1. INTRODUCTION TO
INTELLECTUAL PROPERTY
RIGHTS
Presented by
GANDHI SONAM MUKESHCHANDRA
Dept. of Industrial pharmacy

2. 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 .

3. INTELLECTUAL PROPERTY
 It is the “property created by application of
human mind’’.
 Intellectual property (IP) is a term referring to a
number of distinct types of creations of the
mind for which property rights are recognized
in the corresponding fields of law.
 Articles of
textiles, cosmetics, pharmaceuticals, machiner
y, books, etc., are all Ip protected.

4. NATURE OF IPR’S
 Essentially negative rights to stop others
from copying or counterfeiting
a) In patents,being first with an invention pre-
empts any right of another making same
invention independently.
b) In copyrights ,the right is diluted as right is
over the form of expression and not over
idea.
o IPR’s being statutory rights are legally
enforceable.
o They are territorial in nature.

5. 7 MAIN INTELLECTUAL PROPERTY (IP)
INSTRUMENTS
 Patents
 Trademarks, Trade Names & Service marks
 Geographical Indications
 Industrial Designs
 Layout- designs of Integrated Circuits
 Trade Secrets
 Copyrights and related rights
 First six are Industrial property rights.

6. 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.

7. WHAT CAN BE PATENTED
 Inventions in all fields of technology
,whether products or processes , if they
meet the criteria of
 Being patentable subject matter;
 Novelity;
 Non – obviousness (inventive step )
 Industrial application ( utility )

8. CONDITIONS OF PATENTABILITY
 Novelity : 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.

9. SOME EXCLUSIONS FROM
PATENTABILITY
 Naturally occuring substances / elements;
 Diagnostic , therapeutic and surgical
methods of treatment of humans or animals;
 Plants and animals other than micro
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.

10. ELEMENTS OF PATENT APPLICATION
• Title of invention
• Techinical field to which invention
belongs
• Background of invention
• Object of invention
• Detailed descriptions
• Any claims

11. PROCESSING PROCEDURE OF AN
APPLICATION
 Complete specification submitted within 12-15 months of
filling the provisional specification.
 Complete specification taken up for examination by the
controller who refers it to the examiner.
 The examiner submits report within 18 months on
receiving the complete specification from the controller.
 The controller conveys the list of objections to the
applicant on receiving the report from the examiner.

12.  Applicant must reply to objections and put application in order
within 15 months of communication.
 Three months extension possible on application.
 Applicant change application to satisfy the controller.
 Applicant is also given an opportunity to be heard,applicant is
given atleast 10 days notice after fixing the date of hearing.
 Applicant notifies controller whether he will attend hearing.

13.  Applicant allowed extension of time for
hearing.
 After controller is satisfied that all objections
are satisfactorily cleared by the applicant, the
specification is accepted and published in the
gazette of India.

14. PERIOD OF PATENT
 As per Indian patent’s act 1970, the patent
period was 7 years from the date of filling
complete specification or 5 years from the
date of sealing,which ever is shorter in case
of food ,drug and medicine.
 As per patent amendment ordinance
1994,the patent period is 20 years.

15. TRADE MARKS

16. TRADE MARKS ,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.

17. DURATION OF TRADE MARK
 Period of 20 years and its renewal as long as
the trade mark continues to be used by it’s
owner.

18. TYPES OF MARKS
 COLLECTIVE MARK : Proprietor is an
association of persons, which is legally not a
patnership.
 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 ,HALLMARK etc.

19. FORMS OF TRADE MARKS
 VISUAL : Words, letters, devices including
drawings and symbols or 2-d
representations of object or a combination of
two or more of these, colour combination,3-
D sign as shape of goods or packaging .
 AUDIO : Sounds, Musical notes.
 OLFACTORY : smells.

20. WHAT IS PROTECTED AND
WHAT’S NOT ?
 RIGHT TO USE TRADE MARK 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 trade mark

21. GEOGRAPHICAL
INDICATIONS
 Many goods possess their peculiar properties
due to their geographical origin .
 Geographical indications is the best method
to indicate the geographical origin of goods
and services.
 Many agricultural products ( tea, rice ) ;
dairy products (cheese) , wines and spirits
owe their special quality and reputation to
their geographical place of growth or
processing.

22. PROTECTION OF GEOGRAPHICAL
INDICATIONS
 Geographical indications is not owned by a
single owner .
 Any producer in the region can use 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.
 Government can register GI in the
international register maintained by WIPO
for world wide protection.
 It is offence to use false GI on goods.

23. 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 .

24. CRITERIAS FOR PROTECTION
AS INDUSTRIAL DESIGN
 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.

25. INTEGRATED CIRCUITS
LAYOUT DESIGNS
WHAT IS LAYOUT DESIGN ?
 Layoutof transistors and other circuit
elements, including lead wires
connecting such elements and
expressed in any manner in a semi
conductor integrated circuit (IC).

26. WHY TO PROTECT
 Integrated Circuits 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.

27. 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 disturbing
commercially a protected layout design or IC
incorporating it .

28. 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.
 The best kept secret till date.

29. WHEN TRADE SECRETS ARE
PREFERRED ?
 When invention is not a 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.

30. 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.

31. COPYRIGHTS
COPYRIGHTS
RIGHTSCOVERED UNDER COPYRIGHTS
DURATION OF PROTECTION

32. COPYRIGHT
 Copyright protects literary and artistic works
E.g. Books, lectures, dramatic and musical
works , choreography , cinematography ,
drawings, paintings, architecture,
photographs, illustrations mpas, etc.,
 RIGHTS COVERED UNDER COPYRIGHT
 MORAL RIGHTS : Author’s right of
paternity. Non–alienable.

33.  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 AUTHORS ?
• Writer/writers of the book;
• Painter;
• Music composer;
• Translator;
• Cinematographer;
• Photographer etc.

34. DURATION OF PROTECTION
 For books and other works of arts it is 50 to
70 years after the death of the author (the
law 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.

35. EMERGING ISSUES IN IPR
 Traditional knowledge and expression of
culture (Folklore)
 Biodiversity and Genetic resources
 Electronic Commerce
 Internet Domain Names
 Protection of databases, software.

36. THANK YOU