IPR

1. IPR
Akshaya Kumar K. S.
Lecturer on contract
DLIS

2. Introduction
• Intellectual Property is a property that arises from the
human intellect. It is a product of human creation.
• It is a collective term used to include various
independent IP rights which can be collectively used
for protecting various aspects of an inventive work for
multiple purpose
• Intellectual Property comprises 2 distinct forms:
* Literary & Artistic Works
* Industrial Property

3. Intellectual property
INDUSTRIAL PROPERTY COPY RIGHT
Literary & Artistic Works
 Patent
 Trademarks
 Industrial Designs
 Trade Secrets
 Layout-designs
 Geographical Indications
 Plant varieties

4. * They are books, paintings, musical compositions, plays, movies,
radio/TV programs, performances, & other artistic works.
 How are they Protected?
* Protected by “COPYRIGHT”
“Literary & Artistic Works”

5.  Industrial Property describes physical matter that is the
product of an idea or concept for commercial purposes.
 How are they Protected?
* By Patented objects
* By Trademarks
* By Industrial Designs
* By Trade Secrets
* By Layout-designs
* By Geographical Indications
Industrial Property

6. Copyright
• It is a right guaranteed to protect the intellectual efforts in field of
literature, arts, drama, choreography , cinematography, sound
recordings and computer programs
• It is a right which Grants protection to the unique expression of
Ideas.
• Copyright gives protection for expression of an ideas and not for
the idea itself
• The Indian CopyrightAct,1957 governs the system of copyrights
in India.
[Amended in 1982, 1984, 1992, 1994 & 1999]

7. Copyright
• Berne convention is a international treaty on copyright and
India is a member
• Under this convention ,registration of copyright is not
essential requirement for protection
• Copyright on a work created in India would be automatically
and simultaneously protected through copyright in all
member countries
• A notice of copyright may be placed on publicly distributed
copies

8. Literary Cinematographic
Films
Dramatic
Musical Sound Recording
Artistic
What is covered by copyright?

9. Duration of copyright
1.lifetime of the author + 60 years from the beginning of the calendar year next following
the year in which the author dies
• Literary
• dramatic,
• musical and
• artistic works
• Photographs
2.until 60 years from the beginning of the calendar years next following the year in which the
work is first publish
• Anonymous and pseudonymous works
• Posthumous work
• Cinematograph films
• Sound records
• Government work
• Public undertakings
• International Agencies

10. Criteria for copyright
• Protects a expression of intellectual concept
• It can be given to author , a party who commissions or pay for a
work
• Originality
o Does not mean aesthetic worthiness, uniqueness or novelty
o Work should be original to the author
o Not based on priority of creation
• Fixation
o A work is fixed when it is embodied in tangible form that is perceptible
by the human sense either directly or indirectly with aid of a machine

11. Not protected by copyright
• Words and short phrases ,titles , slogans
• Ideas, plans, methods,
• Expired Copyright
• Standard calendars , weight charts
• Useful article
• Typeface
• Forfeited Copyright
• Dedicated works
• Work created by government employees in government capacity

12. • A copyright in a work is said to be infringed if a person, not being
an owner of the copyright or not having a license or by
contravening the conditions , subject to which the license is granted
does anything which is an exclusive right of its owner to do
• Infringement includes any of the following act
 Reproduction of work in material form
 Publication of the work
 Communication of work to public
 Performance of work in public
 Making adaptations and translations

13. • A patent is an exclusive right granted by a country to
the owner of an invention to make, use, manufacture
and market the invention, provided the invention
satisfies certain conditions stipulated in law
• Exclusive rights implies that no one else can make , use
, manufacture or market the invention with out the
consent of patent holder
• Right is available only for a limited period of time and
exploitation of rights may not be possible due to other
laws in the country related to health, safety, food
security etc

