INTELLECTUAL PROPERTY RIGHTS – UNIT I

Unit-I:
Intellectual Property-Meaning, Nature and Classification –Significance and need of
protection of Intellectual Property — Main forms of Intellectual Property :
Patents,Trademarks,Industrial designs, Geographical Indications of Goods, Copyright and
Neighbouring Rights-New forms of Intellectual Property: Plant Varieties Protection and
Biotechnology, GRTK, Layout Designs, Computer Programmes, Artificial Intelligence and
Intellectual Property.
Property Rights
A property can be owned by a person, company, government, charity etc etc.
Rights of the property include:
Right to use / Transfer / earn an income / destroy etc.
IPR is a right for the ownership of a property which is not tangible and is the result of your
intellect.
INTELLECTUAL PROPERTY{IP}: Intellectual property refers to creations of the mind. The
term intellectual property is used for intangible assets.
INTELLECTUAL PROPERTY RIGHTS{IPR}: refers to the legal ownership of intellectual
property by an individual or company for the purpose of protecting the owner against
unauthorized duplication or imitation of an invention, discovery, or set of related products
or methods. However, the duration, scope, and geographic reach of IPR are constrained.
 Patent
 Trademark
 Copy right
 Geographical indications
. IP are protected through copyrights, patents, trademarks,etc.
. To Protect Intellectual Property in India, one can apply to the authority concerned under
the Government of India for protection
. IPR enables the creator or owner to earn recognition or financial benefit by using their
creation or invention.
Law: Trademark Act 1999, The Patents (Amendment) Act 2005 effective from 1 st january
2005, Copyright Act 1957.
Why is IPR Important?
The importance of intellectual property was first recognized in the Paris Convention for the
Protection of Industrial Property (1883) and the Berne Convention for the Protection of
Literary and Artistic Works (1886). Both treaties are administered by the World Intellectual
Property Organization (WIPO).
· It helps authors, creators, developers and owners to get recognition for their works.

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· It incentivises (provides financial benefit to) inventors, authors, creators, etc., for their
work.
· It encourages creation of new, pathbreaking inventions, such as cancer cure medicines.
. It facilitates the transfer of technology in the form of foreign direct investment, joint
ventures and licensing.
NEEDS OF IPR
1. ENCOURAGES INNOVATIONS
2. ECONOMIC GROWTH
3. SAFEGUARD THE RIGHTS OF CREATORS
4. ENSURE EASE OF DOING BUSINESS
5. FACILITATES THE TRANSFER OF TECHNOLOGY

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TYPES
1.PATENT: A patent is an exclusive right granted by a government authority to an inventor to
manufacture, use, or sell an invention and prohibit others from making, using, or selling an
invention for a limited period of time.
· usually granted for inventions
. protects the scientific inventions (products and or process)
· The Government provides the exclusive 'right to exclude' all others and prevent them
from making, using, offering for sale, selling or importing the invention.
 Newton saw the apple fall and discovered gravity which is considered to be a
discovery.
 On the other hand, the father of telephone Alexander Graham Bell invented
telephone.
For an invention to be patentable,
 It must be new(Invention), i.e., it should not already exist (Discovery) in the current
knowledge anywhere in the world.
 It must be non-obvious to any person who is skilled in the relevant field of
technology. That is, the standard is a person reasonably skilled in such field of study
(Inventive Step).
 It must be capable of industrial application, i.e., capable being used or manufactured
in the industry .
What cannot be patented?
Scientific principles, method of agriculture or horticulture, method of treatment, traditional
knowledge, incremental inventions without increase in efficacy and inventions related to
atomic energy are some of the inventions not patentable under Sections 3 and 4 of the
Patents Act, 1970.
A patent grants exclusive rights to the inventor for a period of 20 years
2.DESIGNS: The protection of industrial design is important as it encourages creativity in the
industrial and manufacturing sectors and helps in the economic development of the nation.
INDUSTRIAL DESIGNS
Industrial design is a type of intellectual property right that gives the exclusive right to make,
sell, and use articles that embody the protected right, to selected people only.
Industrial Design are governed by the Design Act, 2000.
Industrial Design protection is provided for a shape, configuration, surface pattern, color, or
a combination of these.
As the competition in the market is increasing in today's scenario, the protection of Design is
a vital part as in many cases the design itself becomes the identity of a brand.

