Introduction to IP,

Patent and Copyright

Module 4
Definition of Intellectual
property
• WIPO (world Intellectual property organization) defines Intellectual
property(IP) as the creation of mind: inventions, literary, and artistic works and
symbols, names, images, and designs, used in commerce.
Examples of intellectual property rights
include:
• Patents • Service marks
• Domain names • Logos
• Industrial design • Trademarks
• Confidential information • Design rights
• Inventions • Business or trade names
• Moral rights • Commercial secrets
• Database rights • Works of authorship
There are 7 different form of IP

3.Geographical
1. Copyright 2.Trade Mark 4.Industrial Design
Indication

6.Layout 7. Protection of
5.Patents Design(Topographies) Undisclosed
of Integrated circuits Information.
 Patent:
A patent is a form of intellectual property that grants its owner exclusive
rights to an invention for a limited period, usually 20 years from the filing
date. In exchange for these exclusive rights, the inventor must disclose the
details of the invention to the public, contributing to the body of knowledge
in that particular field.

Example: Apple's Face ID , Google's Self-Driving Navigation ,Amazon's Drone Delivery,

Nike's Self-Lacing Shoes, Dr. Reddy's Anti-Cancer Drug , Ayurvedic Medicine Formulation, Mahindra's Electric
Vehicle Charging System , Flipkart's E-commerce Search Algorithm, Indian Railways' Ticketing System.
Copyright:
Copyright is a legal right that grants the creator exclusive rights over their original
works of authorship, preventing unauthorized use. Copyright protects the original
expression of ideas, covering literary, artistic, and musical works.

Examples:

• Films and Songs: Copyright protects scripts, songs, and movie content.

• Literary Works: Novels, poems, and essays are protected by copyright.

• Artistic Works: Paintings, sculptures, and photographs are covered.

• Software Code: Computer programs are protected by copyright.

• Television Shows and Serials: Scripts, characters, and episodes are copyrighted.
Trademark:

A trademark is a
recognizable sign, logo,
symbol, design, or
expression that
distinguishes products or
services and is legally
protected from
unauthorized use.
Industrial Design:
Industrial design protection covers the visual design of objects, focusing
on the aesthetic and ornamental aspects.
Trade secrets:

Trade secrets are confidential and proprietary information that provides

a business with a competitive advantage. Unlike patents, trademarks, or
copyrights, trade secrets are not publicly disclosed.

Ex: Coca Cola’s Formula, Google search Algorithm

Intellectual property V/S Physical property

Property is categorized into two types namely Physical and Intellectual.

Physical Property Intellectual Property
Exists in physical shape and is tangible Intangible in nature.
Invariable includes physical resources such as
metals, construction materials etc Purely creation of human mind

Private in nature i.e. belongs to natural or legal

Both private and public in nature
person.
Available in limited quantity worldwide Can be created without an end.
Physical properties includes buildings, Intellectual Property can be owned, bought,
automobiles etc sold, rented and protected.
 • Exclusive rights on the use of IP is the biggest
Importan motivational behind creation. Investors and artists are
encouraged .

ce of • It is the primary means of wealth creation in the

Intellectu
society.

• Customers are able to enjoy the improved goods and

al services and are exposed to fabulous arts and literary
works.
property • Business organizations are able to generate profit
through increased revenue and profit.

• Ip leads to cost saving in the society through better

production and saving the limited resources.
Classificat
ion of
Property
Trade Policy Reviews
• For ensuring transparency
• Transparency is ensured in two ways
• Government have to inform the WTO and the fellow members of specific
measures, policies or laws through regular notifications
• WTO conducts regular review of individual countries trade policies
• Frequency of review depends on size of the country (in terms of their
share of world trade)
• European Union, USA, Japan and Canada are examined once every
two years
• Next 16 countries are examined every four years
• Remaining countries are reviewed every six years
Agreement on Trips
• Aimed at doing way with the impediments to international trade
• Take into account the need for promoting effectiveness and
adequacy of protection of intellectual property rights
• Supports logic that the steps taken in the direction of enforcing
property rights do not emerge as the barriers to trade
Agreement on Trips continued…
• Agreement on TRIPS emphasized for the need for new rules that include
1. The applicability of the basic principles of GATT along with the relevant
international intellectual property agreements and conventions
2. Providing adequate standards and principles encompassing the
availability, scope and use of trade related intellectual property rights
3. Providing effective and appropriate means for enforcing of trade
related intellectual property rights by factoring in the differences in
legal systems across the nations
4. Proving effective and prompt procedures for preventing the disputes
between governments and putting in place the mechanism of dispute
settlements
Fundamentals of
Patent
Definition of Patent:
● A patent is “an intellectual property right relating to inventions and
the grant of exclusive right, for limited period, provided by the
Government to the patentee, in exchange of full discloure of his
invention, for excluding others, from making, using, selling, importing
the patented product or process producing that product for those
purposes”.
● A patent is an exclusive right granted by a country to the inventor,
allows the inventor to make, use, manufacture, and market the
invention.
● Patent is a territorial right, i.e. the patent is granted by respective
countries for enforcement in their nation. 16
Exclusivity and Limited Period:
● Exclusivity means that no one else can use, make, manufacture,
or market the invention without the patent holder's consent.
● This exclusive right is available for a limited period of time,
typically 20 years.