14. Invention
• Invention means a new product or process involving an
inventive step and capable of industrial application
• New invention means any invention or technology
which has not been anticipated by publication in any
document or used in a country elsewhere in the world
before the date of filing of patent application with
complete specification
• That means subject matter has not fallen in public
domain or it does not forms a part of the state of art

15. Patentable invention
An invention must in general , fulfill certain conditions
to obtain patent
• Novelty
o It should not form a state of art.
o Novelty should be assessed through extensive literature
and patent search
o Modification to the existing state of art , process,
product or both can be candidate for patents
• Non- obviousness or inventiveness
o Show an inventive step , which could not be deduced by
a person with average knowledge of the technical field
o If there is a inventive step between the proposed patent
and prior art, it can be considered a patent
• Usefulness
o Invention must have a utility for grant of patent
o Patent specification should spell out the various uses
and manner of practicing them

16. Non Patentable inventions
An invention may satisfy the conditions of novelty , inventiveness and
usefulness but it may not qualify for patent under following conditions :
An invention which is frivolous or which claims anything contrary to
well established natural law
An invention whose intended use or exploitation would be contrary to
public order or morality or which cause serious prejudice to human ,
animals , plant life or health or to environment
Discovery of a scientific principle or formulation of an abstract theory
The mere discovery of new form or new use of a known substance
which does not increase the efficiency of the substance or the mere use
of a known process unless such known process result in new product or
employees at least one new reactant

17. • Substance obtained by mere admixture resulting only in an
aggregation of properties
• The mere arrangement or rearrangement or duplication of features
of known device each functioning independently of one another in
known way
• A method of agriculture or horticulture
• Any process for medical, surgical, curative, prophylactic,
diagnostic, therapeutic or other treatment of humans or animals
• Inventions relating to atomic energy
• Discovery of any living thing or non –living substance
• Mathematical or business methods or a computer program without
utility
• Biological process for propagation of plants and animals
• Presentation of information
• Method of playing games, schemes or rules
• Traditional Knowledge
Non Patentable inventions

18. Patents
(1) It is covered under the Act called the Patents Act,
1970 [Amended by Patents Act, 2005]
(2) It extends to the whole of India.
(3) It shall come into force on such date as the Central
Government may publish, by notification in the
Official Gazette.
• Term of the patent is 20 years from the date of filling
for all types of inventions.
• Priority date- first to file
• The date of patent is the date of filing the application
for patent.
• The term of the patent is counted from this date.

19. Application
• Claim can be related to single or group of invention
• Patent application will be published 18 months after date of filing
• Applicant has to request for examination 12 month within publication or
48 month from date of application
• Provisional specification
o Filed to establish priority of invention if invention is only at a
conceptual stage
o Does not provide any legal patent rights
o It is permanent and no amendments can be made
o Complete specification must be given within 12 months and can be
extended by 3 months

20. Complete specification
• Submission of complete specification is necessary to obtain
patents
• Content include
1. Title of invention
2. Field to which invention belong
3. Background of invention including prior art giving
drawback of known invention or practice
4. Complete description along with experimental result
5. Drawings to understand the invention
6. Claims for legal proprietorship

21. Youngest Patent-holder on wheelchair
JAIPUR: Drawing inspiration
from scientist Stephen
Hawking, a wheelchair-bound
nine-year-old boy here has
invented a game of six-player
circular chess. The boy,
Hridayeshwar Singh Bhati
has got the game's design
patented in his name.

22. What Does a Patent look Like?

23. Trademarks
 A symbol, logo, word, sound, color, design, or other
device that is used to identify a business or a product
in commerce.
 A trade mark is a distinct sign, which identifies
certain goods or services as those produced or
provided by a specific person or enterprise
 It may be one or two words or combination of words,
letters, numerals.
 They may also consist of drawings, symbols , three
dimensional signs such as a shape and packaging of
goods or colours used as distinguishing features

24. Trademark Cont
1. It is covered under the Act called the Trade Marks Act,
1999.
2. The Act came into effect on September 15, 2003. It
replaced the Trade and Merchandise Marks Act, 1958.
3. It extends to the whole of India.
4. It shall come into force on such date as the Central
Government may publish, by notification in the Official
Gazette
5. Trademark is valid for 10 years from the date of application
which may be renewed for further period of 10 years on
payment of prescribed fees.

