Intellectual Property

Rights

Presented by:
Group 6
 Intellectual Property
 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
 Movable and Immovable Property

Intellectual Property: It is the Property created by application of

human mind:
 Intangible (non-physical) in nature- derives value from ideas,
 There is no uniform definition of IP,
 In knowledge age, IP is a key to techno-economic growth.
 Rationale Behind IP
• The creative activity culminating in IP is necessary for socio-
economic progress,

• Material incentives and rewards encourage greater creative

activity,

• IP rights grant monopoly to ensure rewards,

• The interests of owner and society are balanced by limiting

periods of monopoly with obligation to disclose and remedies
against abuse of rights,

• Disclosure brings knowledge in public domain.

 7 Main IP Instruments
1. Trade Marks / Brands (Trade Marks Act, 1999)
Property Marks
2. Copyright (Copyright Act, 1957)
Artistic Work
Literary Work
Audio, Video and Records
Software
3. Industrial Designs (Designs Act, 2000)
4. Patents (The Patent Act, 1970)
5. Geographical Indications
The geographical Indications of Goods ( Registration
and
Protection )Act, 1999
6. Laws relating to Internet, Web and Information
Technology
(Information Technology Act, 2000)
7. Domain Names
Patents
 Patent and Invention
 Patent, under the Act, is a grant from the Government to the
inventor for a limited period of time, the exclusive right to make
use, exercise and vend his invention. After the expiry of the
duration of patent, anybody can make use of the invention.

Invention means any new and useful

a) art, process, method or manner of manufacture
b) machine, apparatus or other article
c) substance produced by manufacture

and includes any new and useful improvement of any of them, and
alleged invention
Therefore an invention is the creation of intellect applied to capital
and labour, to produce something new and useful. Such creation
becomes the exclusive property of the inventor on grant of patent
 Rules and regulations
 Patent Act 1970 : Office of the Controller of Patents

 RIGHTS OF A PATENTEE : The owner of the "Patent", i.e.

patentee is entitled to deal with such property in the same
manner as owner of any other moveable property.

• The patentee can sell the whole or part of this property (Patent).
• He can also grant license to other(s) to use the patented property.
• He can also assign such property to any other(s).

 Such sale, license or assignment of such patented property

naturally has to be for valuable consideration, acceptable mutually
 What can be Patented
 Inventions in all fields of technology, whether products or
processes, if they meet the criteria of

• Being patentable subject matter

• Novelty: 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
 SOME EXCLUSIONS FROM
PATENTABILITY
 Naturally occurring substances/elements;

 Diagnostic, therapeutic and surgical methods of treatment of

humans or animals;

 Plants and animals other than μ-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.
 Compulsory Licensing
 In a compulsory license, a government forces the holder of a
patent, copyright, or other exclusive right to grant use to the state
or others. Usually, the holder does receive some royalties, either
set by law or determined through some form of arbitration.

 Indian Patent Act allows any interested person after expiry of 3

years from grant of patent even though if he is a license under the
patent, may make an application to the Controller for grant of
compulsory license
Copyright
 Copyright Protection
 Copyright is a form of intellectual property which gives the
creator of an original work exclusive rights for a certain time
period in relation to that work, including its publication,
distribution and adaptation; after which time the work is said to
enter the public domain.

 e.g. Books, lectures, dramatic and musical works, choreography,

cinematography, drawings, paintings, architecture, sculpture,
photographs, illustrations, maps, plans sketches etc.

 India’s context :Copyright Act ,1997

 Copyright arises the moment a person creates a work
 Copying or reproduction of copyrighted material is prohibited
 Copyright holder can prosecute a person making unauthorized use
 What can be copyrighted
1) Literary Work : books, newspapers magazines, journals,
computer programs, tables,
compilations(1995)
2) Dramatic Work : recitation, arrangement of scenes,
choreographic works, dumb shows
3) Musical Work : original music work
4) Artistic Work : painting , sculpture, photograph, drawing, chart,
map
5) Film : motion picture, television shows, television
recording
6) Record : any recording of sound

