Intellectual Property Rights

Unit 1
INTRODUCTION:
Intellectual Property (IP) deals with any basic construction of human intelligence like artistic,
literary, technical or scientific constructions. property Rights (IPR) refers to the legal rights granted
to the inventor or manufacturer to guard their invention or manufacture product.
These legal rights confer prerogative on the inventor/manufacturer or its operator who makes full
use of it’s his invention/product for a limited period of your time .
In other words, we will say that the legal rights prohibit all others from using the property for
commercial purposes without the prior consent of the IP rights holder. IP rights include trade
secrets, utility models, patents, trademarks, geographical indications, industrial design, layout
design of integrated circuits, copyright and related rights, and new sorts of plants. it's alright settled
that IP plays a crucial role within the modern economy

MEANING OF INTELLECTUAL PROPERTY:

Intellectual Property are often defined as inventions of the mind, innovations, literary and artistic
work, symbols, names and pictures utilized in commerce. the target of property protection is to
encourage the creativity of the human mind for the advantage of all and to make sure that the
advantages arising from exploiting a creation benefit the creator. this may encourage creation and
provides investors an inexpensive return on their investment in research and development. IPR
empowers individuals, enterprises, or other entities to exclude others from the utilization of their
creations. property empowers individuals, enterprises, or other entities to exclude others from the
utilization of their creations without their consent.
Nature:

1. Exclusivity: IPR grants the holder exclusive rights to use, produce, sell, and distribute their
creation or invention. This means others cannot legally exploit the protected intellectual
property without the holder's permission.

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 2. Intangible Assets: Unlike physical property, intellectual property is intangible. It consists
of ideas, inventions, artistic works, designs, symbols, names, and images. Despite its
intangible nature, it holds value and can be traded or licensed.
3. Time-Limited: Most IPR protections are granted for a limited period. For example, patents
typically last 20 years from the filing date, while copyrights can last for the life of the author
plus a certain number of years (e.g., 70 years in many jurisdictions). After this period, the
intellectual property may enter the public domain.
4. Territoriality: IPR is typically protected on a territorial basis, meaning rights are granted
by specific countries or regions and are enforceable only within those jurisdictions.
Therefore, inventors and creators must seek protection in each country where they wish to
have exclusive rights.
5. Transferability: IPR can be transferred, sold, or licensed to others. The original holder can
grant others the right to use the intellectual property under specified conditions, often in
exchange for payment (royalties).
6. Subject to Legal Frameworks: The protection, enforcement, and limitations of IPR are
governed by laws and regulations that vary by country. These legal frameworks define the
scope of rights, the processes for obtaining protection, and the mechanisms for enforcing
those rights.
7. Encourages Innovation and Creativity: The primary purpose of IPR is to incentivize
innovation and creativity by allowing creators to benefit financially from their work. By
providing a period of exclusivity, IPR encourages investment in research and development,
leading to technological advancements and cultural enrichment.
8. Economic and Moral Rights: IPR encompasses both economic and moral rights.
Economic rights allow creators to profit from their work, while moral rights protect the
personal and reputational relationship between the creator and their work, such as the right
to attribution and the right to object to derogatory treatment of the work.

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Significant and important of IPR

The significance of Intellectual Property Rights (IPR) lies in their crucial role in fostering
innovation, creativity, and economic growth. Here are several key reasons why IPR is important:

1. Encourages Innovation and Creativity: By granting creators and inventors exclusive

rights to their creations, IPR provides a financial incentive for individuals and organizations
to invest in research and development. This exclusivity allows them to potentially reap
financial rewards from their innovations, encouraging further creative and innovative
endeavors.
2. Economic Growth and Competitiveness: IPR is a critical driver of economic growth. It
enables businesses to protect their innovations, differentiate their products, and maintain a
competitive edge in the market. The ability to commercialize and license intellectual
property generates revenue, creates jobs, and stimulates economic activity.
3. Attracts Investment: Strong IPR protection is attractive to investors and companies
looking to enter new markets. Investors are more likely to fund projects if they are confident
that the underlying intellectual property is protected, reducing the risk of copying or
infringement.
4. Promotes Knowledge Sharing: IPR, particularly in the form of patents, requires public
disclosure of the protected invention. This disclosure contributes to the body of knowledge
available to the public, allowing others to learn from and build upon existing innovations.
While inventors benefit from temporary exclusivity, society gains access to new knowledge
that can spur further innovation.
5. Protects Consumers and Ensures Quality: Trademarks, a form of IPR, help consumers
identify and differentiate between products and services. They assure consumers of the
quality and origin of the goods they purchase, fostering trust and loyalty. Copyrights also
protect consumers by ensuring that they receive authentic and original works.
6. Safeguards Cultural Heritage: Copyrights and related rights protect artistic and cultural
expressions, ensuring that creators are recognized and rewarded for their contributions.
This protection helps preserve cultural heritage and encourages the production of new
artistic works.

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 7. Legal Framework for Dispute Resolution: IPR provides a structured legal framework for
resolving disputes over the use and ownership of intellectual property. This framework
helps prevent unauthorized use, counterfeiting, and infringement, providing legal recourse
for rights holders.
8. Facilitates Technology Transfer and Collaboration: IPR enables the licensing and
transfer of technology, allowing companies and countries to access and use new
technologies and innovations. This transfer can lead to collaboration, further innovation,
and the dissemination of new products and services worldwide.

