INTELLECTUAL PROPERTY RIGHTS (IPR)

UNIT - I: Syllabus

Introduction to Intellectual Property Rights (IPR)

Concept of Property - Introduction to IPR – International Instruments and IPR - WIPO - TRIPS – WTO
–Laws Relating to IPR - IPR Tool Kit - Protection and Regulation - Copyrights and Neighboring Rights
– Industrial Property – Patents - Agencies for IPR Registration – Traditional Knowledge–Emerging
Areas of IPR – Layout Designs and Integrated Circuits– Use and Misuse of Intellectual Property Rights.

CONCEPT OF PROPERTY

According to Legal Services of India, property can be any movable or immovable, tangible or
intangible object that is owned by a person or jointly by a group of people.

Classification of property

Movable property: In civil law systems, personal property is often called movable property or movables
– any property that can be moved from one location to another. This term is in distinction with immovable
property or immovable, such as land and buildings.

Immovable property: Immovable property is an immovable object, an item of property that cannot be
moved without destroying or altering it - property that is fixed to the earth, such as land or a house. In the
United States it is also commercially and legally known as real estate and in Britain as property.

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

Depending upon nature of the property, an owner of the property has the right to-

1. Control over the use of property.

2. Right to take any benefit from the property.
3. Right to transfer or sell the property.
4. Right to exclude others from the property.

INTRODUCTION TO IPR

Intellectual Property (IP) refers to the creations of the human mind like inventions, literary and
artistic works using words, symbols, names, images and designs etc

Professor Niblett while describing “Intellectual Property as most basic form of property” explains
why it called so, “because man uses nothing to produce it other than his mind”.
 The Intellectual Property in its proper sense can be defined as “Property that is created by man
making use of nothing but his intellect”.

Knowledge, creative ideas, or expressions of human mind that have commercial value and are
protectable under copyright, patent, service mark, trademark, or trade imitation, infringement,
and dilution. Intellectual property includes brand names secret laws from discoveries ,
formulas, inventions, knowledge, registered designs, software, and works of artistic, literary, or musical
nature. It is one of the most readily tradable properties in the digital marketplace

The most noticeable difference between intellectual property and other forms of property,
however, is that intellectual property is intangible, that is, it cannot be defined or identified by its own
physical parameters.

Intellectual Property Rights allow people to assert ownership rights on the outcome of their
creativity and innovative activity in the same way that they can own a physical property like as an asset
intellectual property like any other property can be bought, sold, exchanged or graciously given away or
regulated as in the case of any other forms of property.

Generally intellectual property rights are of four separate and distinct types namely — patents,
trademarks, copyrights, and trade secrets. However, the scope and definition of intellectual property is
constantly evolving with the inclusion of newer forms of intellectual property like geographical
indications, protection of plant varieties, protection for semi-conductors and integrated circuits and
undisclosed information have been brought under the umbrella of intellectual property.

The objective of intellectual property rights is to encourage the creativity of the human mind for
the benefit of all and to ensure that the benefits arising from exploiting a creation benefit the creator and
certain rights by which creator can enjoy their property without any disturbances and prevent others from
using them. This will encourage creative activity and give investors a reasonable return on their
investment in research and development. Thus intellectual property rights help in balancing between the
innovator’s interests and public interest, provide an environment where innovation, creativity and
invention can flourish and benefit all.

It is very well settled that IPR play a vital role in the modern economy. It has also been conclusively
established that the intellectual labour associated with the innovation should be given due importance.
There has been a quantum jump in research and development (R&D) costs with an associated jump in
investments required for putting a new technology in the market place.

Salient Features of Intellectual property:

 Incorporeal Property: Intellectual property is Incorporeal Property in nature because it is

intangible and cannot be perceived by any of the senses.
  Intellectual Property is indestructible: From the characteristics of its being intangible, its
corollary indestructibility follows. Practically every conventional property, including immovable,
is capable of destruction, but not intellectual property.
 Intellectual Property is unobtainable: It does not exist in natural state like birds in the sky, fish
in pond. It has to be created. The property that exists without ownership is called res nullius as
exemplified above. Intellectual Property is not res nullius.
 Subject matter of Intellectual Property capable of use by more than one person: Subject
matter of Intellectual Property susceptible to use more than one person at a time. A literary work
can be read by a piece of musing can be enjoyed and a parented invention can be exploited by
infinite number of people simultaneously.
 Rights in Intellectual Property are Negative: Rights in Intellectual Property are called negative
rights because the owner of intellectual property has a right to prevent all other persons from
infringing hi right in intellectual property and all other persons have corresponding duty to refrain
from violating such rights.
 Intellectual Property Law through territorial in application is regulated by International
Conventions: The intellectual property laws are territorial statutes i.e. they are applicable within
the confines of India or the country legislating it. Such law is called lex loci. The extent of copy
right law as given in Section 1 (2) of Copy Rights Act 1957 is explicitly ‘whole of India’.
Similarly is extent of trade mark law under the Trade Mark Act 1999. The Patent Act 1970 and the
Design Act 2000.
 Rights in Intellectual Property for limited duration: Right to exploit intellectual property for
monitory benefit is restricted by law to limited period. The Copyright in literary work is granted
for life of its owner plus sixty years, patent i granted for twenty years and for continuation of right
in trade mark it has to be renewed from time to time
 Rights in Intellectual Property not unqualified: Intellectual Property like any other property is
subject to principle of eminent domain. Eminent domain is the sovereign power vested in the State
to acquire private property for public use.
 Original form of property: Intellectual Property is most original form of property in the sense
that a work to be cauterized as intellectual property must not be copied or duplicated. It must
originate from its creator uncontaminated by existing work.
 Exploitation of Right in Intellectual Property Obligatory: Not only intellectual property law
enforces rights granted to its owner under it, it also ensures that such rights are properly exploited.

