Introduction to IPR

By
Dr.Nagendrakumar Turaga
MBA, LL.M., Ph.D.
Associate Professor
Intellectual property Right (IPR) is a term used for various legal entitlements which
attach to certain types of information, ideas, or other intangibles in their expressed
form.

The holder of this legal entitlement is generally entitled to exercise various exclusive
rights in relation to the subject matter of the Intellectual Property.

The term intellectual property reflects the idea that this subject matter is the product of
the mind or the intellect, and that Intellectual Property rights may be protected at law
in the same way as any other form of property.

Intellectual property laws vary from jurisdiction to jurisdiction, such that the
acquisition, registration or enforcement of IP rights must be pursued or obtained
separately in each territory of interest.
Bluetooth Technology (US No. 5,952,849)

iPhone (Multi-Touch Screen & Design)

Apple (Logo & Name) – Apple Inc.
Nike (Swoosh Logo & "Just Do It"
Slogan) – Nike, Inc.
Darjeeling Tea - West Bengal (India’s first GI tag)

Mysore Silk- Karnataka

Marvel Cinematic Universe (MCU) – Marvel Studios (Disney)

Harry Potter series – J.K. Rowling

What is Intellectual Property?

Intellectual property is an intangible creation of the human mind, usually expressed or

translated into a tangible form that is assigned certain rights of property.

What is Intellectual Property Rights?

Intellectual property rights (IPR) can be defined as the rights given to people over the
creation of their minds. They usually give the creator an exclusive right over the use of
his/her creations for a certain period of time.

Intellectual property (IP) refers to creations of the mind: inventions, literary and
artistic works, and symbols, names, images, and designs used in commerce.
Categories of Intellectual Property

One can broadly classify the various forms of IPRs into two categories:

• IPRs that stimulate inventive and creative activities (patents, utility models,
industrial designs, Copyright, plant breeders’ rights and layout designs for
integrated circuits).
• IPRs that offer information to consumers (trademarks and geographical indications).

IPRs in both categories seek to address certain failures of private markets to provide
for an efficient allocation of resources -IP is divided into two categories for ease of
understanding:
a) Industrial Property
b) Copyright
 Industrial property
1. Inventions
2. Trademarks
3. Industrial design
4. Geographical indications
Copyright
1. Writings 9. Sculpture
2. Paintings 10. Drawings
3. Musical works 11. Architectural works etc.
4. Dramatics works
5. Audiovisual works
6. Sound recordings
7. Photographic works
8. Broadcast
Why is Intellectual Property Rights (IPR) Important?

A. Fostering Innovation and Creativity

B. Driving Economic Growth
C. Ensuring Fair Compensation and Recognition
D. International Importance

How to Protect Intellectual Property?

1. Intellectual Property Treaties

• Paris Convention for the protection of Industrial Property
• Berne Convention for the protection of literary and artistic works
• The Patent Cooperation Treaty (PCT)
• The Agreement on Trade-Related aspects of Intellectual Property Rights
• World Intellectual Property Organization (WIPO)
2. Indian Intellectual Property - Administrative Machinery

a.) Patents, Designs, Trade Marks and Geographical Indication of Goods-

• The Department of Industrial Policy and Promotion under the Ministry of

Commerce & Industry.
• The outlining of policy and its implementation will happen through the Office of
the Controller General of Patents, Designs and Trade Marks.
• It promotes awareness regarding protection of the Intellectual Property Rights
inherent in industrial property in conjunction with the World Intellectual Property
Organization (WIPO).
• It also provides inputs on various issues relating to the Agreement on Trade Related
Aspects of Intellectual Properties (TRIPS) related to World Trade Organization
(WTO) in these fields.
2. Indian Intellectual Property - Administrative Machinery

