INTELLECTUAL PROPERTY RIGHTS

An Overview

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 TYPES OF PROPERTY

• Real/Immoveable
– Land
• Personal/ Moveable
– Cars, jewellery, clothing
• Easementary
– Non-corporal interest in real property

• Rail, roads, public utilities

• Intellectual
– Patents, copyrights and trademarks

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 INTELLECTUAL PROPERTIES incl..

• Copyrights
• Industrial Property:
• a. Trademarks
• b. Patent
• c. Designs
• d. Confidential information/ Trade secrets
• E Geographical Indications/Integrated circuits

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 What is intellectual property?

 Intellectual Property is something produced using human intellect which has commercial value.
 Often intangible in nature, but usually contained in a tangible, fixed medium- paper, CD, computer
chips…..

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What is Intellectual Property
Right (IPR)?

Intellectual Property Right

 not to be confused with IP

 it is a right vested in the asset, not the asset itself
 e.g.
 an idea / invention is IP, a patent registration is an IPR
 a customer / price list is IP, a right of confidentiality is an IPR
 a secret production method is IP, a right to a trade secret is an IPR
 a particular way of representation is IP, copyright or a design registration
is an IPR
 a brand / trade name is IP, a trade mark registration is an IPR

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 How Intellectual Property Law

Works

• Affirmative and Exclusive Rights

• Allows the owner to file a lawsuit against a transgressor

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 Intellectual Property Rights

“COPYRIGHT” LITERARY NOVEL

POEM PLAYS
FILMS MUSICAL
ARTISTIC
“INDUSTRIAL DRAWINGS PHOTOGRAHS PERFORMING
PROPERTIES” PATENTS ARTS SCULPTURES
SOFTWARE
INDUSTRIAL DESIGNS
TRADEMARKS TRADE
SECRETS PLANT
VARIETIES
INTEGRATED
CIRCUITS
GEOGRAPHICAL
INDICATORS

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 COPYRIGHT
(Governed by the Copyrights

Copyright in :
a) Original literary , dramatic, musical and artistic
works;
-Computer Software, Engineering Drawings
b) Cinematographic films; and
c) Sound recordings.

Copyright –Right to reproduce,make copy,adaptations

and translations as applicable

Term : Usually lifetime of the author until sixty years following the year of death of author
Broadcast Reproduction right – Twenty Five Years Performers Right- Fifty Years

Authors Rights- Moral Rights-Authorship/Object to Alterations

Resale Share Right In original Copies

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SOME ILLUSTRATIVE EXAMPLES OF WORKS.

Literary works : Novels, Diaries, Poems

Musical works: Symphonies, Jazz, Improvisation Choreographic works :

Dance, Ballet

Artistic works : Paintings, Engravings, Sculptures

Architectural works : Buildings themselves

Figurative works : Maps, Drawings and Charts of a scientific nature Cinematographic Works : Movies,

Video

Photographic works : Photographs, Photogravures

Program works : Computer Programs

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 OTHER CATEGORIES OF PROTECTABLE WORKS

Derivative works:
A “derivative work” means a work created by translating, arranging musically, transforming, or dramatizing,
cinematizing or otherwise adapting a pre-existing work .
EXAMPLES ① translated works; ② arranged works ; ③ transformed works; and ④ adapted works. To
exploit these works, authorization must be obtained from the copyright owner of not only the derivative
work, but also of the original work .

Compilations:
“Compilations” are works (not falling within the term “databases”) which constitute intellectual creations, by
reason of the selection or arrangement of their materials .
EXAMPLES
(e.g. Periodicals ;Databases ;Anthologies ;Audio-visual works ;Web pages).

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 COPYRIGHTS

• India has a very strong and comprehensive copyright law based on the Copyright Act,1957
which was amended in 1981, 1984, 1992, 1994 and 1999 (w.e.f.January 15, 2000). The
amendments in 1994 were a response to technological changes in the means of
communication like broadcasting and telecasting and the emergence of new technology like
computer software.

