History and

UNIT 2 HISTORY AND EVOLUTION OF Evolution of IPR

IPR

Structure
2.1 Introduction
2.2 Objectives
2.3 Evolution of IPR
2.4 Historical Perspective of IPR
2.5 Evolution and Development of IPR in India
2.6 Conventions
2.7 Answers to Check your progress
2.8 Let Us Sum Up
2.9 Terminal Questions
2.10 Bibliography/ Web links

2.1 INTRODUCTION
Intellectual Property Rights (IPR) are legal rights given to the creator or
inventor as an exclusive right to protect his invention or work for a certain
amount of time. The term "intellectual property rights" (IPR) used to refer
exclusively to patents, copyrights, and trademarks of industrial designs, but
now it covers a considerably broader range of legal protections.

The Intellectual Property (IP) refers to work or inventions that are a result of
an individual’s original creativity. The protection of the right to property is
guaranteed at both international and national levels. The right to ownership
that belongs to a person can be broken down into two categories: corporeal
property and incorporeal property. In ancient times, proprietary rights
consisted solely of corporeal property, which denoted a person's ownership
right over a tangible object. To clarify, corporeal property denoted a person's
ownership right over a physical object. Corporeal property includes things
like a person's car, house, land, possessions, shares of stock, and money owed
to them, etc. Once again, it can be broken down into two categories:
moveable and immovable. Things that can be physically transported from one
location to another are called movables such as cars, couches, and
refrigerators.

While immovable property consists of fixed assets that cannot be easily

relocated like real property, as farms and cities. The term "property" now
encompasses various situations and definitions. Proprietary rights are now
universally acknowledged as covering not only physical and immaterial
property, but also intangible and conceptual forms.

2.2 OBJECTIVES
After studying this unit, learner will be able to:
21
Foundation of  Be familiar with the various International Conventions that paved the
IPR
way for the gradual expansion of Intellectual Property Laws;

 Recognize the historical context for the development of Intellectual

Property Rights on the global stage.

 Explain the role of the World Intellectual Property Organisation (WIPO)

in the growth of intellectual property;

 Describe the connection between WIPO and the World Trade

Organisation (WTO);
 Have a fundamental 'understanding' of the TRIPS Agreement; and

 Be familiar with the numerous national legislations that have led to the
growth of intellectual property rights in India.

2.3 EVOLUTION OF IPR

Signatures on paintings and creation- Ownership stamps on pottery and
other household objects unearthed from prehistoric sites in Europe and
Asia.Poetry was the first artistic endeavor to be commercialised.

Movement in Venice - The first documented attempt to conserve craft

knowledge in Venice was an edict issued by the council of Venice on May
21st, 1297. This ordinance marked the beginning of the Venetian Movement.

Finnian v. Columbia, which occurred in 550 AD, was the first record of the
copyright case. The law of the University of Paris, written in 1223, included
regulations on the reproduction of writings for use within the university.

Before the advent of the printing press, most works of literature were
produced by learned monks who diligently crafted their illuminated volumes.
This was before the concept of copyright was established.

The passage of the Copyright Act in 1709, more commonly known as the
Statute of Ann (the world's first copyright statute) placed in authors of books
a monopoly over their works, much to the surprise of the publishers.