Impact of Other Laws:

● Other laws related to health, safety, food, security, etc., may
affect the use or exploitation of a patent.
● Existing patents in similar areas can also pose challenges.
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Property Rights and Transferability:
● A patent is considered a property right and can be
gifted, inherited, assigned, sold, or licensed.
● However, the government can revoke the patent under
special circumstances.
Territorial Nature:
● Patent rights are territorial, requiring inventors to file
separate applications in countries of interest.

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Encouragement of Scientific Research and Innovation:
● The objective of Patent Law, as per the Supreme Court, is to
encourage scientific research, new technology, and industrial
progress.
● Granting exclusive privileges stimulates new inventions.
Monopoly and Public Disclosure:
● The grant of a monopoly is the price for the disclosure of the
invention to the public.
● After the monopoly period, the invention becomes part of the
public domain.
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Incentives for Inventors:
● Patents provide incentives to individuals by offering recognition
for their creativity and material rewards for marketable
inventions.
Exchange for Exclusive Rights:
● In exchange for exclusive rights, inventors must adequately
disclose the patented invention to the public.
Essential Consideration in Patent Granting:
● The disclosure of the invention is a crucial aspect of any patent
granting procedure.
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21
Conditions for Grant of Patent:

Novelty: In order to pass the novelty test, your invention must be new and have not
been disclosed publicly prior to the file date of your patent application. It should not be
part of the prior art or existing knowledge. A comprehensive patent search assists in
establishing the originality of an invention.

Non-Obvious: The inventive step test, also known as the non-obviousness test, assesses
whether your invention represents a substantial advance or departure from extant
knowledge or practices. It should not be a solution that a knowledgeable individual in
the relevant field could have readily conceived.

Industrial Applicability: The industrial applicability test ensures that your invention has a
practical application and can be manufactured or utilised in any industry or business. It
should provide tangible benefits and perform a practical function.
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Inventions that are not patentable (under Section 3 of the Patents Act, 1970 in India)

Frivolous or Contrary to Natural Laws:

● Examples include perpetual motion machines, machines producing output without input, and
machines claiming 100% efficiency.
Contrary to Public Order or Morality:
● Inventions contrary to public order or morality, causing serious prejudice to human, animal, or
plant life, or the environment are not patentable.
● Examples include devices for theft, counterfeiting currency, gambling, or inventions violating
social and cultural norms.
Discovery of Scientific Principles:
● Mere discovery of a scientific principle, abstract theory, or living/non-living substance occurring
in nature is not patentable.
● Exceptions are if the discovery leads to practical application in the manufacture of a substance
or article.
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Inventions that are not patentable (under Section 3 of the Patents Act, 1970 in India)
New Forms of Known Substances:
● Mere discovery of a new form of a known substance without enhancing efficacy is not patentable.
● Salts, esters, ethers, polymorphs, etc., are considered the same substance unless they significantly
differ in properties with regard to efficacy.
Mere Admixture of Substances:
● Mere admixture resulting only in the aggregation of properties is not patentable unless it exhibits
synergistic properties.
Arrangement or Duplication of Known Devices:
● Mere arrangement or duplication of known devices functioning independently is not patentable.
● A new combination must produce a new result or a better/cheaper article.
Method of Agriculture or Horticulture:
● Methods of agriculture or horticulture are not patentable.
Treatment of Humans or Animals:
● Processes for medicinal, surgical, curative, prophylactic, diagnostic, or therapeutic treatment of
humans or animals are not patentable. 24
Inventions that are not patentable (under Section 3 of the Patents Act, 1970 in India)

Plants, Animals, and Biological Processes:

● Plants and animals in whole or part, seeds, varieties, species, and essentially biological
processes for their production or propagation are not patentable.
Mathematical or Business Methods, Computer Programs:
● Mathematical methods, business methods, computer programs, and algorithms are not
patentable.
● Claims related to computer programs are examined to determine if they are computer
programs per se.
Aesthetic Creations:
● Literary, dramatic, musical, artistic works, cinematographic works, and other aesthetic
creations are not patentable but fall under copyright protection.
Mental Acts or Games:
● Schemes, rules, methods of performing mental acts, or playing games are not
patentable. 25
Inventions that are not patentable (under Section 3 of the Patents Act, 1970 in India)
Presentation of Information:
● Any presentation of information is not patentable.
Topography of Integrated Circuits:
● The topography of integrated circuits is not patentable, as it is covered under the
Semiconductor Integrated Circuit Layout Designs Act.
Traditional Knowledge:
● Inventions that are traditional knowledge, aggregations, or duplications of known properties
of traditionally known components are not patentable.

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Temporal and Spatial Aspect of Patent

● Patent’s time and space parameters

● Term of every patent is 20 years from the date of filing of patent
application
● the patent is a territorial right, i.e. it is valid only within the
country in which it is granted.
● There is no term like 'world patent.

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RIGHTS OF PATENTEE

● The Patent Act, 1970 and subsequent amendments in case of Product

Patent provide patentee (patent holder/s) exclusive right to prevent
others from performing, without authorization, the act of making,
using, offering for sale, selling or importing that product for using or
sale for 20 years from the date of grant of product patent.
● In case of Process Patent, the Patent Act provides the patentee
exclusive right to exclude others from performing, without his
authorization, the act of using that process, using and offering for
sale, selling or importing for those purposes, the product obtained
directly by that process in India for 20 years from the date of grant of
process patent.
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Patent Office and Register of Patent
● The head office of Patents is at Kolkata
● It has branch offices at Mumbai, Chennai and New Delhi.
● The Controller of Patents, Designs and Trade Mark is the Controller of Patents.
● Each Patent Examiner has own area of expertise and keeps him/her updated regarding
inventions and developments in that particular field.
● The Patent Examiner does the three basic checks to examine the patentability of the invention.
● The Patent office also maintains Register of Patent, in which all particulars of the patentee,
viz. the name and address of patentee, the title of the invention, the date of the patent, the date
of sealing and the official number of the patent are mentioned.
● It also makes entry of assignment, transfers or revocation of Patents, if any. It is an important
legal document in the sense that in case or Patent dispute this is taken as prima facie evidence
admissible in the court of law.
● It is open to public inspection. In case of any error, it may be rectified only by the order of the
Controller.
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Rights of Patentee:
1. Exclusive Use: The patentee has the exclusive right to make, use, sell, and import the
patented invention during the patent term.
2. Monopoly Control: Enjoying a temporary monopoly, the patentee can prevent others
from using, making, or selling the patented technology without permission.
3. Enforcement Authority: The patentee can enforce their rights by taking legal action
against infringers, seeking remedies such as injunctions and damages.
4. Licensing Privilege: The patentee may license others to use the patented invention,
allowing for revenue generation through royalties.
5. Commercialization: The patentee has the right to commercialize the patented
technology, bringing products or services to the market.
6. Defensive Use: The patentee can defensively assert their patent to counter
infringement claims or challenges.
7. Protection Against Unauthorized Use: The patentee has the right to prevent
unauthorized use, safeguarding their innovation and market position. 30
Conclusion:

Overall, the patent system is designed to balance the

interests of inventors, encouraging innovation, and the
public, ensuring that new knowledge becomes part of
the public domain after a certain period of exclusivity.

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Copyright: Different classes
• Copyright (or author's right) is a
legal term used to describe the
rights that creators have over
their literary and artistic works.