• The 1999 amendments have made the Copyright Act fully compatible with Trade-Related
Aspects of Intellectual Property Rights (TRIPS) Agreement while primarily reflecting the
Berne Convention. The amended law has made provisions for the first time, to protect
performers’ rights as envisaged in the Rome Convention. With these amendments the
Indian Copyright law has become one of the most modern copyright laws in the world.

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 GEOGRAPHICAL INDICATIONS

(Governed By The Geographical Indication Of Goods (Registration &

Protection)Act,1999 )

• An indication used to identify agricultural, natural or manufactured goods originating from

a definite territory in India.

• It should have a special quality or characteristics or reputation based upon the climatic or
production characteristics unique to the geographical location.

• Examples of Geographical Indications in India are Darjeeling Tea, Kanchipuram Silk Saree,
Alphonso Mango, Nagpur Orange, Kolhapuri Chappal, Bikaneri Bhujia, etc.

• Any association of persons, producers, organization established by or under the law can apply
representing & protecting the interests of the producers.

• The registration of a Geographical Indication is for a period of ten

years.

• Renewal is possible for further periods of 10 years each.

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 GEOGRAPHICAL INDICATIONS

India, as a member of the World Trade Organization, enacted the

Geographical
Indications of Goods (Registration & Protection) Act, 1999 has come into force
with effect from 15th September 2003. The source of Geographical origin of the
biological material used in invention is required to be disclosed in the
specification

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 Protection of New varieties of Plants
(To Be Governed By Sui Generis system
The Protection Of Plant Varieties and Farmer’s Rights Act, 2001)

NEW
ThePLANT
objectives ofVARIETY: a )DISTINCT
the Act are as follows : b) UNIFORM and c)STABLE
• To provide for the establishment of an effective system for protection of plant varieties;

• To provide for the rights of farmers and plant breeders;

• To stimulate investment for research and development and to facilitate growth of the seed
industry;

• To ensure availability of high quality seeds and planting materials of improved varieties to
farmers

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 LAYOUT DESIGNS (TOPOGRAPHIES) OF INTEGRATED

CIRCUITS
[To be governed by The Semiconductor Integrated Circuits Layout Designs Law (SICLD) Act,
2000]

• The Semi-Conductor Integrated Circuits Layout-Design (SICLD)Act, 2000 is the governing Act for 'Lay Out
Designs of Integrated Circuits' in India.
• The aim of the Act is to provide protection of Intellectual Property Right (IPR) in the area of
Semiconductor Integrated Circuit Layout Designs and for matters connected therewith or incidental
thereto.
• The Act is implemented by the Department of Information Technology, Ministry of Information
Technology.
• The Semiconductor Integrated Circuits Layout-Design Registry (SICLDR) is the office where the
applications on Layout-Designs of integrated circuits are filed for registration of created IPR.
• The Registry has jurisdiction all over India.

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 TRADEMARKS

(Governed By The Trade Marks Act,1999)

• A trade mark is any sign which can distinguish the goods of one trader from those of another. Sign includes,
words, logos, pictures, or a combination of these.

• A trade mark is used as a marketing tool so that customers can recognize the product of a particular
trader.

• To register a trade mark , the mark must be:-

distinctive, and, not deceptive, or contrary to law or morality, and, not identical or similar to any earlier marks for
the same or similar goods.

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TRADE MARKS

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18
 JAPANESE PATENT OFFICE REPORT

- + 6.2 TRILLION YEN

- +6.2 TRILLION YEN

- +3.1 TRILLION YEN

- +1.9 TRILLION YEN

SOME OTHER WELL KNOW MARKS

24 HR CHANNEL; PACKAGE DELIVERY

COMPUTERS-

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 TRADEMARKS

• India affords full protection to trade marks under the Trade Marks and Merchandise Act.
The Indian law of trademarks is protected by the Trade & Merchandise Marks Act, 1958. A
new statute i.e. the Trade Mark Act, 1999 has been enacted in India to bring it in conformity
with the TRIPs Agreement, to which India is a signatory. Indian Trademarks Act, 1999, came
into force on September 15, 2003.