2.4 HISTORICAL PERSPECTIVE OF IPR

Intellectual property rights (IPR) hold important significance in
contemporary society, particularly within the realm of commercial activities.
However, it is worth noting that in ancient times, human intellectual
capabilities were mostly directed toward societal objectives rather than
economic pursuits. Songs, music, and any other artistic object created in
today's world are protected by the owner's copyright, which means that they
cannot be used for commercial purposes by anyone else without the owner's
prior permission. However different texts, Vedas, and raga were free for
anyone to use during that time. In addition, people used to engage in business
transactions by using their name or identity as a symbol of trust and
representation in the past when there was no such thing as a trademark, and
inventions made by anyone could be copied by another person because there
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was no such protection as an inventor receives today in the form of a patent. History and
Evolution of IPR
The origins of intellectual property rights in India may be traced back to
1485, when the initial framework for safeguarding intellectual property was
established through the implementation of the Venetian Ordinance (also
known as English law). This was accomplished by formally recognising
some rights in the form of patents. The need for the development of
intellectual property rights expanded over time in tandem with the expansion
of trade and the means by which it was conducted; this, in turn, led to the
establishment of rights and the enactment of laws to safeguard those rights.
The event called "THE WORLD EXPOSITION" took place in Vienna. It was
one of the first International Events for the exchange of education,
knowledge, and culture. It made States aware of the need for IP Rights,
which led to the PARIS CONVENTION in 1883, which is also known as the
"Origin of Universal IP Rights." States agreed on the Berne Convention for
Literary and Artistic Rights in 1889 to give Creators International IP rights
and protect them. Before that, the authors only had rights in their own states.

On April 15, 1994, in Marrakesh, Morocco, the WTO states signed the
TRIPS Agreement. All of the states had to follow these basic standards when
it came to intellectual property because of this agreement. It set up processes
and methods for dealing with IP rights conflicts at home. The TRIPS
Agreement covers, in theory, all types of intellectual property. It aims to
make security standards stronger and more consistent and to make sure they
are enforced both nationally and internationally. It discusses how the general
GATT rules and the rules in foreign IP agreements can be used (Part I). It
also establishes rules for Intellectual Property Rights' scope, use, readiness
(Part II), enforcement (Part III), acquisition (Part IV), and management (Part
V). Also, it talks about ways to stop and settle disputes (Part V) that is
connected. Parts VI and VII of the Agreement, which are about temporary
and institutional arrangements, deal with formal arrangements.

2.5 EVOLUTION AND DEVELOPMENT OF IPR

IN INDIA
Due to the fast globalisation and liberalisation of economies all over the
world, "Intellectual Capital" has become a major source of wealth in
international trade in the 21st century. Whether in the form of newly enacted
statutes or judicial declarations, the protection of intellectual property rights
has emerged as an indispensable component of India's thriving commercial
sector. As a result of India's acceptance of the World Trade Organization
(WTO) agreement, the country is now in a position to comply with the Trade
Related Aspects of Intellectual Property Rights regulations (TRIPS)

India's law system protects intellectual property in the following ways.

 Trade Marks
 Patents
 Copyrights
 Industrial designs
23
Foundation of  Geographical indications
IPR
 Layout designs of the integrated circuit
 Varieties of plants
 Information Technology and Cybercrimes
 Data protection

Governing Regulations:
Intellectual properties right in India are governed under the following Acts:
 Trade Marks Act, 1999
 The Patents Act, 1970 (amended in 2005)
 The Copyright Act, 1957
 The Designs Act, 2000
 The Geographical Indication of Goods (Registration and Protection) Act,
1999
 The Protection of Plant Varieties and Farmers Rights Act, 2001
 The Information Technology Act, 2000

IPR LAWS IN INDIA (administered by Office of CGPDTM)

Figure 2.1 (Source: https://nja.gov.in/Concluded_Programmes/2017-18/P-

1048_PPTs/1.IPR%20in%20India.pdf)

IP-Related Types
A person has five distinct rights under IP:
倲 Trade Marks: A company's trademark is among its most valuable
intellectual property assets. One way in which a business promotes itself
to its customers is using a logo or the name of a product or service.

Trademarks are extremely important because they allow consumers to

instantly recognise a product or service. For instance, if a company such
as Amazon sells products from third-party sellers or brands directly to
24
 customers (Amazon offers the service), and that company has already History and
Evolution of IPR
built up a strong reputation and customer trust in the market, then
Amazon may be able to sell these things. Establishing trust and goodwill
takes time and effort, and a trademark protects that investment from
being misrepresented or exploited. The Trademark Act, which was
passed in 1999, provides legal protection for trademarks in India. The
improved protection of trademarks and the prevention of false
representation of goods and services were the primary motivation for its
passage into law. The judicial rulings that were made in the course of
time and future developments have resulted in the expansion of the scope
of the trademark, which now includes the domain name. In contrast to
the Trade and Merchandise measure of 1958, this measure protects the
rights of unregistered trademarks through the same remedies of passing
off as registered trademarks.