b.) Copyrights-

• The Copyright Office under the Department of Secondary and Higher Education in
the Ministry of Human Resource Development provides all facilities including
registration of copyrights and its neighboring rights.
• Office has taken several measures to strengthen the enforcement of copyright.
• These include setting up of Copyright Enforcement Advisory Council, organization
of seminars/workshops to create greater awareness about copyright law among the
enforcement personnel and the general public, setting up of collective
administration societies and creation of separate cells in state police headquarters.
2. Indian Intellectual Property - Administrative Machinery

c.) Integrated Circuits Layout Design-

• The Semiconductor Integrated Circuits Layout-Design Registry (SICLDR) in the

Department of Information Technology under the Ministry of Information
Technology is responsible for receiving IPR applications and granting Registrations
to qualifying cases.
• It provides protection for semiconductor IC layout designs.
• India has now in place Semiconductor Integrated Circuits Layout Design Act, 2000
to give protection to IC layout design.
• Layout design includes a layout of transistors and other circuitry elements and
includes lead wires connecting such elements and expressed in any manner in a
semiconductor IC.
2. Indian Intellectual Property - Administrative Machinery

d.) Intellectual Property Appellate Board-

• Intellectual Property Appellate Board has been constituted by the Central

Government in the Ministry of Commerce and Industry on 15th September 2003 to
hear appeals against the decisions of the Registrar under the Trade Marks Act, 1999
and the Geographical Indications of Goods (Registration and Protection) Act, 1999.

• The Intellectual Property Appellate Board has its headquarters at Chennai and will
have sittings at Chennai, Mumbai, Delhi, Kolkata and Ahmedabad.
A patent is a legal right granted by a government to an inventor, giving them exclusive
rights to make, use, sell, and distribute an invention for a specific period (typically 20
years from the filing date). In exchange, the inventor must publicly disclose details about the
invention.

Types of Patents:
• Utility Patents – Protect new and useful processes, machines, or compositions of matter.
• Design Patents – Protect the unique visual appearance of an item rather than its function.
• Plant Patents – Protect new varieties of plants that are asexually reproduced.
In India, Patents are governed by the Patents Act, 1970
Key Requirements:
 Must be novel, non-obvious, and Industrially applicable.
 Require a formal application to be filed with a patent office.
 Provide a monopoly for the inventor but require public disclosure.
 After expiration, the invention enters the public domain.
A copyright is a legal protection granted to creators of original works, such as literature,
music, art, films, and software. It gives the creator exclusive rights to reproduce, distribute,
display, and perform their work for a specific period (typically the creator's lifetime plus 70
years in many countries).

Key Requirements:
 Protects original works of authorship, not ideas or facts.
 Automatically applies upon creation—registration is not required, though it provides legal
benefits.
 Allows the owner to license or sell rights to others.
 Includes fair use exceptions (e.g., for education, criticism, or news reporting).
 Once expired, the work enters the public domain for free use.

In India, Copyright is governed by the Copyright Act, 1957

A trademark is a legal protection for symbols, names, logos, slogans, or other identifiers used
to distinguish goods or services of a business from others. It helps prevent confusion among
consumers and protects brand identity.

Key Requirements:
 Protects brand names, logos, slogans, and even sounds or colors (e.g., Coca-Cola’s logo,
Nike’s “Just Do It” slogan).
 Must be distinctive and not too generic or descriptive.
 Can be registered with government agencies (e.g., USPTO, WIPO) for stronger legal
protection.
 Lasts indefinitely if renewed periodically and actively used.
 Prevents others from using a similar mark in a way that causes confusion.

Trademarks in India are governed by the Trade Marks Act, 1999

.

An industrial design protects the visual appearance of a product, including its shape,
pattern, or ornamentation. It ensures that the aesthetic aspects of a design are exclusive to
the creator for a specific period (typically 10-25 years, depending on the country).

Key Requirements:
 Protects the decorative or aesthetic aspects of a product, not its function.
 Must be new and original to qualify for protection.
 The design must be applied to particular articles.
 It must have visual appeal.
 The design must be significantly distinguishable from known designs
 It should not include a trade mark or a property mark or any artistic work.
 An Industrial design is registered for a period of 10 years.