• There are six different types of

copyright works.
Literary Works
• The Literary Works includes the original or unique creation of
literature, which can be in any form like a work of fiction, technical
books or paper, biography, dramatics, thesis, script, research work,
compilation, tables, and computer programs including computer
databases.
• It can be claimed regardless of the style, quality, or literary merit of
the work.
Dramatic Works
• The Dramatic Works includes any arrangement of acting a play, or a
part for recitation, or choreographing work or dumb show
entertainment, a picturesque arrangement, or acting work based on
a fixed writing work.
• Dramatic works does not include any type of cinematograph films.
Musical Works
• A Musical Work is a distinct work that is copyrightable in itself.
• The Musical Works does not include any sound or lyrics. Though
the works related to sound recordings are dependent on the
musical works, but for the protection of Musical Works, a separate
application is required to be moved with the Copyright Office for
the Registration of such musical work.
• The author of a sound recording is not required to take any
permission from the author of a Musical Work.
• For enjoying Copyright protection for a Musical Works, it is not
required that the Musical Work is written down.
Artistic Works
• protection of copyright in artwork exists in an original artistic work
comprising of sculptures, paintings, cartoons, graphics, lithographs,
etchings, drawings, plans, photography, diagrams, models of
buildings, charts, buildings, maps, molds and casts for sculptures.
Cinematograph Films
• A cinematograph film is a work of visual recording together with the
sound recordings accomplished by any process, whether digital or
analogous, including the video films.
• It also includes visual recording in any medium and by any way of
storing such visual recording.
• As per the definition of cinematograph films, every single recorded work
with moving images or visuals will be considered a cinematograph.
Sound Recordings
• A Sound Recording comprises of any work of sound recording
irrespective of its storage medium.
• The songs which contain singers voice with or without music, a recorded
speech or an audio, or podcast is the examples of sound recording.
• In case the sound recording also contains music, so the permission from
the author of musical work is required to be obtained for the Copyright
protection of the sound recording.
Meaning of Publication
• The meaning of publication as per The Copyright Act, 1957 is
making a work available to the public by issue of copies, or by
communicating the work to the public.
• In case of infringement of copyright, the work will not be
deemed to be published.
• Section 5 of The Copyright Act, 1957 states that in case a work
is published simultaneously-one in India and other abroad, the
work published in India shall be deemed to be first published in
India; unless the other country provides a shorter term of
copyright for such work and the gap of publication date
between the two countries is less than thirty days.
Ownership of copyright
• The initial owner of the copyright is the person who does the creative work. If you wrote
the book or took the photograph, you are the copyright owner.
Literary, Dramatic, Artistic Work
• Under Section 17 (a) of the Copyright Act, 1957, where any literary,
dramatic or artistic work is made by an author in the course of his/her
employment or service by the owner of a magazine, newspaper or similar
periodical under a contract of service or traineeship, for the purpose of
publishing the work of an author in a newspaper, magazine or any such
periodical, etc., the owner, in the absence of any prior agreement to the
contrary, will be the first owner of the Copyright of the work of the author.
• The rule, as mentioned above, applies so far as it relates to the publishing of
the work in the magazine, newspaper, etc. or the reproduction of the work for
the purpose of work being so published. But in all other cases, the author will
be considered the first owner of the Copyright.
Photograph,
Painting, • As per Section 17 (b) of the
Copyright Act, 1957, the cases where
Portrait, a painting or portrait is drawn, or where
a photograph is taken, or an engraving
Engraving or cinematographic film is made for a
Or valued consideration at the instance of
any such person, in the absence of any
Cinematogr prior agreement to the contrary, the
person who paid valuable consideration
aphic Film will be the first owner of the Copyright.
Work Made In The Course Of Employment

• The Copyright Act, 1957, as per Section 17

(c), provides that in the case where a work is made by the
author in the course of employment under a contract of
service or traineeship, the employer or proprietor (not being
proprietor or owner of a magazine, newspaper or similar
periodical), in the absence of any prior agreement to the
contrary, is the first owner of the Copyright.
 Under Section 17 (d) of the
Copyright Act, 1957, in the
Governme case of any government work, in
nt Work the absence of any prior
agreement to the contrary, the
government will be the first
owner of the Copyright.
 Work • As per Section 17 (dd) of
Made On the Copyright Act, 1957,
in the case where any work
Behalf Of is made or first published by
or as per the control or
A Public direction of any public
undertaking, in the absence
Undertaki of any agreement to the
contrary, such a public
ng undertaking will be the first
owner of Copyright.
 Licensing is defined under section 30 of
the Indian Copyrights Act (ICA). According
to Section 30 and 31 of ICA:
The owner of the copyright in any existing work
or the potential owner of the copyright in any
future work may grant an interest in the right by

Licensi
license in writing signed by him or by one of his
duly authorized agent.
Examples:

ng • Book form made into film

• Book converted to drama
Conti……
Internet and Copyright Issues
• Individuals and organizations have access to plethora of information
on internet.
• Using any piece of these resources without acknowledging the source
may amount to copyright infringement .
• The general perception is that if there is copyright warning or the
copyright symbol is mentioned, then only it is copyright protected.
• It is not so, any content created by the rightful owner on the internet
is copyright protected, irrespective of the copyright warning.
• The Government of India has made two major laws, Copyright Act,
1957 and Information Technology Act, 2000 to ensure copyright
protection and also to facilitate secure electronic communication and
commerce in the country.