program per se or algorithms

A mere scheme or rule or method of performing mental act or method of playing game
A presentation of information
An invention which in effect, is traditional knowledge or which is an aggregation or
duplication of known properties of traditionally known component or components
Inventions relating to atomic energy and the inventions prejudicial to the interest of security
of India.
Use after filing patent application

R E GIS T R A T I ON PR O C ED U R E
Filing an application
Application form in duplicate (Form 1)
Provisional or complete specification in duplicate. If the provisional specification is filed, it
must be followed by the complete specification within 12 months (Form 2)
Drawing in duplicate (if necessary)
Abstract of the invention in duplicate
Information & undertaking listing the number, filing date & status of each foreign patent
application in duplicate (Form 3)
Priority document (if priority date is claimed) in convention application, when directed by
the Controller
Declaration of inventor-ship where provisional specification is followed by complete
specification or in case of convention/PCT national phase application (Form 5)
Power of attorney (if filed through Patent Agent)
Fee

R E GIS TR A T I ON P R O CE D U R E .. .
Publication
All the applications for patent, except the applications prejudicial to the defence of India or
abandoned due to non-filing of complete specification within 12 months after filing the
published in the
provisional or withdrawn within 15 months of filing the application, are
Patent Office Journal just after 18 months from the date of filing of the application or
the date of priority whichever is earlier. The publication includes the particulars of the
date of the application, application number, name and address of the applicant along with
the abstract.
Early request for Publication
The applicant may also file a request for early publication in Form-9 with a prescribed fee.
The above application is published ordinarily within one month from the date of the request
on Form-9. The applicant shall have provisional Rights from the date of publication.

R E G IS TR A T I ON PR O C ED U R E . . .
Request for examination
No application for patent will be examined if no request is made by the applicant or by any
other interested person inForm-18 with prescribed fee, within a period of 48 months from
the date of priority of the application or from the date of filing of the application,
whichever is earlier. Where no request for examination of the application for patent has been
filed within the prescribed period, the aforesaid application will be treated as withdrawn
and, thereafter, application cannot be revived.
Examination
A First Examination Report (FER) stating the objections/requirements is communicated to
the applicant or his agent according to the address for service ordinarily within six months
from the date of request for examination or date of publication whichever is later.
Application or complete specification should be amended in order to meet the
objections/requirements within a period of 12 months from the date of First Examination
Report (FER). No further extension of time is available in this regard.

Pre-grant Opposition
Where an application for a patent has been published but a patent has not been granted,
any person may, in writing represent by way of opposition to the Controller against the grant
of any Patent. The representation shall be filed at the appropriate office and shall include a
statement and evidence, if any, in support of the representation and a request for hearing
if so desired.
Grant of Patent
When all the requirements of the FER are met or in case of opposition, if the opposition is
decided in favour of the applicant ,the patent is granted, after 6 months from the date of
publication, the letters patent is issued, entry is made in the register of patents and it is
notified in the Patent Office Journal, thereafter opening the application ,specification and
other related documents for public inspection on payment of prescribed fee.

Post grant Opposition
Any interested person can file notice of opposition (along with written statement and
evidence, if any) any time after the grant of Patent but before the expiry of a period of one
year from the date of publication of grant of a Patent in the Patent Office Journal .The above
notice shall be filed on Form-7 along with a fee , in duplicate at the appropriate office. The
grounds of opposition are the same as given before in case of pre-grant opposition. The post
grant opposition is decided by an Opposition Board followed by a hearing and the
reasoned decision by the Controller
Term of Patent
Register of Patent contains the name and address of the patentee, notification of assignment
etc., in respect of validity or proprietorship of patent and payment of renewal fee. Term of
every patent in India is 20 years from the date of filing of patent application,
irrespective of whether it is filed with provisional or complete specification.

Renewal fee
To keep the patent in force, Renewal fee is to be paid every year. The first renewal fee is
payable for the third year and must be paid before the expiration of the second year from
the date of patent If the patent has not been granted within two years the renewal fees may
be accumulated and paid immediately after the patent is granted, or within three months of
its recordal in Register of Patents or within extended period of 9 months ,by paying extension
fees of six month on Form 4, from the date of recordal. If the renewal fees is not paid within
the prescribed time, the patent will cease to have effect.
Restoration
Application for restoration of a patent that lapses due to non-payment of renewal fees must
be made within 18 months of lapse. The application is to be filed in the appropriate office
according to the jurisdiction.

R IG H T S O F T H E P A T EN T E E
Where a patent covers a product, the grant of patent gives the patentee the exclusive right
to prevent others from performing, without authorisation, the act of making, using, offering
for sale, selling or importing that product for the above purpose. Where a patent covers a
process, the patentee has the exclusive right to exclude others from performing, without his
authorisation, the act of using that process, using and offering for sale, selling or importing
for those purposes, the product obtained directly by that process in India.
A S S IG N M E N T
A patentee may assign the whole or any part of the patent rights to the whole of India or
any part thereof. There are three kinds of assignments: legal assignment, equitable
assignment and mortgages. An assignment (or an agreement to assign) of an existing patent
is a legal assignment, where the assignee may enter his name as the patent owner. A certain
share given to another person is called an equitable assignment and a mortgage is when the
patent rights are wholly or partly transferred to obtain money.

