LEGAL ASPECTS OF BUSINESS

INTELLECTUAL PROPERTY
By: L001- Hitakshi Arora
L006- Yash Bhakkad
L007- Varun Borkar
L010- Avinesh Ganguly
L012- Abhinaba Guha Ray
L016- Shreya Jain

Intellectual Property, "IP", refers to

products resulting from a person's
creativity or ingenuity.
The government recognizes that
person's ownership in those
products and grants to those
creators particular rights, which are
treated as 'personal property.
.

TYPES OF PROPERTY
Movable
Property
- Car
- Pen
- Furniture
- Dress

Immovable
Property

Intellectual
Property

- Land
- Building

- Literary
works
- Industrial
Property

FORMS OF INTELLECTUAL
PROPERTY

Industrial Property

Literary and Artistic Work

Protected by
Copyrights

Protected by
Patented objects
Trademarks
Industrial designs
Trade secrets
Layout designs
Geographical indications

NATURE OF INTELLECTUAL PROPERTY

Creation of human
mind (Intellect)

Intangible property

Exclusive rights given

by statutes

Attended with
limitations and
exceptions

Time-bound

Territorial

BASIC PRINCIPLE
Contract between creator and sovereign state
Protection for revelation
Balance between rights of creator and public
interest

IP LAWS OF INDIA
ACT

MINISTRY/DEPARTMENT

The Copyright Act, 1957

Higher Education

The Patents Act, 1970

Industrial Policy & Promotion

The Designs Act, 2000

Industrial Policy & Promotion

The Trade Marks Act, 1999

Industrial Policy & Promotion

The Geographical Indications of Goods (Registration and

Protection) Act, 1999

Industrial Policy & Promotion

The Semiconductor Integrated Circuits Layout-Design Act,

2000

Information Technology

The Protection of Plant Varieties and Farmers Rights Act,

2001

Agriculture and Cooperation

MAJOR TYPES OF IP
Functional & Technical
Inventions

Patents Act, 1970

Amended
in 1999 & 2005

Purely
Artistic works

Copyright Act,
1957
Amended in1982,
1984, 1992,
1994 & 1999

A symbol, logo, word, sound,

color, design, etc.

Trademark
Act, 1999
Amendedin 1994,
1996 & 2000

AUTHORITY
Indian Patent Office is administered by the Office
of the Controller General of Patents, Designs &
Trade Marks (CGPDTM).
This is a subordinate office of the Government of
India and administers the Indian law of Patents,
Designs and Trade Marks.

PATENTS

PATENTS
(1)

It is covered under the Act called the Patents Act, 1970 [Amended
by Patents Act, 2005]

(2)

It extends to the whole of India.

(3)

It shall come into force on such date as the Central Government

may publish, by notification in the Official Gazette.

PATENTS
Definition:
A patent describes an invention for which
the inventor claims the exclusive right.
Invention Patenable If.....
New (Novel)
Useful
Not Obvious
Pertains To Patentable
Subject Matter

WHAT CAN BE PATENTED?

Novelty

Inventive Step

Industrial Application

Invention not known to

public prior to claim by
inventor

Invention would not be

Invention can be made
obvious to a person
or used in any useful,
with ordinary skill in the
practical activity as
art
distinct from purely
intellectual or aesthetic
one

WHAT CANNOT BE PATENTED?

Inventions
Newtons laws of gravitation
device for house-breaking
Superconducting Phenomenon
New use for a known substance
A soft drink that is only a mixture of sugar
and some colorants in water
A Clock and radio in a single cabinet

TRADEMARKS

TRADEMARK
1.

It is covered under the Act called the Trade Marks Act,

1999.

2.

The Act came into effect on September 15, 2003. It

replaced the Trade and Merchandise Marks Act, 1958.

3.

It extends to the whole of India.

4.

It shall come into force on such date as the Central

Government may publish, by notification in the Official
Gazette

TRADEMARKS
A symbol, logo, word, sound, color, design, or other
device that is used to identify a business or a product in
commerce.
Different Symbols are :
Intent to use application filed for product
SM
Intent to use application filed for services
Registered trademark

DURATION OF TRADEMARK
Validfor 10 years from the date of application
May be renewed for further period of 10 years on
payment of prescribed fees
Service mark Rights are reserved exclusively for
owners for 17 year & it can also be renewed

APPLICABILITY OF TRADEMARK
A trademark is a sign Used on, or in
connection with the marketing of goods or
services.
Used on the goods means that it may appear
not only on the goods themselves but on the
container or wrapper in which the goods are
when they are sold.

SM

REGISTRATION OF TRADE MARK

Trade Marks are registered by national trade mark
registries and are valid in that country
Registration is made after examination and
publication
Period of registration is for 10 years but can be
renewed indefinitely

KINDS OF TRADEMARKS

WELLKNOWN

MARKS

Coca Cola for soft drink

Toblerone (Triangularshaped chocolates)
TRADE NAMES
Godrej- Furniture, Refrigerators, Storewell, Compactor e tc

GE- Bulbs

TRADEMARKS
Name

Logotype

Symbol
Slogan

Shape
Color

COPYRIGHTS

COPYRIGHT
TheIndian CopyrightAct,1957 governs the system of copyrights
inIndia.
[Amended in 1982, 1984, 1992, 1994 & 1999]
Meaning : It is a right which Grants protection to the unique
expression of Ideas.

WHAT IS COVERED BY COPYRIGHT?

Literary
Musical

Films

Dramatic

Artistic

Sound
Recording

WHAT IS NOT COVERED BY COPYRIGHT?

