INTRODUCTION TO INTELLECTUAL PROPERTY RIGHTS (IPR)

1. INTELLECTUAL PROPERTY RIGHTS
DR. S. VIJAYA BHASKAR
PROFESSOR
DEPARTMENT OF MECHANICAL ENGINEERING
Sreenidhi Institute of Science and Technology
Ghatkesar, Hyderabad – 501 301
UNIT – I
INTRODUCTION
SNIST (JNTUH)-B.Tech

2. Contents
• Discovery, Invention ,creativity , Innovation
• History and significance of IPR
• IPR types
– Patents
– Trademarks
– Tradesecrets
– Industrial designs
– Integrated circuits
– Copyrights & related Rights
– Geographical Indications
• Non patentable criteria
• Genesis & development of IPR in India
2

3. TYPES OF PROPERTIES
3

4. TYPES OF PROPERTIES
 Movable Property is a property that is movable, as
opposed to real property or real estate. Ex. Shares,
Money, Car etc.
 Whereas on the other hand, immovable property is
an immovable object. Ex. Land, Building etc.
 Tangible Property means that can be felt with the
sense of touch. Ex: Furniture, Pen etc.
 Whereas on the other hand Intangible Property
means that cannot be touched or felt.
Ex. Goodwill, Company Logo etc.
 Intellectual Property means that arises out of human
intelligence or mental labour.
Ex. Patent, Trade Mark, Copy right

5.  Intellectual property is the creations of the
minds of an individual which has a
commercial and moral value.
 Intellectual property rights (IPR) grants
exclusive rights to an author for utilizing
and benefiting from their creation.
 However, IPR is limited in terms of
duration, scope and geographical extent.
5

6.  IPR encourages creativity and permits the
creator to benefit from the advantage arising
out of their creation.
 These laws allow investors a fair return on
their investments in the research and
development fields.
6

7.  Science : How things are
 Technology : How to do things
 Management : How to get things done
 Entrepreneurship : Doing things to make
money
 Innovation : Doing Enterpreneurship
7
“Imagination is more important than
knowledge”
-Albert Einstein, Scientist (1879-1955)
BASICS……

8.  Science is the pursuit of new
knowledge about nature.
 Its main goal is knowledge,
not solutions to problems.
 Experimental investigation,
and theoretical explanation
of natural phenomena
Observation, Identification, Description

9.  The profession in which knowledge of the
Mathematical and natural sciences gained by
study.
 Engineering in the simplest sense is the
deliberate, orderly process through which
technology is created.

10. The innovation, change, or
modification of the natural
environment to satisfy the perceived
human wants and needs.

11. The greatest difference between
science and technology
Discovery, Invention and Innovation

12.  The main purpose of
science was curiosity,
where the main purpose
of technology was a
matter of survival.
 Science and technology
need to serve each other
while serving mankind.

13.  A discovery is recognizing something for the
first time which already exists, but nobody
has found before.
 Discovery is finding out something that is
pre-existing
 eg. how Christopher Columbus discovered
the America

14.  Discovery primarily relates to the acquiring of
new knowledge by
◦ experiments, investigation and
thinking.
 It indicates that it is the finding of a new
principle, theory or knowledge, which is
already existing or concealed in nature.
 It adds to the existing human knowledge.
◦ Eg. Discovery of Gravitational force by sir Isac
Newton
14

15. Thomas Edison Invented or Discovered the light bulb ???

16.  Invention is the development of something new,
which is not preexisting.
 There is the application of pre-existing
knowledge established by discovery.
 Eg. Electricity is a product of discovery , whereas
electric bulb is an invention.
 Power of steam is a discovery and the steam
engine is an invention.
 Generally speaking an invention is patentable and
discovery is not patentable.
SNIST/BT/Ravindra/IPR-1 16

18.  Creativity: the
quality of being
creative, the
ability to create
 Creativity would
then be the
composite ability
to innovate
and/or invent.
SNIST/BT/Ravindra/IPR-1 18

19. 19
Think Away
From The
Box

20. Creativity is the ability to
–Think / come up with new idea
–Design new “inventions”
–Produce “works of art”
–Solve problems in new ways, or
develop a new idea based on an
“original” knowledge.
–Novel or unconventional approach.
20

21.  “invention“ can be defined as the creation of a
product or introduction of a process for the
first time.
 “Innovation,” occurs if someone improves on
or makes a significant contribution to an
existing product, process or service.
SNIST/BT/Ravindra/IPR-1 21