L I C E N SE
The Patents Act allows a patentee to grant a License. The types of licenses recognised in
India are express, statutory, implied, exclusive and non-exclusive. Although the Patents Act
grants the patentee a right to license their patented invention, a limitation on this is in the
nature of compulsory licensing under special circumstances.
Compulsory License found a place in the Patents Act to prevent the abuse of patent as a
monopoly and to make way for commercial exploitation of an invention by an interested
person. Under this section, any person can make an application for grant of a compulsory
license for a patent after three years, from the date of grant of that patent, on any of the
following grounds:
The reasonable requirements of the public with respect to the patented invention have not
been satisfied
The patented invention is not available to the public at a reasonably affordable price
The patented invention has not worked in the territory of India

S UR R E N DE R O F P A T EN T S
A patentee may, at any time by giving notice to the controller, offer to surrender their
patent. Where such an offer is made, the controller shall advertise the offer, and also notify
every person whose name appears in the Register as having an interest in the patent. Any
person interested may give notice of opposition to the surrender. The controller, after
completing the procedure and hearing the parties may accept the offer and revoke the
patent.
R E V O C A T IO N O F PA TE N T S
Subject to the provisions contained in the Act, a patent, whether granted before or after the
commencement of this Act, may, be revoked (i) on a petition by (a) any person interested; or
(b) the central government, or (ii) on a counter claim in a suit for infringement of the patent.

I N F RI N G E M E N T
The Indian Patent Act does not specifically define activities that constitute infringement of
patent rights. But violation of patentee monopoly rights would constitute infringement of
patent.
R E M E D IE S
Administrative Remedy
Civil Remedy
P E N A LTI E S
The penalty that a court may grant in any suit for infringement includes an injunction and at
the option of plantiff, either damages or an account of profits. The court may also order that
the goods which are found to be infringing and materials and implements the predominant
use of which is in the creation of infringing goods shall be seized, forfeited or destroyed.

P A T EN T O F F I C ES
The Patent Office, under the Department of Industrial Policy & Promotion (DIPP) , Ministry
of Commerce & Industry, performs the statutory duties in connection with the grant of
patents for new inventions and registration of industrial designs. Patent Offices are located
at Kolkata , Mumbai, Chennai and Delhi to deal with the applications for patents
originating within their respective territorial jurisdictions.
A PP E L L A T E BO A R D
Intellectual Property Appellate Board (IPAB) , a statutory body under DIPP established
under the provisions of the Trade Marks Act on 15th September 2003 in Chennai to hear
appeals against the decisions of the Registrar of Trade Marks and Geographical Indications
and Controller of Patents. Since its establishment in 2003, work has increased manifold. It
takes up the administration of the IP legal regimes envisaged under the Trade Marks Act,
1999, the Geographical Indications (Registration & Protection), Act, 1999 and the Patents Act,
1970 (as amended).

TOUCH HERE GIST
Self - evaluation
1 . Th e pa te nt owne r s h al l own pa t en t ri gh t f o r a ma x im u m per i od o f
a)10 year s and r ene wed
b)15 ye ars f rom the d at e of f i l in g of appl i c ati o n
c)20 ye ars p lus li fe of t he pat en t ee
d)20 y ear s fr om the d at e of f i l in g o f ap pl ic a t io n
2 . A n ap plica tion for a p at ent s h al l ord i n ari l y b e p ub l ish e d a f ter

a)18 mo nths
b)24 months
c)48 months
d)12 mo nths

M O DULE -3
CO PY R IG H TS
I N T R ODU CTION
Copyright is a form ofintellectual property protection granted under Indian law to the
creators of original works of authorship such as literary works (including computer
programs, tables and compilations including computer databases which may be expressed in
words, codes, schemes or in any other form, including a machine readable medium),
dramatic, musical and artistic works, cinematographic films and sound recordings. Copyright
law protects expressions of ideas rather than the ideas themselves.
Copyright refers to a bundle of exclusive rights vested in the owner of copyright. These rights
can be exercised only by the owner of copyright or by any other person who is duly licensed
in this regard by the owner of copyright. These rights include the right of adaptation, right of
reproduction, right of publication, right to make translations, communication to public etc.
Copyright protection commences the moment a work is created, and its registration is
optional. However, it is always advisable to obtain a registration for a better protection.

S U B J EC T M A TT ER OF CO PY R IG H T
There is no copyright in ideas. Copyright subsists only in the material form in which the ideas
are expressed. Works protected by copyright are:
1. Original, Literary, dramatic, musical and artistic works;
2. Cinematographic film; and
3. Records
Literary work- Copyright subsists in original literary works and relates to the expression of
thought, but the expression need not be original or novel.
Dramatic work- Copyright subsists in original dramatic work and its adoption.
Musical work- Copyright subsists in original musical work

S U B J EC T M A TT ER OF CO PY R IG H T. . .
Cinematograph film includes the sound track, if any. It also includes any work produced by
any process analogous to cinematography. A video film is considered to be a work produced
by a process analogous to cinematography. A movie may be taken of a live performance like
sport events, dramatic or musical performance.
Record includes
Any disc, tape, perforated roll or other device in which sounds are embodied so as to be
capable of being reproduced there from
The sound tract in a cinematography film is not a record unless it is separately recorded in
a disc tape or other device
Where the record is made directly from a live performance the owner of the disc or tape in
which the recording is made will be the owner of the copyright

R E G IS T R A T I ON PR O C ED U R E
Application for registration is to be made on Form XIV (Including Statement of Particulars

and Statement of Further Particulars) as prescribed in the first schedule to the Rules
Separate applications should be made for registration of each work
Each application should be accompanied by the requisite fee prescribed in the second
schedule to the Rules
The applications should be signed by the applicant. The Power of Attorney signed by the
party and accepted by the advocate should also be enclosed, if applicable
The fee is to be paid either in the form of Demand Draft or Indian Postal Order favouring
"Registrar of Copyrights Payable at New Delhi" or through e-payment. Each and every
column of the Statement of Particulars and Statement of Further Particulars should be
replied specifically

R E G IS T R A T I ON PR O C ED U R E . . .
Upon filing an application for copyright with complete details and copies, the author has
to wait for a mandatory period of 30 days for any objection that may be filed in the
copyright office against the claim that the concerned work is created by the applicant. If
any objection is filed, it may take one month's time to decide as to whether the work could
be registered by the registrar of copyrights after giving an opportunity of hearing the
matter from both the parties
If no objection is filed within the said period, the application is then formally examined
and objections by the examiner, if any, are raised, or any extra documents required are
requested for. Response to the objections/examination report has to be filed within
30 days
A copyright registration certificate is issued by the copyright office after the
objections, if any, are overcome to the satisfaction of the copyright office

T E RM OF P R O T E C T I ON
The term of protection granted for works of copyright varies depending on the type of work
sought to be protected. Literary or musical or artistic works, are granted copyright protection
for a period which extends through the lifetime of the author and 60 years from the year
in which the author dies.