9. Supports Public Health and Safety: Patents in the pharmaceutical and biotechnology
industries incentivize the development of new drugs and medical technologies. While
patents provide exclusive rights, they also eventually allow generics and other companies
to produce affordable versions, contributing to public health and safety.
10. Protects Business Interests: Trade secrets and confidential information are vital for
businesses to maintain their competitive advantage. IPR protections help safeguard this
sensitive information, preventing competitors from unfairly gaining access to it

GENERAL PRINCIPLES PROPERTY RIGHTS OF INTELLECTUAL

The general principle in IP law is: the creator of intellectual property is considered to be the owner
of it. The effect of this principle can be significant: unless the commissioner and the creator of a
work or invention agreed otherwise in writing, the author or inventor can prohibit all use of it.
Following are the principles of Intellectual right:

1. Economic Principles: The principle of economics is intellectual rights derived from creative
activities a willingness of human thought expressed in various forms that will give benefits
to the owner concerned.
2. Principles of Justice: The principle of justice is in creating a work or a person who works
produces a result of intellectual abilities in science, art, and literature that will get protection
in their owners.

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 3. Principles of Culture: The principle of culture, namely the development of science,
literature, and art to improve human life
4. Social Principles: The social principle (regulating human interests as citizens), means that
rights recognized by law and given to individuals constitute a unity so protection is
provided based on the balance of individual and community interests.
5. Recognition of Innovation and Creativity: IPR recognizes and protects the efforts of
creators, inventors, and artists, ensuring they have control over the use of their work.
6. Exclusive Rights: IPR grants exclusive rights to creators, allowing them to use, sell, license,
or distribute their creations. This exclusivity helps protect against unauthorized use.
7. Territoriality: IPR protection is generally territorial, meaning rights are only enforceable in
the country where they are granted, though international treaties provide some cross-border
protections.
8. Balance of Interests: IPR aims to balance the interests of creators with public access. This
includes limiting the duration of certain rights and allowing exceptions for fair use.
9. Encouragement of Innovation and Investment: By offering exclusive rights, IPR motivates
individuals and companies to invest in research, development, and innovation, as they can
recoup their investment.
10. Transferability: IPR allows the transfer of rights through sales, licensing, or inheritance,
enabling creators to monetize their work or pass rights on.
11. Time-Bound: Some IPRs, like patents and copyrights, are time-bound, after which the work
enters the public domain, allowing society to benefit from it freely.
12. Global Harmonization: Through international agreements, like the TRIPS Agreement
(Trade-Related Aspects of Intellectual Property Rights), countries aim to standardize IPR
protections globally, though variations still exist.

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 Unit 2

WHAT IS COPYRIGHT

Copyright is a type of intellectual property right. Authors who have original works such as works
of literature (including computer programs, tables, collections, computer datasets, expressed in
words, codes, schemes, or in any other context, along with a device readable medium), dramatic,
musical, and artistic works, cinematographic films, and audio recordings are all awarded copyright
safeguards under Indian law. Instead of protecting the ideas themselves, Copyright Law safeguards
manifestations of ideas. Literary works, theatrical works, musical works, creative works,
cinematographic films, and sound recordings all have copyright protection under Section 13 of the
Copyright Act of 1957. For instance, the Act protects literary works such as books and computer
programs.

The term "copyright" refers to a collection of exclusive rights that Section 14 of the Act grants to
the owner of the copyright. Only the copyright owner or another person who has permission to do
so from the copyright owner may exercise these rights. These rights include the ability to adapt,
reproduce, publish, translate, and communicate with the public, among other things. Copyright
registration just establishes an entry for the work in the Copyright Register kept by the Registrar
of Copyrights and does not grant any rights.

Types of copyright

• Moral Right
1. Right of paternity

To claim authorship of work and to prevent all others from claiming authorship of his work.This
is the right of the creator to be identified and recognized as the author of their work.

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Purpose: It ensures that the creator’s name is associated with their work, allowing them to claim
authorship and gain recognition.

Protection: This right prevents others from attributing the creator’s work to someone else and is
also intended to guard against unauthorized use that could diminish the creator’s reputation.

Example: If an artist creates a painting, they have the right to have their name displayed with it
wherever it is shown or sold. If someone else claims they created the painting, this would violate
the artist’s right of paternity.

2. Right of integrity

To prevent distortion, mutilation or other alterations of his work, or any other action in relation to
said work, which would be prejudicial to his honor or reputation. This is the right of the creator to
prevent any distortion, mutilation, or modification of their work that could harm their honor or
reputation.

Purpose: It ensures that the creator’s work remains true to its original form and protects against
alterations that could misrepresent the creator’s intent or message.

Protection: The right of integrity protects the work from being changed, defaced, or used in a
manner that the creator finds offensive or damaging to their reputation.

Example: If a filmmaker’s movie is altered by adding scenes or censoring parts in a way that
changes the story or meaning, this could violate the filmmaker’s right of integrity.

• Economic right
1. To Produce Copies or Reproductions of the Work and to Sell Those Copies: The copyright
owner has the exclusive right to make copies of their work, whether physical (like books)
or electronic (like digital files). This includes the right to distribute or sell these copies to
others. Example: A book author can print copies of their book and sell them, either
physically or as e-books. No one else can legally reproduce and sell the book without
permission from the author.