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The registered owner under the Design Act, 2000 can protect his design from any
unauthorized use of the same by third parties.
The industrial design is applied for wide variety of products of industry and handicraft such
as household goods, lighting equipment, electronic devices, textiles etc.
In some countries the industrial design is protected under patent law as "design patents"
and in other countries it needs be registered under the industrial design law as a "registered
design".
The rights related to the industrial design is provided for a limited period which varies from
country to country.
The registered owner of the Design can sell or license his right to any enterprise which will
then be a source of income for the owner of the Design.
If any person without the authorization of the registered owner uses the registered design,
then in that case the remedy available to the registered owner is to file a suit for recovery of
damages caused to him.
The industrial design makes the product more attractive and appealing to the customer
which will increase the brand name of that product.
Industrial design is considered as a business asset. popular designs will provide a high value
to a company and its product in the long-term profitability.
3. TRADEMARK: It is a symbol, word or words registered legally or established by use to
represent a company or product.
. Once brand name and brand mark is registered and legalized it becomes a trade mark.
. A Brand which is registered under "Trade and Merchandise Marks Act,1958" treated as a
Trade Mark
· A trade mark is a brand or part of a brand that is given legal protection.

. Protect seller's exclusive rights to use brand name or mark.

. All brand name or marks cannot be termed as trademarks.
. A trademark is any word, name, or symbol (or their combination) that lets us identify the
goods made by an individual, company, organization, etc.

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· A trademark helps in distinguishing similar products in the market from its competitors.
The registration of trademark is not mandatory under the Trademark Act 1999,
· but registration of trademark helps establish exclusive rights over the mark.
Trademark may be categorised as Conventional and Non Conventional trademark-
(i) Conventional Trademark: Words, colour combination, label, logo, packaging, shape of
goods, etc.
(ii) Non-Conventional Trademark: i.e., sound mark, dynamic mark, etc. Besides these, smell
and taste are also considered for protection as trademarks, in some parts of the world
4. GEOGRAPHICAL INDICATION: It is a name or sign used on products corresponding to a
specific geographical location or origin with specific qualities, reputation, or characteristics.
Geographical Indications refer to such Indications as distinguish a unique product on the of
its area of production.
For example,
Darjeeling -- Tea
Kohlapuri -- Chappal
Mysore -- Silk
Bikaneri -- Bhujia
Basmathi rice : Long grain aromatic (punjab, haryana, himachal pradesh, UP, uttarakhand,
J&K)
Main conditions of GI
1. Agricultural, Natural, Manufactured
2. Produced or Manufactured in a Special Area
3. Special features and Speciat Area
4. Products, .... But Certain Countries- Services
Registration Process of GI
1. Filing of Application
2. Inspection Officer, Objection- One Month
3. Registrar - Deeply Checking, Obj. - 2 Months
4. Publication in Journal
5. Opposition by Third Party
6. Certification of Registration

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7. Valid 10 Years, Renewal with fixed Fees-

