Atul S.

Jaybhaye
Assistant Professor
HNLU, Naya Raipur.
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  It is an asset which you can own.
 Difference between ownership and
possession.
 Types of Property- Movable and
Immovable, Tangible and Intangible.
 Every person has a right to protect and
own his property.

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Possession
Ownership
Usage
Right to exclude others
Enjoyment
Transfer
Control over Property

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 These rights may relate to tangible
or intangible things.
 Rights over tangible things like land
and chattels are called corporeal
property .
 Rights over intangible things like an
Idea, Invention, Expression, etc. are
called as incorporeal property

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1. God gave man in common

2. Man mixes his labor and separates

from common

3. That becomes his property

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  Intellectual property is the property
which is created by human intellect
with some physical labour
 It is the outcome of intellectual
faculty of human being
 Unlike other forms of property IP
is nonphysical (incorporeal)
property, value of which is based
upon some idea or ideas.
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 It is a system of legal protections
provided to the useful inventions,
expressions, marks, products and
processes generated with the creative
use of mental faculties.
e.g. Water, Air, Plants, Trees, soil, etc
– Non IP
e.g. Chairs, Television, Pens, Laptop,
Mobiles, etc. – IP or Mixed
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 IP is a Statutory protection provided by the
state to achieve industrial, economic, social
and ultimate national welfare.
- Protection is provided to new and original
inventions, ideas, patterns or expressions.
- It is for a limited time duration and restricted
in its enforcement (e.g. Patent - 20 years,
Design for 10 years, enforceable within the
territory only)
- IP is not a absolute ownership – It is always
subject to Governmental Use and
Compulsory Licenses
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 Industrial success is based on
technological innovation
 IP encourage investment. promote
research, innovation and progress with
ensured returns
 IP enhances standard of life
 IP facilitate convenience and Luxury
 Increase the demand for skilled
labour
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 Foster innovation
 Improve product quality

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  Copyright
 Patent
 Trademark
 Designs
 Geographical Indications
 Integrated Circuits
 Plant Varieties

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  The Copyright Act 1957
 The Trademark Act 1999
 The Patent Act 1970
 The Semiconductor Integrated Circuits Layout
Design Act 2000
 The Designs Act 2000
 The Geographical Indications of Goods
(Registration and Protection) Act, 1999
 The Protection of Plant Variety and Farmers
Right Act, 2001
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 The Copyright Act, 1957
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  Copyright is a legal statutory right.
 Copyright is right of creators (authors) of
literary, dramatic, musical & artistic works and
producers of cinematograph films and sound
recordings.
 It covers original written works or expressions
such as books, articles, poems, musical
compositions and cinematograph film, as also
printed images such as paintings, photographs
and drawings.
 Literary work also includes computer
programmes
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  Literary Work
 Dramatic Work
 Artistic work
 Musical Work
 Cinematograph Film
 Sound Recordings
 Computer programme/software

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Copyright may include bundle of
exclusive rights -
 Copy or Reproduction

 Sale, Hire, offer for sale/display

 Communication to the public

 Adaptation

 Translation

 Perform the work in public (performers

right)
 Conversion
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  Novels
 Books
 Poetry
 Biography
 Law reports
 Articles
 Research papers
 Ph.D thesis
 Computer programmes etc.
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  Painting
 Drawing
 Diagram
 map/ chart/plan
 Photographs
 Work of Architecture i.e. design of a buildings
or structures.

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  Choreographic work
 Entertainment in a dumb show
 Dramas
 One act play

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  A work consisting of a music.
 Composer shall be considered as owner of
musical works.
 Cinematographic Work includes:
 TV serials.
 Documentaries
 Movies

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  The author of a work is usually the ‘first
owner’ of such work.
 Concept of co-ownership
 Section 17 of the Copyright Act determines
who may be regarded as the ‘first owner’ of a
copyrighted work.

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  In the case of a literary, dramatic or artistic
work created during the course of employment
or, under a contract of service or
apprenticeship, for the purpose of publication
in a newspaper, magazine or similar periodical,
the proprietor of such a publication shall, in the
absence of a contract to the contrary, be the first
owner of copyright.