23. 23

24. SNIST/BT/Ravindra/IPR-1 24

25. TECHNIQUES FOR INNOVATION

36. Invention and
Innovation

40. Intellectual Property Rights
Intellectual property (IP) refers to the property
created with the use of Intellect.
IP refers to the creations of mind.
It is given the status of property because of its
commercial value.
These are protected under different rights
SNIST/BT/Ravindra/IPR-1 40

41. IP as a property
• Can be sold
• Can be bought
• Can be lease or rent
• Can pass under a will
• Can be assigned

42. Need for Protection of IP
To provide an incentive/encouragement to the public to
disclose it for further creations/enhancements
To give such creators official recognition; so that no one
copy it without prior permission
To create repositories of vital information;
To prevent others from illegally exploiting the creation
TO AVOID RE-INVENTING THE WHEEL
IPR has significant influence on economic progress
42

43. – Enhance research by dissemination information on advances
in technology
– IPR acknowledges and gives official recognition to the efforts
employed by the person, firms, or organization
– Technology transfer, licensing and investments become
much easier with IPR
– Promote the innovation process
– Encourage high risk investments which lead to
industrialization
– Avoid duplication of invention/ investment in R& D
– Reduce cost of production
43
Need for Protection of IP (cont..)

45. Types of Intellectual Property
• There are variety of IPs which are protected by
two pillars of IP, i.e.
• Industrial property and copyright,
SNIST/BT/Ravindra/IPR-1 45

47. 47

48. Types of Intellectual Property
1. Patents
2. Trade Marks
3. Geographical Indicators
4. Industrial Designs
5. Layout-Designs of Integrated Circuits
6. Trade Secrets
7. Copyrights and Related Rights

49. Patent
• The word patent comes from the Latin
'litterae patentes', meaning an open letter.
• A patent is an exclusive right granted for an
invention
– It may be a product or a process that provides a
new way of doing something, or
– offers a new technical solution to a problem.
49

50. Patent - Definition
• A Patent is a statutory right for an invention
granted for a limited period of time to the
patentee by the Government, in exchange of
full disclosure of his invention for excluding
others, from making, using, selling, importing
the patented product or process for producing
that product for those purposes without his
consent
• It is a techno- legal document

51. TRADEMARKS
• Trade marks have been defined as any sign , or
any combination of signs capable of
distinguishing the goods or services of one
undertaking from those of other undertakings.
• The system helps consumers identify and
purchase a product or service because its nature
and quality, indicated by its unique trademark,
meets their needs
• It is used as a marketing tool so that customers
can recognize the product of a particular trader.
51

52. TRADEMARKS
52

53. Trade Secrets
• Any Information that can be used in the
operation of a business or other enterprise,
is not generally known in the trade, and
• significant efforts have been made to keep
information secret
• to afford an actual or potential competitive
advantage over others
53

54. Trade Secrets
• A trade secret is a type of intellectual
property in the form of a formula, practice,
process, design, instrument, pattern,
commercial method, or compilation of
information not generally known or
reasonably ascertainable by others by which
a business can obtain an economic
advantage over competitors or customers.
54

55. • JUST AS TRADEMARK SHAPES DISTINGUISH A COMPANY’S
CORPORATE IMAGE, GOODS AND SERVICES;
• AN INDUSTRIAL DESIGN SHAPES THE FORM OF NEW PRODUCTS TO
DIFFERENTIATE IT FROM CURRENT PRODUCTS.
• COMPANIES REGULARLY LAUNCH NEW DESIGNS / NEW MODELS
• INDUSTRIAL DESIGNS AND TRADEMARKS ARE INTELLECTUAL
PROPERTY (IP) TOOLS THAT CONTRIBUTE TO A BRANDING
STRATEGY
55
INDUSTRIAL DESIGNS
SNIST/BT/Ravindra/IPR-1

56. • Industrial design generally refers
to the product’s overall form and
function.
• Form - Ornamental design
• AN INDUSTRIAL DESIGN enhances
visual appeal and differentiates product.
• Only the aesthetic/visual form of a
product can be filed and protected as
an INDUSTRIAL DESIGN
• not the Technical (Patents) nor
Distinguishing Features (Trademarks)
56
INDUSTRIAL DESIGNS

57. Functional design
• Designs dictated by technical or functional
considerations , as against aesthetic consideration
which constitute the coverage of industrial designs
• There are two possible starting points, which may be
used in a combined form:
• A process tree, which can be drafted from scratch or
based on an existing solution of the design problem (or
a comparable problem)
• A collection of elementary (general) functions, for
instance the functional basis developed by the
American National Institute of Standards and
Technology (NIST).
INDUSTRIAL DESIGNS

59. Semiconductor Integrated Circuits &
Layout Design
• Layout design refers to a layout of transistors
and other circuitry elements and includes
lead wires connecting such elements and
expressed in any manner in a semiconductor
integrated circuit.