5. COPYRIGHT: It is a legal right provided to creators to perform, print, publish, and record
literary, artistic, or musical materials for their use and distribution.
Copyright is the right to "not copy"
Grants legal rights to creators for their original works like writing, photograph, audio
recordings, video, sculptures, architectural works, computer software, and other creative
works like literary and artistic work.
The rights include
· right to copy (reproduce) a work,
· right to create derivative works based upon it,
. right to distribute copies of the work to the public,
. and right to publicly display or perform the work.
It prevents others from copying, using or selling the work.
What is protected under Copyright?
Literary work
Pamphlets, Brochures, Novels, Books, Poems, Song Lyrics,Computer Programme
Artistic work
Drawings, Paintings, Sculpture,Technical Drawings, Maps, Logos, Architectural Drawings,
Dramatic work
Including Dance or Mime, Screenplay, Musical Work, Sound Recording, Cinematographic
films.
The Copyright Act, 1957 (the 'Act') came into effect from January 1958.
The Act has been amended five times since then, i.e., in 1983, 1984, 1992, 1994, 1999 and
2012. https://copyright.gov.in/
Copyright and Neighbouring Rights
Licenses and Assignments
License
. Voluntary Licence (Section 30) - Granting of interest in the right by license.
. Compulsory License (Section 31) - For Orphan works or if the work is withheld from public.
Assignment - Copyright is transferred to another party on contractual basis. Different
transfers can be made for the same work, an author may permit her book to be made into a
play, merchandise, theme park etc. (J.K Rowling and Harry Potter)

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· Section 18 and 19 talk about assignment and mode of assignment respectively.

. Both Assignment and License could be for existing or future work
6. TRADE SECRETS: Trade secret refers to any confidential business information and may
include designs, drawings, plans, business strategies, R & D related information, etc.
7. THE PROTECTION OF PLANT VARIETIES AND FARMERS’ RIGHTS ACT: The Protection of
Plant Varieties and Farmers’ Rights Act, 2001 seeks to provide legal protection to plant
varieties, rights of farmers, and plant breeders and also encourages the development of new
plant varieties.

Patent Copyright Trademark

Subject of Patents may be granted in Original works of Any unique symbols
protection any field of technology for
authors and artists or words, that
inventions that are new ranging from books, identify and
and useful including a newmusic, paintings, distinguish the
product or an
sculpture to source of the goods
improvement of an
computer programs, of an enterprise
existing product or a new databases, from others
process of making a advertisements,
product. maps and technical
drawings
Requirements • Novelty Original creative Distinctive (capable
• Inventive step/ work Must be in of identifying the
Non-obviousness some tangible source of a
• Industrial medium particular good)
application

Term of 20 Years from the date of The life of the 10 years and can be
protection filing of application author plus 60 years renewed on
after death. payment of an
additional fee.

Rights Right to authorise the use Right to derive Right to exclusive

of patent by issuing financial reward use of trademark by
licence and through from the use of the owner or its
assignment work by others licensee
Right to exploit the patent Right to authorize or Right to assign
Right to surrender the prevent certain uses Right to seek legal
patent of the work, remedies against
Right against infringement prohibit infringement
reproduction of
work, prohibit
recording,
adaptation of the
work into a movie
etc.

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Moral right to claim

authorship of the
work

Registration Being a territorial right, a Copyright protection Trademarks can be

patent must be registered runs automatically registered or
in a country according to without the need for unregistered.
the procedure prescribed any registration The Trademark Law
by its Patent Law. formalities. offers protection for
However, a system both registered and
of voluntary non-registered
registration is trademarks.
established by most However, a
countries. registered
trademark provides
prima facie evidence
of its ownership.

What is intellectual property how does it differ from other forms of property why should it
be protected?
Intellectual property (IP) refers to creations of the mind, such as inventions, literary and
artistic works, symbols, images, and names used in commerce. IP differs from physical
property in that it is intangible and exists only in the form of ideas, concepts, and creative
expressions.
Types of Intellectual Property:
1. Patents: Protect inventions and innovations
2. Copyrights: Protect literary and artistic works (e.g., books, music, films)
3. Trademarks: Protect symbols, logos, and brand names
4. Trade Secrets: Protect confidential information (e.g., business methods, recipes)
5. Industrial Designs: Protect the appearance of products
Why should Intellectual Property be protected?
1. Encourages innovation and creativity
2. Rewards authors and inventors for their work
3. Protects investments in research and development
4. Prevents unauthorized use and misappropriation
5. Supports economic growth and competitiveness
6. Ensures public access to knowledge and culture

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7. Protects consumers from counterfeit and fake products