25. Requirements for registration of trade marks
• Mark should be capable of being represented graphically
• Mark should be capable of distinguishing the goods or services
• Must be used in relation to goods or services
Unregistrable trade marks
• Marks which may contain matters likely to hurt religious
sentiments
• Mark that contain obscene or scandalous matter
• Marks which may deceive public or cause confusion
• Mark prohibited under emblems and names act
• Marks consisting exclusively the shape of goods

26. FUNCTION OF A TRADEMARK
• It identifies the goods / or services and its origin.
• It guarantees its unchanged quality
• It advertises the goods/services
• It creates an image for the goods/ services
• Create a brand image

27. Types of Trademark
• Well Known trade Marks
• Associated trade marks
• Service marks
• certification marks
• Collective marks
• Multiple marks
• House Marks

28. Trademarks
Name
Logotype
Symbol
Slogan
Shape
Color

29. TRADE SECRETS
A trade secret is defined as any formula, pattern, device
or compilation of information which is used in one’s
business that is treated with confidentiality and which
gives the owner of the secret an opportunity to obtain
an advantage over competitors who do not know or use
it.
Owner of the trade secret makes money because the
trade secret is not published or publicly distributed
These include
 sales methods
 distribution methods
consumer profiles
advertising strategies
lists of suppliers and clients
manufacturing processes.

30. Essential ingredients of a trade secret
To be able to get protection certain requirements should be
satisfied, They are
• Commercial value or utility or capability of being applied
industrially
• Kept secret or owner has taken reasonable steps to keep it
secret
• Provides the owner a commercial advantage or competitive
edge over competitors
• The information kept secret must be scarce and not publicly
available or must not be easily available
• The information is scientific, technical, related to useful arts
or business

31. EXAMPLE
• PEPSI or COCO COLA don’t reveal their manufacturing details or
ingredients to the public…..

32. Geographical Indications (GI):
• Geographical indication have been defined to mean
indications which identify a good as originating in the
territory of a member, or a region or a locality in that territory,
where a given quality, reputation or other characteristics of
the good is essentially attributed to its geographical origin
• GI are signs used on goods that have a specific
geographical origin and possess qualities or a reputation
that are due to that place of origin.
• They may also highlight specific qualities of a product, which
are due to human factors that can be found in the place of
origin of the products, such as specific manufacturing skills
and traditions.
• Indication may be a mark , name or any other representation
used for representing the goods originating from a specific
locality to which quality and reputation of the goods can be
attributed

33. Protection of GI
• At international level, Paris convention, Madrid Agreement,
and Lisbon Agreement administered by the WIPO governs
the regulation of Geographical Indications
• Article 22 to 24 of the TRIPS deal with the international
protection of geographical indications
• Geographical indications of Goods ( Registration and
protection) Act 1999 provides for registration and protection
of GI relating to goods in India
• Goods include agricultural goods, natural goods and
manufactured goods

34. Essential conditions for registration
Essential conditions to grant protection under
geographical indication law are
• The indication must identify the product
o it can be a word , Phrase, iconic symbol or emblem
• The goods must possess certain quality
• The good must identify a Geographical area

35. Features of GI
• Rewards traditional based commercial products
• It not only protect the uniqueness of the product but also
uniqueness of origin and traditional knowledge at place
• GI do not grant a single holder the right to benefit from the
protection but rather limit the protection to a specific area
• Geographical indications do not impose any test of novelty
• Protection does not relate to one specific method of
protection of a given product
• Protection do not imply monopoly control over knowledge
and it remains in public domain
• No possibility of transferring geographical indications
outside their region protection
• It extends not only to traditional knowledge in existence but
also to indications likely to originate in the future