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 2. To Import or Export the Work: The copyright owner controls the right to import or export
copies of their work. This prevents unauthorized distribution in different countries and
ensures that the work is sold or shared as intended by the creator. Example: A music
producer has the right to control where their music CDs or digital downloads are sold
internationally, preventing unauthorized copies from being imported or exported.
3. To Create Derivative Works: The copyright holder has the exclusive right to create
adaptations or modifications of their original work, known as derivative works. This can
include translations, film adaptations, sequels, or any other form that builds upon the
original. Example: A novel can be adapted into a movie, but only with the author’s
permission. Similarly, if someone wants to translate the book into another language, they
need authorization from the copyright owner.
4. To Perform or Display the Work Publicly: The copyright holder has the right to present
their work publicly, whether through live performances, broadcasts, or displays. This
ensures that the creator benefits from any public use or exhibition of their work.Example:
A playwright has the exclusive right to authorize public performances of their play.
Similarly, a photographer can control whether their photograph is displayed publicly in
exhibitions or online galleries.
5. To Sell or Assign These Rights to Others: The copyright owner can transfer (sell or assign)
their economic rights to another person or organization, either in whole or partially. This
means that the owner can allow others to use their work in exchange for payment or
royalties. Example: A songwriter can sell the rights to a music company, which would then
have the authority to distribute and sell the song. Alternatively, the songwriter might license
the song, earning royalties each time it is played publicly.
6. To Transmit or Display by Radio or Vid: This right allows the copyright owner to control
the broadcasting of their work, such as through radio, television, or online streaming
platforms. They have the authority to decide how and where their work is transmitted to
the public. Example: A movie producer can authorize a streaming service to show their
film, or a musician can license their song for radio play, ensuring they receive
compensation and control over these broadcasts.

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Benefit of copyright

1. Safeguard of Owner - Copyright registration provides legal proof of ownership, helping

to protect the creator’s rights in case of disputes or infringements. This safeguard
ensures that the owner has exclusive rights to their work and can take legal action
against unauthorized use.
2. Legal Protection - Registered copyright holders are entitled to legal protection, making
it easier to enforce their rights. Registration establishes a public record of ownership,
which is often required to pursue legal action against infringers. In many jurisdictions,
registration strengthens the copyright holder’s case in court.
3. Brand Value -Copyright registration can enhance the brand value of a work or the
creator’s business by establishing the originality and authenticity of the content. It helps
build a reputation, as registered works are seen as legitimate and protected, adding
value to the creator’s brand.
4. Worldwide Protection - Copyright registration often provides protection on an
international level through treaties and conventions, like the Berne Convention. This
means that the creator’s rights are protected not just in their home country but in other
member countries, offering broader protection against infringement worldwide.

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 5. Copyright is an Asset - Copyright is an intangible asset that can generate revenue
through licensing, sales, or other commercial uses. Registration strengthens this asset
by making it legally recognized, and it can be included in financial portfolios, sold, or
used as collateral.
6. Owner Publicity - Registered copyright provides public recognition of the owner’s
work. This can help in promoting the creator’s name or brand, as they are acknowledged
as the rightful owner. Publicity from copyright registration can also attract potential
business opportunities, collaborations, or partnerships.
7. Economic Stability. - By securing copyright registration, the creator is assured of
economic benefits from their work, like royalties or licensing fees. This stability can
provide a consistent income stream, making copyright a valuable source of financial
security over time.

Terms of copyright

TRIPS Agreement Suggestion: The TRIPS Agreement (Trade-Related Aspects of Intellectual

Property Rights), an international legal agreement under the World Trade Organization (WTO),
recommends a minimum copyright protection of 50 years. This is a standard that many countries
follow, although some extend this period further.

Determining the Term of Copyright: The term of copyright depends on determining the time of
publication of the work. The publication date is crucial, as it generally starts the clock for the
duration of copyright protection.

Definition of Publication (Section 3): According to Section 3 (likely referring to the Indian
Copyright Act), publication is defined as making a work available to the public, either through
issuing copies or communicating the work to the public. This is significant because the official
publication of a work often begins the period of copyright protection.

Term of Copyright in Indian Law: In India, the term of copyright is covered from Section 22 to
Section 29 of the Indian Copyright Act. These sections outline the specific durations of copyright

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for various types of works, such as literary, artistic, musical, and cinematographic works, and
include details like the term for works by multiple authors or works published posthumously.

Infringement

Duration: The copyright for these works lasts for the author’s lifetime
plus 60 years from the beginning of the calendar year following the
year of the author’s death. Example: If an author dies in 2010, the
copyright would last until the end of 2070 (60 years after 2010).

Films, Sound Recordings, Posthumous Publications, Anonymous and

Pseudonymous Publications, Works of Government and International
Organizations

General Rule: The copyright for these works lasts for 60 years from the
date of publication.

Exceptions:

If the anonymous or pseudonymous author is identified, the copyright

will last for the author’s lifetime plus 60 years.

If there is joint authorship in a posthumous publication and one of the

authors is still living, the copyright will last for the lifetime of the
surviving author plus 60 years.

Photographs

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 Before 2012: The copyright for photographs lasted for 60 years from
the date of publication.

After 2012: The copyright for photographs lasts for 60 years from the
death of the photographer

Unauthorized Use: This refers to using someone else’s copyrighted

work without their permission. This could be reproducing the work,
distributing copies, performing it, or displaying it publicly.

Infringement of Moral Rights: In some jurisdictions, copyright holders

have moral rights, which include the right to be attributed as the author
and the right to prevent distortion or mutilation of their work.
Infringing on these rights is also considered copyright infringement.

Damages: If someone infringes on your copyright, you can potentially

sue for damages, which could include monetary compensation for lost
profits or harm to your reputation.

Exceptions

Public Domain Work: Works that are no longer protected by copyright,

either because the copyright has expired or because they were never
protected in the first place, are considered public domain. These works
can be used freely without permission.

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 Orphan Works: These are works where the copyright owner can’t be
identified or located. In some jurisdictions, there are provisions for
obtaining a compulsory license to use orphan works under certain
conditions.

Fair Use Doctrine: This doctrine allows for limited use of copyrighted
material without permission for purposes such as criticism, comment,
news reporting, teaching, scholarship, or research. However, fair use is
a complex legal concept, and whether a particular use is considered fair
use depends on various factors, including the nature and purpose of the
use, the amount and substantiality of the portion used, and the effect of
the use on the potential market for the copyrighted work.