INTERNATIONAL INSTRUMENTS AND IPR

The International Intellectual Property System is in fact a system of accumulated practices rather
than a set of fixed rules. It is the practice of international relations in the matter of legal protection of
inventions, literary and artistic works governed by both national legislations defining the treatment to be
granted to foreigners, and international treaties concerning such treatment. It may be emphasised that a
country’s laws defining the rights of the foreigners form a part of the international system even when, the
country is not party to any international treaty on the subject, for such laws form the basis upon which in
practice intellectual property is protected in more than one country.

The need for international protection of intellectual property became evident when foreign
exhibitors refused to attend the International Exhibition of Inventions in Vienna in 1873 because they
were afraid their ideas would be stolen and exploited commercially in other countries. There are number
of International Treaties/Conventions which deal with the various aspects of intellectual property and
industrial property.

Paris Convention:

The year 1883 marked the origin of the Paris Convention for the Protection of Industrial Property,
the first major international treaty designed to help the people of one country obtain protection in other
countries for their intellectual creations in the form of industrial property rights, known as inventions
(patents); trademarks; industrial designs. The Paris Convention entered into force in 1884 with 14member
States, which set up an International Bureau to carry out administrative tasks, such as organizing meetings
of the member States.

Berne Convention:

In the year 1886, copyright also entered the international arena with the Berne Convention for the
Protection of Literary and Artistic Works to help nationals of its member States obtain international
protection of their right to control, and receive payment for, the use of their creative works such as novels,
short stories, poems, plays; songs, operas, musicals, sonatas; and drawings, paintings, sculptures,
architectural works. Like the Paris Convention, the Berne Convention set up an International Bureau to
carry out administrative tasks.

Madrid protocol
The Madrid system (officially the Madrid system for the international registration of marks) is the
primary international system for facilitating the registration of trademark in multiple jurisdictions around
the world. Its legal basis is the multilateral treaty Madrid Agreement Concerning the International
Registration of Marks of 1891, as well as the Protocol Relating to the Madrid Agreement (1989). The
Madrid system provides a centrally administered system of obtaining a bundle of trademark registrations
in separate jurisdictions

General Agreement on Tariffs and Trade (GATT)

General Agreement on Tariffs and Trade (GATT) was a multilateral agreement regulating
international trade. According to its preamble, its purpose was the "substantial reduction of tariffs and
other trade barriers and the elimination of preferences, on a reciprocal and mutually advantageous basis."
It was negotiated during the United Nations Conference on Trade and Employment and was the outcome
of the failure of negotiating governments to create the International Trade Organization (ITO). GATT was
signed by 23 nations in Geneva on October 30, 1947 and took effect on January 1, 1948. It lasted until the
signature by 123 nations in Marrakesh on April 14, 1994 of the Uruguay Round Agreements, which
established the World Trade Organization (WTO) on January 1, 1995.

WORLD INTELLECTUAL PROPERTY ORGANISATION (WIPO)

The World Intellectual Property Organization (WIPO) is a specialized agency of the United
Nations for intellectual property (IP) services, policy, information and cooperation. WIPO was
established by the WIPO Convention in 1967 with a mandate from its 193 Member States to promote the
protection of IP throughout the world through co-operation among states and in collaboration with other
international organizations. WIPO came into effect from 1970with its headquarters in Geneva,
Switzerland.

It is dedicated to continuously develop a balanced and accessible international intellectual

property (IIP) system, which rewards creativity, stimulates innovation and contributes to economic
development while safeguarding the public interest.

Objectives of WIPO

 The objectives of the system are two-fold. Firstly, it facilitates the obtaining of protection for
marks (trademarks and service marks).
 Secondly, since an international registration is equivalent to a bundle of national registrations, the
subsequent management of that protection is made much easier.