Protection of IP rights through laws, treaties, and international agreements:
1. Grants exclusive rights to creators and owners
2. Provides legal recourse for infringement
3. Facilitates licensing and collaboration
4. Enhances the value of IP assets
5. Supports technological progress and cultural development
In summary, intellectual property is a vital form of property that deserves protection to
foster innovation, creativity, and economic growth, while also safeguarding public interests
and cultural heritage.
WIPO
· Headquarters in Geneva, Switzerland
. 26th April - World Intellectual Property Day
Convention Establishing the World Intellectual Property
Organization entered into force on 26th April 1970.
. The World Intellectual Property Organization is one of the 15 specialized agencies of the
United Nations (UN). WIPO was created in 1967 "to encourage creative activity, to promote
the protection of intellectual property throughout the world".
scientific discoveries,
Definition of IPR
WIPO convention, Stockholm, 1967 Defines IPR in Article 2(viii)
"intellectual property" shall include the rights relating to:
1. literary, artistic and scientific works,
2. performances of performing artists, phonograms, and broadcasts,
3. inventions in all fields of human endeavour,
4.scientific discoveries
5. industrial designs,
6. trademarks, service marks, and commercial names and designations,
7. protection against unfair competition,
and all other rights resulting from intellectual activity in the industrial, scientific, literary or
artistic fields.

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Explain the structure, powers and functions of the WIPO?

The World Intellectual Property Organization (WIPO) is a specialized agency of the United
Nations responsible for promoting the protection of intellectual property (IP) worldwide.
Here's an overview of its structure, powers, and functions:
Structure:
1. General Assembly: WIPO's supreme governing body, comprising representatives from
member states.
2. Conference: A gathering of member states to discuss specific issues.
3. Executive Committee: A smaller group of member states that assists the General
Assembly.
4. Secretariat: WIPO's administrative organ, headed by the Director General.
5. International Bureaus: Located in Geneva, Switzerland, and other cities, these bureaus
provide technical assistance and support.
Powers:
1. Setting international IP standards and norms.
2. Administering treaties and agreements.
3. Providing legal and technical assistance to member states.
4. Promoting IP awareness and education.
5. Resolving IP disputes through arbitration and mediation.
Functions:
1. Developing and promoting IP laws and policies.
2. Registering and maintaining international IP rights (patents, trademarks, designs,
copyrights).
3. Providing IP-related services (search and examination, patent information).
4. Supporting technology transfer and innovation.
5. Encouraging cooperation among member states.
6. Resolving IP disputes and enforcing IP rights.
7. Organizing international events and conferences.

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8. Publishing IP-related publications and resources.

WIPO's powers and functions aim to:
- Harmonize IP laws and practices globally.
- Protect IP rights worldwide.
- Foster innovation, creativity, and economic development.
- Support small and medium-sized enterprises (SMEs) and developing countries.
One of WIPO's key functions is to provide legal and technical assistance to member states,
particularly developing countries, to help them build their IP capacity and infrastructure.
This includes providing training and education programs, supporting the development of IP
laws and policies, and offering technical assistance in the areas of patent examination,
trademark registration, and copyright protection.
WIPO also plays a crucial role in promoting IP awareness and education, both among the
general public and among specific stakeholders such as inventors, creators, and
entrepreneurs. The organization recognizes the importance of IP in driving innovation and
economic development and seeks to promote a better understanding of IP rights and their
benefits.
In addition, WIPO provides a range of services aimed at supporting innovation and creativity,
including the Patent Cooperation Treaty (PCT) system, which allows inventors and businesses
to seek patent protection in multiple countries through a single application. The organization
also maintains a range of IP databases and resources, including the WIPO Lex database of IP
laws and treaties and the WIPO Pearl database of patent information.
In conclusion, WIPO's structure, powers, and functions are all focused on promoting the
protection of intellectual property worldwide. Through its various activities and services,
WIPO plays a vital role in supporting innovation, creativity, and economic development,
while also promoting a balanced and effective international IP system that benefits all
stakeholders.
CASELAWS:
1. United States v. China (2010): WIPO arbitration panel ruled that China's copyright laws
violated WTO obligations, leading to increased protection for US copyrights in China.
2. Microsoft v. AT&T (2007): US Supreme Court ruled that Microsoft's software patents
could not be enforced in China, highlighting international patent law complexities.
3. EPO v. WIPO (2017): European Patent Office (EPO) and WIPO resolved a dispute over
patent applications, clarifying the roles of international and regional patent organizations.
4. Google v. Oracle (2020): US Supreme Court ruled on copyright protection for software
interfaces, impacting international software development and licensing practices.