Cinematograph films, photographs and computer programs are protected for 60 years from
the end of the year in which the work is made available to the public with the consent of
the owner of the copyright. Sound recordings are protected for 60 years from the end of the
year in which the recording is first published.
O W N E R SH I P O F C O P Y R I G H T
The owner of copyright in a work is generally, at least in the first instance, the person who
created the work, i.e. the author of the work. But this is not always the case. Certain
national laws also provide that, when a work is created by an author who is employed for the
purpose of creating that work, and then the employer, not the author, is the owner of the
copyright in the work.

A S S I G N M E N T OF C O P Y R I G H T
Under an assignment, the rights owner transfers the right to authorize or prohibit certain
acts covered by one, several, or all rights under copyright. An assignment is a transfer of a
property right. So, if all rights are assigned, the person to whom the rights were assigned
becomes the new owner of copyright. In some countries, an assignment of copyright is not
legally possible, and only licensing is allowed.
L I C EN CE O F C O PY R I G H T
Licensing means that the owner of the copyright retains ownership but authorizes a third
party to carry out certain acts covered by his economic rights, generally for a specific
period of time and for a specific purpose. For example, the author of a novel may grant a
license to a publisher to make and distribute copies of his work. At the same time, he may
grant a license to a film producer to make a film based on the novel. A license, unlike an
assignment, does not generally convey the right to authorize others to carry out acts covered
by economic rights.

C O P Y R IG H T I N F R I N G EM E N T
Copyright infringement occurs when someone other than the copyright holder copies the
expression of a work. This means that the idea or information behind the work is not
protected, but how the idea is expressed is protected. For example, there have been many
movies about Pirates, but only one Jack Sparrow.

Copyright infringement can occur even if someone does not copy a work exactly. This
example of copyright infringement is most easily apparent in music and art. Copyright
infringement occurs if the infringing work is substantially similar to the copyrighted work.
An owner of a copyright owns a bundle of rights. Each of these rights can be sold or assigned
separately. Copyright infringement occurs when one of those rights are used without the
express consent of the copyright owner.

E X C E P TI ON S
research, study, criticism, review and news
Subject to certain conditions, a fair deal for
reporting, as well as use of works in library and schools and in the legislatures, is
permitted without specific permission of the copyright owners. In order to protect the
interests of users, some exemptions have been prescribed in respect of specific uses of works
enjoying copyright.
Some of the exemptions for the uses of the work:

for the purpose of research or private study
for criticism or review
for reporting current events
in connection with judicial proceeding
performance by an amateur club or society if the performance is given to a non-
paying audience, and
the making of sound recordings of literary, dramatic or musical works under certain
conditions

R E M E DI E S
The remedies for copyright infringement are:
a) Civil
b) Criminal, and
c) Administrative
R E LA T E D R I G H T S
Related rights (also known as neighboring rights) are rights of performers, producers of sound
recordings and broadcasting organizations. These related rights are secondary rights and
cannot exist on their own, but they accrue from the copyrighted work. These are the rights given
to the persons or legal entities who contribute to producing or making of the copyrighted work.
Under some laws, additional rights are also granted. Remedies for infringement or violation of
related rights are in general similar to those available to copyright owners.

D I S T I N C T IO N B E TW E E N R E L A TE D R IG H T S A N D CO P YR I G H T S
The term "copyright" in its narrow sense usually refers to the rights of authors in their literary and
artistic works. The main social purpose of protection of copyright is to encourage and reward
creative work. The income generated by copyright may allow authors to dedicate themselves to
creative work and can help to justify the considerable upfront investment often entailed in the
creation of certain types of works, such as films. Copyright is thus the economic backbone of
cultural industries.

In the wider sense, copyright also includes "related rights". The main social purpose of protection
of related rights is to protect the Performers for their creative work. Protection of phonogram
producers and broadcasting organizations safeguards the investments required to produce
sound recordings or the financial and organizational resources needed to bring a broadcast to
the public.

TOUCH HERE GIST
Self - evaluation
1. W hich o f the foll owin g c ann ot be protec ted by c op y r ig hts ?

a )A boo k
b) A s ound re cord ing
c )A scul pt ur e
d)A n i nve nt ion
2 . W hich o f the foll owin g IP R i g hts n eed no t be n ece ssa r ily r eg ist e re d to s e e k p ro te c tio n ?
a) Pat ent s
b )De sign s
c ) Co pyri ghts
d )T ra dem a r ks

M O DUL E -4
TR A D E MA RK S
I N T R ODU CTION
A trademark is any sign that individualizes the goods of a given enterprise and distinguishes
them from goods of its competitors. Marketing of a particular good or service by the
producer is much better off as by trademark because recognition becomes easier and quality
is assured. The owner of the mark can prevent the use of similar or identical signs by
competitors if such marks can lead to confusion. By this way similar low-quality substitutes
will be prevented from replacing good quality ones. A trademark is a word or symbol, or
combination thereof used by manufacturer or vendor in connection with a product or service.
The distinctiveness is maintained as well as sales are much smoother as people are able to
identify with that particular commodity or service.
It is said that a trademark is a valuable business asset and a marketing tool which could
help in financing of the business in a way.