 Requirements –
 Work must be original
 Copyright is applicable over the material form of expression and
not over idea
 Owner of Copyright
 Author : Writer/writers of the book , Painter , Music composer ,
Translator , Cinematographer , Photographer ,etc
 Employer :Person who has paid for the commissioned work

 Under section 17, author is the owner of the work

 Employer can have ownership under the ‘contract of service or
apprenticeship’
 Amendment :Ownership of a computer related work is the one
who pays for it
 An author may create a work at the instance of another person ,
for a valuable consideration
 In such cases ,unless specified otherwise ,the person
commissioning the work becomes owner
 Limitations
 In India , copyright is applicable –
• Work published in India
• Author is citizen of India
• In case of unpublished work, the author at the time of making is a
resident of India
• In case of architectural work ,it is located in India

• Following activities are not allowed for a copyrighted work

1) Reproduction or storage in electronic form
2) publishing the work
3) performing the work in public
4)Making a cinematographic film or record w.r.t. the copyrighted
work
5) Translation or adaptation of the work
 Duration and Broadcast
Reproduction Rights
 In case of literary , dramatic , musical , artistic work , published
during the lifetime of author, the work is under copyright during
the lifetime and 60 years after the death of the author
 In case of anonymous work , copyright is for 60 years from the
date of publication
 In case of photograph or films , copyright is 60 years from the year
of its publication

 Broadcast Reproduction Rights:

• No person can rebroadcast a broadcast
• No person can make a recording of a broadcast other than for
private use
• No person can sell or hire a broadcast without a license from the
owner
• Exception : use of excerpts for current events, teaching , research
Registration and Infringement of
Copyright
 Registration is not compulsory, however it is useful in case of
disputes in relation to infringement
 The Office of the Registrar of Copyrights maintains a register for
the following parts – Literary Works, Musical Works, Artistic Works,
Cinematograph films, sound recordings, Computer Programmes

 Copyright Infringement –
 Along with the person violating a copyright , any other person
allowing the use of his place for the communication of the
copyrighted material is liable for prosecution
 The Ac t provides for Criminal as well as civil liability
 Criminal Prosecution: Imprisonment for 6 months to 3 years and a
Fine of 50 thousand to 2 lakh rupees
 Civil Suit :Stopping of infringement, payment of profits as well as
damages to owner, transfer of material to the copyright holder
 TRADEMARKS

4711
 TRADEMARK, 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
 Trade mark has a life of 7 years but can be renewed indefinitely.
 Geographical Indications : It identifies a good as originating in
the territory of a member, where a given quality , reputation or
other characteristics of the good is essentially attributable to its
geographical origin
 Industrial design : Industrial design are ornamental features of a
product such as shapes, design, lines, motifs or colours. The
duration of protection is to be not less than 10 years.
 The Trade and Merchandise
Marks Act, 1958
 Creation of a Trade Mark Registrar
 It aimed at reducing the presence of foreign trade marks and
guarding the marks of domestic firms.
 Class of Goods : While making an Application, the person has to
specify the goods in relation to which trade mark was being used
and the class to which the good belonged

 Registration of a Foreign Mark :

• Surnames could be registered only if they had become distinctive
• Marks which were on Register could be removed on the grounds of
non – user
 Requirements for Registration
of a Mark
 A trade mark could not be registered in the following situations:

1) Use contrary to Law : National Emblems, ISI Mark

2) Descriptive or Laudatory Works : Trade marks designating the

kind, quality, quantity, intended purpose, values, geographical
origins, time of production

3) Confusion and Deception : Distinctiveness

 Trade Marks Act , 1999
 Inclusion of Service Mark: Inclusion of 7 services like banking,
communication, education, Finance, etc

 Procedure and Duration of Registration :Duration increased

from 7 years to 10 years

 Expanded Definition of Trade Mark : Shape of Goods,

Combination of Colors, Packaging has been included

 Collective Mark : An association can get a mark distinguishing

the goods and services of its members , registered as a Collective
Mark

 Certification Mark :Meant for a person who is competent to

certify goods or services for their origin ,material, mode of
publication ,quality ,accuracy ,etc
THANK YOU