YEAR EVENT
Till No specific legislation for trademark, common law to resolve issues
1940
1940 Trademarks Act & Registry
1958 Trade and Merchandise Act
1999 New Act in view of TRIPS agreement, new developments in trading
practices- service, well-known marks registered
2013 2013 Introduced provisions of Madrid Protocol

Table 2.1 Evolution of Trade mark

0Source: https://nja.gov.in/Concluded_Programmes/2017-18/P-
1048_PPTs/1.IPR%20in%20India.pdf)

倲 Copyrights: Copyright is a type of intellectual property protection that is

given to the creators of original works like books, plays, musical and
artistic works, films, and sound records. The Copyrights Act of 1957
says that only these things can be protected by copyright. Some rights
can only be used by the owner or someone who has a licence from the
owner. For example, Section 14 of the Copyrights Act of 1957 says that
the right to reproduce, publish, adapt, or publish can be used by the
owner or someone who has a licence from the owner. “Indian copyright
law is at parity with the international standards as contained in TRIPS.
The (Indian) Copyright Act, 1957, according to the amendments in 1999,
2002, and 2012, fully reflects the Berne Convention for Protection of
Literary and Artistic Works, 1886, and the Universal Copyrights
Convention, to which India is a party. India is also a party to the Geneva
Convention for the Protection of Rights of Producers of Phonograms and
is an active member of the World Intellectual Property Organization
(WIPO) and United Nations Educational, Scientific, and Cultural
Organization (UNESCO).”

25
Foundation of
IPR YEAR EVENT

1914 Indian Copyright Act was enacted for the first time in 1914
primarily based on the U.K. Copyright Act, 1911.

1957 After Independence the Comprehensive Copyright Act was enacted

in 1957 to consolidate the laws related to copyrights in India.

1994                 

“Computers” and “Computer Programmes”.
       !$*+  
protection to the rights of Performers. Producers of Phonograms
and Broadcasting organizations.
< +       + >    @@ 
Management of the rights.

2012 俶 The copy Right (amendment) Act 2012 notified on 8-6-2012.

俶 Provisions in conformity with the WIPO Treaty and WIPO
Performances and Phonograms Treaty.
俶 Definition of “Copyright” as Exclusive Right, author of a work
is the first owner of copyright.

Table 2.2 Evolution of Copyright

0Source: https://nja.gov.in/Concluded_Programmes/2017-18/P-
1048_PPTs/1.IPR%20in%20India.pdf)
倲 Patents: How do patents work? Patents are special rights that the
government gives only to the creator so that no one else can use, make,
or sell the same thing for a certain amount of time. Similar to how
copyright laws safeguard the original author's right to his or her work,
patent laws safeguard the inventor's right to his or her invention by
prohibiting its use, creation, or sale by anyone else without his or her
permission or license. The purpose of patent laws is to safeguard the
legal interests of innovators and to incentivize further creative endeavors
by conferring upon them certain exclusive rights that serve as an
incentive for others to come up with new ideas. Patent law in India is
now governed by the 1970 Patents Act. Its original implementation date
was 1972. There have been multiple revisions to the Patents Act, from
1999, 2002, 2005, with the most recent being in 2006. These
amendments were required to make the Patents Act TRIPS compliant.
TRIPS stand for Trade-Related Aspects of Intellectual Property Rights.