WIPO is also a co-publisher of the global innovation index. In December 2011 , WIPO published its
first world property report on the changing face of innovations , the first such report of the new office of
the chief economist

The Event was established by WIPO in 2000 to “Raise awareness of how patent, Copyrights,
Trademarks and designs Impact on daily life and to celebrate creativity and the contribution made by
creators and innovators to the development of societies across the globe. WIPO also announced a Day to
celebrate Intellectual Property on April 26th on annual frequency

WORLD TRADE ORGANIZATION (WTO)

Created in 1995, the World Trade Organization (WTO) is an international institution that oversees
the rules for global trade among nations. It is based on agreements signed by a majority of the world’s
trading nations. The main function of the organization is to help producers of goods and services, as well
as exporters and importers, protect and manage their businesses. As of 2021, the WTO has 164 member
countries.
 The WTO is essentially a mediation entity that upholds the international rules of trade among
nations. The organization provides a platform that allows member governments to negotiate and resolve
trade issues with other members. The WTO’s main focus is to provide open lines of communication
concerning trade among its members and attempts to mediate between nations in order to benefit the
global economy.

WIPO and WTO

WIPO expanded its role and further demonstrated the importance of intellectual property rights in
the management of globalized trade in 1996 by entering into a cooperation, agreement with the World
Trade Organization (WTO). It provides for co-operation concerning the implementation of the Trade
Related Aspects of Intellectual Property Rights (TRIPS) Agreement, such as notification of laws and
regulations and legal-technical assistance and technical co-operation among member states.

Mention should be made that WIPO, administers 26 treaties (three of those jointly with other
international organizations) and carries out a rich and varied program of work, through its member States
and secretariat that seeks to:

o harmonize national intellectual property legislation and procedures,

o provide services for international applications for industrial property rights,
o exchange intellectual property information,
o provide legal and technical assistance to develop other countries,
o facilitate the resolution of private intellectual property disputes, and
o Marshal information technology as a tool for storing, accessing, and using valuable intellectual
property information.

TRADE RELATED INTELLECTUAL PROPERTY SYSTEM (TRIPS) AGREEMENT

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. Its objectives include the reduction of distortions and impediments to international
trade, promotion of effective and adequate protection of intellectual property rights, and ensuring that
measures and procedures to enforce intellectual property rights do not themselves become barriers to
legitimate trade.

The TRIPS Agreement encompasses, in principle, all forms of intellectual property and aims at
harmonizing and strengthening standards of protection and providing for effective enforcement at both
national and international levels.

The TRIPS Agreement, which came into effect on 1 January 1995, is to date the most comprehensive
multilateral agreement on intellectual property. The areas of intellectual property that it covers are:
 o Copyright and related rights (i.e., the rights of performers, producers of sound recordings and
broadcasting organisations);
o Trademarks including service marks;
o Geographical indications including appellations of origin;
o Industrial designs;
o Patents including protection of new varieties of plants;
o The lay-out designs (topographies) of integrated circuits;
o The undisclosed information including trade secrets and test data.

Issues Covered under TRIPS Agreement

The TRIPS agreement broadly focuses on following issues:

 What basic principles of the trading system and other international intellectual property
agreements should be applied?
 How to give adequate protection to intellectual property rights.
 How countries should enforce those rights adequately in their own territories.
 How to settle disputes on intellectual property between members of the WTO.
 Special transitional agreements during the period when the new system is being introduced.

Features of the Agreement

The main three features of the TRIPS Agreement are as follows-

 Standards: The TRIPS Agreement sets out the minimum standards of protection to be provided
by each Member.
 Enforcement: The second main set of provisions deals with domestic procedures and remedies
for the enforcement of intellectual property rights. The Agreement lays down certain general
principles applicable to all IPR enforcement procedures.
 Dispute settlement: The Agreement makes disputes between WTO Members about the respect of
the TRIPS obligations subject to the WTO's dispute settlement procedures.

The TRIPS Agreement is a minimum standards agreement, which allows Members to provide more
extensive protection of intellectual property if they so wish. Members are left free to determine the
appropriate method of implementing the provisions of the Agreement within their own legal system and
practice.

LAWS RELATED TO IPR IN INDIA

Legal system provides certain rights and protections for owners of property. Rights and
protections for owners of intellectual property are based on federal patent, trademark and copyright laws
and state trade secret laws. In general, patents protect inventions of tangible things; copyrights protect
various forms of written and artistic expression; and trademarks protect a name or symbol that identifies
the source of goods or services

Objectives of Intellectual property Law

 Absolute protection
 Financial incentive
 Economic growth
 Increase monetary value
 Morality

In the year 1856 in India Patent Act was introduced which remained in force for more than 50 years
which was later modified and revised and was called “The Indian Patents and Designs Act, 1911”. A
complete bill on patent rights was enacted after Independence in the year 1970 and was called “The
Patents Act, 1970”.