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5. Philips v. Taiwan (2018): WIPO arbitration panel ruled that Taiwan's patent office had
wrongly revoked Philips' patent, highlighting the importance of fair patent office procedures.
6. Cipla v. Roche (2018): Indian Supreme Court ruled on patent infringement and
compulsory licensing, impacting global pharmaceutical industry practices.
7. Apple v. Samsung (2012): US court ruled on design patent infringement, leading to
increased international focus on design patent protection.
8. Novartis v. India (2013): Indian Supreme Court rejected Novartis' patent application,
highlighting debates on patentability and public health.
9. WTO v. China (2009): World Trade Organization (WTO) ruled that China's intellectual
property laws violated WTO obligations, leading to increased protection for foreign rights
holders.
10. Bayer v. Union of India (2019): Indian court ruled on patent infringement and
compulsory licensing, impacting global pharmaceutical industry practices.
TRIPS Agreement
. Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)
. Effective from 1ST January 1995
. All WTO members are Parties to TRIPS Agreement
. TRIPS agreement was negotiated at the Uruguay Round of GATT (Authority before WTO)
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.
Explain the salient features of the TRIPS agreement.*
The TRIPS Agreement has several key features that aim to strike a balance between
intellectual property protection and public interests:
1. Minimum standards: TRIPS sets minimum standards for intellectual property protection
that member countries must implement, ensuring a baseline level of protection for
intellectual property rights.
2. Intellectual property rights: TRIPS covers a range of intellectual property rights, including
patents, copyrights, trademarks, geographical indications, industrial designs, and trade
secrets, providing a comprehensive framework for protection.
3. National treatment: The agreement ensures that member countries treat foreign
intellectual property owners equally to their own nationals, promoting fair treatment and
non-discrimination.

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4. Most-favored-nation treatment: Member countries must extend the same treatment to

intellectual property owners from other member countries as they do to those from the
country receiving the most favorable treatment, promoting consistency and fairness.
5. Protection of public health: TRIPS allows member countries to take measures to protect
public health, such as compulsory licensing and parallel imports, enabling access to essential
medicines and healthcare.
6. Protection of traditional knowledge: The agreement recognizes the importance of
traditional knowledge and folklore, encouraging member countries to protect and preserve
cultural heritage.
7. Dispute settlement: TRIPS has a dispute settlement mechanism to resolve disputes
between member countries, providing a framework for resolving intellectual property-
related disputes.
8. Flexibilities: The agreement allows member countries some flexibility in implementing
intellectual property laws, such as exceptions for national emergencies, non-commercial use,
and other public interests.
9. Transitional periods: TRIPS provides transitional periods for member countries to
implement the agreement's provisions, allowing time for adaptation and development.
10. Review and revision: The agreement is subject to review and revision to ensure it
remains effective and relevant, enabling adaptations to address emerging issues and
challenges.
These features aim to strike a balance between intellectual property protection, public
interests, and economic development, promoting a fair and equitable global intellectual
property system.
CASELAWS
1. Novartis v. Union of India (2013): The Supreme Court of India upheld the country's patent
law, which rejected Novartis' patent application for a cancer drug, citing public health
concerns.
2. Bayer v. Union of India (2014): The Delhi High Court allowed compulsory licensing of
Bayer's patent for a cancer drug, Nexavar, to Natco Pharma, citing public health concerns.
3. Pfizer v. Union of India (2015): The Delhi High Court rejected Pfizer's plea to restrain the
sale of a generic version of its drug, Lyrica, citing TRIPS flexibilities.
4. Merck v. Union of India (2016): The Delhi High Court allowed the sale of a generic version
of Merck's drug, Januvia, citing public health concerns.
5. Eli Lilly v. Union of India (2017): The Supreme Court of India rejected Eli Lilly's plea to
restrain the sale of a generic version of its drug, Alimta, citing TRIPS flexibilities.
Indian Legislation of IPR