Remedies for Copyright Infringement

Copyright infringement occurs when someone uses a copyrighted work

without permission. If you believe your copyright has been infringed
upon, you can pursue various remedies, which can be broadly categorized
into three types:

1. Civil Remedies:

* Injunction: This is a court order that requires the infringer to stop using
the copyrighted work. It can be a temporary or permanent injunction.

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 * Damages: You can sue the infringer for damages, which could include
lost profits, attorney’s fees, and other costs associated with the
infringement.

* Impoundment and Destruction: The court may order the seizure and
destruction of infringing copies of the work.

* Account of Profits: The court can order the infringer to pay you an
amount equal to the profits they made from the infringement.

2. Criminal Remedies:

* Criminal Prosecution: In some cases, copyright infringement can be a

criminal offense, especially if it involves large-scale or willful
infringement. If convicted, the infringer may face fines or even
imprisonment.

3. Administrative Remedies:

* Administrative Seizure: In some countries, copyright owners can

request administrative authorities to seize infringing goods, such as
counterfeit products.

* Border Measures: Border agencies can be instructed to detain infringing

goods that are being imported or exported.

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 Lesson 2: patent

A patent is a legal right granted to an inventor, allowing them to

exclusively make, use, and sell their invention for a specified period. This
right aims to encourage innovation by protecting inventors’ efforts and
giving them control over their creations, typically for 20 years in India.

According to the Indian Patents Act, 1970 (as amended), a patent is

defined as: “A patent is a statutory right granted by the government to the
patentee for a limited period, in exchange of full disclosure of the
invention, to exclude others from making, using, selling, or importing the
patented product or process for those purposes without his consent.”

In simple terms, a patent protects a novel invention, giving the inventor

exclusive rights while publicly disclosing the innovation’s details.

CONDITIONS PROTECTION OBTAINING FOR A PATENT

There is a set criterion, as provided in Section 2(1)(j) of the Patents Act,

1970, which must be fulfilled for a product or a process to qualify for the
grant of a patent. The criterion encompasses:

a) Novelty - Innovation is an important criterion in determining the patent

potential of an invention. Under Section 2(1) of the Patent Act, a novelty
or new Invention is defined as “no invention or technology published in
any document before the date of filing of a patent application, anywhere

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in the country or the world”. The complete specification, that is, the
subject matter has not fallen into the public domain or s not part of state
of the art”.

Simply, the novelty requirement basically states that an invention that

should never have been published in the public domain. It must be the
newest which have no same or similar prior arts.

Not part of ‘State of the Art’. The innovation claimed in the patent
application is new and not known to anybody in the world. In other words,
the innovation is –

Not in the knowledge of the public, not published anywhere through any
means of publication and

Not be claimed in any other specification by any other applicant.

b) Inventive Step - Under the Section 2(ja) of the Patents Act, an inventive
step

A is defined as “the characteristic of an invention that involves

technological advancement or is of economic importance or both, asus par
person existing knowledge, and invention not obvious to a person skilled
In the art.”

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This means that the invention should not be obvious art skilled in the not
be inventive ante inventio concerned. It should not be innovative and
obvious is person skilled in the same The Patent Act, 1970

Patent Registration Requirements & Fees in India Procedure,

The complete patent registration process involves a series of steps which

are to be mandatorily followed to get a patent in India. Both individuals
and businesses can apply for patent registration for their inventions.

A) Checking the patentability of the invention by performing a

search

Before filing a patent application in India, one should perform a detailed

patentability search to determine whether a patent for it will be available
or not. One can use the following link to conduct the patentability search
–

b) Drafting of Patent Application

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 i) Once the search is complete and through, the next step involved
is to prepare an application form in Form 1.

ii) Each application has to be accompanied by a patent specification.

This has to be prepared in Form 2 where one has to provide the
complete or provisional specification depending upon the state of
the invention (Whether its partially completed or completed). In
case one files a provisional application, a time gap of 12 months
is provided to finalize the invention and file the complete
application.

iii) A patent draft will also be required to be submitted along with the
application. The patent draft is considered a very important
document as the same will be used by the patent office in deciding
whether or not patent should be granted.

c) Filing the Patent Application in India

i) Application for grant of patent – Form 1

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 ii) Provisional/complete specification – Form 2

iii) Statement and undertaking under section 8 (the Sre only required
where a patent application already filed in the country other than
India) Form 3.

iv) Declaration as to inventorship – Form 5

v) Forms submitted only by start-ups and small entities Form 28

d) Publication of Patent Application

Patent application filed with the Indian patent office will be

published in the official patent journal. This is generally done
after 18 months of filing the application. In case one wants to get
it published earlier, they can make a request in form 9 for early
publication. When a restriction is placed by the Indian patent act
with regards to the publishing of the patent, the same will not be
published in the journal.

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 e) Examining of Patent Application

Every application filed for protection will be examined before a

patent is finally granted. The application has to be made for
examination in form 18. The earlier one makes a request, the
earlier the application will be examined by the examiner. Once
the application is filed, it is transferred to the patent officer who
will examine the application to ensure the same is in accordance
with the patent act and rules. A thorough search is conducted by
the officer where he/she analyses the relevant technology in depth
and the objections, if any, will be communicated. The report
issued in this case is called the First Examination Report (FER).

f) Grant of patent

The patent is granted once all the objections raised by the officer
are resolved.

OBLIGATIONS OF PATENTEE

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• Government use of Patents: A patented invention may be used or even
acquired by the Government, for its use only; it is to be understood that
the Government may also restrict or prohibit the usage of the patent under
specific circumstances. In case of a patent in respect of any medicine or
drug, it may be imported by the Government for its own use or for
distribution in any dispensary, hospital or other medical institution run by
or on behalf of the Government. The aforesaid use can be made without
the consent of the patentee or payment of any royalties. Apart from this,
the Government may also sell the article manufactured by patented
process on royalties or may also require a patent on paying suitable
compensation.

