IPR
Intellectual Property Rights
🞥 Intellectual property rights are the
rights given to persons over the
creations of their minds.
🞥 They usually give the creator an
exclusive right over the use of his/her
creation for a certain period of time.
Intellectual Property Rights
🞥 Intellectual property rights are the rights given to
persons over the creations of their minds.
🞥 They usually give the creator an exclusive right over
the use of his/her creation for a certain period of
time.
🞥 Intellectual Property (IP) deals with any basic
construction of human intelligence such as artistic,
literary, technical or scientific constructions.
Intellectual Property Rights (IPR) refers to the legal
rights granted to the inventor or manufacturer to
protect their invention or manufacture product.
Need for IPR
🞥 There are several reasons for promoting and
protecting intellectual property. Some of them
are:
1. Progress and the good of humanity remain in the
ability to create and invent new works in the field
of technology and culture.
2. IP protection encourages publication, distribution,
and disclosure of the creation to the public, rather
than keeping it a secret.
Need for IPR
3. Promotion and protection of intellectual Property
promote economic development, generates new
jobs and industries, and improves the quality of life.
4. Intellectual Property helps in balancing between
the innovator’s interests and public interest, provide
an environment where innovation, creativity and
invention can flourish and benefit all.
Types of IPR
IP can be basically divided into two categories, that is, industrial
Property and intellectual property.
A) : COPYRIGHT: The rights of authors of literary and artistic
works (such as books and other writings, musical compositions,
paintings, sculpture, computer programs and films) are protected
by copyright, for a minimum period of 50 years after the death of
the author.
🞥 Also protected through copyright and related (sometimes
referred to as “neighbouring”) rights are the rights of
performers (e.g. actors, singers and musicians), producers of
phonograms (sound recordings) and broadcasting
organizations. The main social purpose of protection of
copyright and related rights is to encourage and reward
creative work.
🞥 B) Geographical indication:
One area can be characterized as the protection of distinctive signs, in
particular trademarks (which distinguish the goods or services of one
undertaking from those of other undertakings) and geographical indications
(which identify a good as originating in a place where a given characteristic
of the good is essentially attributable to its geographical origin).
Eg: Darjeeling tea and basmati rice are a common example of
geographical indication.
The protection of such distinctive signs aims to stimulate and ensure fair
competition and to protect consumers, by enabling them to make informed
choices between various goods and services. The protection may last
indefinitely, provided the sign in question continues to be distinctive.
🞥 C) Industrial design:
🞥 Other types of industrial property are protected primarily
to stimulate innovation, design and the creation of
technology. In this category fall inventions (protected by
patents), industrial designs and trade secrets.
The social purpose is to provide protection for the results
of investment in the development of new technology, thus
giving the incentive and means to finance research and
development activities. The protection is usually given for
a finite term (typically 20 years in the case of patents).
🞥 D) Trademark:
🞥 A trademark is a badge of origin. It is a specific sign
used to make the source of goods and services public
in relation to goods and services and to distinguish
goods and services from other entities. This
establishes a link between the proprietor and the
product. It portrays the nature and quality of a
product.
🞥 It can be a combination of a name, word, phrase,
logo, symbol, design, image, shape, colour, personal
name, letter, number, figurative element and colour
🞥 E) Patent:
🞥 Patent law recognizes the exclusive right of a
patent holder to derive commercial benefits from
his invention. A patent is a special right granted
to the owner of an invention to the manufacture,
use, and market the invention, provided that the
invention meets certain conditions laid down in
law. Exclusive right means that no person can
manufacture, use, or market an invention without
the consent of the patent holder. This exclusive
right to patent is for a limited time only.
🞥 Copyright and rights related to
copyright
🞥 The rights of authors of literary and
artistic works and
🞥 rights of performers
🞥 Industrial property –
🞥 Trademarks – distinguishing
goods/services
🞥 Geographic Indicators
🞥 Patents
TRIPS
🞥 WTO – TRIPS (Trade-Related Aspects of
Intellectual Property Rights)
🞥 Negotiated in the 1986-94 Uruguay
Round,
🞥 Introduced intellectual property rules
into the multilateral trading system for
the first time.