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· Patent act, 2005

. Trademarks Act, 1999
. Copyright (Amendment) Act, 2012
· The Designs Act, 2000
. The Geographical Indications of Goods (Registration and Protection) Act, 1999
. The Protection of Plant Varieties and Farmers Rights Act, 2001
· The Semi Conductor Integrated Circuits Layout Design Act, 2000
Genetic Resources Related to Traditional Knowledge (GRTK)
 GRs are defined in the Convention on Biological Diversity.
 they are parts of biological materials that:
• contain the genetic information of value, and
• are capable of reproducing or being reproduced.
 Examples include material of plant, animal, or microbial origin, such as medicinal
plants, agricultural crops, and animal breeds.
 It refers to the biological materials and the associated knowledge of indigenous and
local communities that have been developed over generations through their
interaction with nature.
 GRTK is often considered as a valuable source of innovation and biodiversity
conservation, but also as a potential subject of misappropriation and exploitation by
others.
 Article 15 of the Convention on Biological Diversity (CBD) is about access to genetic
resources and benefit-sharing.
 It recognizes the sovereign rights of States over their natural resources, and
the authority of national governments to determine access to genetic resources.
 It also requires that access to genetic resources is based on prior informed
consent and mutually agreed terms, and that the benefits arising from the use of
genetic resources are shared in a fair and equitable way with the provider country.
What is Layout Design?
Layout of transistors and other circuit elements, including lead wires connecting such
elements and expressed in any manner in a semiconductor integrated circuit (IC).
· Circuit layouts are the layout designs or plans (topographies) of integrated circuits used in
computer-generated equipment.
· They are sometimes referred to as computer chip or semi-conductor chip designs.

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. A circuit layout is a two-dimensional representation of the three-dimensional location of

electronic components in an integrated circuit.
. Circuit layouts are usually highly complex and the intellectual effort in creating them is
considerable and may be of great value.
· An integrated circuit or chip made from a layout is vital in all kinds of electronic devices,
from pacemakers to personal computers.

Why to protect?
. IC Layouts are creations of human mind;
. There is lot of investment of time and money in the creation but copying is very cheap;
. Fertile area with new circuit designs made every day to cater for miniaturization and novel
applications.
Protection is against ...
. Act of reproducing a layout design fully or in parts;
· Importing, selling or distributing commercially a protected layout design or IC incorporating
it.
But identical design created independently by third party is not prohibited.(practically never
happens)
Original Computer Programmes
For copyright to subsist in a computer programme, the computer programme must be
'original' and 'recorded' in writing or otherwise. The computer programme does not need to
be novel or exceptional in any way for the criterion of originality to apply, nor is it a
burdensome one. It simply indicates that the programme is the author's original creation
and that a minimal amount of talent, labour, or effort went into creating it.
The definition of "computer programme" in the Copyright Act, 1957, makes it clear that the
programme must contain a set of instructions expressed in words, codes, schemes or in any
other form including a machine readable medium.
Further, a computer database, stored on tape, disk or by other electronic means be a
compilation and capable of protection as a literary work. The protection depends on
whether it satisfies the requirement of originality.
In Express Newspapers plc v. Liverpool Daily Post & Echo plc, random numbers selected by
computer for a newspaper competition called 'Millionaire of the Month' were held to be
protected by copyright.
The court rejected the argument that as there was no human author and therefore the lists
of numbers drawn by the computer could not be protected by copyright. The court held that