• Compulsory Licenses: If the patent is not worked satisfactorily to meet

the reasonable requirements of the public, at a reasonable price, the
Controller may grant compulsory licenses to any applicant to work the
patent. A compulsory license is a provision under the Indian Patent Act
which grants power to the Government to mandate a generic drug maker
to manufacture inexpensive medicine in public interest even as a patent in
the product is valid. Compulsory licenses may also be obtained in respect
of related patents where one patent cannot be worked without using the
related patent.

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• Revocation of Patent: A patent may be revoked in cases where there has
been respetisfactory result to the demand of the public in respect of the
patented invention

Invention for Defense Purposes: Such patents may be subject to certain

secrecy provisions, i.e., publication of the Invention may be restricted or
prohibited by directions of Controller. Upon continuance of such order or
prohibition of publication or communication of patented Invention, the
application is debarred for using it, and the Central Government might use
it on payment of royalties to the applicant.

• Restored Patents: Once lapsed, a patent may be Restored, provided that

few limitations are imposed on the right of the patentee. When the
infringement was made between the period of the date of infringement
and the date of the advertisement of the application for reinstatement, the
patent has no authority to take action for infringement.

TRADMARK

TYPES OF MARKS

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There are four different types of marks.

Trademark

The term trademark thus refers to some physical and tangible good and
service mark refers to an intangible service, in common usage the term
trademark is often used to refer to marks for both goods and service. The
key point in this legal description is that a trademark is a visual mark that
may use any combination of letters and imagery to aid a company in
differentiating itself from other entities.

It complements the registered trademark symbol ®

The purpose of a trademark is to visually represent a person, company, or

product and trademark should be designed to provide easy and definite
recognition. The term mark will be used as a synonym for both trademark
and service marks. The federal statute ((law) an act passed by a legislative
body) governing trademark law, the U.S. Trademark Act (Lanham Act),
found at 15 U.S.C 1051etseq.) itself states that the term mark includes any

2. Service Mark

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A service mark is the same as a trademark, but instead of a particular
product, it identifies and differentiates the source of a service. A service
mark is nothing but a mark that distinguishes the services of one
proprietor/owner from that of another. Service marks do not represent
goods, but the services offered by the company. They are used in a service
business where actual goods under the mark are not traded. Companies
providing services like computer hardware and software assembly,
restaurant and hotel services, courier and transport, beauty and health care,
advertising, publishing. Are now in a position to protect their names and
marks from being misused by others. The rules governing for theservice
marks are fundamentally the same as any other trademarks.

3. Certification Mark

A certification mark is a word, name, symbol, device, or combination

thereof used by one person to certify that the goods or services of others
have certain features in regards to quality material mode of manufacture
or some other characteristic (or that the work done on the goods or
services was performed by members of a union or other organization). For
example: Hallmark, ISO mark and in U.S Under writers seals Laboratory
of approval (Underwriters Laboratory is the large stand best known
independent, not for profit testing laboratory in the world based in
Northwood, Illinois, UL conducts safety and quality tests on abroad range
of products, from fire doors to CCTV cameras seals of approval).

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 4. Collective Mark

Chartered Accountants in India; Confederation of Indian Industries

A collective mark is one used by a membership organization, such as a

collective labour union, fraternity, or professional society, to identify that
the person displaying the mark is a member of the organization. These are
the trademarks used by a group of companies and can be protected by the
group collectively. Collective marks are used to inform the public about a
particular characteristic of the product for which the collective mark is
used. The owner of such marks may be an association or public institution
or it may be cooperative. Collective marks are also used to promote
particular products which have certain characteristics specific to the
producer in a given field. Thus, a collective trademark can be used by a
more than one trader, provided that the trader belongs to the association.

TYPE OF ASSIGNMENT OF TRADEMARK

1. Complete Assignment of a Trademark

Here the owner of the trademark transfers his ownership and rights
completely to the assignee transfer his the trademark. Such also includes
the right to make any further transfer to other person as assignee. After
any complete assignment of the trade mark the owner loses his rights over
the trademark and the assignee retains all the respective rights.

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2.Partial Assignment of a Trademark

Here the transfer of the ownership is done to certain products and services
only. The assignor holds the rights over the part which he has not
transferred to the assignee in terms of assignment. The assignor has the
right to make choice related to the partial assignment. The assignor can
use such exclusive rights in his business and administration.

3.Trademark Assignment with Goodwill

Here the assignor can transfer the rights of ownership as well as the image
valued rights over the trademark. Then the assignee can use such
representation in the market reputation of the trademark for the promotion
of the product.

4.Trademark Assignment without Goodwill

Here lies the restriction over the usage of the trademark product on the
part of the assignee i.e. the assignor can restrict the assignee for not using
the trademark in business. The same trademark can be used by both, the
assignor and the assignee in their different business filed. This assignment
is also called as gross trademark assignment.

5.Registration of Assignment

Section 45 of the Trade Mark Act, 1999 lays down the procedure for the
registration of the assignment. Where a person becomes entitled by

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assignment to a registered trade mark, he shall apply in the prescribed
manner to the registrar to register his title.

TYPES OF TRADEMARK INFRINGEMENT

When looking into trademark infringement, one must know the types of
infringement:

1. Direct infringement

Direct infringement is defined by Section 29 of the Act. There a few

elements that have to be met for a direct breach to occur; they are as
follows:

Use by an Unauthorized Person

This means that violation of a trademark only happens when the mark is
used by a person who is not authorized by the holder of the registered
trademark. If the mark is used with the authorization of the holder of the
registered trademark, it does not constitute infringement.