36. EXAMPLE
• Agricultural products typically have qualities that derive
from their place of production and are influenced by
specific local factors, such as climate and soil.
E.g.: Darjeeling tea
• specific manufacturing skills and traditions
E.g.: Thiruppathi Laddu
Aaranmula kannadi

37. EXAMPLE
Aaranmula kannadi Thiruppathi Laddu
SWISS WATCHES

38. Industrial Designs
• Industrial designs refer to creative activity, which result in the
ornamental or formal appearance of a product, and design right refers
to a novel or original design that is accorded to the proprietor of a
validly registered design.
• The existing legislation on industrial designs in India is contained in
the New Designs Act, 2000 and this Act will serve its purpose well
in the rapid changes in technology and international developments

39. Requirements for registration
Basic requirement that a design shall fulfill are
• Appeal to eyes
• New and original
• capable of being applied to industrial article
• Capable of distinguishing the article to which it is applied
from other article
• Must not been published or exploited or part of existing
knowledge

40. EXAMPLE
DIFFERENT CARS

41. Semiconductor chips and Integrated circuit
• Semiconductor chips are electronic components that
exploit the electronic properties of semiconductor material,
principally silicon, germanium an d gallium arsenide
• semiconductor chips are manufactured as a single device
or integrated circuit consisting of a few to millions of
devices manufactured into a single semiconductor
substrate
• Semiconductor integrated circuit is defined to mean a
product having transistors and their circuitry elements
which are inseparable formed on a semiconductor material
or inside semiconductor material to perform an electronic
circuitry function

42. Integrated Circuits Layout Design
• Protection of integrated circuits is offered in two
fold
o Protection of the design of layout of integrated circuits i.e.
topology
o Protection to the end result of the design i.e.
semiconductor chip
• The aim of the Semiconductor Integrated Circuits
Layout Design Act 2000 is to provide protection of
Intellectual Property Right (IPR) in the area of
Semiconductor Integrated Circuit Layout Designs
and for matters connected there with.
• The initial term of registration is for 10 years;
thereafter it may be renewed from time to time.

44. Plant Variety
• The Protection of Plant Variety and Farmers Right Act, 2001
(PPVFR Act) is an Act of the Parliament of India enacted to
provide for the establishment of an effective system for
 Protection of plant varieties
 The rights of farmers and plant breeders
 Encourage the development and cultivation of new
varieties of plants.

45. • The Plant Variety Protection and Farmers Rights act 2001
was enacted And the act has come into force on 30.10.2005

46. What are the legislations covering IPRs in India
 The Copyright Act, 1957 as amended in 1983, 1984 and 1992,
1994,1999 and the Copyright Rules, 1958.
• The Patents Act,1970.The act was last amended in March 1999.
• New Design Act 2000
• Trademarks Act, 1999 has been enacted superseding the earlier
Trade and Merchandise Marks Act, 1958.
• The Semiconductor Integrated Circuit Layout Design Act
2000
• The geographical Indication of goods (Registration and
Protection) Act 1999.(enforcement pending).
• Protection of Plant Varieties and Farmers' Rights Act, 2001

47. Who are responsible for administration
of IPRs in the country?
• Copyright :Ministry of Human Resource Development.
• Patents, designs, trademarks and geographical indications
:Controller General of Patents
• Designs and Trademarks : Department of Industrial Policy and
Promotion, Ministry of Commerce and Industry.
• The Act on Layout Design of Integrated Circuits : Ministry
of Communication and Information Technology.
• Plant Variety Protection : Department Agriculture and
Cooperation

48. CONCLUSION
• Intellectual property law protects the rights of the
people such as inventors, writers and artists
• Law encourages creativity and promotes
research
• Ipr protects inventions from dupications
• All intellectual inventions must be protected for
the substantail growth of the mankind.