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the human expertise in computer-derived works could be found to reside in the programmes
which produced the lists of random numbers.
Software Copyright Protection
The programmer(s) invest time and effort in developing a software. As the main purpose of
software is to make process easy, therefore it is important to value the creation and protect
such software in the name of the owner of the work.
Section 2(ffc) of the Copyright Act 1957 which defines "computer programme" as "a set of
instructions expressed in words, codes, schemes or in any other form, including a machine
readable medium, capable of causing a computer to perform a particular task or achieve a
particular result", read with section
2(o) of the Copyright Act 1957 which defines "literary works" includes computer
programmes, tables and compilations including computer databases.", protects software or
computer programmes as "Software work" under "Literary works" as per the Copyright law
of India.
Copyright protects the expression of the author and therefore the copyright in software will
protect the creativity in the code functions that software performs in the computer. Where
an application for software is filed with the copyright office, the applicant is also required to
provide the copy of the source code and object code, which is the protected expression of
the applicant.
In order to claim patent for a software work, one must show the following important
determining factors:
· The invention must consist of patentable subject matter;
. The invention must be capable of industrial application;
· It must be new (novel);
. It must involve an inventive step (be non-obvious); and
. The disclosure of the invention in the patent application must meet certain formal and
substantive standards.
Further, since Patents Act 1970 includes computer programmes under the list of non-
patentable subject matter, therefore in order to make the
software patentable then the following parameters are to be ensured:
· INVENTION: Invention is related to computer where software is essential and gives a
technical effect; AND
. SOMETHING MORE: That the invention is more than mere technical effect by software, i.e.
there is a tangible element which interacts with
the software and thus making the set of software and tangible element a sottware.

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Software or computer programmes are mainly copyright subject matter, however, if the
conditions for patentability are satisfied then the computer programme may be protected as
Patents. Even though, Patent gives better protection over the use of the work, however,
copyright is the first right of the software, which is automatic once the work is created.
Unless, the owner is able to satisfy the conditions of patent, the software so created (if
original creation) will be protected under the Copyright laws.

What is Al?
· Not Skynet
. Al / Artificial Neural Networks (ANN)
· Artificial intelligence, by detecting defined inputs and observing defined outputs, is able to,
after sufficient inputs and outputs:
(1) characterize detected inputs
(2) predict outputs
More broadly, in combination with programming, those predicted outputs are used to offer
more (and likely-better) alternative(s), or to organize and present other selected data. This is
one way to view an Artificial Neural Network (aka "neural network").
Patent Eligibility
Motivating policy question: Can Al technologies be effectively patented?
The Supreme Court has identified 3 categories of subject matter that are "judicial
exceptions" for patent eligibility: laws of nature, natural phenomena, and abstract ideas.

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What is meant by geographical indications of goods explain the procedure for registration
of geographical indication ?
Geographical Indications (GIs) are signs used to identify goods originating from a specific
geographic location, possessing unique qualities or reputation due to their place of origin.
GIs protect the names of regional products, ensuring authenticity and preventing
misrepresentation.
Registration Procedure for Geographical Indications:
1. Application: The applicant (producer, association, or authority) submits an application to
the appropriate national or regional office, depending on the jurisdiction.
2. Examination: The application is examined to ensure the GI meets legal requirements,
including:
- Distinctiveness
- Geographical connection
- Reputation or quality attributes
- Homogeneity (uniformity)
3. Publication: The application is published in an official gazette or journal to allow
opposition from third parties.
4. Opposition: Interested parties may file opposition within a specified timeframe (usually 3-
6 months).
5. Hearing: If opposition is filed, a hearing is conducted to resolve the matter.
6. Registration: If no opposition is filed or opposition is resolved in favor of the applicant,
the GI is registere.
7. Certification: A certificate of registration is issued, confirming the GI's protection.
8. Renewal: Registration is typically valid for a specific period (e.g., 10 years), requiring
renewal to maintain protection.
9. Monitoring: The GI owner or authorized entity monitors the market for unauthorized use
and enforces rights through legal action if necessary.