Identical or Deceptively Similar

The trademark used by the unauthorized person needs to either be

identical to that of the registered trademark or deceptively similar to it.

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The term 'deceptively similar’ here only means that the common
consumer ‘may’ be confused between the marks and may think of them
being the same. The operational word here being ‘may’, it only needs to
be proven that this is a possibility and does not require prool of actually
happening. As long as there is a chance of misrecognition of the marks, it
is enough for proving infringement.

Registered Trademark

The Act only extends protection to trademarks that have been registered
with the trademark registry of India In the case of breach of an
unregistered mark, the common law of passing off is that is used where
injury or damage tes caused to the goodwill associated with the activities
of another person or Group of persons.

Class of Goods or Services

For the infringement of the trademark, the unauthorised use of the mark
has to be used for the propagation of goods or services that fall under the
same class of the registered trademark.

2.Indirect Infringement

Unlike direct infringement, there is no provision in the Act that deals with
indirect infringement specifically. This does not mean that there is no

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liability for indirect infringement. The principle and application of
indirect infringement arise from the universal law principle. It holds
accountable not only the principal infringer but also anyone that abets,
induces that direct offender to infringe. There are two types of indirect
infringement.

INDUSTRIAL DESIGNS

The Industrial Design Act, 2000 is an Indian law that provides a

framework for the protection of industrial designs. It defines what

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qualifies as an industrial design, establishes a registration process, and
grants exclusive rights to creators or owners. This Act primarily aims to
protect the unique aesthetic appearance of a product—its shape,
configuration, pattern, ornamentation, or composition of lines or colors—
rather than its functional aspects

Six key benefits of protecting industrial designs:

1. Exclusive Rights: Protection grants the creator exclusive rights to

the design, preventing unauthorized copying or imitation by
competitors.

2. Market Advantage: A protected design creates a unique identity,

helping a product stand out in the market, which can lead to
increased customer recognition and loyalty.

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 3. Financial Returns: Owners can license or sell their design rights,
creating additional revenue streams through royalties or outright
sales.

4. Competitive Edge: Protection deters competitors from using or

replicating the design, allowing the owner to maintain a unique
product offering.

5. Legal Protection: Registered designs are easier to enforce legally,

providing a clear basis for action against infringement.

6. Encouragement of Innovation: Protection incentivizes designers to

create original and aesthetically appealing products, contributing to
industry growth and innovation.

GEOGRAPHICAL INDICATION

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A Geographical Indication (GI) of Goods is a type of intellectual property
that identifies a product as originating from a specific location, region, or
country, where its unique qualities, reputation, or characteristics are
inherently linked to its geographical origin. In India, Geographical
Indications are protected under the Geographical Indications of Goods
(Registration and Protection) Act, 1999, which aligns with the
international framework established by the TRIPS Agreement.

Benefits of Geographical Indications (GIs):

1. Economic Growth for Local Communities: GIs allow producers

from a specific region to command higher prices due to the unique
qualities and reputation of their products. This creates jobs and
generates income, leading to economic development in rural or
regional areas.

2. Protection Against Imitation: GI registration prevents unauthorized

producers from using the name or mark, protecting authentic
products from imitations. This ensures that only products genuinely
originating from that region can carry the GI tag.

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 3. Market Recognition and Premium Pricing: GIs enhance the brand
value of regional products, helping them stand out in competitive
markets. Consumers are often willing to pay a premium for authentic
products, increasing profitability for local producers.

4. Export Opportunities: GI-tagged products have a strong reputation

and higher visibility in international markets, helping boost exports.
International consumers are often drawn to unique regional products
with guaranteed quality, enhancing market access.

5. Preservation of Cultural Heritage: GIs help preserve traditional

methods of production and cultural practices tied to specific regions.
This supports cultural heritage, craftsmanship, and unique
agricultural practices, preventing these from becoming obsolete.

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 6. Consumer Assurance: GIs provide consumers with a guarantee of
authenticity, quality, and specific attributes tied to the product’s
origin. This trust fosters brand loyalty and helps consumers make
informed choices.

TYPES OF GEOGRAPHICAL INDICATION–

1. Quality-Neutral Geographical Indication

There is no apparent connection between the distinctive features of the

products and the place of their origin for the quality-neutral geographical
indications. It merely demonstrates that the product is made at the
indicated location by the source indication.

2. Qualified Geographical Indication

The qualified geographical indications establish a link between the

attributes or reputation of the products and the nation, area or place that

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they are concerned with. A single name is used to designate or identify
these products. These are often referred to as applications of origin.

3. Direct Geographical Indication

The products of geographical indication tags for the direct geographical

indications are denoted by the names of the geographical places they
belong to.

For example, tea from Darjeeling is referred to as Darjeeling tea, and

champagne from the place Champagne is famously known as champagne.

Indirect Geographical Indication

If the public at large believes that the products are identifying a certain
geographical origin, the indirect geographical indications are termed
“non-geographicat names or symbols”.

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For instance, consider the term “feta,” which has no geographical place in
Greece but is yet claimed by Greece to be associated with a region and
protected by geographical indication law.

Another example is the rice variety known as “Basmati,” which has no

specific location in India. The Trade Agreement on Intellectual Property
Rights covers “other signs of geographical significance, whether…
composed of words, phrases, symbols or emblematic images,” in the event
that indirect geographic indicators are recognized.

