The document discusses various forms of intellectual property rights in India including patents, copyright, trademarks, geographical indications, industrial designs, trade secrets, plant varieties, semiconductor integrated circuits layout-design. Patents provide protection for 20 years for inventions that are novel, inventive and industrially applicable. Copyright protects literary and artistic works for life of the author plus 60 years. Trademarks protect distinguishing signs for goods and services. [END SUMMARY]

1. A
presentationon INTELLECTUAL PROPERTY
RIGHTS (IPR)
Presented by :
Dr. Shashi Kant Kankar
Ph.d. scholar
Dept. of veterinary parasitology
CVAS Bikaner
Submitted to:
Dr. S. B. S. Yadav
Dr. Manju Nehara
Dept. of A.B.G.

2. Nature of intellectual property
 Creation of human mind (Intellect)
 Intangible property
 Exclusive rights given by statutes
 Time-bound
 Territorial

3. Patents
 The Patents Act Sep. 1970 (amendment) patent act
2005
 limited monopoly right
 Protection : 20 years.
 Protection means cannot be commercially made, used,
distributed or sold
 Patent expires, the protection ends
 Encourages research
 Induce an inventor to disclose his research

4. What can be patented
Inventions in all fields of technology,
whether products or processes, if they
meet the criteria of
 Novelty
 Inventive step
 Industrial application (utility)

5. What can’t be patented

6. Cont………

7. Copyright
 The Copyright Act No. 14, June 1957, as amended by
Amendment Acts of 1983, 1984, 1992, 1994 and 1999,
2012.
 Rights given to creators for their literary and artistic
works.
 Provides exclusive rights to authors and other owners of
original works to reproduce, distribute, perform or display
their creative works.
 Protection from unlawfully exploitation of the work
 Terms of copyright depends upon nature of work/owner of
copyright

8. Duration of Copyright
 Life + 60 years
 All Other Works: 60 years
from date of publication
 Broadcasting of a live
performance(performer’s
right)
 Duration: 50 years
 Re-broadcasting (broadcast
reproduction right)
 Duration: 25 Years

9. Infringement & Civil liability
Patrick Cariou – 2000; Richard Prince –
2008
punishable under Section 63 of the
copy right Act: six months to
three years

10. Trademark
 Trademark is a sign capable of distinguishing goods and services of
one enterprises from that of another
 Trade Mark can be -
 Sign, words, letters, numbers, drawings, pictures, emblem, colours
or combination of colours, shape of goods as applied to an article or
a product.

Objective:
 Helps the general people to identify and choose product/services
based on their reputation and quality

11. Registration of trade mark
 The Trade Marks Act, 1999
 Period of registration is for 10 years
 Importance:
 Exclusive legal rights
 Proof in the court
 Sound name in market
 Create a value
 Legal recognition to your business

12. Geographical indication
 Signs used on goods having specific geographical origin and
possess qualities and reputation that are attributed to that
place of origin.
 Agricultural goods or manufactured goods

13. Registration
 The Geographical Indications of Goods (Registration
and Protection) act, 1999 , inforced in sept. 15, 2003
 Exclusive right given to the community
 Valid for 10 years
 Growth of tribes/ communities/ skilled artisans
 Right to use the Geographical Indication on the goods
 Relief for infringement
 Price increases in international market
 Boosts exports and tourism

14. Industrial designs
 Creative activity, results in ornamental or formal appearance of a product
 Features of shape, configuration, ornamentation, composition of lines or
colors
 Applied over articles in 2D or 3D form by any process resulting in
finished articles appealing or attractive
 Consumer Products
 Pharmaceutical Product
 Textile & Jewellery

15. Registration
 Currently governed by Design Act 2001
 Exclusive right to apply the design to any article
 Promotion and protection of the design element of industrial
production.
 Promotion of innovative activity in the field of industries
 Initially right is granted for 10 yrs then can be extended by 5
yrs
 Not registrable ?
 Not new or original
 Disclosed to the public
 Not significantly distinguishable from known designs
 Obscene matter

16. Trade Secretes
 Confidential information, providing competitive edge
 Manufacturing / commercial/industrial
 Sales methods, distribution methods, consumer profile,
advertising strategies, manufacturing process, chemical
formula, recipe, financial strategy etc.
Protection
The Trade Marks Act, 1999
 Unlimited period of time
 Substantial element of secrecy must
 Except improper use acquiring information would be
difficult

17. How to protect
 Confidentiality agreements
 Using protective techniques
 Restricting entry
 National legislations protection

18. Plant varieties and farmer’s rights
 Protection of Plant Varieties and Farmers’ Rights Act, 2001.
Objectives
 Protect the rights of the farmers: To save, use, sow, re-sow,
exchange, share or sell his farm produce
 Protect plant breeder’s rights: Production, Sale, Marketing,
Distribution, Export, Import
 Facilitate the growth of seed industry
 Plant variety a more precisely defined group of plants
 Person who breeds plants, and has discovered and developed a
new plant variety, "breeder" protection for your new plant
varieties ,applying for a Grant /registration of Protection for a
Plant Variety.

19. Registrable varieties and criteria
 New Varieties : Novelty, Distinctiveness, uniformity and
stability
Extant varieties: Distinctiveness, uniformity and stability
 Period of protection
18 years for trees and vines
15 years for other crops
15 years extant varieties

20. Semiconductor integrated circuits layout-design
• SIC: products having transistor and other circuitry
element design to perform an electronic circuitry
function
SICLD ACT 2000
 Protection : Chip layout design
 Empowers registered proprietor to use layout design
 Relief from infringement
 Time : 10 years, renewed indefinitely