India
🞥 Indian Patent Act 1970
🞥 Trademarks Act 1999
🞥 The Geographical Indications of
Goods(Registration and Protection Act)
1999
🞥 The Designs Act 2000
Patents Act 1970
Invention (Sec 2 (j))
🞥 (j)"invention" means a new product or process
involving an inventive step and capable of
industrial application;
🞥 (ja) "inventive step" means 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;
What are not inventions Sec 3
🞥 (a) an invention which is frivolous or which claims
anything obviously contrary to well established natural
laws;
🞥 (b) an invention the primary or intended use or
commercial exploitation of which could be contrary to
public order or morality or which causes serious
prejudice to human, animal plant life or health or to
the environment;
🞥 (c) the mere discovery of a scientific principle or the
formulation of an abstract theory or discovery of any
living thing or non-living substance occurring in nature;
🞥 (d) the mere discovery of a new form of a known substance
or the mere discovery of any new property or new use for a
known substance or of the mere use of a known process,
machine or apparatus unless such known process results in
a new product or employs at least one new reactant.
🞥 (e) a substance obtained by a mere admixture resulting
only in the aggregation of the properties of the components
thereof or a process for producing such substance;
🞥 (f) the mere arrangement or re-arrangement or duplication
of known devices each functioning independently of one
another in a known way;
🞥 (g) Omitted by the Patents (Amendment) Act,
2002
🞥 (h) a method of agriculture or horticulture;
🞥 (i) any process for the medicinal, surgical,
curative, prophylactic diagnostic, therapeutic
or other treatment of human beings or any
process for a similar treatment of animals to
render them free of disease or to increase
their economic value or that of their products.
🞥 (j) plants and animals in whole or any part thereof
other than micro organisms but including seeds,
varieties and species and essentially biological
processes for production or propagation of plants and
animals;
🞥 (k) a mathematical or business method or a computer
programme per se or algorithms;
🞥 (l) a literary, dramatic, musical or artistic work or any
other aesthetic creation whatsoever including
cinematographic works and television productions;
🞥 (m) a mere scheme or rule or method of
performing mental act or method of playing
game;
🞥 (n) a presentation of information;
🞥 (o) topography of integrated circuits;
🞥 (p) an invention which in effect, is traditional
knowledge or which is an aggregation or
duplication of known properties of traditionally
known component or components.
Patent Application Process
Persons entitled to apply:
🞥 True and first inventor
🞥 True and first inventor’s assignee
🞥 Legal representative of deceased true
and first inventor or his/her assignee
Patent Office Territorial
Jurisdiction
🞥 Mumbai : Gujarat, Maharashtra, Madhya Pradesh, Goa,
Chhattisgarh, the Union Territories of Daman & Diu and Dadra
& Nagar Haveli.
🞥 Delhi: Haryana, Himachal Pradesh, Jammu and Kashmir,
Punjab, Rajasthan, Uttar Pradesh, Uttarakhand, National
Capital Territory of Delhi and the Union Territory of
Chandigarh.
🞥 Chennai: Andhra Pradesh, Karnataka, Kerala, Tamil Nadu and
the Union Territories of Pondicherry and Lakshadweep.
🞥 Kolkata: States of Bihar, Orissa, West Bengal, Sikkim, Assam,
Meghalaya, Manipur, Tripura, Nagaland, Arunachal Pradesh
and Union Territory of Andaman and Nicobar Islands)
Contents of Patent
Application
🞥 Application for grant of patent
🞥 Applicant has to obtain a proof of right to file the
application from the inventor. The Proof of Right is
either an endorsement at the end of the
Application or a separate assignment.
🞥 Specification: Provisional / complete specification
🞥 Statement and undertaking
🞥 Declaration as to inventorship
Specification
🞥 Fully and particularly describe the invention therein
claimed in a complete specification.
🞥 The disclosure of the invention in a complete
specification must be such that a person skilled in the
art may be able to perform the invention.
🞥 This is possible only when an applicant discloses the
invention fully and particularly including the best
method of performing the invention.
🞥 The Specification is a techno-legal document
containing full scientific details of the invention and
claims to the patent rights.
🞥 Title of the invention;
🞥 Name, address and nationality of each of the
applicants for the Patent; and
🞥 Preamble to the description.