26
 History and
YEAR EVENT Evolution of IPR

1856 British implemented the first patent statute in India “On Protections
of Inventions, provided certain exclusive privileges to inventors for
a 14-year term.
1888 The Inventions and Designs Act was introduced to consolidate and
amend previous legislations- 1872 Act for designs and 1883 Act for
patents in conformity with amendments in UK law.
1911 Enactment of the Indian Patents and Designs Act, 1911.
Establishment of Patent Office & The Controller of Patents;
Increase in term of patents from 14 years to 16 years; Product
Patents in all fields of technologies.
1970 Patents Act 1970; only Process patents for food, drugs,
agrochemicals, and alloys. 7 years term for food, drug and 14 years
term for others; compulsory license provisions.
1999 TRIPS Obligations; Filing of application for Product Patents in
areas of drugs, pharma and agro-chemicals allowed as mailbox
applications ; EMR
2002 Introduction of 18 months’ of Publication; Examination of
applications by request; establishment of Intellectual Property
Appellate Board; Uniform term of 20 years irrespective of the field
of invention.
2005 Product patents introduced in the areas of drugs, pharmaceuticals
and agrochemicals; Pre/Post- grant Opposition system
Table 2.3 Evolution of Patents
0Source: https://nja.gov.in/Concluded_Programmes/2017-18/P-
1048_PPTs/1.IPR%20in%20India.pdf)
倲 Industrial Design: The ornamental or aesthetic quality of a product can
be protected as a form of intellectual property through the use of
industrial designs, which are likewise protected under this category. The
term "industrial design" refers to the use of patterns of colour or lines to
give the appearance of depth to a product. According to the Design Act,
a third party does not have the legal authority to sell any product with a
design that is similar to or a copy of the design and nor do they have the
legal authority to import any design that is similar to the original one
without the prior authorization of the owner. Because the design or
display of a product is a basic asset to the business, copies of any design
in any form are not permitted. A breach of this policy would result in
severe consequences for a company. For instance, a GUCCI wallet
includes the brand's logo along with green horizontal stripes that cover
red stripes toward the lower side of the wallet. If another company or an
individual starts selling wallets with a logo that is comparable to the logo
of GUCCI along with vertical stripes of the same colour, then he will be
liable for the violation of THE DESIGNS ACT, 2000. This act was
passed to protect the intellectual property rights of designers and
manufacturers. 27
Foundation of
IPR YEAR EVENT
1872 1872 Patterns & Designs Act
1888 Consolidated as The Inventions & Designs Act
1911 Renamed as Indian Patents & Designs Act
1970 The Patents Act was separated from The Designs Act
2001 2001 Design Act 2000

Table 2.4 Evolution of Industrial Designs

0Source: https://nja.gov.in/Concluded_Programmes/2017-18/P-
1048_PPTs/1.IPR%20in%20India.pdf)

倲 Geographical Indications: Geographical Indications are commodities

that are distinguished by their geographical origin from whence they
were derived. The original territory gives buyers a sense of prestige and
high quality. For instance, Darjeeling Tea is well-known for the many
positive effects it has, such as enhancing immunity, bolstering bone
health, and encouraging healthy skin. The registered proprietors of a
geographical indication as well as an authorized user are granted specific
rights by the registration of the geographical indicator, and they can to
file a lawsuit against anyone who violates the geographical indication.
The preservation of the quality and capability of the product created in a
traditional manner is made possible by the protection of the use of the
geographical name with the products that originate in it. This would
prohibit the adulteration of GI products by foreign producers under the
guise of using the name of GI products. ‘The Geographical Indications of
Goods (Registration & Protection) Act, 1999 (GI Act), and the
‘Geographical Indications of Goods (Registration and Protection) Rules,
2002 (GI Rules) govern the Geographical Indication cases in India.
TRIPS provide International Protection to GI. It comprises two types of
protection, first, protection is provided to all general GI under article 22
and Second protection is provided to wines and spirits under article 23.