Industrial designs in India are governed by the Designs Act, 2000

An integrated circuit (IC) is a miniaturized electronic circuit consisting of semiconductor
devices like transistors, resistors, and capacitors, all fabricated onto a single chip of
semiconductor material (usually silicon). ICs are essential in modern electronics, powering
everything from computers and smartphones to medical devices and automobiles.

Key Requirements:
 Highly compact and efficient compared to discrete electronic components.
 Can perform functions like processing, memory storage, and signal amplification.
 Protected under Intellectual Property (IP) laws, including patents and layout design rights.
 Used in various applications, including microprocessors, sensors, and communication
systems.

The protection of Integrated Circuits (ICs) in India is governed by the

Semiconductor Integrated Circuits Layout-Design Act, 2000
A Geographical Indication (GI) is a sign used on products that have a specific geographical
origin and possess qualities, reputation, or characteristics unique to that location. It is often
used for agricultural, food, wine, and handicraft products.

Key Requirements:
 Indicates that a product comes from a specific region (e.g., Champagne from France,
Darjeeling Tea from India).
 Protects the quality, reputation, and authenticity of regional products.
 Prevents unauthorized use of the name by producers outside the designated region.
 Unlike trademarks, GIs belong to a community or region rather than an individual or
company.

Geographical Indications (GIs) in India are governed by the Geographical

Indications of Goods (Registration and Protection) Act, 1999
 WIPO (World Intellectual Property Organization)
The World Intellectual Property Organization (WIPO) is a specialized United Nations (UN)
agency dedicated to the promotion and protection of intellectual property (IP) rights
worldwide.

Founded on July 14, 1967, through the Convention Establishing the World Intellectual
Property Organization, signed in Stockholm, Sweden.

WIPO is located at Geneva, Switzerland, with 193 member countries.

WIPO's primary goal is to promote innovation and creativity by ensuring the protection of
intellectual property globally.

Functions include:
Administration of IP Treaties
Global IP Services
IP Policy, Legal Assistance, and Capacity Building
 Applications and Procedures of WIPO

Patent Protection – Patent Cooperation Treaty (PCT)

The Patent Cooperation Treaty (PCT) allows inventors and companies to file a single
international patent application that is recognized in multiple countries.

PCT Application Procedure

 Filing the Application
 International Search Report (ISR) & Written Opinion
 Publication of the Application
 Optional Supplementary International Search & Preliminary Examination
 National Phase Entry
Trademark Protection – Madrid System
The Madrid System allows businesses and individuals to register their trademarks in multiple
countries with one application.

Madrid System Application Procedure

 Basic Trademark Registration
 International Application Submission
 Formal Examination by WIPO
 Examination by Designated Countries
Industrial Design Protection – Hague System
The Hague System allows individuals and businesses to register industrial designs
internationally through a single application.

Hague System Application Procedure

Filing an International Application
Formal Examination by WIPO
Substantive Examination by Designated Countries
Protection & Renewal
Copyright Protection – WIPO Copyright Treaty (WCT)

How to Register Copyright?

• Unlike patents and trademarks, copyright does not require formal registration under
WIPO.
• WIPO supports national copyright offices but does not register copyrights directly.
• Some countries offer voluntary copyright registration for proof of ownership.

Digital Copyright Protection

• The WIPO Copyright Treaty (WCT) and WIPO
Performances and Phonograms Treaty (WPPT)
protect digital content (e.g., software, e-books, music).
Dispute Resolution – WIPO Arbitration and Mediation Center

What is WIPO Dispute Resolution?

• WIPO offers alternative dispute resolution (ADR) for trademark, patent, copyright, and
domain name disputes.
• Methods include mediation, arbitration, and expert determination.

WIPO Domain Name Dispute Resolution (UDRP)

• Handles cybersquatting cases (e.g., trademark infringement in domain names).
• Uses the Uniform Domain-Name Dispute-Resolution Policy (UDRP).
• If the panel decides in favor of the trademark owner, the domain name
is transferred or canceled.