DI F FER E N T KI N DS OF M AR KS
Service Mark - A service Mark is any word, name, symbol, device, or any combination used
or intended to be used in commerce to identify and distinguish the services of one provider
by others and to indicate the source of services.
Collective Mark - A collective Mark is one used by members of a cooperative association,

union or other collective group or other group or organization to identify source the of goods
or services.
Certification Mark - A certification Mark is a mark which indicates that certain qualities of
goods or services in connection with which the mark are used is certified.
Trade Dress - Trade dress refers to combination of elements that make up the look, feel, or
environment of a product or business. Trade Dress is non-functional physical detail.

N ON - R EG IS TE R AB LE TR ADEM AR KS
A mark shall not be registered as a trade mark if it consists exclusively of the shape of goods
which results from the nature of the goods themselves. or
a) the shape of good which is necessary to obtain a technical result, or
b) the shape which gives substantial value of the goods
A mark shall not be registered as a trade mark if-
It is of such nature as to deceive the public or cause confusion

It contains or comprises of any matter likely to hurt the religious susceptibilities of any
class of section of the citizens of India
It comprises or contains scandalous or obscene matter
Its use is prohibited under the Emblems and Names (Prevention of Improper Use) Act, 1950
(12 of 1950)

R E G IS T R AT IO N P R O C ED U R E
Application
Any person claiming to be the proprietor of a trade mark used or proposed to be used by him,
who is desirous of registering it, shall apply in writing to the Registrar in the prescribed manner
for the registration of his trade mark.

A single application may be made for registration of a trade mark for different classes of
goods and services and fee payable therefore shall be in respect of each such class of goods
or services.

Every application shall be filed in the office of the Trade Mark Registry within whose territorial
limits the principal place of business in India of the applicant or in the case of joint applicants
the principal place of business in India of the applicant whose name is first mentioned in the
application as having a place of business in India.

R E G IS T R AT IO N P R O C ED U R E . . .
Registration
On the registration of a trade mark, the Registrar shall issue to the applicant a certificate in the
prescribed form of the registration thereof, sealed with the seal of the Trade Marks
Registry.

Where registration of a trade mark, is not completed within twelve months from the date of
application by reason of default on the part of the applicant, the Registrar may, after notice to
the applicant in the prescribed manner, treat the application as abandoned unless it is
completed within the time specified in that behalf in the notice.

The Registrar may amend the register a certificate of registration for the purpose of correcting a
clerical error or an obvious mistake.

A S S I G N M E N T AN D L I C E N S I N G
Assignment is the legal term for transfer of ownership which simply means any act of parties by
which interest or rights associated with property of any kind can be transferred from one party to
another party.
The assignee will become the subsequent proprietor of the trademark assigned whether in part
or in full based on the conditions agreed between the parties.
A License needs to be in writing and the Trademark Act allows the licensee to either be a
registered or unregistered user. The licensee of a trademark will enjoy the same rights as that
enjoyed by a registered trademark proprietor. Thus, the benefit of use of the mark by an
unregistered user also accrues to the registered proprietor.

IN F RI N G E M E N T O F T R A D E M A RK
A registered trade mark is infringed by a person who, not being a registered proprietor or a
person using by way of permitted use, uses in the course of trade, a mark which is identical
with, or deceptively similar to, the trade mark in relation to goods or services in respect of
which the trade mark is registered and in such manner as to render the use of the mark likely to
be taken as being used as a trade mark.
R E ME D I E S
The relief which a court may grant in any suit for infringement or for passing off includes
injunction (subject to such terms, if any, as the court thinks fit) and at the option of the plaintiff,
either damages or an account of profits, together with or without any order of the plaintiff,
either damages or an account of profits, together with or without any order for the delivery-up
the infringing labels and marks for destruction or removal.

P E N A LTI E S
Penalty for applying false trademarks, trade descriptions, etc
Penalty for selling goods or providing services to which false trade mark or false trade
description is applied
T R A D EM A R K R E G I ST R Y
A record called the Register of Trade Mark shall be kept at the head office of the Trade Marks
Registry, wherein shall be entered all registered trade mark with the names, addresses and
description of the proprietors, notifications of assignment and transmissions, the name,
addresses and description of registered users, conditions, limitations and such other matters
relating to registered trade mark as may be prescribed.

TOUCH HERE GIST
Self - evaluation
1 . Th e role of the tr ade mark r egi s tr y i s to

a) Regi ste r tr ad emark s
b)N oti fy trad e mar k o wn er i n c ase of in f ri n ge m en t
c) Regi ste r tr ad em ark i nf ri nge ment proc eedi n gs
d)Al l o f the a bove
2. A udi rings are p ro t ec te d b y

a)Pa tents
b)Des ig ns
c) Trad e dr ess
d)Tr ad ema rk s

M O DUL E -5
O T H ER F OR M S OF
IP
1
DESIGN
De si gn s ar e a pp lie d to a wi de va ri ety of i ndus tr ia l pr od uc ts a n d ha n dicr aft s. T h e y

re fe r to the orna me nt al or ae s t heti c as p ec ts o f a n a rti cl e, i nc lu d ing co m po sitio ns
o f lin es or color s or any t h ree- d i mens i ona l f or m s tha t giv e a sp e ci al a pp e ar a nc e
to a pro duct or handi c raf t . Th e des ig n mus t h av e a es the tic a ppe al . Mo r e ov e r , it
must b e a ble to b e re prod uc ed by i nd ustr ia l m ea n s; th is is th e esse ntial p u rp o se
o f th e d esi g n an d th e reas on th e desi gn i s c a l le d “ in du s tr ia l”.