60. Integrated circuits
• To protect the layout-designs of integrated circuits (IC)
• It is the 3-dimensional disposition of the elements and
interconnections making up an IC.
• IC is an electronic circuit in which the elements of the circuit
are integrated into some medium and function as a unit.
• The medium used is a solid semiconductor, usually silicon.
• The manufacturing technology allows the circuit to be
integrated into a piece of silicon which is small and thin, like a
wafer. SNIST/BT/Ravindra/IPR-1 60

61. SNIST/BT/Ravindra/IPR-1 61
• Semiconductor Integrated
Circuit means a product having
transistors and other circuitry
elements, which are
inseparably formed on
semiconductor material or
insulating material, or inside
the semiconductor material,
and designed to perform an
electronic circuitry function.
• Integrated circuits are utilized in
many products from watches to
televisions to traffic lights and
of course computers.

62. 62
Copyrights
• Copyright consists of a bundle of rights given to
creators in their literary and artistic works.
• These creators, and their heirs, hold the exclusive
rights to use or license others to use the work on
agreed terms.
• The creator of a work can prohibit or authorize, for
example:
– its reproduction in various forms, such as a printed
publication or a phonore cord;
– its public performance, as in a play or musical work;
– its broadcasting, including by radio, television, or satellite;
– its translation into other languages, or its adaptation, such
as the adaptation of a novel into a screenplay.

63. 63
Copyright generally involves
• literary works such as novels, poems, plays, films,
musical works, and
• artistic works such as drawings, paintings,
photographs, sculptures, and architectural designs.

64. 64
GEOGRAPHICAL INDICATIONS OR
APPELLATIONS OF ORIGINS.
• Geographical Indications (“GI”) are those, which
identify a good as originating in a place where a given
quality, reputation, or other characteristic of the good
is essentially attributable to its geographical origin.
• Geographical Indications are about culture, geography,
traditions, heritage and traditional practices of people
and countries.
• Classification of goods – Class 1 -34
SNIST/BT/Ravindra/IPR-1

65. 65
What is a Geographical Indication?
• It is an indication
• It originates from a definite geographical territory.
• It is used to identify agricultural, natural or
manufactured goods
• The manufactured goods should be produced or
processed or prepared in that territory.
• It should have a special quality or reputation or other
characteristics based upon the climatic or production
characteristics unique to the geographical location

66. • Some better-known examples of GI are
“Champagne,” “Bordeaux,” - wines from
france
• “Chianti,” famous for their wines in Italy

67. 67
Pochampally Ikat
Tirupathi Laddu

73. Non Patentable Inventions
• There are three sections in Indian Patents Act
• Section 3 - Non patentable inventions
• Section 4 – Inventions relating to atomic
energy
• Section 5 – Inventions where only methods or
process of manufacture
73

74. Section 3 - Non patentable inventions
• Which causes serious prejudice to human ,
animal, plant life or to environment.
• Mere discovery of a scientific Principle
• Mere discovery of any new property or new
use of a known substance. Eg. Use of neem as
pesticide or insecticide.
• Mere arrangement or re-arrangement or
duplication of known devices each functioning
independently of on another in a known way.
74

75. • A substance obtained by a mere admixture only
in the aggregation of the properties of the
components thereof.
• A method of agriculture or horticulture ie., a
method of producing new form of a known
plant.
– Plant and animals in whole or any part thereof other
than microorganisms but including seeds, varieties of
plants and animals.
• Any thing regarding surgery , or medical
treatment for diagnosis or other treatment of
human beings or animals to render them free of
disease.
75

76. IP Portfolio
76
Patent US7395821
Trademark
Multi-Haler™
Design
No. 211208
Trade Secret
Know-how
Copyright
Novel &
Inventive
External
Appearance
Confidential Informn
&
Undisclosed Tech
Package Insert/
Information Leaflet
Brand Name

77. Organization Structure – IP Offices in India
Ministry of Industry &
Commerce
Office of the Controller
General of Patents,
Designs
And Trademarks
Designs Wing
(Kolkatta)
Patent office
( Kolkatta, Delhi,
Mumbai, Chennai)
Trade Marks Registry
( Kolkatta, Delhi,
Mumbai, Ahmedabad
Chennai)
Geographical
Indications
Registry
( Chennai)
Patent
Information
Service
( Nagpur)

78. IP Building at New Delhi

79. IP Buildings at Kolkata,Delhi and Chennai

80. Nodal Agencies for IPR facilitation in India
• TIFAC Patent facilitation Cell
www.indiapatents.org.in
• CII - Andhra Pradesh Technology Development & Promotion Center
www.aptdc.com/ www.apipr.org
• National Research Development Corporation
www.nrdcindia.com
http://www.ipindia.nic