The establishment of WTO and India also being signatory to the Agreement on Trade-Related
Aspects of Intellectual Property Rights (TRIPS), many new legislations were passed for the protection of
intellectual property rights to meet the obligations internationally.

These included the following: Designs Act, 1911 was changed by the Designs Act, 2000; Trade
Marks, called the Trade Mark Act, 1999; the Copyright Act, 1957 was revised number of times, the latest
is known as Copyright (Amendment) Act, 2012; and the recent amendments made to the Patents Act,
1970 in 2005. Other than this, plant varieties and geographical indications were also enacted in new
legislations. These are called Geographical Indications of Goods (Registration and Protection) Act, 1999,
and Protection of Plant Varieties and Farmers’ Rights Act, 2001 respectively.

IPR TOOL KIT

The IPR tool Kit comprise of the following

 Trade Mark
 Copy rights
 Patents
 Trade secrets

Trade Mark:

Trademarks include brand names, logos, slogans and even product shape colors and sounds. When
George Eastman came up with the name KODAK® for his camera in 1883, what he came with a
trademark

The strength of a trademark varies according to

 o Generic: name of product or service
o Descriptive: tells something about product or service directly
o Suggestive: suggest something about product or service indirectly
o Arbitrary: no relationship to product or service

Copy rights:

Copyright protects creative works like software code, website content, musical compositions, audio
recordings, movies, books, articles, diagrams and photos. With a Term of generally, 60 years after death
of author corporate authorship, 95 years from Publication years from creation, whichever expires first.

Patents:

A patent is a property right given by the government to an inventor that gives the inventor the
right to exclude others from making, using, offering for sale or selling the invention. In return for that
exclusive right, the inventor must disclose the invention to the public so that others can learn from it.

Term of patent is typically 20 years, but actual term varies depending upon country issuing patent.

Trade Secrets:

A trade secret is information that:

 Provides a business with a competitive advantage

 Treated in a way that can reasonably be expected to prevent the public or competitors from
learning about it, absent improper acquisition or theft

Examples: A formula for soft drinks, marketing strategies, Manufacturing Techniques, Computer
algorithms, Customer lists

PROTECTION OF INTELLECTUAL PROPERTY

In today's competitive world ‘Innovation’ is the main requirement for the survival of every
business. Identifying, developing, and using innovations provide a competitive edge to the business to aid
in its long-term success. There is a misnomer that Intellectual property is limited to technology
companies, However, the fact is that it is a necessity and is very much valuable for every business which
invests huge sums in its research and development programmes in order to create new and useful
indigenous products and services.

It is a well-known fact that an organization's success largely depends upon its Patent portfolio
apart from various other Intellectual Property assets, such as, designs, trademarks, and copyrights, thus,
every organization must ensure maximisation of its intellectual property portfolio.

The TRIPS Agreement provides for protection of various kinds of intellectual property rights and
ensure that adequate standards of protection exist in all member countries. The agreement was
implemented with the minimum standards for the protection of IPR and a time-frame has been specified
within which member countries are required to effect changes in their respective laws to meet the
requisite compliance standards. Thus, it has made way for the harmonization of Indian laws connected
with Intellectual Property Rights.

Intellectual properties rights in India are governed under the following Acts:

 Trade Marks Act, 1999

 The Patents Act, 1970 (amended in 2005)
 The Copyright Act, 1957
 The Designs Act, 2000
 The Geographical Indication of Goods (Registration and Protection) Act, 1999
 The Protection of Plant Varieties and Farmers Rights Act, 2001
 The Information Technology Act, 2000

REGULATION OF INTELLECTUAL PROPERTY

The twenty-first century witnessed the emergence of “Intellectual Capital” as a key wealth driver
of international trade between countries, thanks to rapid globalization and liberalization of economies.
Intellectual property rights have become an irreplaceable element of India’s business fraternity. India’s
consent of the WTO (World Trade Organization) agreement has paved the way for its compliance with
TRIPS (Trade Related Aspects of Intellectual Property Rights).

Intellectual property in India is regulated by several laws, rules and regulations under the jurisdiction
of different Ministries/ Departments. A number of authorities and offices administer the laws. The legal
provisions need to be implemented harmoniously so as to avoid conflict, overlap or inconsistencies
among them. It is necessary that the authorities concerned administer the laws in coordination with each
other in the interest of efficient administration and user satisfaction. Legal, technological, economic and
socio-cultural issues arise in different fields of IP which intersect with each other and need to bead
dressed and resolved by a general agreement in the best public interest. International, regional and
bilateral negotiations require developing a common national position in consultation with different
Ministries, authorities and stakeholders.

