Unit-3

INTELLECTUAL
PROPERTY
LEGISLATION

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 WIPO ( World Intellectual Property
Organization ) was established by
the WIPO Convention in 1967

TheWIPO is a specialized agency of

the United Nations.
It promote the protection of IP
throughout the world.

 Its headquarters are in Geneva,

Switzerland

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 What is intellectual property?

Intellectual property (IP) refers to the

ownership of an idea or design by the person
who came up with it.

It gives a person certain exclusive rights to a

distinct type of creative design, meaning that
nobody else can copy or reuse that creation
without the owner's permission.

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 Intellectual Property is something produced
using human intellect which has commercial
value.

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Definition of intellectual
property
 Intellectual property rights refers to the
general term for the assignment of
property rights through patents,
copyrights and trade marks. These
property rights allow the holder to
exercise a monopoly on the use of the
item for a specified period.

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Types of intellectual properties

 Patents
 Copyrights
 Trademarks
 Industrial design
 Geographical indications, and
 Trade secret
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 Patents

• It is covered under the Act called the Patents

Act,
1970 [Amended by Patents Act, 2005]

• It is a monopoly right granted to a person, who invented a new

product or process of making an article, for 20years under the
Indian Patens Act, 1970,

• It can be renewed after expiration of period.

• A patent has to be applied in each country by the
inventor, to claim his rights in that country.

 An exclusive right granted by a country to the

owner of an invention to make, use, manufacture
and market the invention

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 Patent Offices are located at Kolkata,
Mumbai, Chennai and Delhi to deal with
the applications for patents.

 Patent Information System (PIS) &

Intellectual Property Training Institute
(IPTI) located at Nagpur.

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 JAI P UR :Drawing
inspiration from
scientist Stephen
Hawking, a
wheelchair-bound
nine-year-old boy
here has invented a
game of six-player
circular chess. The
boy, Hridayeshwar
Singh Bhati h a s got
the game's design
patented in his name.
13
 Copyright

• Copyright is a legal concept, enacted by most

governments, that grants the creator of an original
work exclusive rights to its use and distribution.

 A right, which is available for creating an original

literary or dramatic or musical or artistic work.
.
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 Copyright refers to the legal right of the owner of
intellectual property.

 In simpler terms, copyright is the right to copy.

 This means that the original creator of a product and

anyone he gives authorization to are the only ones
with the exclusive right to reproduce
the work.
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 Examples of unique creations include computer
software, art, poetry, graphic designs, musical lyrics
and compositions, novels, film, original
architectural designs, website content, etc.

 One safeguard that can be used to protect an

original creation is copyright.

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 In India, The Copyright Act, 1957 as amended in
1983, 1984, 1992, 1994 and 1999 is available

 Registration can be done at the Office of the

Registrar of Copyrights in New Delhi.
 Protection for the expression of an idea and not for
the idea itself.

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 How Long Does Copyright
Last?

 In the U.S., an original owner is protected by

copyright laws all his life until 70 years after his
death.

 But copyright protection varies from country to

country, and can stand for 50 to 100 years after the
individual’s death, depending on the country.

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Literary Films Dramatic

Musical Artistic Sound

Recording
 Case Studies
• Bangalore Aug 10, 2003: Banashankari police arrested three
software engineers for illegally copying software from a company
they were working for.

• Chennai, February 2000: Pirated software worth Rs.1.11 crore (US$

253,200) was seized by the Chennai police. A total of 6 employees
were arrested which included the Managing Director of one
outlet and proprietors of each of the outlets.
 Trademark

 Trademark can be a word, name, brand, symbol,

label etc., used by a company to create a unique
identity for their product.

 Trademark can be registered, and then use

™ ®.

 The registration validity is for 10 years and

renewable after expiry.
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 It is covered under the Act called the
Trade Marks Act, 1999.

 The Act came into effect on

Se ptember 15, 2003.
 It replaced the Trade and Merchandise
Marks Act, 1958.

 It extends to the whole of India.

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 Different Symbols are :

™ - Intent to use application filed for

product
 SM - Intent to use application filed for
services
® - Registered trademark

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◾ Trademark is valid for 10 years & it
can also be renewed.

◾ Se rvice mark Rights are reserved

exclu sively for owners for 17 year & it can
also be renewed.

◾ A trade mark is used as a marketing tool so that

customers can recognize the product of a particular
trader. 25
Trademarks

Name

Logotype

Symbol

Slogan

Shape

Color
 Industrial design

 Design deals with features, shapes, patterns, etc.,

applied to an article by an industrial process,
manual or mechanical.

 Designs can be registered based on its

originality, henceforth they can use ® or
registered, with registration number.

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 It makes an article attractive and appealing;
hence, they add to the commercial value of a
product and increase its marketability

 Applicants can file a single international application

either with WIPO or the national or regional office of a
country.

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 The design should be new or original, not
previously published or used any country
before Registration. in

 Total term of a registered design is 10 years + 5

years Extended Period.

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 Geographical Indication

 A sign used on goods that have a specific

geographical origin and possess qualities or a
reputation due to that place of origin.

 Registration of a GI: 10 years & renewable.

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 The Geographical Indication of Goods (Registration
and Protection) Act came into being in 2000.

 Imprisonment for a term between 6 months to 3 years

and a fine between 50000 rupees to 2 lakh rupees in
Act.

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 Geographical Indication of Goods (Registration
and Protection) Act 1999.

 It is typically used for agricultural products,

food and wine, handicrafts.

 Eg : Mysore silk, Darjeeling tea etc

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 Trade secret

 It refers to any valuable information not known to

the society or the competitors.

 Eg: method of manufacturing, receipies

 It need not be anything unique or complex. But

must give a competitive advantage over others.

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 There is no formalities required to get the trade
secrets rights.

 It is protected by contractual agreements between the

parties.

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&

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 TRADE SECRET

A typical example is Coca-Cola. This soft drink was

invented in 1886 and was never protected by a
patent, only by a trademark (for the name Coca-Cola)
and by an industrial design (for this very special
design of the Coca-Cola bottle, supposed to be in the
shape of a woman wearing a long skin-tight dress).

The process of the Coca-Cola drink is secret and is

only known by two persons in the world. They are
not allowed to travel together, so that there is no
chance of them dying at the same time in an
accident. The secret of the Coca-Cola process was
well kept during all these years, and nobody is able
to produce a drink with exactly the same taste still
today. You all know that Pepsi Cola, its biggest 38
competitor, has a different taste.
 FOR MOST PRODUCTS
EVERY FORM OF
INTELLECTUAL PROPERTY
RIGHTS CAN BE OBTAINED
CAMERA

“PATENT”  For every individual improved

mechanism

“DESIGN”  For outer shape & Contour /

Configuration

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

® 38
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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THANKS

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