81. GENESIS OF INTELLECTUAL PROPERTY RIGHTS
Statute of
Monopolies:
British law, passed in
1623, that abolished the
government- sponsored
dominance by guilds of
particular industries and
vested the creator of
intellectual property with
the rights thereto.
Exclusive
Jurisdiction:
A federal court has
exclusive jurisdiction
over a case when
federal courts may
hear the case but
state courts may not.
Contract Law:
The series of statutory
laws, case law and
common law that governs
the enforceability of
agreements and
promises between
people.
Mutual Assent:
The presence of an offer
and an acceptance in
the case of a contract.
Mutual assent is a
necessary element for
most contracts to be
enforceable
Consideration:
The contract law doctrine
which dictates that both
sides of an agreement must
suffer or agree to suffer a
legal detriment for a contract
to be enforceable (i.e., both
sides must agree to give
something up).
Misappropriation:
The tort that applies when
one party wrongfully uses
information gathered by, or
belonging to, another
person for his or her own
commercial purposes.

82. GENESIS OF INTELLECTUAL PROPERTY RIGHTS
1883: Paris Convention For The Protection of Industrial Property
1886: Berne Convention For The Protection of Literary And Artistic
Works
1891 – Madrid Agreement
1893-Bureaux For The Protection Of Intellectual Property
1925- Hague Agreement Concerning the International Deposit of Industrial
Designs
1967-World Intellectual Property Rights Organization (WIPO)
1970-Patent Cooperation Treaty 1974-
WIPO joins the United Nations
1995-Agreement on Trade Related Aspects of Intellectual Property
Rights

83. 1883:PARIS CONVENTION FOR THE PROTECTION OF INDUSTRIAL
PROPERTY
 FIRST STEP TO ENSURE PROTECTION OF INTELLECTUAL WORKS
OF PEOPLE
 COVERED PATENTS, TRADEMARKS AND INDUSTRIAL DESIGNS
 REALISED THE NEED FOR INTERNATIONAL PROTECTION OF IP
REALISING THE NEED FOR
PROTECTION
EXHIBITORS FROM OTHER COUNTRIES
REFUSED TO ATTEND INTERNATIONAL
EXHIBITIONS ON INVENTIONS IN
VIENNAAS THEYWERE AFRAID THEIR
IDEAS MIGHT BE STOLEN

84. 1886: BERNE CONVENTION FOR THE PROTECTION OF LITERARY
AND ARTISTIC WORKS
 AGREED AFTER A CAMPAIGN BY FRENCH WRITER VICTOR HUGO
AND HIS ASSOCIATION LITTÉRAIRE ET ARTISTIQUE
INTERNATIONALE
 DEALS WITH PROTECTION OF WORKS AND RIGHTS OF THE
AUTHORS
Sculptures
Architectural
works
Drawing
s
Painting
s
Songs
Operas
Musical
Novels
Short
Stories
Poems
WORKS
PROTECT
ED

85. 1886: BERNE CONVENTION FOR THE PROTECTION OF LITERARY
AND ARTISTIC WORKS
 AIM - GIVE CREATORS THE RIGHT TO CONTROLAND RECEIVE
PAYMENT FOR THEIR CREATIVE WORKS ON AN INTERNATIONAL
LEVEL
THREE BASIC
PRINCIPLES
PRINCIPLE
OF
NATIONAL
TREATMEN
T
Treating
Foreigners and
locals equally
PRINCIPLE
OF
AUTOMATIC
PROTECTIO
N
Protection must
not be conditional
upon compliance
with any formality
PRINCIPLE OF
INDEPENDENCE
OF PROTECTION
Protection is
independent of
the existence of
protection in the
country of origin
of the work

86. 1886: BERNE CONVENTION FOR THE PROTECTION OF LITERARY
AND ARTISTIC WORKS
General rule is that protection must
be granted until the expiration of the
50th year after the author's death
LIMITA
TIONS AND
EXCEPTIONS ON
ECONOMIC RIGHTS:
-Reproduction in Special
Cases
-Use of Works by way of
Illustrations for T
eaching
Purposes
-Use of Works for Reporting
Current Events
-Ephemeral recordings for
Broadcasting
Right to
Translate
Moral Rights
Right to
Right to
Perform in
Public
Broadcast
Right to Use
Work as a
Basis for
Audiovisual
Work
Right to
Recite
Right to make
Adaptations
&Arrangements
Right to make
Reproductions
Right to
Communicate to
the Public

87. 1891 – MADRID AGREEMENT
1893-BUREAUX FOR THE PROTECTION OF
INTELLECTUAL PROPERTY
The Secretariats for the Paris and Berne Convention together formed BIRPI
to coordinate and allocate the necessary responsibilities to appropriately
enact the Berne Convention’s legislation and international copyright law.
 One stop solution for registering and managing marks worldwide
File one application, in one language, and pay one set of fees to
protect a mark in the territories of up to 98 members
Manage a portfolio of marks through one centralized system.