Provisional Specification
🞥 When the applicant finds that his invention has reached a stage
wherein it can be disclosed on paper, but has not attained the final
stage, he may prepare a disclosure of the invention in the form of a
written description and submit it to Patent Office as a Provisional
Specification which describes the invention.
🞥 A Provisional Specification secures a priority date for the
application over any other application which is likely to be filed in
respect of the same invention being developed concurrently.
🞥 Immediately on receiving the Provisional Specification the Patent
office accords a filing date and application number to the
Application.
🞥 An application accompanying a provisional specification is deemed
to be abandoned if no complete specification is filed within twelve
months from the date of filing of the provisional specification.
Complete Specification
🞥 The Complete Specification is a techno-
legal document which fully and particularly
describes the invention and discloses the
best method of performing the invention.
🞥 As the Complete Specification is an
extremely important document in the
patent proceedings it is advised that it
should be drafted with utmost care without
any ambiguity.
🞥 Every complete specification shall:
a. fully and particularly describe the invention and its operation
or use and the method by which it is performed;
b. disclose the best method of performing the invention which
is known to the applicant for which he is entitled to claim
protection;
c. end with a claim or set of claims defining the scope of the
invention for which the protection is claimed;
d. make reference to deposit of the biological material in the
international depository authority, if applicable; and
e. be accompanied by an abstract.
Grant of Patent
🞥 On acceptance of complete
specification 🡪 acceptance advertised
by Controller in Official Gazette
🞥 The application and specification with
drawings 🡪 open for public inspection
Opposition to Grant of Patent
🞥 With 4 months from date of
advertisement
🞥 Notice to patent office
Grounds for Opposition
🞥 Applicant has wrongfully obtained the invention
or part thereof
🞥 Invention already publically known/used in India
🞥 Not an invention within the meaning of the act
🞥 Specification not sufficient
🞥 Applicant has failed to disclose information or has
furnished false information
Notice of Opposition
🞥 Controller shall give a copy of the
opposition to the applicant for patent
🞥 After hearing whoever desires to be
heard (Applicant/Opponent) the
Controller makes the decision
Grant and Sealing of Patents
🞥 One invention one patent
🞥 Dated as of the date the complete specification
was filed
🞥 Date of every patent shall be entered in the
register
RESTORATION OF LAPSED
PATENTS
🞥 Lapsed Patent: a patent that has ceased to have
effect by reason of failure to pay any renewal fee
within the period prescribed
🞥 Restoration
🞥 patentee or his legal representative, and where the
patent was held by two or more persons jointly, then,
with the leave of the Controller,
🞥 within eighteen months from the date on which the
patent ceased to have effect,
🞥 make an application for the restoration of the patent.
Surrender of patents
🞥 A patentee may, at any time by giving notice in the prescribed
manner to the Controller, offer to surrender his patent.
🞥 Where such an offer is made, the Controller shall publish the offer in
the prescribed manner, and also notify every person other than the
patentee whose name appears in the register as having an interest
in the patent.
🞥 Any person interested may, within the prescribed period after such
publication, give notice to the Controller of opposition to the
surrender, and where any such notice is given the Controller shall
notify the patentee.
🞥 If the Controller is satisfied after hearing the patentee and any
opponent, if desirous of being heard, that the patent may properly
be surrendered, he may accept the offer and, by order, revoke the
patent.
Infringement
Remedies to Infringement:
🞥 the act of making, using, selling, or offering to sell a
patented invention, without the permission of the
patent holder. The patent holder may choose to sue
the infringing party to stop his or her activities, as
well as to receive compensation for the unauthorized
use.
🞥 If the court finds that the patent infringer is causing
damage before or during the case, it could grant a
preliminary injunction, which prevents the infringer
from continuing his or her actions. To have a
preliminary injunction granted, the person
• Public interest will not be negatively affected if the injunction is
granted.
• There is high merit to the case, which is likely to result in
success.
• There can be additional hardship to the patent holder if the
party infringing is allowed to continue use during the litigation
proceedings.
🞥 Preliminary injunctions can be difficult and are not often
granted unless there was adjudication previously that showed
validation of the patent.
