• Theory, History & Evolution of IPRs

• Different Types of IPs

Theory of Intellectual Property
• The founder’s philosophy of the value of intellectual property rights
can be explained with two justifications:
• Bargain Theory: In exchange for inventing something useful,
society gives the inventor the exclusive right to his invention for a
limited time, after which it goes into to the public domain and belongs
to society.
• Natural Rights Theory: Discusses the inventors’ inherent rights of
property. In exchange for disclosing to the public the nature and
details of the invention, the Constitution authorizes the government
to enforce the inventor’s exclusive property right to that invention for
a limited time.
History and Evolution of IPRs
History of IPR
• Ancient Societies:
• In ancient Greece and Rome, there were instances of legal protections for
certain inventions of the handicraft skills, first IP/patent rights in Greece, 500
BC .
• Often more focused on rewarding inventors rather than providing exclusive
rights.
• Medieval and Renaissance Periods:
• Guilds and Monopolies: various guilds and craft organizations controlled the
production of certain goods and technologies.
• Monopolies were granted to artisans and guilds to encourage innovation and
quality.
• Exclusive rights were given through religion, tradition and habits
Origins or Birth of Modern IP Laws
• Statute of Monopolies (England, 1624): First notable piece of
legislation that resembled modern patent law was the Statute of
Monopolies in England in 1624.
• This statute limited the power of the Crown to grant monopolies.
• Established the principle that exclusive rights should be granted
for a limited time to encourage innovation.
Globalization of IPR
• Explore the 19th and 20th centuries, where the concept of IP expanded
globally.
• Key Milestones:
• Paris Convention for the Protection of Industrial Property 1883
• Berne Convention for the Protection of Literary and Artistic Works 1886
• International Union for New Varieties of Plants (UPOV) 1961, 1972, 1978 and
1991
• Convention on Biodiversity, 1992
• Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS)
1994 in harmonizing global IP standards
• Internet Treaties 1996
Definition of IP
“Intellectual Property shall include the rights relating to
-literary, artistic and scientific works,
-performances of performing artists, phonograms, and broadcasts,
-inventions in all fields of human endeavour
-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.”
(WIPO Convention)
Major Intellectual Properties
• Industrial Property
• Patents
• Industrial Designs
• Trade Marks
• Geographical Indications
• Layout Designs of Integrated Circuits
• Trade Secrets
• Protection of New Plant Varieties
• Copyright and Related Rights
Patent
• A patent is an exclusive right granted for an invention, which is a
product or a process that provides a new way of doing something, or
offers a new technical solution to a problem.
• The limited monopoly right granted by the state enables an inventor
to prohibit another person from manufacturing, using or selling the
patented product or from using the patented process, without
permission.
• Period of Patents - 20 Years
Industrial Design
• ‘Design’ means only the features of shape, configuration, pattern,
ornament or composition of lines or colours applied to any article
whether in two dimensional or three dimensional or in both forms, by
any industrial process or means, whether manual, mechanical or
chemical, separate or combined, which in the finished article appeal
to and are judged solely by the eye.
Example: Consumer Products
Example: Pharmaceutical Product
Example: Textile & Jewellery
Industrial Design
• Rights of the Registered Proprietor:
• The proprietor of the registered design has the exclusive right to apply
the design to any article in the class in which the design is registered.
• Period of protection is ten years extendable by 5 years.
• What is Excluded?
• Any mode or principle of construction or anything which is in substance
a mere mechanical device
• Trade mark
• Artistic work
Industrial Design
• What is not registrable?
• A design which is not new or original.
• A design which has been disclosed to the public anywhere in the world
prior to the filing.
• A design which is not significantly distinguishable from known designs
or combination of known designs.
• A design which comprises or contains scandalous or obscene matter.
• A design which is contrary to public order or morality.
Not Registrable Articles
• ‘Calendar, certificate, forms, greeting cards, leaflets,
• Maps, building plan, medals
• Labels, tokens, stamps
• Religious symbols
• Mere mechanical contrivance
• Building and construction or real estate
• Flags, emblems, or signs of any country, computer icons Parts of articles not manufactured
and soled separately
• Layout designs of integrated circuits Basic shape, variations commonly used in the trade
• Mere workshop alteration
• Mere change in size
• Any principle or mode of construction of article
Trade Marks
• A name of an enterprise or a Mark capable of being represented
graphically, distinguishing the goods or services of one person from
those of others e. g., LUX, Godrej, TVS ,Telco, 555, APPLE
• Trade Mark can be -
• sign, words, letters, numbers,
• drawings, pictures, emblem,
• colours or combination of colours,
• shape of goods,
• graphic representation or packaging or
• any combination of the above
• as applied to an article or a product.
