SECTION D

INTELLECTUAL PROPERTY RIGHTS

Intellectual property rights are the legal rights that cover the privileges given to individuals
who are the owners and inventors of a work, and have created something with their
intellectual creativity. Individuals related to areas such as literature, music, invention, etc., can
be granted such rights, which can then be used in the business practices by them.

The creator/inventor gets exclusive rights against any misuse or use of work without his/her
prior information. However, the rights are granted for a limited period of time to maintain
equilibrium.

The following list of activities which are covered by the intellectual property rights are laid down
by the World Intellectual Property Organization (WIPO) −

· Industrial designs

· Scientific discoveries

· Protection against unfair competition

· Literary, artistic, and scientific works

· Inventions in all fields of human endeavor

· Performances of performing artists, phonograms, and broadcasts

· Trademarks, service marks, commercial names, and designations

· All other rights resulting from intellectual activity in the industrial, scientific, literary, or
artistic fields

Types of Intellectual Property Rights

Intellectual Property Rights can be further classified into the following categories −

1. Copyright

2. Patent
3. Trademarks

4. Trade Secrets, etc.

· Copyright -- Copyright is a legal term used to describe the rights that creators have
over their literary and artistic works. Works covered by copyright range from books,
music, paintings, sculpture and films, to computer programs, databases,
advertisements, maps and technical drawings.

· Patents -- A patent is an exclusive right granted for an invention. Generally speaking,

a patent provides the patent owner with the right to decide how - or whether - the
invention can be used by others. In exchange for this right, the patent owner makes
technical information about the invention publicly available in the published patent
document.

· Trademarks -- A trademark is a sign capable of distinguishing the goods or services of

one enterprise from those of other enterprises. Trademarks date back to ancient
times when artisans used to put their signature or "mark" on their products.

· Trade secrets -- Trade secrets are IP rights on confidential information which may be
sold or licensed. The unauthorized acquisition, use or disclosure of such secret
information in a manner contrary to honest commercial practices by others is
regarded as an unfair practice and a violation of the trade secret protection.

· Geographical Indication (GI) -- Any Indication which identifies goods (agricultural,

manufactured, natural) originating from a particular region Duration is unlimited
 subject to payment of renewal fees. Initial duration is 10 years. E.g. Darjeeling Tea,
Pochampalli Saree, Chanderi Saree, Kanjeevaram Silk

Advantages of Intellectual Property Rights

Intellectual property rights are advantageous in the following ways −

· Provides exclusive rights to the creators or inventors.

· Encourages individuals to distribute and share information and data instead of keeping it
confidential.

· Provides legal defense and offers the creators the incentive of their work.

· Helps in social and financial development.

· Encourage research.

Intellectual Property Rights in India

To protect the intellectual property rights in the Indian territory, India has defined the formation
of constitutional, administrative and jurisdictive outline whether they imply the copyright,
patent, trademark, industrial designs, or any other parts of the intellectual property rights.

Back in the year 1999, the government passed an important legislation based on international
practices to safeguard the intellectual property rights. Let us have a glimpse of the same −

Legislations covering IPRs in India

• Patents: The Patents Act, 1970 as amended in 1999, 2002 and 2005

• Design: The Designs Act, 2000

• Trade Mark: The Trade Marks Act, 1999

• Geographical Indications: The Geographical Indications of Goods (Registration and Protection)

Act, 1999
• Copyright: The Copyright Act, 1957 as amended in 1983, 1984 and 1992, 1994, 1999

• Layout Design of Integrated Circuits: The Semiconductor Integrated Circuits Layout Design
Act, 2000

• Plant Varieties: The Protection of Plant Variety and Farmers’ Rights Act, 2001

PATENT -- A patent is a form of intellectual property that gives its owner the legal right to
exclude others from making, using, selling and importing an invention for a limited period of
years, in exchange for publishing an enabling public disclosure of the invention. In most
countries patent rights fall under civil law and the patent holder needs to sue someone
infringing the patent in order to enforce his or her rights. In some industries patents are an
essential form of competitive advantage; in others they are irrelevant.

The procedure for granting patents, requirements placed on the patentee, and the extent of the
exclusive rights vary widely between countries according to national laws and international
agreements. Typically, however, a patent application must include one or more claims that
define the invention. A patent may include many claims, each of which defines a specific
property right. These claims must meet relevant patentability requirements, such as novelty,
usefulness, and non-obviousness.

OBJECTIVE OF PATENTS --

The subject of Patent Law is to encourage scientific research, new technology and industrial
progress. Grant of exclusive privilege to own, use or sell the method or the product patented for
limited period, stimulates new inventions of commercial utility. The price of the grant of
monopoly is the disclosure of the invention at the Patent Office, which after the expiry of the
fixed period of the monopoly passes into the public domain.