 The Controller General of Patents, Designs and Trade Marks (CGPDTM) under the Department of
Industrial Policy and Promotion, Ministry of Commerce and Industry is entrusted with the
responsibility of administering and regulating the laws relating to Patents, Designs, Trade Marks
and Geographical Indications within the territory of India. The CGPDTM presently functions
through Patent Offices at four locations Chennai, Delhi, Kolkata, Nagpur and Mumbai.
 Trademarks Offices at five locations Ahmadabad, Chennai, Delhi, Kolkata and Mumbai.
 Geographical Indications Registry at Chennai and a Designs Wing at Kolkata.
 Copy rights were administered by the Ministry of Human Resource Development.
  The Protection of Plant Varieties and Farmers’ Rights Act, 2001 is under the Ministry of
Agriculture.
 The Department of Information Technology is responsible for Semiconductor Integrated Circuits
Layout-designs.

COPYRIGHTS AND NEIGHBOURING RIGHTS

Copyright protects and covers all creations that are a product of the creative human mind,
irrespective of their form or merit and the audience that it was destined for. This form of protection is
immediate and requires no formal procedure is always required as long as the work is original.

Neighbouring rights, also known as rights neighbouring to/related to copyright form three
categories of people who are not technically authors of the work so creates and are performing artists,
producers of phonograms, and those that are involved in television, radio and broadcasting. Printing,
broadcasting, recording, performing, translating or adaptation can be reproduced by their respective
authors. Authors further own the right to financially exploit their work and prohibit unlawful uses of the
same by others.

Types of Neighbouring Rights

As previously mentioned, neighbouring rights have three categories. They are performer’s right,
recording rights and broadcasting rights.

Performers Rights are particularly designed to protect performers like the musicians and actors, in their
performances against unauthorised recording (rendering them illegal) or live transmission of their live
performances and to guarantee adequate control over and remuneration for the exploitation of recordings
of their performances. Consent is required from all performers that are involved irrespective of their
position, principal, lead or a supporting cast. Once such consent is given, it cannot be withdrawn. By law,
where a sound recording of a performance has been made with the consent of a performer, the
performer’s consent is further required for any communication to the public, copying or issuing of that
sound recording to public. Such rights can be enforced by the representatives of the performer after
his/her death.

Broadcasting rights, has proven to be most efficient and the quickest way to disseminate information to
the public at large. ‘Broadcasting Rights’ are those rights which have been duly conferred to broadcasting
organizations such as the television, radio or other telecasting programmes known as ‘rights of
broadcasting organizations. A live performance by a singer is the original performance and a person from
the audience records it and puts the audio on internet. Does this amount to broadcaster’s reproduction
rights? If yes, it will give great rights to broadcasting organisations to censor information under the
pretext of protecting copyright in the work.
As the producer of an event, the owner of the Copyright is the also the owner of all the rights and revenue
that are the output of organisation, creation and development of the event. This obviously includes media
and broadcasting rights related thereto. Only the Copyright owner has the right to grant to others, the right
to broadcast, communicate, make available and/or authorize the transmission, communication,
broadcasting or making available to the public, the event so produced.

For example, if A writes a song for T-series in exchange of the remuneration and royalties then, T-
series becomes the author and owner of the song, but A will still have few rights to protect his work with
respect to performing such song to the public at large although not being an author anymore. These rights
are called as "NEIGHBOURING RIGHTS" under copyright law, 1957.

INDUSTRIAL PROPERTY

Industrial property is one of two subsets of intellectual property (the other being copyright), it
takes a range of forms, including patents for inventions, industrial designs (aesthetic creations related to
the appearance of industrial products), trademarks, service marks, layout-designs of integrated circuits,
commercial names and designations, geographical indications of source etc. The purpose of industrial
property law is to protect inventions and industrial or commercial creative work. Industrial property has
become a key economic and strategic tool for any economic player. The broad application of the term
“industrial property” is set out in the Paris Convention.

Industrial property rights guarantee their holder a monopoly on exploitation. Patents are for
technical inventions, designs for aesthetic creations and trademarks or geographical indications for
distinctive signs.

Patent

A patent is a legal right to exclude others from practicing the patented invention for a limited
period of time in exchange for disclosing the details of the invention to the public.

What can be patented?

The United States Patent Law specifies the broad categories of what can be patented. Any useful,
new and non obvious process, machine, article that is made, or chemical composition, or improvement of
any of the above can be patented. Business methods and software can also be patented, but laws of nature
and abstract ideas cannot be patented.

Feature of Patent

 Invention must be “NEW”

 An invention must involved an “Invention Steps”-
Types of patents

There are three types of patents

Design Patent

It is to be granted to anyone who invents a new, original, and ornamental design for an article of
manufacture. Simple way External shape of the product

Examples:

Utility Patent:

May be granted to anyone who invents or discovers any new and useful process, machine, article
of manufacture, or composition of matter, or any new and useful improvement thereof

Examples: Manufacturing Process, Composition matters.