YEAR EVENT

1999 Geographical Indications of Goods (Registration & Protection) Act,

1999

Table 2.5 Evolution of GI

0Source: https://nja.gov.in/Concluded_Programmes/2017-18/P-
1048_PPTs/1.IPR%20in%20India.pdf)

Why is it important for companies and businessmen to know intellectual

property rights?
An ideal firm must be knowledgeable about its products; however, if they are
operating on a larger scale, it is much more vital for them to be aware of their
28 rights and the regulations that pertain to the things that they sell. A
corporation can rescue its, business and enhance their financial performance History and
Evolution of IPR
by suing infringers who are diverting their funds or flow of income by
utilizing their unique mark or image in front of the consumers or clients. This
will force the infringers to stop using the distinctive mark or image of the
firm. Today, businesses will file lawsuits against other parties in accordance
with the Patents Act, the Trademark Act, the Copyrights Act, or any other
applicable laws, if they discover that the products or conduct of another
company violate their intellectual property rights.

Check your progress1

1. Discuss the evolution of IPR in India?
…………………………………………………………………………….
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2. Explain the evolution of the following.

 Trademark
 Copyright
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2.6 CONVENTIONS
There are 21 International Treaties in the field of Intellectual properties
that are governed by WIPO. WIPO administers 26 treaties including the
WIPO Convention. Let’s discuss some of the important treaties.
倲 WIPO Convention, 1967
The WIPO Convention, which serves as the foundational document for the
World Intellectual Property Organisation (WIPO), was initially ratified in
Stockholm on July 14, 1967. It did not become operational until 1970, and
was later revised in 1979. The World Intellectual Property Organisation
(WIPO) is an international organisation that became a specialised agency
within the United Nations system of organisations in 1974.

As a result of this Convention, the World Intellectual Property Organisation

(WIPO) was founded with two primary goals in mind: to advance the cause
of intellectual property protection on a global scale and to ensure
administrative cooperation among the intellectual property Unions that have
been established as a result of the treaties administered by WIPO. On May 1,
1975, India was accepted into the club as a member. Geneva, in Switzerland, 29
Foundation of serves as the location of the Organization's main office.
IPR
倲 Paris Convention for the Protection of Industrial Property, 1883
The Paris Convention was passed on March 20, 1883, and it went into
effect on July 7, 1884. It has substantive provisions for national
treatment, right of priority, and common rules, and it provides basic
guidelines for the protection of industrial property such as patents, utility
models, industrial designs, trademarks, service marks, trade names,
indications of source or appellations of origin, and the repression of
unfair competition. As of December 7, 1998, India has adhered to this
convention.
倲 Vienna Agreement Establishing an International Classification of the
Figurative Elements of Marks (1973)
The Vienna Classification is used for trademarks that incorporate
figurative features, and it was established as part of the Vienna
Agreement, which was signed in Vienna in 1973 and revised in 1985. It
is necessary for the classification to serve the objective of making
trademark anticipation searches easier to conduct. There is no longer a
requirement for the nations that are parties to the Vienna Agreement to
create their own national classification or to ensure that an existing
classification is kept up to date.
倲 Hague Agreement Concerning the International Registration of
Industrial Designs (1925)
The Hague Agreement enables design owners to protect their designs
with minimal procedures in numerous countries or regions by allowing
applicants to register an industrial design by filing a single application
with the WIPO. Applicants can register for an industrial design by
clicking here. Because it is feasible to register subsequent changes and
renew international registration through a single procedural step, the
Hague Agreement further simplifies the management of industrial design
registration. This simplification comes as a result of fact that The Hague
Agreement was established.

Both the 1999 Act and the 1960 Act of the Hague Agreement are now
being carried out in their respective jurisdictions. The implementation of
the 1934 Act of the Hague Agreement was put on hold when it was
determined to do so in September 2009.
倲 Berne Convention for the Protection of Literary and Artistic Works,
1886
It was ratified in Berne on September 9, 1886, and went into effect on
December 4, 1887. The Convention on Copyrights is based on three
fundamental principles: national treatment, automatic protection, and
independence of protection. These are the pillars around which the
convention is built. It also has several requirements that determine the
level of protection that must be provided as a bare minimum. On April
1st of that year (1928), it became law in India.
30
India and IPR History and
Evolution of IPR
India is a signatory to the Agreement on Trade-Related Aspects of
Intellectual Property (often known as the TRIPS Agreement), which
demonstrates its participation in the World Trade Organisation (WTO).