Thus, product’s increasing demand pattern following the protection of

intellectual property rights and product diversity may be the cause of the
higher revenue trend. Further, it can be observed that providing this
geographical indication with the proper legal protection would greatly
benefit in preventing abuse and spurring economic

RIGHTS GRANTED TO THE HOLDERS

• Right to sue: The exclusive rights have been to the person who is
Geographical Indication Act and, therefore, can be inherited, gifted, sold,
licensed, entrusted or mortgaged. The holder of geographical Indication
has a type of property that he can use subject to certain conditions and

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take legal action against a person who uses his invention without his
consent. Does and can receive compensation against real property.

• The right to grant license to others: The holder has the right to transfer a
license or grant a license or enter into any other arrangement for
consideration regarding their product. A license or assignment must be
given in writing and registered with the Registrar of geographic
indications, for it to be valid and legitimate.

• Right to exploit : Authorize user exclusive right to use geographic

Indication with respect to geographic goods for which the geographic
Indication is registered.

• Right to get reliefs : Registered Proprietors and

Authorized Users or Users have the right to obtain relief in relation to the
violation of such geographical

Remedies for infringement of geographical indication

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Remedies relating to indications are similar to remedies related to
trademark infringement of geographical infringement. Similarly, under
the (Indian) Geographical Indicators Goods (Registration and Protection)
Act, 1999, falsification of a geographical indication. Remedies which are
available for conservation of geographical dies which may be broadly
classified into two categories:

1.Civil remedies

Injunction

Injunctions include temporary injunction and permanent injunction. An

injunction is granted for the protection of violations of related items,
documents or other evidence in respect of the subject of the suit. An
injunction is granted for restricting the defendant from disposing of or
dealing with his products which may adversely affect plaintiffs’ ability to
recover damages, costs or other pecuniary remedies which may be finally
awarded to the plaintiff as compensation of damage. The aforesaid remedy
of injunction is more effective and can prevent greater harm to the
plaintiff. Or other peculiar remedies that may eventually be given to the
plaintiff. Damages)

The remedy of damages or account of profits in the form of compensatory

damages is available to prevent infringers from infringement. Damages

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(other than nominal losses) or accounts of profits may be ruled out Where
the defendant satisfied the court that he was unaware and there was no
reasonable basis for that Assuming that the plaintiff’s geographical
Indication was registered when he was engaged in using it; And when he
became aware of the existence and nature of the geographical Indication,
he stopped using it.

Delivery of the infringing labels and containing products indications

It is in the court’s discretion to order the infringer t destruction the

consideration deliver up infringing labels and indications for by takingy
or may not order for such remedy. All the by taking relevant circumstances
into court may remedies are also available for the action passing off. The
actions of Passing off are initiated against the infringement of unregistered
geographical indications.

i) Criminal Treatment

Criminal remedies are more effective as compared to civil remedies

because the former can be disposed of quickly. Pendency of civil suits
does not justify a stay of the criminal proceedings which involve the same
question Criminal proceedings directly attack the violator’s honour and

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social status. In some cases he comes forward for the Settlement of the
matter out of court to save their reputation. Chapter VIII of the Act deals
with offences and punishment for such crimes. The Act has penal
provisions for violation of various provisions related to Geographical
indications which are discussed below:

• Falsifying and incorrectly applying geographical indications to the

goods.

• Selling goods to which false geographical indications apply.

• Misrepresentation of a geographical indication in registered form.

• Improperly describes a place of geographically connected business

indication Registry.

• Falsification of entries in the register.

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The punishment granted for the infringement offences rupee three years
imprsement offence fine of not less than rupees fifty thousand but may
extend special reasons in writing may grant lesser punishment

UNIT 3

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The World Trade Organization (WTO) Agreement is a set of treaties that
established the WTO and governs global trade rules. It was signed in 1994
during the Uruguay Round of trade negotiations and came into effect in
1995, replacing the General Agreement on Tariffs and Trade (GATT). The
agreement aims to promote free and fair trade by reducing trade barriers
and ensuring that trade flows as smoothly, predictably, and freely as
possible across international borders.

Key Aspects of the WTO Agreement

1. Trade Liberalization: The WTO Agreement encourages the

reduction of tariffs, quotas, and other trade barriers.

2. Non-Discrimination: It enforces two main principles – Most

Favored Nation (MFN), where member countries must offer equal
trade terms to all other members, and National Treatment, which
ensures imported goods are treated no less favorably than domestic
goods.

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 3. Trade Facilitation: The WTO provides a framework for resolving
trade disputes and promotes efficient customs procedures to
facilitate trade.

4. Intellectual Property Protection: It includes the TRIPS (Trade-

Related Aspects of Intellectual Property Rights) Agreement to
protect IP rights globally.

5. Agriculture and Services: WTO agreements also cover specific

sectors, such as agriculture, and provide a basis for trade in services
through the General Agreement on Trade in Services (GATS).

Advantages of the WTO Agreement

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 1. Promotes Economic Growth: By reducing trade barriers, WTO
allows countries to access larger markets, which can lead to
increased production, job creation, and overall economic growth.

2. Dispute Resolution Mechanism: The WTO provides a formal

mechanism to resolve trade disputes, helping prevent trade wars and
protecting smaller economies.

3. Boosts Consumer Choice and Lowers Prices: Trade liberalization

often leads to increased competition and a wider range of goods and
services at lower prices, benefiting consumers globally.

4. Encourages Fair Competition: WTO rules help prevent unfair trade

practices such as dumping (selling products below market value)
and subsidies that distort fair competition.

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 5. Supports Developing Countries: The WTO provides technical
assistance and capacity-building programs for developing nations to
help them integrate better into the global trading system.

6. Predictable Trade Environment: Clear rules and policies make

international trade more predictable, which encourages investment
and long-term economic planning.