88. 1970-WORLD INTELLECTUAL PROPERTY
ORGANIZATION
BIRPI transformed to become a member state-led,
inter-governmental organization known as the World
Intellectual Property Rights Organization (WIPO)
WIPO jointed the United Nations in 1974 and
became a specialized agency of the UN
WIPO is now the global forum for intellectual
property services, policy, information and cooperation
All members of the UN are entitled to become
members of WIPO

89. TRADE RELATED ASPECTS OF INTELLECTUAL
PROPERTY RIGHTS (TRIPS AGREEMENT)
 Came into effect on 1 January, 1995
 Most comprehensive multilateral agreement
on
intellectual property
 It covers: Copyrights, Trademarks,
Geographical Indications, Industrial
Designs, Patents, Plant Varieties, Layout
Designs of Integrated Circuits, Undisclosed
Information like Trade Secrets.

90. INTELLECTUAL PROPERTY RIGHTS
IN INDIA
IPR
IN
INDI
A
TRADEMAR
KS
PATENT
S
COPYRIGH
TS
DESIGN
S
SEMICONDUCTO
RS
PLANT
VARIETI
ES
GEOGRAPHI
CAL
INDICATION
S
TRADE
SECRE
TS

91. BENEFITS & IMPORTANCE OF INTELLECTUAL
PROPERTY RIGHTS
 INDIA HAS ALWAYS BEEN AN INNOVATIVE SOCIETY – BUT LACKS
AWARENESS REGARDING THE IMPORTANCE OF INTELLECTUAL PROPERTY
RIGHTS
 IP STIMULATES CREATIVITY AND INNOVATION
 IP RIGHTS ARE MARKETABLE FINANCIALASSETS AND AN ECONOMIC TOOL
 IP PROMOTES ADVANCEMENT IN SCIENCE AND TECHNOLOGY
, ARTS,
BIODIVERSITY
, ETC.
 IP PROVIDES COMPETITIVE ADVANTAGE IN COMMERCIAL ACTIVITIES BY
PREVENTING UNAUTHORIZED EXPLOITATION BY THIRD PARTIES

92. BENEFITS & IMPORTANCE OF INTELLECTUAL
PROPERTY RIGHTS
 IP PROTECTION PROVIDES A GUARANTEE WITH RESPECT TO
THE SAFETY AND QUALITY OF GOODS
 IT ENABLES TECHNOLOGY TRANSFER – LICENSING,
ASSIGNMENT
 IP IS AN INTANGIBLE ASSET THAT HELPS SMEs GET FINANCING –
LOANS, INVESTMENTS etc.
Annual
2015-2016:
Report
Govt.
of India, Ministry
of Commerce &
Industry, Dept. of
Industrial Policy
& Promotion
Applicati 2002- 2013- 2014- 2015-2016
on 2003 2014 2015 (up to Dec
2015)
PATENT 11,466 42,950 42,763 35,447
DESIGN 3,124 8,533 9,327 8,035
TRADE
M ARK
94,120 2,00,005 2,10,501 2,07,923
GI - 75 47 15
TOTAL 1,08,710 2,51,563 2,62,638 2,51,420

93. SITUATION IN INDIA
 India’s IPR Regime – in compliance with TRIPS
 India is a party to almost all major conventions
 On traditional matters involving TMs, Copyrights, Designs etc.,
jurisprudence has evolved.
 On Patents the jurisprudence new areas are emerging like
Standard Essential Patents, overlapping areas like
Competition, Plant Varieties etc.,
 Trade Secrets – India needs to debate if we need a statutory
law;
 Traditional knowledge – India is looking at sui generis
protection

94. SITUATION IN INDIA
 Some areas like criminal remedies–implementation needs
improvement – infringement, piracy not uncommon
 Low investment in R&D
 Due to lack of knowledge – India lags behind in leveraging IPR
– lead to growth of illicit trade
 IP is the most important and valuable asset for software and
knowledge-intensive companies
 Large companies like Infosys, WIPRO and TCS–service
based- little investment in creating & protecting their IP
 In the next decade India needs to focus on innovation in order
to become more competitive in protectionist regimes.