Intellectual property

rights
 INTELLECTUAL PROPERTY
 Intellectual property rights are like any other property
rights –

 They allow the creator, or owner of a patent, trademark,

or copyright to benefit from his or her own work or
investment.

 These rights are outlined in Article 27 of the Universal

Declaration of Human Rights, which sets forth the right

 To benefit from the protection of moral and material

 Intellectual property

INDUSTRIAL PROPERTY + COPY RIGHT

PATENTS DESIGNS TRADEMARKS Geographical

Indications

Copy Right
 Music
played on
the CD
player is
Industrial design protected
protection for 3D shape by
copyright

Various
technical
parts &
Brand name- registered
mechanisms
under trademark are subject
mater of
protection
under Patents
Definition:
“ An exclusive right to use or exercise on
invention granted to a person for a limited
period in consideration of the disclosure of the
invention”.
A Patent Term is usually for 20 years.
• The first Indian Patent laws were first promulgated in
1856 which are modified from
time to time.
• New patent laws were made after the independence in
the form of the Indian Patent
Act 1970.
• The Act has now been radically amended to become
fully compliant with the provisions of TRIPS.

•The most recent amendment were made in 2005 which

were preceded by the amendments in 2000 and 2003.
 File application in the patent office

Provisional/ complete specification should be filed

Acceptance of specification

Publication of application

Request for examination of application

Report of examiner

objectio
approval n
Amendment of objections Division of application

PATENT IS GRANTED
• 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.

• Trade mark is designated by the following

symbols.
• TM (For an unregistered trade mark)
• SM(For an unregistered service mark)
 A word, letter or design
 If it is a word then it should be easy to speak
 Spell and remember
 Invented or coined word
 It should be unique
 Following are the salient changes in the New INDIAN TRADEMARK ACT.
 The Designs Act(ID), 2000 and the Designs Rules, 2001 are
governing the India's design law.

 Under the Designs Act, 2000 the "article" means any article of
manufacture and any substance, artificial, or partly artificial and
partly natural; and includes any part of an article capable of being
made and sold separately

 Indian Design Act(ID), 2000 provides ten years protection to

the registered designs. The protection may be extended for
another five years at the request of the design rights holder.

 India has adopted the 'first to file' system.

 Sec 2(i) The design should be new or original, not previously
published or used in any country.

 The design should relate to features of shape, configuration,

pattern or ornamentation applied or applicable to an article.
Thus, designs of industrial plans, layouts and Installations are
not registrable under the Act.

 It should not comprise or contain scandalous or obscene

matter.
 Normally, designs of artistic nature such as painting,
sculptures and the like which are not Produced in bulk by any
industrial process are excluded from registration under the
Act.

 Sec2,(i)clause-v The features of the designs in the finished

article should appeal to and are judged solely by the eye. This
implies that the design must appear and should be visible on
the finished article, for which it is meant.

 The design should not include any trademark or property mark

or artistic works.

 It should be significantly distinguishable from known designs

or combination of known designs.
 What is a geographical indication?
 A geographical indication is a sign used on goods that
have a specific geographical origin and possess qualities
or a reputation that are due to that place of origin
 Most commonly, a geographical indication consists of
the name of the place of origin of the goods. Agricultural
products typically have qualities that derive from their
place of production and are influenced by specific local
factors, such as climate and soil
 Geographical indication may be used for a wide verity of
product where the natural, agricultural or manufacturer

 Examples of Geographical Indications :

 “Swiss” for watches produce in Switzerland
 “Darjeeling Tea” for tea produce in Darjeeling
 TRIPS provisions :
For reciprocal protection ;protection in the country of origin is must. India
did not have such protection with regard to Geographical indication.
To cover up such situation – Geographical Indication of Goods
(Registration and Protection) Act 1999 , passed.

 The salient features are:-

 Prohibition of registration of certain geographical indications.

 Taking infringement action – by registered proprietor /
registered user.
 Prohibition of assignment etc. – being public property.
 Prohibition of registration of G.I as Trade Mark.
 Geographical indications are protected in accordance
with national laws and under a wide range of concepts,
such as laws against unfair competition,

 consumer protection laws,

 laws for the protection of certification marks

 In essence, unauthorized parties may not use

geographical indications if such use is likely to mislead the
public as to the true origin of the product.
 Copyright is a right, which is
available for creating an original
literary or dramatic or musical or
artistic work.

 Cinematographic films including

sound track and video films and
recordings on discs, tapes, perforated
roll or other devices are covered by
copyrights.

 Computer programs and software are

covered under literary works and are
protected in India under copyrights.
 As amended in the act 1983, 1984, 1992, 1994 and 1999
governs the copyright protection in India :
The total term of protection for literary work is the author’s
life is sixty years.

For cinematographic films, records, photographs,

posthumous publications, anonymous publication, works of
government and international agencies the term is 60
years from the beginning of the calendar year following
the year in which the work was published. For
broadcasting, the term is 25 years from the beginning of
the calendar year following the year in which the
broadcast was made.