Plant Patent:

May be granted to anyone who invents or discovers and asexually reproduces any distinct and new
variety of plant

AGENCIES FOR IPR REGISTRATION

International IPR Agencies:
There are a number of international organizations and agencies that promote the use and protection of
intellectual property.
International Trademark Association (INTA)
 INTA is a not-for-profit international association composed chiefly of trademark owners and
practitioners.
 It is a global association of Trademark owners and professionals dedicated in supporting
trademarks and related IP in order to protect consumers and to promote fair and effective
commerce.
  More than 4000 (Present 6500 member) companies and law firms more than 150 (Present 190
countries) countries belong to INTA, together with others interested in promoting trademarks.
 INTA members have collectively contributed almost US $ 12 trillion to global GDP annually.
 INTA undertakes advocacy work throughout the world to advance trademarks and offers
educational programs and informational and legal resources of global interest.
 Its head quarter in New York City, INTA also has offices in Brussels, Shanghai and Washington
DC and representative in Geneva and Mumbai
World Intellectual Property Organization (WIPO)
 WIPO came into force on 26th April 1970, celebrated as Intellectual Property Day.
 It is a specialized agency of the United Nations whose purposes are to promote intellectual
property throughout the world
 It administers 26 treaties dealing with intellectual property.
 WIPO is one of the 17 specialized agencies of the United Nations.
United States Patent and Trademark Office (USPTO)
 The United States Patent and Trademark Office (USPTO or Office) is an agency of the U.S.
Department of Commerce.
 The role of the USPTO is to grant patents for the protection of inventions and to register
trademarks.
 It also advises and assists the President of the United States, the Secretary of Commerce, the
bureaus and offices of the Department of Commerce, and other agencies of the government in
matters involving all domestic and global aspects of “intellectual property.”
 In discharging its patent related duties, the USPTO examines applications and grants patents on
inventions when applicants are entitled to them.
 It publishes and disseminates patent information, records assignments of patents, maintains search
files of U.S. and foreign patents, and maintains a search room for public use in examining issued
patents and records.
 The Office supplies copies of patents and official records to the public.
 It provides training to practitioners as to requirements of the patent statutes and regulations.
 It publishes the Manual of Patent Examining Procedure to elucidate these. Similar functions are
performed relating to trademarks.
 The USPTO also disseminates patent and trademark information that promotes an understanding
of intellectual property protection and facilitates the development and sharing of new technologies
worldwide.
National IPR Agencies:

 The office of the Controller General of Patents, Designs and trademarks (CGPDTM), a
subordinate Office under The Department for Promotion of Industry and Internal Trade (DPIIT),
 carries out statutory functions related to grant of Patents and registration of Trademarks, Designs
and Geographical Indications.

 The registration of copyrights is administered by the Registrar of Copyright Office, working under
the CGPDTM. It functions out of offices situated in Delhi, Kolkata, Mumbai, Chennai and
Ahmadabad, while the Central IP Training Academy is at Nagpur.

 The appropriate office of the patent office shall be the head office of the patent office or the
branch office as the case may be within whose territorial limits of the residence of applicant.

The CGPDTM supervises the functioning of the following IP offices:

 The Patent Office (including the Design Wing) at Chennai, Delhi, Kolkata & Mumbai.

 The Patent Information System (PIS) and Rajiv Gandhi National Institute of Intellectual Property
Management (RGNIIPM) at Nagpur.

 The Trademarks Registry at Ahmadabad, Chennai, Delhi, Kolkata & Mumbai.

 The Geographical Indications Registry (GIR) at Chennai.

 The Copyright Office at Delhi.

 The Semiconductor Integrated Circuits Layout-Design Registry at Delhi.

TRADITIONAL KNOWLEDGE

Traditional knowledge (TK) is knowledge, know-how, skills and practices that are developed,
sustained and passed on from generation to generation within a community, often forming part of its
cultural or spiritual identity.

While there is not yet an accepted definition of TK at the international level, it can be said that:

TK in a general sense embraces the content of knowledge itself as well as traditional cultural
expressions, including distinctive signs and symbols associated with TK.

TK in the narrow sense refers to knowledge as such, in particular the knowledge resulting from
intellectual activity in a traditional context, and includes know-how, practices, skills, and innovations.
Traditional knowledge can be found in a wide variety of contexts, including: agricultural, scientific,
technical, ecological and medicinal knowledge as well as biodiversity-related knowledge.