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Eligible Goods for GI Protection:

- Agricultural products (e.g., wines, cheeses, spices)
- Foodstuffs (e.g., chocolates, coffee, tea)
- Beverages (e.g., whiskey, rum, beer)
- Handicrafts (e.g., textiles, carpets, pottery)
- Industrial products (e.g., ceramics, glassware, cutlery)
Benefits of GI Registration:
- Legal protection and exclusive rights
- Prevention of misrepresentation and counterfeiting
- Enhanced marketability and reputation
- Increased value and price premium
- Protection of cultural heritage and traditional knowledge
In summary, the registration procedure for geographical indications involves application,
examination, publication, opposition, hearing, registration, certification, renewal, and
monitoring, ensuring the protection of unique regional products and their associated
qualities.

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1. Champagne case (2006): The Champagne Association, a French organization, filed a

lawsuit against the Indian company, Shahbaz Ahmed & Co., for using the name
"Champagne" on their sparkling wine labels. The Delhi High Court ruled in favor of the
Champagne Association, recognizing "Champagne" as a GI and restraining the Indian
company from using the name.
2. Darjeeling Tea case (2012): The Tea Board of India, the owner of the "Darjeeling" GI, filed
a lawsuit against a UK-based company, Taylors of Harrogate, for using the name "Darjeeling"
on their tea packets. The UK High Court ruled in favor of the Tea Board, recognizing
"Darjeeling" as a GI and restraining the UK company from using the name.
3. Basmati Rice case (2019): The Agricultural and Processed Food Products Export
Development Authority (APEDA), the owner of the "Basmati" GI, filed a lawsuit against a US-
based company, Texmati, for using the name "Basmati" on their rice packets. The US District
Court ruled in favor of APEDA, recognizing "Basmati" as a GI and restraining Texmati from
using the name.

plant variety protection

What is Plant Variety Protection?
Plant variety protection (PVP) is a form of intellectual property right that protects new,
distinct, stable, and uniform plant varieties.
It grants exclusive rights to breeders to commercialize and reproduce their protected
varieties.
International Framework:
The International Union for the Protection of New Varieties of Plants (UPOV) sets global
standards for PVP.
The World Intellectual Property Organization (WIPO) also provides a framework for PVP.
Key Features:
Novelty: The plant variety must be new and not have been sold or otherwise disposed of
before the filing date of the application.
Distinctness: The plant variety must be clearly distinguishable from existing varieties.
Stability: The plant variety must remain stable and retain its characteristics over
generations.
Uniformity: The plant variety must be uniform and consistent in its characteristics.
Types of Protection:
Breeders' Right: Exclusive rights granted to breeders to commercialize and reproduce their
protected varieties.

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Certificate of Protection: Issued to breeders, it confirms the protection of their plant variety.

Benefits:
Encourages innovation and investment in plant breeding
Protects breeders' intellectual property
Ensures quality and uniformity of plant varieties
Supports sustainable agriculture and food security
Challenges:
Balancing intellectual property rights with public interest and access to genetic resources
Ensuring effective enforcement and compliance with PVP laws
Addressing concerns of farmers, breeders, and industry stakeholders
Examples:
Patent protection for genetically modified organisms (GMOs)
Plant breeders' rights for new crop varieties
- Geographical indications for traditional plant varieties

1. Bayer CropScience v. Union of India (2009): Bayer CropScience, a German multinational,

filed a lawsuit against the Indian government, challenging the rejection of its patent
application for a genetically modified cotton variety. The court ruled in favor of Bayer,
recognizing the patentability of genetically modified organisms (GMOs) and setting a
precedent for plant variety protection in India.
2. Pioneer Hi-Bred International v. National Seed Association of India (2012): Pioneer Hi-
Bred International, a US-based seed company, filed a lawsuit against the National Seed
Association of India, alleging infringement of its plant variety rights for a specific hybrid
maize variety. The court ruled in favor of Pioneer, recognizing the validity of plant variety
protection and ordering the defendants to cease infringement.

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