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Introduction to

Intellectual Property
Rights

Post Graduate Diploma in IPR


(PGDIPR)
CONCEPT OF PROPERTY

Natural object becomes a resource when


it satisfies a human want
A resource possessed and owned becomes
a property
A bundle of legal rights linked to
ownership and possession of an item
 (Tangible: related to physical objects)
INTELLECTUAL PROPERTY

It is the PROPERTY CREATED BY APPLICATION


OF HUMAN MIND
Intangible (non-physical) in nature- derives
value from ideas
There is no uniform definition of IP
 In knowledge age, IP is a key to techno-
economic growth
IP UBIQUITOUS IN LIFE

Articles of food, furniture, clothing,


textiles, cosmetics, pharmaceuticals,
entertainment gadgets, machinery,
books, etc. are all IP protected.
Domain of IP is ever expanding with
advent of Technology and
Globalization : GI, IC topography are
new additions, TK/Biodiversity are likely
additions
RATIONALE BEHIND IP

 The creative activity culminating in IP is


necessary for socio-economic progress
 Material incentives and rewards encourage
greater creative activity
 IP rights grant monopoly to ensure rewards
 The interests of owner and society are
balanced by limiting periods of monopoly with
obligation to disclose and remedies against
abuse of rights
 Disclosure brings knowledge in public domain
NATURE OF IPRs
 Essentially negative rights to stop others
from copying or counterfeiting
– In patents, being first with an invention
pre-empts any right of another making
same invention independently.
– In copyrights, the right is diluted as
right is over the form of expression and
not over idea.
 IPRs being statutory rights are legally
enforceable.
 They are territorial in nature.
7 MAIN IP INSTRUMENTS

Patents
Trademarks, Trade Names & Services Marks
Geographical Indications
Industrial Designs
Layout-designs of Integrated Circuits
Trade Secrets
Copyrights And Related Rights
First six are Industrial Property Rights
Patents
PATENT: WHAT IS IT?

It is a limited right granted by the


state to an inventor in respect of an
invention to exclude any other
person from practicing the invention
i.e. manufacturing, using or selling
the patented product or from using
the patented process, without due
permission.
WHAT CAN BE PATENTED?

Inventions in all fields of technology,


whether products or processes, if
they meet the criteria of
 Being patentable subject matter;
 Novelty;
 Non-obviousness (inventive step);
 Industrial application (utility).
Conditions of
Patentability
 Novelty: Invention not known to public prior
to claim by inventor
 Inventive Step: Invention would not be
obvious to a person with ordinary skill in the
art
 Industrial Application: Invention can be made
or used in any useful, practical activity as
distinct from purely intellectual or aesthetic
one
SOME EXCLUSIONS FROM
PATENTABILITY

 Naturally occurring substances/elements;


 Diagnostic, therapeutic and surgical methods of treatment
of humans or animals;
 Plants and animals other than μ-organisms;
 Essentially biological processes for production of plants or
animals;
 Inventions whose use is contrary to public order or
morality.
 Ideas, methods for business, playing games, performing
mental acts.
PATENT: SPECIAL
REQUIREMENT

Disclosure of invention
 Sufficiently clear and complete so
that a person skilled in the art can
carry out the invention.
 A country may require the best
mode for carrying out the invention
to be disclosed.
TRADEMARKS

4711
TRADEMARK, SERVICE MARK,
and TRADE NAME

Distinctive symbols, signs, logos that help


consumer to distinguish between competing
goods or services.
A trade name is the name of an enterprise which
individualizes the enterprise in consumer’s mind.
Legally not linked to quality.
In fact, linked in consumer’s mind to quality
expectation.
TYPES OF MARKS

Well Known Trade Mark


Collective Mark: Proprietor is an association
of persons, which is legally not a partnership
Certification Mark: Does not indicate origin of
goods but certifies the goods as conforming
to certain characteristics (quality, ingredients,
geographical origin etc.) e.g. ISI, AGMARK,
Hallmark etc.
Forms of TM

Visual: Words, letters, numerals,


devices including drawings and
symbols or 2-D representations of
object or a combination of two or
more of these, colour combinations
or colour per se, 3-D sign as shape
of goods or packaging.
Audio: Sounds, Musical Notes
Olfactory: Smells
CRITERIA OF TM
PROTECTABILITY

 Distinctive (basic function):


- inherent (e.g.RIN), or
- acquired by usage (e.g. TATA)
 Non-deceptive ( to avoid misleading)
 Not contrary to public order, morality

Special Requirements
 A mark is registered for specified classes of goods
or services.
What is protected and
what’s not?
 Right to use TM in relation to goods/ services
as registered are protected (If TM consists of
several parts, protection is for TM as a
whole)
State Emblems, Official Hallmarks,
Emblems of Intergovernmental
Organizations cannot be used as TM.
GEOGRAPHICAL
INDICATIONS

Paithani
What is GI?