N ON - R EG IS TE R AB LE D ESIG N
1 . A des ig n which
( a) is not new or o ri gi na l; or
(b ) has b e en di sc lo se d t o t h e publ i c an yw h er e i n I n d ia o r in an y o the r c o u ntr y
by pu b lication in tan gi bl e f orm or by use or i n a ny ot he r w ay pr io r t o th e filin g
da te , or whe re a pp li c abl e, t he p ri ori ty d ate o f th e ap p lic a tio n f or r e gis tr atio n ; or
(c ) i s not sig ni fi c ant l y d is t i n gui sha b l e f r o m kno w n d e sig n s o r co m b in at io n of
k no wn d esi g ns ; or
( d) co mp ri ses o r co nta i ns s c and a l ou s or ob s ce n e m at te r, s h al l n ot b e
re g is te re d.
2 . A des ig n should no t be c on t rary t o pub l i c o r der o r m or al ity .

R E G I STR AT ION PR OC EDU R E
F il ing a n a pp li ca ti o n i n pres c r ib ed f o rm a c c om p an ied by th e pr esc ribe d fe e a n d
four co pies of the rep res en t at i on of th e des i g n . Th e a pp lic a tio n c a n e ith e r be
fi l ed a t the Desig n w i ng o f t h e Pa tent of f ic e i n Ko lk ata o r a n y o f t he Br a nc h
O ff i ce s at Del hi , M um bai an d C he nn ai . H ow ev e r , the a ppl ic at io ns r e ce iv e d by th e
Bra n ch off ic es shal l b e t ran s mi t t ed to the H ead O f fic e i n K olk a ta f or pr oc essi n g
a nd pro sec u ti on.
Examination
Desi gn app li c ati ons are ta k en up f or exa mi na t io n by w a y o f f ili n g th e a pplica tio n

for registra tio n of Des ign on l y.

R E G I STR AT ION PR OC EDU R E . . .
Notification of Objections
Th e a pplic a nt i s requ i red to c or rec t th e d ef ec ts a n d r esu b m it the app lic at io n to

the pa tent of fi ce fo r ac c ep t anc e wi th in si x mo nt hs fr o m th e o f fi cia l da te o f the
ap p lica tion.
Registration and Publication
A n applica tion is ac c e pt e d w hen al l the sh ort co m in gs r ai sed in t he Ex a m in a tion

r eport h ave be e n r ec t i f i ed. If ac c ep ted , t he P a ten t O f fi ce is sue s t he re g ist ra t io n
ce rti fi ca te a nd therea f ter, i t i s dul y no t if i ed i n t h e P a t en t O ffi ce 's jo ur n al .

EFFE C T O F R E G ISTR ATION
O n ce a d esig n i s regi s t ered, i t gi v es the l egal ri gh t to b ri ng an ac tion a ga in st
t h ose per sons (n atur al / leg al en t i ty ) w ho i n f ri n ge th e d esi gn ri g ht, in th e Co u rt in
o r d er to stop suc h expl oi t at i on and t o c l ai m a n y da m a g e to w h ich the re g is te r e d
pr op rie tor i s le gal l y e nt i tl e d.
I t is possibl e to tr ans f er th e r ig ht t hro ugh a s sig n m en t, a gre em en t, tr an s m is s io n

w i th t er ms a nd c o ndit i on i n w rit in g or b y ope r at io n of la w .
T ER M OF PR OT EC TION
Th e du ra tion of the r egi s t ra t i on o f a d es ig n is i n iti al ly ten y ea rs f ro m th e da te of
re gi st r ation , b ut i n c as es wh ere cl ai m t o pri or it y h as be en a ll ow e d th e d ur a tio n is te n
ye ar s fr o m the p riority da t e. Th is in it i al p er io d of r eg i stra ti on ma y b e ex ten d ed by
fu rt h er p er iod of 5 y ea rs on a n a pp lic at io n m ad e in F o rm - 3 ac co m p an i ed by p re scr ib e d
fe e s to the C ontrolle r be fo re t he e xpi ry of t he sa id in it ia l peri o d o f te n y ea r s.

TOUCH HERE GIST
2
GEOGRAPHICAL
INDICATION
G eo gr ap hi ca l Indi c ati on ( G I) i s pri mar il y a n ag r icu l tur al , n atu ra l o r a m an u fa ctu r e d

p roduc t (handic rafts an d in du s t rial g oo ds ) o ri gin a ti ng f ro m a d ef inite g e og ra ph ica l
t erri to ry . A pr oduc t i s c o n s id ere d to be man uf ac tu re d i n a ter r ito ry if o ne of th e
act ivit ies of e ither the pro du c ti o n or o f p ro c es sin g o r pr ep a ra tio n of the go o ds ta k e s
pl ace the re. G I conveys a n ass ur a nc e of q ua li ty a n d di st in ct iv e ne ss w hic h i s esse nt ia l ly
att ri but a bl e to the fa ct o f it s o rig in in t ha t de fin e d g e o gr a ph ica l lo c al ity .

DI F FER E N CE B E TW EEN G I AN D TR A D E M A R K
G eog rap hi ca l in dic a tio ns ( GIs ) id ent if y a goo d a s o r igi na ti ng f ro m a p ar ticu la r

pl ace. By contra st, a tr adem ark i d en ti f i es a g o o d o r ser v ic e as o ri gina tin g fr o m a
pa rt icul a r comp any .

A tra de ma rk of ten c on s i st s o f a f a nc i f ul or a r b itr ar y s ign . I n co nt ra s t, th e n a m e
used a s a g e og raph i c al i ndi c at i o n i s us ua l l y p r ed eter m in ed by the n a m e o f a
geogra phic al a rea .