Rights in a Patent --

Patent registrations confers on the rightful owner a right capable of protection under the Act i.e.
the right to exclude others from using the invention for a limited period of time. The monopoly
over patented right can be exercised by the owner for a period of 20 years after which it is open
to exploitation by others.

Patent confers the right to manufacture, use, offer for sale, sell or import the invention for the
prescribed period.

Time Period for which Patent is granted --

Initially, the Act provided for a shorter term pf protection for medicine or drug substances.
However, vide the Amendment Act of 2005 uniform period of 20 years was provided for all the
Patents. Thus, once the prescribed period of 20 years is over, then any person can exploit the
patented invention. Here it would be relevant to mention that similar to a trademark even the
term of a patent begins from the date of application of patent.

Requirements to Qualify as Invention

5. The Invention must be new;

6. Invention must involve an inventive step;

7. The invention must be capable of industrial application or utility;

8. The invention shouldn’t come under the inventions which are not patentable under
Section 3 and 4 of the Patent Act, 1970;

What Inventions are not Patentable?

Non-patentable inventions are enumerated under Section 3 and 4 of the Patent Act. Such
inventions are delineated below:

9. Any Invention which is frivolous or which claims anything obviously contrary to well
established natural laws is not patentable.

10. Inventions which are contrary to public order or morality is not patentable.

11. An idea or discovery cannot be a subject matter of a patent application.

 12. Inventions pertaining to known substances and known processes are not patentable i.e.
mere discovery of a new form of a known substance which does not enhance the
known efficacy of that substance is not patentable.

13. An invention obtained through a mere admixture or arrangement is not patentable.

14. A method of agriculture or horticulture cannot be subject matter of patent.

15. A process involving medical treatment of human and animals or to increase their
economic value cannot be subject matter of a patent.

16. Plants and animals in whole or in part are not patentable.

17. A mathematical or business method or a computer program per se or algorithms is

excluded from patent protection.

18. Matters that are subject matter of copyright protection like literary, dramatic, musical
or artistic work is not patentable.

19. Any scheme or rule.

20. Presentation of information

21. Topography of integrated circuits.

22. Traditional knowledge.

23. Inventions relating to atomic energy.

LINK FOR THEORY FOR PATENT

https://www.vakilno1.com/bareacts/laws/the-basics-of-patent-law-in-india.html

Video Lecture for PATENT LAW

https://www.youtube.com/watch?v=l5KHBZ1whWk

COPYRIGHT LAW

A copyright is an intellectual property right granted by a government that gives the owner
exclusive rights to use, with some limited exceptions, original expressive work. Examples of
materials entitled to copyright protection include original works of fiction, non-fiction, music,
architectural design, artistic paintings, and sculptures.

Under section 13 of the Copyright Act 1957, copyright protection is conferred on literary works,
dramatic works, musical works, artistic works, cinematograph films and sound recording. For
example, books, computer programs are protected under the Act as literary works.

Conceptual Framework

In order to receive copyright protection, a piece of work must meet the following requirements:

· Original expression: The work must be a unique expression of thought or idea that isn't
already published in the public domain. Basically, the work must be significantly new and
different from other works. For example, you cannot rip the title page off of a Harry
Potter book, rename it Harold Zotter and claim a copyright over the material. You also
should note that you cannot copyright an idea, just the expression of an idea. For
example, you can't copyright the idea of superstring theory, but you can have a copyright
on your essay explaining superstring theory.

· Reduced to tangible form: You must reduce your work into a tangible form, as in a
physical form, such as printing your novel or writing music onto sheet paper or putting it
in an audio recording.

If you hold a copyright over a piece of work, your exclusive rights include:

· Reproducing, which typically means recreating and re-releasing the work

· Creating, which is a right given to you by copyright that allows you to create derivative
work from your original work

· Distributing, which is a right given to you by copyright that allows you to sell or give
away your work to others

· Performing your work, which is a right granted by copyright allowing you to do things
like reading a chapter of your book at a local library event

· Displaying your work, which is a right granted by copyright allowing you to show your
work at places such as an art gallery
Of course, you're free to license or sell the copyright to your own work. You don't have to
transfer all your rights. For example, an artist may give an art gallery permission to show the
artist's work but not to reproduce the work. You may give a magazine a license to publish your
short story or commentary but only for a one-time publication.

Registration

You do not have to register your work for copyright protection. You actually are protected by
copyright law the moment your original expression is reduced to a tangible form. You can
register your work at any time. Registration with the Copyright Office is required if you want to
pursue a court action to stop copyright infringement. A copyright is effective during the life of
the author plus 60 years, but can be renewed in certain circumstances.

Duration:

• For publishing by an author within his life-time: Life of Author + 60 years

•For cinematography films, records, photographs, posthumous publications, anonymous

publication, works of government and international agencies: 60 years from the beginning of
the calendar year following the year in which the work was published.

• For broadcasting: 25 years from the beginning of the calendar year following the year, in
which the broadcast was made