In addition, India is a member of the World Intellectual Property

Organisation, which is an international organisation with the mission of
advancing the cause of intellectual property rights protection worldwide.

India is also a member of the following important WIPO-administered

International Treaties and Conventions relating to IPRs:
R Budapest Treaty on the International Recognition of the Deposit of
Microorganisms for the Purposes of Patent Procedure
R Paris Convention for the Protection of Industrial Property
R Convention Establishing the World Intellectual Property Organization
R Berne Convention for the Protection of Literary and Artistic Works
R Patent Cooperation Treaty
R Protocol Relating to the Madrid Agreement Concerning the International
Registration of Marks- Madrid Protocol
R Washington Treaty on Intellectual Property with respect to Integrated
Circuits
R Nairobi Treaty on the Protection of Olympic Symbols
R Convention for the Protection of Phonograms producers Against
Unauthorized Duplication of Their Phonograms
R Marrakesh Treaty to facilitate Access to Published Works by Visually
Impaired Persons and Persons with Print Disabilities.

Check your progress 2

1. How is the WIPO Convention different from Paris Convention?
…………………………………………………………………………….
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2.7 ANSWERS TO CHECK YOUR PROGRESS

Check your progress 1
1. Refer 2.5
2. Refer 2.5
Check your progress 2
1. Refer 2.6
31
Foundation of
IPR 2.8 LET US SUM UP
The topic of intellectual property rights (IPR) is particularly intriguing and its
reach is expanding daily. It is one of the legal specialties that are expanding
the quickest. Before registering a trademark, every industrial or commercial
company uses intellectual property rights (IPR). Before making his own idea,
an inventor needs to be familiar with previous ideas that fall under the same
general category. Before submitting his design to either his own or any other
company, a designer is required to verify it. By utilising copyright, an artist
can protect both his financial advantages and his rights. Through the use of
GI, a vendor in a certain state who sells any goods can protect himself from
infringers in the market. The preceding statement leads us to the conclusion
that the field of intellectual property rights (IPR) is lucrative, and that its
future in India is bright.

2.9 TERMINAL QUESTIONS

1. Discuss the Historical aspect of IPR.
2. Explain Evolution of the following:
 Patents
 Industrial design
 Geographical Indications

2.10 BIBLIOGRAPHY / REFERECES/ WEBLINKS

1. https://www.juscorpus.com/wp-content/uploads/2022/09/32.-Abhishek-
Negi.pdf
2. https://blog.ipleaders.in/need-know-ipr-laws-india/
3. https://legaldesire.com/history-and-evolution-of-ipr/
4. https://nja.gov.in/Concluded_Programmes/2017-18/P-
1048_PPTs/1.IPR%20in%20India.pdf
5. https://lawbhoomi.com/emerging-trends-in-intellectual-property-rights/
6. https://www.lawcolumn.in/evolution-of-intellectual-property-rights/
7. https://www.inspirajournals.com/uploads/Issues/1192479670.pdf
8. https://www.bspublications.net/downloads/05afc26c1e9088_Ch-
1_IPR%202nd%20Ed._Subba%20Rao.pdf
9. https://slideplayer.com/slide/12567339/
10. https://www.lexology.com/library/detail.aspx?g=7045cf52-4a2c-465f-
980b-b5af034e2064
11. Vijay Pal Dalmia, ‘Copyright Law in India- You must know’ (Mondaq,
14 December 2017)https://www.mondaq.com/india/copyright/655852/
copyright-law-in-india--everything-you-must-know (accessed 20
September 2023)
12. Aakarsh Kamra, ‘Global Indiation - Intellectual Property’ (Legal Service
India) https://www.legalserviceindia.com/articles/geoind.htm (accessed
20 September 2023)
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