Fi nally , a trad e ma rk can be a s s ig ned or l i c ensed to a n y o n e, a n yw h ere i n t h e
wor ld, bec ause it is lin ke d to a spe c if ic c omp an y an d no t t o a pa rt ic ul ar plac e . I n
contr ast , a G I m ay b e us ed b y an y p erso ns in th e a rea o f o ri gin , wh o p ro du ce s th e
good a cc ord ing to spe ci fi ed s t and ards , b ut b e ca use o f i t s l in k wi t h th e p lac e o f
or igi n, a G I ca nnot be a ss i gne d o r l i c en sed to so m e one o utsi d e t ha t pl ac e o r n o t
b elo ngin g to the gr ou p of au t ho ri zed pr oduc e rs .
A pplicat ion for the re gi s t rat i on of a g eog ra ph ica l in d ic at io n is to be m a de in the
pr escrib ed f or m for s in gl e c l as s or f or mul ti p le cla ss es an d a cc o mp a n ie d b y the
pres cri be d fee . It m u s t be mad e in tri p l ic a te a lo ng w i th th re e c o pie s of a
St ate ment of C ase ac c om pan i ed b y f i v e a d di tio n al r epr ese nt ati on s . T h e
a pplica ti on is r eq ui re d to b e s i gn ed by the ap pli ca nt o r the ir a gen t
Registration
A f ter ex amina tion, If no not i c e of o ppos i ti on is f il ed to an ap pli ca tion for th e

regi st ration of a g eo g raphi c a l i ndi c at io n ad v e r tis ed o r re -a d v er tis e d in th e
jo urn al within the pe ri od s pec i f ie d, th e R egi s tr ar s ha ll , en ter t he ge o gr a ph ic al
i ndi cat ion in Pa rt A o f t he reg i st er o n rec ei pt of a r equ est

EFFE C T S OF G I PR OTECTION
P rot ec ting a ge og rap h ic a l i nd ic a t io n ( GI ) en ab les th os e w ho h a v e t he righ t to u s e
t h e in dica tion to take m eas ur es a g ai ns t oth er s w h o us e i t w ith ou t p e rm iss io n a nd
be nefit fr om its r ep u t at i on ( “f re e-ri ders” ) . A ge og r ap hi ca l in d ic a tio n’s re p u ta tio n
i s a v a lu able, c oll e c ti ve, an d i nt a ngi b l e as set. I f n ot p r ote cte d, it cou ld be u s e d
w i t ho u t r estr iction a nd it s val u e d imi ni s hed an d ev e nt ua ll y lo st . I n g e n era l, GI s,
bac ked up by so l id bus i n es s m an a gemen t , c a n br in g w it h
Comp etit iv e ad v ant ag e
·M ore a dde d va l ue to a pro du c t
Incr eased ex po rt o ppo rt u ni ti es
A streng t hen ed bra nd
T ER M OF PR OT ECTI ON
A geo gra phic al i ndi c at i on is re gi s tered f or a p er io d o f te n y ea r s. Th e r e gis tra tio n
can be rene wed f rom t i me t o t im e f or f urt her te n y ea rs fr o m th e e x pira tion of
la st r egi stra tio n
TOUCH HERE GIST
3
PLANT VARIETY
PROTECTION
T o pro te ct the r ig hts o f t h e br eeders a nd f arme rs , Go v er nm en t of I n dia h as e na c te d th e

P lant Va r ieties P r ote c ti o n and Fa rmers R i gh ts ( P V P F R ACT, 2 001 ) an d e ffe ctiv e fr o m
Jan ua r y 2006. It has b ec ome i mpera ti ve on the pa rt o f th e G ov e rnm e nt o f I nd ia to
d eve lo p o ur own sui - ge n eri s ( a La ti n phras e mean i ng ‘o f th ei r ow n k ind ’) sy s te m to
p rovide a frame wor k fo r Pla nt Va ri ety Prot ec t io n a nd F a r me r s R ig ht .

R E G I STE R A B LE PLAN T VAR IETIES IN IN D I A
N e w Va ri e t y - A va r i e t y w h ic h is no t in pub li c do ma in i n I n di a e ar l i e r t h an o n e ye a r b e f o r e th e
da t e o f f i l i ng; o r o u tsi d e In d i a, in th e c as e o f tr ees o r v in e s e a r l i e r th a n s ix y e a r s , o r in a n y
o t her cas e , e a r l i er t h an fo u r y ea rs .

E x tan t Va r i e t y - A var i e ty w hi c h is n o tif i ed un d er S e e d Ac t , 19 6 6 o r a v ar i e ty ab o u t w h ic h
th er e i s com m o n k no w l e d g e o r a f ar mer s ’ var i et y o r an y ot h e r v ar ie ty w h i c h i s i n pu b l i c do m a in
i s c o n sid er e d a s an Ex ta nt v a r iet y.

Fa r mer s Var i et y - A var i et y w hi ch ha s b e en tr a d it io n a l l y c ul t i v a te d a n d e v ol v e d b y th e f a r me r s
i n th eir f i el d s o r a var i e t y w hic h is a wi ld re la ti v e o r l an d r ac e o f a v ar i e t y ab ou t w h ic h
f ar m er s p o s se s s c o m m o n k n o wl ed g e .