• India has made a step towards fulfilling its international obligations. Consequently, the
Indian trademark law has now become fully compatible with the International standards laid
down in the TRIPs Agreement. The New Act primarily consolidates and amends the old Trade
& Merchandise Marks Act, 1958 and provides for better protection of goods and services

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 DESIGNS ACT 2000
(Came In To Force On 11-05-2001)

APPLIED TO
ANY ARTICLE OF MANUFACTURE IN TWO DIMENESION
OR THREE DIMENSION OR IN BOTH FORM

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 Industrial Designs

• The protection you receive is only for the appearance of

• Electrical JUG the article and not how it works.
• Design registration is intended to protect designs which
have an industrial or commercial use.
• Duration of protection is initially for 10 years
and extendable for another term of 5 years.
• Designs of stamps, labels, tokens, cards, cartoons, or
parts of an article not sold separately, cannot be
registered.

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 ago, Companies:
Fifteen years
Competed on : Price Today it’s :
Quality Tomorrow it’s :Designs

When companies are competing at equal price & functionality Design is

the only differential that matters”

– Mark Dziersk, quoted in TIME

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 METHOD OF MANUFACTURE
NOT PROTECTED BY DESIGN
FRUIT BASKET DESIGN

PATTERN OF THE BASKET

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 Classification of designs in classes:

An International classification of Industrial Designs according to the Locarno

Agreement has been introduced in the Designs Rules, 2001. The classification of goods is based
upon the function of the classification of goods is applied.

Classes and most of the classes are further divided into sub- classes.These classes and sub-classes
are mainly function oriented.

Normally, the name of the article should be such that is common/familiar in the trade
or Industries. The name of the article as mentioned in the application from should correspond
with the representation of the article as filed.

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 CLASSIFICATION OF DESIGNS

CLASS-01= FOODSTUFFS

Sub Class 01-01: Bakers’ products ,biscuit

pastry ….,Chocolates Sub Class 01-
04: Butcher’s meat, fish ..

Sub Class 01—06: Animal Foodstuff CLASS 07 : HOUSEHOLD

GOODS

Sub Class 07-01 : China ,glassware,dishes..

Sub Class 07-03 : Table Knives..

Sub Class 07-08: Fire Place Implements

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 DESIGNS

The existing legislation on industrial designs in India is contained in the New Designs Act, 2000 India
had achieved a mature status in the field of industrial designs and in view of globalization of the
economy.
The present legislation is aligned in view of the
changed technical and commercial scenario and made to conform to international
trends in design administration.

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TECHNICAL ADVANCEMENT BY WAY OF A NEW PRODUCT OR A NEW PROCESS
NOT LIMITED TO OUTER VISUAL APPEAL

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KEEP IT SECRET
DISCLOSE TO OTHERS

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&

Secret
Commercial Value
Steps Taken To Keep It
Secret

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 TRADE
SECRET
A typical example is Coca-Cola. This soft drink
The process of the Coca-Cola drink is secret and is only known by two persons
inwas invented
the world. They are in
not1886
allowed and was
to travel never
together, protected
so that there is no
by a ofpatent,
chance them dying only
at theby a time
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in an accident. Thethe
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of the Coca-
Cola process was well kept during all these years, and nobody is able to
Coca-Cola) and by an industrial design (for this
produce a drink with exactly the same taste still today. You all know that
veryCola,
Pepsi special
its biggestdesign ofhas
competitor, the Coca-Cola
a different taste. bottle,
supposed to be in the shape of a woman
wearing a long skin-tight dress).

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 PATENTS

• A patent is a legal title granting its holder the exclusive right to make use of an invention for
a limited area and time by stopping others from, among other things, making, using or
selling it without authorization.

• In return for this right, the applicant must disclose how his invention works in sufficient
detail.

• When a patent is granted, the applicant becomes the owner of the patent. Like any
other form of property, a patent can be bought, sold, licensed or mortgaged.

• Patents are territorial rights, so an Indian patent will only give the owner rights
within India and rights to stop others from importing products into India.

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INVENTOR

ASSIGNEE OF THEGuided DISCLOSURE OF ADVANCEMENT

By The Patents Act,1970 as amended
By The Patents (Amendment ) Act,2005
INVENTOR PATENT

LEGAL HEIR OF AN THE

INVENTOR/HIS PATEN
20 YEARS EXCLUSIVE RIGHT
T
OFFICE

ON 31
 PATENTS

• As on date, India is fully with the TRIPs Agreement.

