The Presentation will provide a brief introduction to various Intellectual Property Rights

1. INTRODUCTION
TO INTELLECTUAL
PROPERTY

2. INDUSTRIAL DESIGNS
COPYRIGHTS
PATENTS
TRADEMARKS UNFAIR COMPETITION OTHER TYPES OF IP

3.  Refers to creations of the mind, such as inventions; literary and artistic
works; designs; symbols, names and images used in commerce
 Enables people to earn recognition or financial benefit from what they invent
or create by striking the right balance between the interests of innovators and
the wider public interest
 IP system aims to foster an environment in which creativity and innovation
can flourish
 Legal rights which result from intellectual activity in the industrial, scientific,
literary and artistic fields
INTELLECTUAL PROPERTY

4. World Intellectual Property Organisation (WIPO)
World Trade Organisation (WTO)
Trade Related Aspects of Intellectual Property Rights (TRIPs)
International Conventions and Treaties

5. COPYRIGHT

6. MEANING
 Copyright, is a legal term used to describe the rights that creators have over their
literary and artistic works.
 Copyright protection extends only to expressions and not to ideas, procedures,
methods of operation or mathematical concepts as such
 In India, under the Copyright Act, 1957, the registration of copyright is not
mandatory as the registration is treated as mere recordal of a fact
 The term of copyright protection in India is the lifetime of the author or
artist + 60 years counted from the year following the death of the author.
 Copyright protection is obtained automatically without the need for registration or
other formalities

7.  Commonly protected works by copyright include:
• literary works such as novels, poems, plays, newspaper articles;
• computer programs, databases;
• films, musical compositions and choreography;
• artistic works such as paintings, drawings, photographs and sculpture;
• advertisements, maps, and technical drawings
 There are two types of rights under copyright:
• Economic rights - allows the rights owner to derive financial reward from the use of their works by others;
• Moral rights - protects the non-economic interests of the author

8. RELATED RIGHTS
 Related Rights or Neighbouring Rights are the rights of a creative work not
connected with the work's actual author
 They protect the legal interests of certain persons and legal entities that
contribute to making works available to the public or that produce subject matter
which, while not qualifying as works under the copyright systems of all countries,
contains sufficient creativity or technical and organizational skill to justify
recognition of a copyright-like property right
 Under the Copyright Act, 1957, Authors, performers and phonogram (i.e. record)
producers are granted a broadly worded exclusive right of communication to the
public, covering interactive services and delivery on demand
 Related Rights are granted to three categories of beneficiaries:
 Performers;
 Producers of sound recordings (also referred to as phonograms);
 Broadcasting organizations

9.  Rights of performers are recognized because their creative intervention is necessary to give life to motion
pictures or musical, dramatic and choreographic work
 Rights of producers of sound recordings are recognized because their creative, financial and organizational
resources are necessary to make sound recordings, often based on musical works, available to the public
in commercial form and because of their legitimate interest in having the legal resources to take action
against unauthorized uses like Piracy
 Rights of Broadcasting Organizations are recognized because of their role in making works available to the
public, and in light of their justified interest in controlling the transmission and retransmission of their
broadcasts.

10. PATENT

11. MEANING
• A patent is an exclusive right granted for an invention, which is a product or a
process that provides, in general, a new way of doing something, or offers a new
technical solution to a problem
• Patent owner has the exclusive right to prevent or stop others from commercially
exploiting the patented invention
• The patent system is designed to encourage inventions that are unique and
useful to society
• Unlike a copyright, a patent does not arise automatically; an inventor must apply
for a patent
• In India, the Patents Act, 1970 is the central body dealing with the filing and
regulation of an existing and new patent.
• If granted, the duration of Patent is 20 years from the date of application of Patent

12. For an Invention to be patentable in India, it must satisfy the following:
• Patentable Subject Matter – As mentioned under Section3 and 4
• Novelty - the subject matter has not fallen in public domain or that it does
not form part of the state of the art
• Inventive Step or Non-Obviousness - a feature of an invention that involves
technical advance as compared to the existing knowledge or having
economic significance or both and that makes the invention not obvious to a
person skilled in the art
• Capable of Industrial Application - the invention is capable of being made or
used in an industry

14. MEANING
o Only the feature of shape, configuration, pattern, ornament or composition of
lines, colour applied to any article, whether in 2D or 3D by any industrial process,
the finished article appeals to and judged solely by eye
o In India, Designs Act, 2000 grants protection to the registered Designs
o The important purpose of Design registration is to see that the artisan, creator,
originator of a design having aesthetic look is not deprived of his bonafide reward
by others applying it to their goods
o A Design registration would be valid for 10 years (from the date of registration
which is also the date of application) renewable for a further period of 5 years