Features of traditional knowledge

1) Generated within communities

2) Location and culture Specific
3) Not systematically documented
4) Oral and rural in nature
5) Concern critical issues of life
The Traditional Knowledge Digital Library

It is an Indian digital knowledge repository of the traditional knowledge, especially about

medicinal plants and formulations used in Indian systems of medicine

The Traditional Knowledge Digital Library (TKDL) project, initiated in India in 2001, is a
collaboration between the Council of Scientific and Industrial Research (CSIR), Ministry of Science and
Technology, and the Department of Ayurveda, Yoga and Naturopathy, Unani, Siddha and Homeopathy
(AYUSH), Ministry of Health and Family Welfare, of India.

In just under two years, in Europe alone, India has succeeded in bringing about the cancellation or
withdrawal of 36 applications to patent traditionally known medicinal formulations. The key to this
success has been its Traditional Knowledge Digital Library (TKDL), a database containing 34 million
pages of formatted information on some 2,260,000 medicinal formulations in multiple languages.
Designed as a tool to assist patent examiners of major intellectual property (IP) offices in carrying out
prior searches, the TKDL is a unique repository of India’s traditional medical wisdom. It bridges the
linguistic gap between traditional knowledge expressed in languages such as Sanskrit, Arabic, Persian,
Urdu and Tamil, and those used by patent examiners of major IP offices. India’s TKDL is proving a
powerful weapon in the country’s fight against erroneous patents, sometimes referred to as “bio-piracy”.

Traditional knowledge and intellectual property

Innovations based on TK may benefit from patent, trademark, and geographical indication
protection, or be protected as a trade secret or confidential information. However, traditional knowledge
as such - knowledge that has ancient roots and is often oral - is not protected by conventional intellectual
property (IP) systems.

The Need to Protect Traditional Knowledge

It is incredibly essential to preserve traditional knowledge, especially in these ever-changing
times. Protecting traditional knowledge can stop unauthorised, commercial misuse of this knowledge
base. If it remains unprotected, indigenous people who are responsible for bringing it to the forefront can
end up suffering huge losses, on an emotional as well as a financial level. By protecting traditional
knowledge, one can protect and preserve ancient practices.

Traditional knowledge in IPR is usually protected through two methods – positive protection and
defensive mechanism.

Positive protection

Positive protection is the act of providing traditional knowledge holders with the rights to take
necessary action and seek remedies against the misuse of the knowledge base. It involves the enactment
of specific rules and regulations and laws, as well as access to benefit-sharing provisions, royalty
payments, etc.
Defensive mechanism
Defensive mechanism, on the other hand, refers to the steps taken by traditional knowledge
owners to prevent the acquisition of their Intellectual Property rights. This knowledge protection method
helps traditional knowledge holders protect intellectual property rights that are illegitimately acquired by
third parties.
EMERGING AREAS OF IPR
 IP protection also plays a big role in new emerging technologies and start-ups that are quickly
integrating into the global economy. Marvin Caruthers, Inventor of Chemical Synthesis of DNA
testifies to the importance of IPR to biotechnology development saying that the biotechnology
industry would not exist without patents, and must have patents to protect its technology in order
to attract investors.
 Artificial intelligence is another emerging area focusing in IPR protection, used mostly in the tech
industry, producing new products and services every year. Artificial intelligence (AI) will redefine
how individuals think about daily life and start-ups will need to start using to maximum advantage
AI to get ahead. Many emerging industries, including e-commerce, automobile, pharmacy,
aeronautics etc., are driven by innovations and an effective intellectual property protection system.

LAYOUT DESIGN AND INTEGRATED CIRCUITS

Layout design is the process of arranging visual elements—like text, images, and shapes—on a
given page and important for any project that conveys a message through eye-catching visuals, like
magazine layouts, website design, and advertisements.
An integrated circuit (IC), sometimes called a chip, microchip or microelectronic circuit, is a
semiconductor wafer on which thousands or millions of tiny resistors, capacitors, diodes and transistors
are fabricated. An IC can function as an amplifier, oscillator, timer, counter, logic gate, computer
memory, microcontroller or microprocessor.
In modern technology, integrated circuits are essential elements for a wide range of electrical
products, including articles of everyday use, such as watches, television sets, washing machines, and cars,
as well as sophisticated computers, smart phones, and other digital devices. Developing innovative layout
designs of integrated circuits is essential for the production of ever-smaller digital devices with more
functions. While the creation of a new layout-design is usually the result of an enormous investment, both
in financial terms and in terms of the time required from highly qualified experts, the copying of such a
layout-design may cost only a fraction of the original investment. In order to prevent unauthorized
copying of layout designs and to provide incentives for investing in this field, the layout design
(topography) of integrated circuits is protected under its own kind of [sui generis] intellectual property
system.
 Semiconductor Integrated Circuits Layout-Design Registry (SICLDR) is the office where the
applications on Layout-Designs of integrated circuits are filed for registration of created IPR. The
jurisdiction of this Registry is whole of India. The Registry, as per the guidelines laid down in the
Semiconductor Integrated Circuits Layout Design (SICLD) Act 2000 and the Semiconductor Integrated
Circuits Layout-Design (SICLD) Rules 2001, examines the layout-designs of the Integrated Circuits and
issues the Registration Certificate to the original layout-designs of the Semiconductor Integrated Circuits.