Trade Marks
• Registration of Trade Mark
• Trade Marks are registered by national trade mark registries and are valid in
that country
• Period of registration is for 10 years but can be renewed indefinitely
• Kinds of Trademarks
• Marks on goods
• Service Marks Certification trademark
• Collective Marks
• Well known marks
• Trade Names
Example of Different Types of TM
Forms of TM
• Visual:
• Words, letters, numerals, devices including drawings and symbols
• 2-D representations of object or a combination of two or more of these,
• colour combinations
• 3-D sign as shape of goods or packaging.
• Audio: Sounds, Musical Notes
• Olfactory: Smells
Trade Marks
• What is protected and what’s not?
• Right to use TM in relation to goods/ services as registered are
protected (If TM consists of several parts, protection is for TM as a
whole)
• State Emblems, Official Hallmarks, Emblems of Intergovernmental
Organizations cannot be used as TM.
Geographical Indication
• Geographical Indication is an indication which identifies goods
as agricultural goods, natural goods or manufactured goods as
originating, or manufactured in the territory of country, or a
region or locality in that territory, where a given quality,
reputation or other characteristic of such goods is essentially
attributable to its geographical origin.
• GI need not be a geographical name: e.g. Alphonso, Basmati
• Goods include goods of handicraft or of industry and also
foodstuff.
Geographical Indication
Example of GI
Example of GI
Geographical Indications
• In India, geographical indications have to be registered.
• Gl Registry examines and publishes the application before
registration
• Registration is valid for 10 years but can be renewed indefinitely
• Exclusive right to use the Geographical Indication on the goods
• Right to obtain relief for infringement of the Geographical
Indication
Semiconductor IC Layout Design
• Original and novel Layout-Designs of semiconductor integrated circuits
can get protection through registration
• Registration is done after examination and publication of the application
• Registration is valid for 10 years
• Non-registrable Layout-Designs
• Not original
• Has been commercially exploited anywhere in India or in a convention country
• Not inherently distinctive
• Not inherently capable of being distinguishable from any other registered layout-
design
Trade Secrets
• Some inventions, data, information cannot be protected by any of the available
means of IPRs. Such information is held confidential as a trade secret.
• Trade secret can be an invention, idea, survey method, manufacturing process,
experiment results, chemical formula, recipe, financial strategy, client database
etc.
• When Trade Secrets are preferred?
• When invention is not patentable
• Patent protection is limited to 20 years, when secret can be kept beyond that period
• When cost of patent protection are prohibitive
• When it is difficult to reverse engineer
Trade Secrets
• How to guard Trade Secret?
• Restricting number of people having access to secret information
• Signing confidentiality agreements with business partners and employees
• Using protective techniques like digital data security tools and restricting entry into
area where trade secret is worked or held
• National legislations provide protection in form of injunction and damages if secret
information is illegally acquired or used
Plant Varieties and Farmer’s Rights
• Protection of plant varieties
• Registrable varieties and criteria:
• New Varieties
• Novelty, Distinctiveness, uniformity and stability
• Extant varieties
• Distinctiveness, uniformity and stability
• Persons who can Register
• Breeders, farmers, universities, agricultural institutes
• Period of protection
• 15 years for annual crops
• 18 years for trees and vines
Plant Varieties and Farmer’s Rights
• Farmers’ Right
• To save, use, sow, re-sow, exchange, share or sell his farm produce including seed
in the same manner as he was entitled earlier (Seeds for sale should not be
branded)
• Researchers’ Rights
• Free and complete access to protected materials for research use in developing
new varieties of plants.
Copyright and Related Rights
• Scope of Copyright
• Original Literary, Dramatic, Musical and Artistic Works
• Work: Ideas expressed in material form
• No copyright in ideas or facts
• Cinematograph Films
• Sound Recordings
• Two Kinds of Rights
• Moral Rights
• To protect personality of author
• Right of Authorship, Right of Integrity, Digital Manipulation, No Right for Display etc.)
• Economic Rights
• To bring economic benefits (Right of Reproduction, Distribution etc.)
Copyright and Related Rights
• Duration of Copyright:
• Literary, dramatic, Musical and Artistic Works published during life time of author:
Life + 60 years
• All Other Works: 60 years from date of publication
• Posthumous, Anonymous Works
• Works of Government and Organizations
• Cinema and Sound Recording
• Photograph
End of Lecture_02