Paris Convention

The Paris Convention for the Protection of Industrial Property is an

international treaty established in 1883 to protect industrial property

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rights, such as patents, trademarks, and designs, across member countries.
It was one of the first international agreements to provide a unified
framework for protecting intellectual property (IP) globally. The
Convention is administered by the World Intellectual Property
Organization (WIPO).

Features of the Paris Convention

1. National Treatment: This principle ensures that foreign nationals

receive the same IP protections as nationals of a particular member
country. For example, if a patent is granted in one country, foreign
nationals from other member countries are entitled to the same
rights.

2. Right of Priority: This allows an applicant to use the original filing

date of their IP in one member country as the priority date in other
member countries if they apply for protection within a specific time
frame (typically 12 months for patents and six months for

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 trademarks and industrial designs). This helps prevent others from
filing similar IP in other countries within this period.

3. Independence of Patents: Patents granted in each member country

are independent, meaning a patent’s validity in one country does not
affect its status in another.

4. Protection Against Unfair Competition: The Convention also

requires member countries to ensure that industrial property rights
are protected against unfair competition, such as misleading
advertisements or unauthorized use of a trademark.

Advantages of the Paris Convention for intellectual property (IP)

holders, businesses, and member countries:

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 1. Boosts Foreign Investment and Economic Growth

By providing reliable IP protection across member countries, the

Paris Convention creates a favorable environment for foreign
investments. Investors and businesses are more likely to enter new
markets if they feel confident that their IP rights will be safeguarded.
This can lead to increased foreign direct investment (FDI) and
economic growth in member nations.

2. Simplifies IP Management Across Borders

For businesses and individuals with interests in multiple countries,

the Paris Convention provides a streamlined system for managing IP
rights internationally. The Right of Priority is particularly useful, as
it allows an inventor to use one filing date in multiple jurisdictions,
thus avoiding redundant filings and potential conflicts.

3. Protects IP Holders from Unauthorized Use and Infringement

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 With standardized IP protection laws, the Convention helps prevent
unauthorized use or infringement of IP rights. This means that
inventors, creators, and businesses can protect their IP from misuse
by competitors in member countries, maintaining the value and
uniqueness of their innovations.

5. Enhances Competitiveness of Small and Medium Enterprises

(SMEs)

The simplified IP protection provided by the Convention allows

smaller companies, including startups and SMEs, to protect their
innovations on an international scale without incurring
overwhelming costs. This protection helps SMEs compete globally
and secure their inventions in new markets.
6. Encourages Technological Advancement and Innovation
The assurance of IP protection incentivizes individuals and
companies to invest in research and development. When inventors
know they will have exclusive rights to their creations, they are more
motivated to innovate, leading to advancements in technology and
various industries.

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 7. Facilitates the Transfer of Technology

Effective IP protection makes it easier for companies to share or

license their technology and innovations internationally, as they can
trust that their rights will be protected. This encourages knowledge
transfer, which can lead to improvements in industry standards and
practices across borders.

8. Supports Cultural and Creative Industries

By protecting trademarks, designs, and other forms of industrial

property, the Paris Convention also benefits creative industries like
fashion, design, and entertainment. Artists, designers, and creators
can secure their IP globally, thus ensuring that their work receives
proper recognition and preventing unauthorized copying.

9. Encourages Fair Market Competition

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 The Convention includes provisions to protect against unfair
competition practices, such as deceptive advertising, imitation of
trademarks, and false indications of origin. This encourages a fair
marketplace, where businesses compete on innovation and quality
rather than deceptive practices.

10. Increases Public Confidence in IP Systems

A standardized, enforceable IP framework like the Paris Convention

builds public trust in IP systems globally. This trust reassures
businesses, creators, and the public that IP rights are taken seriously
and respected internationally, reinforcing the value of IP as a global
asset.

11. Adaptability and Global Cooperation

The Paris Convention has been periodically revised to keep up with

changing global IP needs. This adaptability allows member
countries to update their IP laws in alignment with new

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 technological developments and international cooperation,
promoting a unified global approach to IP protection.

TRIPS Agreement

The TRIPS Agreement (Trade-Related Aspects of Intellectual Property

Rights) is an international legal agreement that sets minimum standards
for the protection and enforcement of intellectual property (IP) rights
globally. It was established under the World Trade Organization (WTO)
during the Uruguay Round of negotiations and came into effect in 1995.
The TRIPS Agreement is one of the most comprehensive IP treaties,
covering various types of intellectual property, including patents,
copyrights, trademarks, industrial designs, and trade secrets.

Advantages of the TRIPS Agreement

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 1. Promotes Global IP Standards:

TRIPS establishes uniform standards for IP protection worldwide,

reducing disparities and creating a consistent framework that promotes
fair competition in global markets.

2. Encourages Innovation and Creativity:

By ensuring IP protection, TRIPS incentivizes inventors, creators, and

businesses to invest in research and development, leading to technological
advancements and creative works.

3. Supports Economic Growth and Foreign Investment:

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Strong IP protection attracts foreign direct investment and encourages
trade, as investors feel secure that their IP rights are protected in member
countries.

4. Facilitates Technology Transfer:

The agreement allows countries to share knowledge and technology more

confidently, knowing that IP rights are protected, which can benefit
developing nations in fields like healthcare, agriculture, and technology.

5. Flexibilities for Public Health:

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TRIPS has provisions that allow member countries to take measures for
public health purposes. For instance, the Doha Declaration on TRIPS and
Public Health allows for compulsory licensing, where governments can
permit the production of generic drugs in certain cases, especially to
address public health crises like HIV/AIDS or COVID-19.

6. Balanced IP Protection for Different Sectors:

TRIPS covers various IP categories, allowing sectors like

pharmaceuticals, agriculture, technology, and entertainment to benefit
from IP protection, supporting both local and global economies.

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