USE OF INTELLECTUAL PROPERTY RIGHTS

While talking about protecting IPRs, it is first necessary to understand the importance of
registration. When an individual or an organization develops a new product, which involves a lot of
processes, content, resources etc., a lot of time and money is invested. It is natural for the inventor or
organization to have the expectation of being able to own exclusive rights over the invention, while
excluding others from benefiting from it.
There is no law that can stop one from duplicating and seeking financial benefits from someone
else's innovation if IP is not filed. Furthermore, it falls upon the owner to prove the ownership of the IP in
a court of law if the IP is unregistered. If a trademark remains unprotected, the court cannot help the
inventor, as it is not possible to claim ownership and/ or sue for infringement.
Intellectual property rights not only protect the ideas or concepts of business but also protect the
genuine business assets that are vital to the products and services.

Uses of IPR
 Innovative idea to earn profit. IP has a great potential to turn an innovation into services and
products which can be commercially profitable and viable.
 Export Business Opportunities. Intellectual property improves the productivity of a company in
the export market. The holder of the IP right may utilize these designs and logos to sell products
and services in the foreign countries. It may also attain a franchise arrangement with the abroad
corporation
 The ideas are encouraged by securing them. With the increasing competition in the market,
there are people who are always willing to copy the concept of others for availing the monetary
benefit and development in their business. Hence, the business Company and entrepreneurs should
protect their unique ideas and innovation.
 Competitive Edge over other alike Businesses. IP protection inevitably gives an ability to have
a competitive edge over other similar businesses in the market. This will make the companies with
the IP protection tension free because their business operation is secure because the same
businesses in the market won’t be able to copy, use or manufacture the same product.
 IP Helps in Enhancing the Company’s Value. Intellectual property helps in generating more
income for the business through the sale or licensing agreements of the invention.
  Enabling indirect revenues. Where a company protects its products or processes with IPRs, it
can derive revenues not only from direct marketing but also from licensing the IPRs to third
parties that manufacture and commercialise the products, in exchange for a fee or royalty.
 Promotion of culture. In the creative sectors, such as the publishing, music or film industries,
copyright enables authors, performers, producers and other creators to obtain an economic reward
in return for their creations and activities, which enrich cultural heritage, enhance cultural
diversity, and benefit society at large.

MISUSE OF INTELLECTUAL PROPERTY RIGHTS

If an Intellectual Property owner improperly uses the Intellectual Properties beyond its lawful
scope, the Intellectual property is consider to be improperly used or misused.

Patent misuse

At times, patent owner wrongfully uses the patent surpassing its legitimate scope. Patent misuse is
the unjustified use of the acquired patent rights.
Examples of patent misuse include illegal tying of products and services to the patented invention,
price fixing, fraudulently making the customers pay royalties on items the patent of which has expired,
and the like.

Copyright misuse

Copyright misuse occurs when a company or an individual makes unjustified use of a copyright
which is beyond its legal capacity and in violation of the Copyright Act of the concerned country. A
copyright owner could commit misuse by violating any public policy choices embodied in the Copyright
Act, such as by using a license agreement to extend the length of its copyright monopoly. Copyright
misuse can also occur when the assertion of copyright is aimed at suppressing speech.
Trademark misuse
It is a type of defence which claims that an owner of a particular trademark has misused their
trademark registration to strive to create an unfair monopoly of trademark rights.
Example: the word "organic" is now used to indicate the biological and natural origin of the products
concerned

Ways to Misuse IPR

 Monopoly pricing
 Restrictions on end users
 Territorial restraint
 Exclusive dealings
Reasons to Prevent Misuse of IPR

Article 31 of TRIPs provides for the grant of compulsory licenses, under a variety of situations, such as:

 The interest of public health

 National emergencies
 Nil or inadequate exploitation of the patent in the country
 Anti-competitive practices by the patentees or their assignees
 Overall national interest
 Prevention of monopoly

Methods to prevent misuse of IPR

There are generally two approaches that have been adopted to prevent IPR abuse

Compulsory Licensing:

A Compulsory licensing is when a government allows someone else to produce the patented product
or process without the consent of the patent owner.

 IP Law enforcement
 Imposing huge penalties
 Cancelation of licensing
 Imprisonment
 Banned from the doing business
Parallel Imports:
The term “parallel imports” (also known as “gray market goods”) refers to genuine branded goods
obtained from one market (i.e., a country or economic area) that are subsequently imported into another
market and sold there without the consent of the owner of the trademark.