• The Patents Act 1970 has undergone three amendments – 1999, 2002 &
2005.
• The III Amendment in 2005 has major implications on the following:
– Introduction of product patent protection for food, pharmaceutical and chemical inventions.
– Examination The “mail box” applications, from January 01, 2005

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IT IS A MYTH THAT INTELLECTUAL PROPERTY IS HIGH TECH AND SO MOST
BUSINESS OPERATORS ARE FAR REMOVED FROM THE CONCEPT OF
INTELLECTUAL PROPERTY AND INTELLECTUAL PROPERTY RIGHTS.

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WORLDS FIRST INSTANT NOODLE
MADE IN ROADS INTO THE GLOBAL MARKET BY W

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MR. MOMOFUKU AND OF NISSAN
FOOD PRODUCTS,LTD., JAPAN
HAD EMBARKED ON A QUEST TO
CREATE NOODLE THAT COULD
BE EATEN ANYWHERE WITH
JUST A BOWL AND
CHOPSTICKS.
HIS RESEARCH RESULTED IN
SUCCESSFUL DEVELOPMENT OF
WORLDS FIRST INSTANT NOODLES,

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TURNED OUT TO BE A BIG HIT
CRUDE IMITATIONS APPEARED IN MARKET.
NISSIN USED ITS PATENTS ON MANUFACTURING METHODS TO COMBAT COUNTERFEIT.
INTELLECTUAL PROPERTY BY WAY OF PATENTS
ALLOWED RETAIN EXCLUSIVITY.

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 IP AS A TOOL TO COMPETE WITH

MULTINATIONALS
CASE OF GOLDTOUCH TECHNOLOGIES VS MICROSOFT

• GOLDTOUCH A SMALL COMPANY DEVELOPED AN ERGONOMIC KEYBOARD

MANOEUVORED INTO DIFFERENT POSITIONS TO SUIT USER NEEDS AND MOUSE DESIGN.

• FILED APPLICATIONS FOR PATENTS FOR ITS PRODUCTS.

• LICENSED TO LEXMARK AND IBM

• SUBSEQUENTLY APPROACHES MICROSOFT TO DISCUSS LICENSING.

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A YEAR LATER ELEMENTS OF THE NOVEL MOUSE DESIGN FOUND INCORPORATED IN MICROSOFT
MOUSE

GOLDTOUCH STARTS LOSING SALES

PRODUCT BRANDED WITH THE LOGO “MICROSOFT” MORE ACCEPTABLE THAN

LESSER KNOWN
GOLDTOUCH”

POWER OF MICROSOFT LOGO GREATLY REDUCED

POTENTIAL SALES OF GOLDTOUCH
DESPITE - GOLDTOUCH DESIGN -ORIGINALITY

ONLY BECAUSE OF THEIR PATENT GOLDTOUCH COULD EVEN THINK OF

STOPPING MULTINATIONAL MICROSOFT FROM SELLING THEIR
PATENTED PRODUCT
ADVANTAGE IPR

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 FOR MOST PRODUCTS EVERY FORM OF
INTELLECTUAL PROPERTY RIGHTS CAN BE OBTAINED
CAMERA

“PATENT”  For every individually improved

mechanism
“DESIGN”  For outer shape & Contour / Configuration

“TRADE MARK” Brand name or Logo for goods denoted as ®

“Copy right” For Instruction / manual booklet denoted as ©

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 CD PLAYER

Music played on the CD player is

protected by
Industrial design copyright
protection for 3D shape

Various technical parts

& mechanisms are
Brand name- registered subject mater of
under trademark protection under
Patents

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41
DIFFERENTIATES YOUR PRODUCTS AND SERVICES FROM OTHERS
PROMOTES YOUR PRODUCTS AND SERVICES AND CREATES A LOYAL
CLIENTELE
DIVERSIFIES YOUR MARKET STRATEGIES TO VARIOUS TARGET
GROUPS
POPULAIZES YOU IN FOREIGN COUNTRIES
KEEPS AWAY YOUR COMPETITORS/COPIERS

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THANKS

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