Ideas

Facts

Works lacking
originality (e.g.
The phone book)

Recipes

Names, titles or
short phrases

REGISTRATION PROCEDURE
Register a copyright by completing a simple application form, along
with the appropriate fee
Need not send a copy of your work,
It may appear with the same title, but if each work has been created
independently, each will have its own copyright protection.

FAIR USE
Gives permission to use copyrighted materials if certain criteria are
met
Protects freedom of speech
Promotes public benefits like education.

INDUSTRIAL DESIGN

INDUSTRIAL DESIGNS
An industrial design constitutes the ornamental or
aesthetic aspect of an article.
A design may consist of three-dimensional
features, such as the shape or surface of an
article, or of two-dimensional features, such as
patterns, lines or color.

GEOGRAPHICAL INDICATIONS

GEOGRAPHICAL
INDICATIONS
Geographical indications and appellations of origin
are signs used on goods that have a specific
geographical origin and possess qualities, a
reputation or characteristics that are essentially
attributable to that place of origin.
Most commonly, a geographical indication
includes the name of the place of origin of the
goods.
E.g. Alphonso, Basmati

REGISTRATION
In India, geographical indications have to be
registered
Geographical Indications Registry examines and
publishes the application before registration
Registration is valid for 10 years but can be
renewed indefinitely

RIGHTS
Exclusive right to use the Geographical Indication
on the goods
Right to obtain relief for infringement of the
Geographical Indication

TAKE ACTION AGAINST

INFRINGEMENTS

WHAT CONSTITUTES INFRINGEMENT?

Any reproduction, use , distribution, performance, etc. of the work
without the permission of the owner
An identical or substantial similar reproduction is also covered

PATENT INFRINGEMENT
The Indian Patent Act does not specifically define
activities that constitute infringement of patent
rights
Section 48, confers exclusive rights upon the
patentee to exclude third parties from making,
importing, using, offering for sale or selling the
patented invention
Violation of aforementioned monopoly rights would
constitute infringement of patents

COPYRIGHT INFRINGEMENT
It is the use ofworksprotected bycopyright
lawwithout permission, infringing
certainexclusive rightsgranted to the copyright
holder, such as the right to reproduce, distribute,
display or perform the protected work, or to
makederivative works
Copyright holder is typically the work's creator, or
a publisher or other business to whom copyright
has been assigned

TRADEMARK INFRINGEMENT
When a registered trademark is used by a person
who is neither a registered proprietor nor the
licensee of the registered trademark in relation to
the goods and services for which it is registered
Violation of the exclusive rights granted to the
registered proprietor under the Trade Marks Act,
1999 to use the same in relation to the goods or
services in respect of which the trademark is
registered

TRADE SECRET MISAPPROPRIATION

When a person obtains a trade secret improperly
(such as by theft, bribery, or breach of a
confidentiality agreement) or publishes it, knowing
that someone else acquired it improperly, he or
she has "misappropriated" the trade secret
The trade secret owner must exert reasonable
efforts to maintain the secrecy of this information,
or it ceases to be a trade secret

WIPO
WIPO ( World Intellectual Property Organization ) was established by
the WIPO Convention in 1967
The WIPO is a specialized agency of the United Nations
It promote the protection of IP throughout the world
Its headquarters are in Geneva, Switzerland

INTERNATIONAL
CONVENTIONS
Paris Convention for
Protection of Industrial
Property, 1967 (1989)

Berne Convention for the

Protection of Literary and
Artistic Works, 1971 ( 1990)

Trade-related aspects of
Intellectual Property
Agreement, 1994 ( 1995)

Wipro Copyright Treaty

(Digital Agenda)

Patent Cooperation Treaty,

2004

TRIPS 1994 (1995)

Additional to Paris and Berne
Most favoured nation treatment
Strong enforcement procedure

TRIPs- INDIA
India is a signatory of TRIPs in the Uruguay Round agreement of
1994.It is now bound to amend her existing laws in order to make
it to make it TRIPs-compliant.
The government has initiated action to bring in the requisite
changes. In the last few years, India has enacted fully TRIPscompliant Trademarks Act, Copyright Act, Designs Registration
Act, Geographical Indications Act and Protection of Layouts for
Integrated Circuits Act.
A novel Plant Varieties Protection and Farmers Rights Act 2001
and the Bio-diversity Act 2002 are also in Place.

IMPORTANCE
a) To provide incentive to the individual for new
creations.
b) Providing due recognition to the creators and
inventors.
c) Ensuring material reward for intellectual property.

d) Ensuring the availability of the genuine and

original products

CASE STUDY
Patency: Pfizer v/s Cipla

DRAWBACKS OF PATENCYPFIZER V/S CIPLA

HIV-AIDS epidemic in Africa
Pfizer: manufacturer of ARV cocktail drugs to cure HIV Aids
Pfizer sold drugs at the cost of 10,000$, per patient, per year
The company didnt allow manufacturing of low cost generic
drugs as it held the patent
10 million people died due to the greed of the company and
patent laws
Cipla, broke patency laws and made low cost drugs which were
available at 350$, per patient, per year
Patents can be used to protect large profit margins of MNCs and
used benefitting the personal profits at a huge humanitarian cost

BIBLIOGRAPHY
http
://www.wipo.int/wipolex/en/profile.jsp?code=
IN
http://www.ipindia.nic.in
http://iprlawindia.org
http
://indiainbusiness.nic.in/newdesign/index.p
hp?param=investment_landing/267/
3
https://en.wikipedia.org/

THANK YOU