INTELLECTUAL PROPERTY (IP)

Creation of the human mind.

Intangible property that is created at the mind of the humans before being converted

to material forms.
Property here is the human thought process and the protection accorded to
such thought process. Eg: idea, business method, invention etc.

INTELLECTUAL PROPERTY RIGHTS (IPR)

Intellectual Property Rights are exclusive rights over the creations of the mind.
A creator can have exclusive rights over his creation for a certain period of
time depending upon the type of Intellectual Property.
Some of the reasons for accepting these rights are:o a. To provide incentive to the individual for new creations.
o b. Providing due recognition to the creators and inventors.
o c. Ensuring material reward for intellectual property.
o d. Ensuring the availability of the genuine and original products

TYPES OF INTELLECTUAL PROPERTY RIGHTS

Items of intellectual properties can be classified into two main categories:a. Industrial Property rights: industrial properties rights include rights in form of

patents, trade marks, industrial designs, and geographic indication of

source. IP includes inventions.
b. Copyright : The copyrights include all literary works and artistic works which
range from articles, news-paper items, novels, story books, poetry books,
drawings, photographs, paintings, architectural design, music, dance, films and
artistic performances.

LIST OF THE SUBJECT MATTER PROTECTED BY INTELLECTUAL

PROPERTY RIGHTS:

 Literary, artistic and scientific works;

Performances of performing artists, phonograms, and broadcasts;
Inventions in all fields of human endeavor;
Scientific discoveries;
Industrial designs;
Trademarks, service marks, and commercial names and designations;
Protection against unfair competition; and
All other rights resulting from intellectual activity in the industrial, scientific, literary
or artistic fields.
With the establishment of the world trade Organization (WTO), the importance and role
of the intellectual property protection has been crystallized in the Trade-Related
Intellectual Property Systems (TRIPS) Agreement.
LEGISLATIVE FRAMEWORK OF IP ADMINISTRATION

Patents Act, 1970

Trade Mark Act, 1999
The Geographical Indications of Goods (Registration and Protection ) Act, 1999
The Designs Act, 2000
Dept of Education covers: Copyright Act, 1957

Patents Act, 1970

After Independence a comprehensive bill on patent rights was enacted in the year
1970 and was called "The Patents Act, 1970".
Various amendments were made after being a member of WTO.
Subsequently the rules under the Patent Act have also been amended and these
became effective from May 2003. These rules have been further amended by Patents
(Amendment) Rules 2005 w.e.f 01.01.2005. Thus, the Patent Amendment Act,
2005 is now fully in force and operative.

PATENTS

Patent is a monopoly grant given by the Government to an inventor for having

made an invention.
Once granted, a patent gives the inventor the exclusive right to make, use and sell
his invention for the duration of the patent term, which is usually 20 years.

Features of Patent Law

Both product and process patent provided

Term of patent 20 years

Examination on request

Both pre-grant and post-grant opposition

Fast track mechanism for disposal of appeals

Provision for protection of bio-diversity and traditional knowledge

Publication of applications after 18 months with facility for early publication

Substantially reduced time-lines

Invention:
It means any new process or product involving inventive step and capable of industrial
application.
Patentable subject matter
Invention must

relates to a Process or Product or both

be new (Novel)

involves an inventive step

be Capable of industrial application

not fall under Section 3 and 4

New means
Invention must not be

Published in India or elsewhere

In prior public knowledge or prior public use with in India

Claimed before in any specification in India

Inventive step
A feature of an invention that

involves technical advance as compared to the existing knowledge or

have economic significance or both and

makes the invention not obvious to a person skilled in the art

Industrial application means

Invention is capable of being made or used in any kind of industry
Examples of Patent:
Tata has filed 34 patents for TATA NANO
It becomes the worlds cheapest car
Begin a new concept of Engineering known as Gandhian Engineering synonymous to
Frugal Engineering.

Section 3 exclusions

Section 3(a)

Frivolous inventions

Inventions contrary to well established natural laws

Examples

Hypothetical claim

Perpetual machine

Section 3(b)

Commercial exploitation

or primary use of inventions , which is

contrary to public policy and morality.

Section 3(b)

The mere discovery of a scientific principle or the formulation of an abstract theory or

discovery of any living thing or non-living substances occurring in nature
Section 4
Inventions falling within Section 20(1) of the Atomic Energy Act, 1962 are not
patentable. Radio active discoveries cannot be patented.
Procedures for obtaining a patent
1. File an application for patent

With one of the patent offices based on territorial jurisdiction of the place
of office or residence of the applicant /agent