Essen ti al l y De r i ve d Va r ie t y ( E D V) - A n “ es s e nt ia lly d e r i v e d v ar i e t y ” s h al l b e s a i d t o b e
essen tial l y de r i ve d f r o m in i t i al v ar i et y

Form of application
Th e a pplic a tion f or reg i st rat i on of a v ari ety m ust be ac co m pa n ied w ith p re s c ribe d
f ees a nd e nou gh qu ant i t y o f s eeds o f th e s ai d va r iety f or th e p ur p o se o f
con du ct in g tests to eva lu at e w he ther seeds al on g w ith p a r en tal m a t e ria l co n for m
to t he spe ci fi ed stan dar ds .
Advertisement of reg. application

O n ce th e a ppl ic a ti on f or re gi s t rat i on of a pl an t v ar iety is a cce p te d, t he Re g ist ra r
wil l ad v er ti se th e a p pl i c ati o n w i th l i mi t at i on s, if a ny , a n d th e spe ci fic at io ns o f
th e v a ri ety i nc l ud i ng i ts pho t ogr aph s or dra wi ng in th e pr e scr ib ed m a n n er fo r
ca ll in g o bj ec ti on s f r om the pe rs on s in te res t ed in t he m a t te r.

Opposition to the Acceptance
A fter th e adv er tise m e nt of ac c epta nc e, wi th in th r ee m on th s f r om th e d ate of th e
ad v ert is eme nt, any p e rs on , o n pa y ment o f th e p re sc ri b ed f ee s, m a y giv e no tice of
o ppos it ion to Re gi str at i o n, in wr it i ng, to th e R eg ist ra r.
Registration
O n ce th e a ppl ic a ti on f or re gi s t rat i on of a va ri ety , o th er th an a n e ss e nt ia lly
derived va rie ty, h as bee n ac c e pt ed wi th or wi th o ut o pp o sit io n, th e R egi st rar sh al l
r egi st er the vari e ty; is s ue a c ert i f ic at e of re gi str a ti on to t he ap pl ica nt sea led
wi th t he se al of the R eg is t ra r.

The bre eder is r eq uire d t o dep osi t s uc h qua n tit y o f s ee d s o r p r op ag a t in g ma ter ia l
of th e r egi ste r ed var iet y i n t he N a t io nal G ene B an k a s m ay b e s p ec ifi ed f o r
r eprod uc ti on pur pose s a t bree der’s expe ns e.
G EN E F U N D
A g en e fund is create d u n der th e Ac t f rom the co ntr ib uti on rec ei v ed fro m

n at ion al a nd internati o na l age nc i es / benef i t sh ar in g f r om br eed er/ an n u al fe e
p a ya ble to a uthori ty by wa y o f roya l ti es . Th i s w i ll h elp in th e co n s e rv a tion an d
sust ai na ble use of g e net i c r es ou rc es bo th i n- situ a nd ex - si tu an d for
stren gt h ening the c ap abi l i t i es o f th e p a nc ha ya t in ca r ry i ng o ut co ns e r v atio n a nd
susta i n ab le use. Fund w ill be a ppli e d f or d isb ur sin g s ha r es to b en ef it c la i m e r s
(in divid u al and or g an i za t ion) , fo r co mp en s ati o n to v il la ge co m mu n iti es an d
be nef it sha ring awa rd. Ce n tr al Go v er n men t sh al l c o ns titu te a N a tio n al Ge ne F u n d.
T ER M OF PR OT E CTION
Th e p eriod of v al i di ty o f c e rt if i c a te of reg i st r ati on i s eig h tee n y ea r s in ca s e o f
tre es a nd vines; and fi f t een yea rs i n c as e o f o th er c ro p s.


TOUCH HERE GIST
4
LAYOUT DESIGN
PROTECTION
A s em i con duc tor layout des i gn mea ns a l a yout o f t ra n sisto r s a n d oth e r c ir cu itr y
e l ements and inc lud es l ea d w i res c o nnec ti ng suc h e lem en ts a nd ex pr e s s e d in a n y m a n n e r
i n sem i co nductor i nte gr a t ed c i rc ui ts .Semi c on d ucto r I n te g ra ted Circ u its La y o u t De s ign
R eg istr y (SICL DR) es tab l is he d f or prot ec ti o n of o r igi na l La y o ut- De s ig ns of
Sem ico ndu ctor Integ rat e d C i rc ui t s a s per t he pr o vis io ns of th e S em ic o n du ct o r
In tegra ted C i rc ui ts La you t - D es ig n A ct 20 00

·F ili ng of a ppl ic a tio n b y t h e c re at or of t he l a y ou t- d esi g n a t th e SI C LD Re g is tr y .

Regis tr ar ma y a c c ep t , re fu s e th e appli c a ti on o r a c cep t w i th so m e
mo di fic ati on s.
The a cce pted a ppl ic a t io n s s ha l l be a dv erti sed w i th in 1 4 da y s o f acc e pta nc e .
Any op posi tio n to t h e ad ve rt is em en t c an be f i led w i thi n 3 m on th s fr o m the
da te of adv erti sem en t.
The co unte r -sta temen t t o t he n oti c e of o p po si tio n , if a n y , to b e f ile d w ith in 2
mo nth s fr om th e da t e of rec ei pt of c o py of n oti ce o f o p po sit io n fr o m the
Re gistra r.
A copy of the co unt e r st a t eme nt pr ov i d ed to th e o p po sin g pa rty .
The Re gistr ar may t a k e h ear in g w i t h the par tie s

The Reg istra r wi l l dec i d e on t he ori g i na li ty o f th e la y o ut- d esi g n an d gr a nt or

re ject the app li ca t i on fo r reg i s t ra ti on ba se d o n th e co nc lu sio n s re a ch e d by
him .
·A ggrie ved pa rty c a n a ppea l to A p pel l ate B o ar d o r in i ts ab se nc e Civ il C ou rt for
reli ef on any r uli ng of t he R egi s trar
R E G I STE R A B LE SEM ICON DU CTO R LA YO U T D E SIG N