🞥 The Indian Patent Act, 1970 provides several remedies to
address patent infringement, including injunctions, damages,
and seizure, forfeiture or destruction.
COPYRIGHTS
🞥 Copyright refers to the legal right of the owner of
intellectual property. In simpler terms, copyright is the
right to copy. This means that the original creators of
products and anyone they give authorization to are the
only ones with the exclusive right to reproduce the work.
Subject Matter of Copyrights
🞥 “artistic work” means,— (i) a painting, a sculpture, a
drawing (including a diagram, map, chart or plan), an
engraving or a photograph, whether or not any such
work possesses artistic quality; (ii) a 1 [work of
architecture]; and (iii) any other work of artistic
craftsmanship;
🞥 “cinematograph film” means any work of visual
recording 5 and includes a sound recording
accompanying such visual recording and
“cinematograph” shall be construed as including any
work produced by any process analogous to
cinematography including video films;]
🞥 “dramatic work” includes any piece for recitation, choreographic
work or entertainment in dumb show, the scenic arrangement or
acting, form of which is fixed in writing or otherwise but does not
include a cinematograph film;
🞥 “literary work” includes computer programs, tables and
compilations including computer
🞥 “musical work” means a work consisting of music and includes any
graphical notation of such work but does not include any words or
any action intended to be sung, spoken or performed with the
music
🞥 “sound recording” means a recording of sounds from which such
sounds may be produced regardless of the medium on which such
recording is made or the method by which the sounds are
produced
Registration procedure of
Copyrights
1) Register of Copyrights: There shall be kept at the Copyright
Office a register in the prescribed form to be called the Register of
Copyrights in which may be entered the names or titles of works
and the names and addresses of authors, publishers and owners
of copyright and such other particulars as may be prescribed.
2) Form and inspection of register: at all reasonable times be open
to inspection, and any person shall be entitled to take copies of,
or make extracts from, such register or indexes on payment of
such fee and subject to such conditions
3) Register of Copyrights to be prima facie evidence of particulars
entered therein: y the Registrar of Copyrights and sealed with the
seal of the Copyright Office shall be admissible in evidence in all
courts without further proof or production of the original.
4) Correction of entries in the Register of Copyrights:
correcting any error in any name, address or particulars
( or ) correcting any other error which may have arisen
therein by accidental slip or omission.
5) Rectification of Register by Appellate Board: the making of
any entry wrongly omitted to be made in the register, or (b)
the expunging of any entry wrongly made in, or remaining
on, the register, or (c) the correction of any error or defect in
the register
6) Entries in the Register of Copyrights, etc., to be published:
shall be published by the Registrar of Copyrights in the
Official Gazette or in such other manner as he may deem fit.
AUTHORSHIP AND OWNERSHIP
🞥 Whose rights are protected by copyright?
🞥 Copyright protects the rights of authors, i.e., creators of
intellectual property in the form of literary, musical,
dramatic and artistic works and cinematograph films and
sound recordings.
🞥 Who is the first owner of copyright in a work?
🞥 Ordinarily the author is the first owner of copyright in a
work.
TERM OF COPYRIGHT
Is copyright protected in perpetuity?
No. It is protected for a limited period of time.
What is the term of protection of copyright?
The general rule is that copyright lasts for 60 years. In the case of original
literary, dramatic, musical and artistic works the 60-year period is counted
from the year following the death of the author. In the case of
cinematograph films, sound recordings, photographs, posthumous
publications, anonymous and pseudonymous publications, works of
government and works of international organisations, the 60-year period is
counted from the date of publication.
🞥 Assignment and License of Copyright
🞥 Infringement- Remedies and penalties of
copyrights
🞥 From Handbook of copyright law
🞥 https://copyright.gov.in/documents/
handbook.html
Example of infringements
🞥 https://www.youtube.com/watch?v=SdA6PtzgVUs
🞥 https://www.youtube.com/watch?v=fbDSEhLOeC8
🞥 https://www.youtube.com/shorts/BzEI0HuOtTM
🞥 https://www.youtube.com/watch?v=ZmJjzK8_1hw
🞥 https://www.youtube.com/watch?v=8cPHLRF5xpI