Pay the required fee

2. Formality Check:

An Examiner checks the formal requirements before accepting the

application and the fee this is done immediately

Issue of application number and the cash receipt this is done the same

day
In case of receipt of application by post, cash receipt, application number

is sent by post within 2-3 days

3. Publication:
Application is kept secret for a period of 18 months from the date of filing
In 19th month, the application is published in the official journal this journal is
made available on the website weekly
Applicant has an option to get his application published before 18 months also
In that case, application is published within one month of the request
4. Request for Examination:
Application is examined on request
Request for examination can be made either by the applicant or by a third party
A period of 48 months, from the date of filing, is available for making request for
examination
5. Examination:
Application is sent to an Examiner within 1 month from the date of request for
examination
Examiner undertakes examination w.r.t.
whether the claimed invention is not prohibited for grant of patent
whether the invention meets the criteria of patentability
6. Issue of FER:
A period of 1 to 3 months is available to Examiner to submit the report to the

Controller
1 months time available to Controller to vet the Examiners report
First Examination Report (FER) containing gist of the objections is issued within
6 months from the date of filing of request

TRADEMARKS

Trademark is a special symbol for distinguishing the goods offered for

sale or otherwise put on the market by one trader from those of another.
A trade mark (popularly known as brand name) in laymans language is a visual
symbol which may be a word signature, name, device, label, numerals
or combination of colours used by one undertaking on goods or services or
other articles of commerce to distinguish it from other similar goods or
services originating from a different undertaking.
The trademark owner will have monopoly over the usage of that symbol.
It includes Brands, Logos, Service marks, Trade name etc.
Trademark - classified into 45 categories
The initial registration of a trademark shall be for a period of ten years but
may be renewed from time to time for an unlimited period by
payment of the renewal fees.
Under the Indian trademark law the following are the types of trademarks that can be
registered:
Product trademarks: are those that are affixed to identify goods.
Service trademarks: Where a trademark is used in connection with
services, it may be called service mark. Service marks are used by hotels
Service marks are used by hotels, restaurants, airlines, tourist
agencies
Certification trademarks: indicate that the proprietor of the mark has
certified the goods bearing the mark as to certain characteristics of the goods.
ISI, AGMARK, FPO
Collective trademarks: are registered in the name of groups,
associations or other organizations for the use of members of the
group in their commercial activities to indicate their membership of
the group. The goods and services of a company or group of companies like
GODREJ or HINDUSTAN UNILEVER LTD. may be the subject matter of
collective Trade mark.
PROCEDURE

1. File an application with the office of TM: Upon filing of the application, the
registry will issue us with an official receipt with the filing date and number
allotted to the application.
2. Examination: The application is then formally examined by the Indian Trade
Marks Office, as to its inherent registrability and/or any similarity with existing
marks.
If an objection to registration is raised, an official examination report will issue.
To overcome the objection, it is necessary to file a written response or presenting
evidence of acquired distinctiveness and in most cases, an interview/hearing with
the examiner is posted.
3. Publication in the TM Journal:
Trademark will be published in the Trade Marks Journal
If there are no oppositions within 4 months from the date of advertisement in the
Trade Marks Journal, then the trademark registration certificate will issue.
4. Notice of opposition if any:
If an objection to registration is raised, an official examination report will issue.
To overcome the objection, it is necessary to file a written response or presenting
evidence of acquired distinctiveness and in most cases, an interview/hearing with
the examiner is posted. The Registrar may require the applicant to file an
affidavit testifying to such user with exhibits showing the mark as used.
5. Trademark Registration: is a tedious process and it takes around 18-24
months to obtain registration in a straight-forward case, without any objections
or oppositions. However, once the trademark application is filed, an application
number is allotted immediately and the priority starts from the date of
application.
6. Once the trademark is registered, it is valid for a period of 10 years from
the date of application. The registration can then be renewed indefinitely as
long as the renewal fees are paid every 10 years.
COPYRIGHTS

GEOGRAPHICAL INDICATIONS

A geographical indication (GI) acts as a mechanism that helps producers differentiate

their products from competing products in the market and enables producers
to build a reputation and goodwill around their products that will fetch a
premium price.
Examples: Darjeeling tea, Basmati Rice, Nagpur oranges, Alphonso Mangoes (many
other varieties), Kolhapuri chappals etc
In India the Geographical Indications of Goods (Registration and Protection) Act, 1999
came in force with effect from September 2003.
Prohibits the use of indications (words, phrases, images or symbols) that will mislead/
deceive the public about the goods geographyical origin.
Provides a mechanism for registration of GIs
Establishes a GI Registry,
Elaborates the concept of authorized user and registered proprietor,
Higher level of protection for notified goods and remedies for infringements.
To qualify for protection an indication must:
1. Identify the good and its area of geographical origin.
2.Possess a given quality, reputation or other characteristics which
3.Is essentially attributable to its area of geographic origin.
Geographical Indications registration gives to the registered proprietor and its
authorized users,

The legal right to the exclusive use of the GI and also

The right to obtain relief in case of its infringement.
Exclusion of unauthorized persons from misusing GI would ensure that genuine
products of the rightful producers are marketed.

The registration of a Geographical Indication is valid for a period of 10 years and can
be renewed from time to time for further period of 10 years each till such
products are available in the market.