A ny In t eg ra te d Ci r c u it L ay ou t D esi g n s ati s f yin g f ol lo w i ng cr it er ia ca n be
reg ister ed und e r thi s A c t :
·O ri gin al
D ist incti ve
C apa ble of d isti ngu i shi n g f ro m a ny o ther l ay o ut de sig n
Have not be e n c omm erc i a l ly exp lo i ted a nyw he re i n I n d ia o r i n a co n v e ntio n co u n tr y

R E G I STR AT ION B EN EF ITS
Pr ote cts In te ll ec tua l Prope rt y ( i .e. l ayo ut-des ig n ) o f S em ic on du ctor I n te gr ate d

Circ uit s. G iv es Exc l u s i ve R i gh t t o t he c rea tor o f la y o ut- de sig n f o r 1 0 y e ar s .
E xcl usiv e Rig ht en abl es th e o wn er to c ommerc i al ly ex pl oi t th e cr ea tio n an d in
case o f infr in gem ent, get re li e fs permit ted un d e r t he Act .
T ER M OF PR OT EC TION
A peri od of 1 0 year s c o unt ed f rom t he dat e of fi lin g an app li ca tio n f or

r eg is tra tio n o r f ro m t he da te o f fi rs t c omm er ci al ex plo it at io n a ny w he re i n I n d ia
o r in an y co nv e nt ion c ountr y or c o un t ry s pe c i fi ed b y Go v er nm en t o f I nd ia
wh ic h ev er i s e ar li er.

TOUCH HERE GIST
Self - evaluation
1 . Wh ich of these p rodu c t s em bod y i n teg r ate d c irc ui t to p o gr ap hi es

a)Te levision
b)C omp ute r
c)Au t om ob ile
d)A ll o f the a bove
2. W h ich of the se i s a g eogr aph i c al in d i c ati on

a)Worl d wide we b
b )BM W
c)P lay sta tion
d)Darj eeling te a

References
Intellectual Property – The Future, CIPAM, 2017
(http://cipam.gov.in/wp-content/uploads/2017/09/bookletIPR.pdf)
Make in India – Intellectual Property Facts

(http://www.makeinindia.com/article/-/v/intellectual-property-facts)
WIPO Intellectual Property Handbook, WIPO publication 489(E)

(http://www.wipo.int/edocs/pubdocs/en/intproperty/489/wipo_pub_489.pdf)
What is Intellectual Property, WIPO publication 450(E)

(http://www.wipo.int/edocs/pubdocs/en/intproperty/450/wipo_pub_450.pdf)
NCERT - Entrepreneurship Development
IPTSE (Intellectual Property Talent Search Examination)

References
CGPDTM: Manual of Patent Office Practice and Procedure
(http://ipindia.nic.in/writereaddata/Portal/IPOGuidelinesManuals/1_28_1_manual-of-patent-office-practice_and-procedure.pdf)
CGPDTM: Manual of Designs Practice and Procedure

(http://ipindia.nic.in/writereaddata/Portal/IPOGuidelinesManuals/1_30_1_manual-designs-practice-and-procedure.pdf)
CGPDTM: Manual of Trademarks Practice and Procedure

(ipindia.nic.in/writereaddata/images/pdf/TMR_DraftManual_11March2015.pdf)
Copyright Office: A Handbook of Copyright law

(copyright.gov.in/Documents/handbook.html)
Copyrights, Patents and Trademark, Vardhaman Mahaveer Open University, Kota

(http://assets.vmou.ac.in/PGDCL02.pdf)
Further readings
Cell for IPR Promotion and Management
(http://cipam.gov.in/)
Office of the Controller General of Patents, Designs and Trademarks

(http://ipindia.nic.in/)
Copyright Office
(http://copyright.gov.in/)
Protection of Plant Varieties & Farmers’ Rights Authority

(http://www.plantauthority.gov.in/)
World Intellectual Property Organisation

(http://www.wipo.int/portal/en/index.html)
Compiled by Er.N.Subramanian B.E.,
Dr.M.Sundararaman Ph.D.,
For further details …

Dr. M. SUNDARARAMAN
Co-ordinator, IPR Cell, Bharathidasan University
Telefax: +91 431 2407113 Extension 558
email: iprcell@bdu.ac.in
Website: http://www.bdu.ac.in/cells/ipr/
This booklet compilation is for informational and/or

educational purposes only not for legal advice

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Intellectual

Prepared by IPR Cell,

This work has been created

IPR - AN OVERVIEW | PG.6

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Ministry/Office administering: (Govt. of ndia)

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

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Ministry/Office administering: (Govt. of ndia)

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

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Ministry/Office administering: (Govt. of ndia)

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

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Copyright is a right given by the law to creators of literary,

Ministry/Office administering: (Govt. of ndia)

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

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Ministry/Office administering: (Govt. of ndia)

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

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Ministry/Office administering: (Govt. of ndia)

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Ministry/Office administering: (Govt. of ndia)

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

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Anyconfidential business information which provides an enterprise a competitive

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IP, like any real property that

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A Patent is an intellectual property right relating to inventions and is the grant of

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Novelty : The matter disclosed in the specification is not published in India or

Industrially applicable: Invention should possess utility, so that it can be made or

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An invention which is frivolous, or which claims anything obviously contrary to well

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A substance obtained by a mere admixture resulting only in the aggregation of the

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A mathematical or business method or a computer program per se or algorithms

Use after filing patent application

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Early request for Publication

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2 . A n ap plica tion for a p at ent s h al l ord i n ari l y b e p ub l ish e d a f ter

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Musical work- Copyright subsists in original musical work

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Ministry/Office administering: (Govt. of ndia)

Ministry/Office administering: (Govt. of ndia)

Ministry/Office administering: (Govt. of ndia)

Ministry/Office administering: (Govt. of ndia)

Ministry/Office administering: (Govt. of ndia)

Ministry/Office administering: (Govt. of ndia)

Ministry/Office administering: (Govt. of ndia)