 Many goods possess their peculiar properties due to their


geographical origin.
 GI is the best method to indicate the geographical origin
of goods and services.
 Many agricultural products (tea, rice); dairy products
(cheese), wines and spirits (Champagne) owe their special
quality and reputation to their geographical place of
growth or processing.
Protection of GI

 GI is not owned by a single owner


 Any producer in the region can use the GI on
the product provided it is prepared by the
norms set out for the use of that GI.
 GI is registered in the national register and is
similar to the certification mark identifying
the origin of the good.
 Govt. can register GI in the international
register maintained by WIPO for world wide
protection.
 It is an offence to use false GI on goods.
Industrial
Designs
What are Industrial
Designs?
The ornamental or aesthetic aspect of
an article that enhances visual appeal
and differentiates product.
e.g. 3-D features of shape or surface
as of a perfume bottle, 2-D patterns of
lines, shapes and colours as on a bed
sheet.
Criteria for Protection as ID

New and Original


Capable of mass production or
application on an article of utility
Not contrary to public order or morality
The shape should not be determined
merely by the functionality of the good.
Comparison of ID against
TM

ID TM
Has to be integral Is applied on
part of product
the product but
need not be
embodied in it.
Should be original
and new but need Should be
not be distinctive distinctive
ID, Copyright, Patent

If the article is not mass produced


or the design can not be applied on
a useful article, the design would
be an aesthetic work, protectable
under copyright.
Some engineering designs may be
sufficiently innovative, protectable
as a patent.
ID Protection

Protects commercial exploitation


of the design idea through
products/articles that embody it or
reproduce it and not the articles
themselves.
Integrated
Circuit Layout
Designs
What is Layout Design?

Layout of transistors and other


circuit elements, including lead
wires connecting such elements
and expressed in any manner in a
semiconductor integrated circuit
(IC).
Why to protect?

IC Layouts are creations of human


mind;
There is lot of investment of time
and money in the creation but
copying is very cheap;
Fertile area with new circuit designs
made every day to cater for
miniaturization and novel
applications.
Why special protection?

There may not be novelty so


cannot be patented;
Copyright protection does not
return the investments since
commercial life of a design is
limited.
Protection is against…

Act of reproducing a layout design


fully or in parts;
Importing, selling or distributing
commercially a protected layout
design or IC incorporating it.

But identical design created


independently by third party is
not prohibited.
Trade Secret

The best
kept secret
till date
Trade Secrets

Some inventions, data, information


cannot be protected by any of the
available means of IPRs. Such
information is held confidential as a
trade secret.
Trade secret can be an invention,
idea, survey method,manufacturing
process, experiment results,
chemical formula, recipe, financial
strategy, client database etc.
When Trade Secrets are
preferred?

When invention is not patentable;


Patent protection is limited to 20
years, when secret can be kept
beyond that period;
When cost of patent protection are
prohibitive;
When it is difficult to reverse
engineer
How to guard Trade
Secret?
 Restricting number of people having access
to secret information
 Signing confidentiality agreements with
business partners and employees
 Using protective techniques like digital data
security tools and restricting entry into area
where trade secret is worked or held
 National legislations provide protection in
form of injunction and damages if secret
information is illegally acquired or used.
Copyright
Copyright

Copyright protects literary and


artistic works
e.g. Books, lectures, dramatic and
musical works, choreography,
cinematography, drawings, paintings,
architecture, sculpture, photographs,
illustrations, maps, plans sketches etc.
This is automatic right created with the
creation of work and no registration is
required
Rights covered under CR

 Moral Rights : Author’s right of


paternity. Non-alienable.
 Economic Rights : Rights to exploit
the work.
e.g. Rights of translation, rights of
performance, rights of reproduction
etc. These rights can be
transferred, assigned, licensed for
economic benefits.
Who are the Authors?

Writer/writers of the book;


Painter;
Music composer;
Translator;
Cinematographer;
Photographer etc.
Duration of Protection

 For books and other works of arts it is 50 to


70 years after the death of the author (the
laws of different countries vary);
 For photographic work 25 years from
making the work;
 For cinematic works 50 years after making
the work available to public.
Exceptions to Protection
(Free Use or Fair Deal)
Quotations for commentary;
Illustration for Teaching;
Current News Reporting etc.

Free Use is decided by amount of


work used and its economic
implications to the right holder.
The mention of original
author/source is must.
Related Rights
Related Rights
(Neighbouring Rights)
Rights related to dissemination of
copyrighted work
They protect:
Performers of Work
Producers of Phonograms
Broadcasting Organizations
International Agreements

Paris convention for the protection


of Industrial Property (1883)
Berne convention for protection of
Literary and Artistic Works (1886)
Agreement on Trade Related
Aspects of Intellectual Property
Rights (TRIPS) (1994)
Emerging Issues in IPR

 Traditional Knowledge and


Expression of Culture (Folklore)
Biodiversity and Genetic
Resources
Electronic Commerce;
Internet Domain Names;
Protection of databases, software
Thank you!