16. MEANING
• Trademark refers to a recognizable insignia, phrase, word, or symbol that denotes
a specific product and legally differentiates it from all other products of its kind.
• A trademark exclusively identifies a product as belonging to a specific company
and recognizes the company's ownership of the brand
• Trade Marks Act, 1999 deals with the registration and protection of Trademarks
in India which also recognizes the concept of the ‘Well-known Trademark’
• The term of protection for a trademark is 10 years from the date of application,
renewable every 10 years on payment of the requisite fee

17. Geographical
Indications
Trade
Secrets
Bio-Diversity
Semiconductor
Integrated Circuit
Layout Designs

18. • A Geographical Indication (GI) is a sign used on products that have a specific
geographical origin and possess qualities or a reputation that are due to that origin
• A GI right enables those who have the right to use the indication to prevent its use
by a third party whose product does not conform to the applicable standards
• However, a protected GI does not enable the holder to prevent someone from
making a product using the same techniques as those set out in the standards for
that indication
• GI are typically used for agricultural products, foodstuffs, wine and spirit drinks,
handicrafts, and industrial products
• The Geographical Indications of Goods (Registration & Protection) Act, 1999
grants protection to the registered GI for a period of 10 years which may be
renewed from time to time for a period of 10 years at a time

19.  Trade Secrets as an IP comprises of
formulas, practices, processes, designs, instruments, patterns, or compilations
of information that have inherent economic value
 This information can include business strategies, proposals, client databases
and information, compilations, designs, programmes, drawings, devices,
formulae or compositions.
 Although India has no specific trade secrets law, Indian courts have upheld
trade secrets protection under various statutes, including:
 contract law,
 copyright law,
 the principles of equity
 the common law action of breach of confidence (which in effect amounts
to a breach of contractual obligation)
 Section 72 of the Information Technology Act 2000 also provides certain
protection for electronic records

20. • Biological Diversity, which is a hallmark of life on earth, describes the total
variability present among and within the species of living organisms in their
natural habitats.. It is very backbone of sustainable development.
• The current IPR regime is encouraging commercialization of seed development,
monoculture, and protection of new plant varieties, microorganisms, and
genetically modified organisms
• In India, Biological Diversity Act, 2002, protects for protection and accessibility
related provisions to Bio-diversity
• The Act mandates approvals for people to access and use biological resources,
or knowledge associated thereto, for research purposes, commercial utilisation,
bio-survey and bio-utilisation, for applying intellectual property or for transferring
results of research
• Act provides for concepts like Access Benefit Sharing, Genetic Resources, Bio-
Technology, etc.

21.  Semiconductor Integrated Circuits Layout Designs means a product having
transistors or other circuitry elements, which are inseparably formed on a
semiconductor material or an insulating material or inside the semiconductor
material and designed to perform an electronic circuitry function
 The layout design of transistors constitutes an important and unique form of IP
 SIC is an integral part of every computer chip and Integrated circuits comprises
of numerous building blocks, each block being patentable.
 In India, Semiconductor Integrated Circuits Layout-Design Act, 2000 the
Layout Design is protected for the period of 10 years counted from the date of
filing an application for registration or from the date of first commercial
exploitation anywhere in any country, whichever is earlier

23. UNFAIR COMPETITION
• Unfair Competition is deceptive or wrongful business practice that economically
harms either the consumers or business entities.
• For eg: Trademark infringement, Unauthorised substitution of one brand of goods
for another, Misappropriation of Trade Secrets, False representation of products
or services, False advertising
• There is a nexus between Competition law and IPR regime even though these
concepts are based on an all together opposite ideology
• There are generally two approaches that have been adopted to prevent IPR
abuse:
• Compulsory Licensing - An involuntary contract between a willing buyer and
an unwilling seller imposed and enforced by the state;
• Parallel Imports - Goods brought into a country without authorization of the
IP holders after those goods were placed legitimately into the market
elsewhere

24. Unfair Competition IPR
Deals with an efficient
mechanism to counter anti-
competitive agreements,
regulating mergers and
acquisitions,
Strikes a balance between the
rights of the owner and social
interest
Restricts the use of dominant
position
Grants exclusive right and
commercial value for intellectual
creation
Controls competitiveness in
the market
Boost the spirits of the inventor by
granting certain exclusive
incentives
Considered to be one of the
aims of the competition
policy
Provides a chance for
technological innovation, which in
turn create more products and
results in the dynamic growth of
the product