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  In the case of a cinematograph film, in the
absence of a contract to the contrary, the
copyright in the cinematograph film shall vest
with the producer of the film i.e. the person at
whose instance the film was made for a
valuable consideration.

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  In case of a work made during the course of
employment or under a contract of service or
apprenticeship, (to which the instances given
under serial no. 1 do not apply), the employer
shall, in the absence of a contract to the
contrary shall be the first owner of copyright.

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  Assignment means to transfer the rights of
copyright to another person.
 Assigner and Assignee
 The owner of the copyright in an existing work
or the prospective owner of the copyright in a
future work may assign to any person the
copyright either wholly or partially and either
generally or subject to limitations and either for
the whole of the copyright or any part thereof

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  No assignment of the copyright in any work
shall be valid unless it is in writing signed by
the assignor or by his duly authorised agent.
 Such assignment ought to identify:
I. the work and the rights assigned,
II. the territorial extent and,
III. the duration of the assignment

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  Where, the territorial extent and the duration of
the assignment has not been specified, it shall
be deemed that the assignment extends to the
territory of India and the duration of
assignment is for a period of five years
respectively.

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  The owner of the copyright may grant any
interest in the right by licence in writing signed
by him or by his duly authorised agent.
 Difference between Assignment and Licence:
 A license is the transfer of interest in a
copyright. In a license, the rights granted are
limited.
 In Assignment - The original owner of the
copyright transfers all his/her rights to the
assignee and retains none.
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  Intellectual Property is not an absolute right.
 It has some restrictions.
 Meaning of Compulsory licence:
 Govt./Copyright Board has a right to issue
compulsory licences in respect of Copyright,
Patent in case the copyrighted work is
withheld/ or not made available to the public.

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  When it can be granted?
 a complaint is made to the Copyright Board.
 refusal on the part of the owner to publish the
work or
 has refused to allow the performance in public
of the work or
 has refused to allow communication to the
public by broadcast in case of sound recording
work.

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  The Copyright Board can, after providing
reasonable opportunity for the owner of the
copyright to be heard and after conducting an
enquiry and if satisfied, can direct the Registrar
of Copyrights to grant a compulsory license to
the complainant to republish the work,
broadcast the work or communicate it to the
public as the case may be.
 Upon such direction, the Registrar of
Copyrights shall grant the license to the
complainant.
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  Published literary, dramatic, musical
and artistic work (except photograph) –
60 years from the beginning of the
calendar year next following the year in
which author dies. i.e. Life plus 60 years
after death.
 Anonymous or pseudonymous work –
60 years from the date of publication. (If
the identity is disclosed the term of
copyright is as in clause above)
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 Posthumous work (published after
death) - 60 years from the date of
publication.
 Photographs - 60 years from the date of
publication (not life of author).
 Cinematograph film (including videos,
TV serials, cinemas, documentary, etc) -
60 years from the date of publication.

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  Sound recording - 60 years from the
date of publication.
 Government works or works of
Public Undertakings - 60 years from
the date of publication.
 Works of International
Organization - 60 years from the
date of publication.

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 Copyright subsists from the date of
publication and registration is merely a
certificate of it
 Registration is not compulsory – It is
optional
 Registration Certificate is proof of
copyright – it has an additional evidential
value
 Registration is possible at the Copyright
Office, New Delhi, on application in the
prescribed form and fee @
http://copyright.gov.in/
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 36
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 J K Rowling
US $1 Billion
(2013)

Bill Gates
US $81.3 Billion
(Sept 2014)
37
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  When any person does anything which
is exclusive right conferred upon the
author or without a license from the
author or from the Registrar of
Copyright or
 Makes copies for selling, offering to
sell or for hire without consent of the
author or
 Distributes either for trade or
otherwise, to such an extent as to affect
prejudicially the owner of copyright or
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  Permits a place for the performance
of works in public or for copy or
 Imports into India infringing
copies for private or domestic use
or
 Exhibits to public by way of trade
any infringing copies etc.

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 Use for research, criticism, review.
 Reproduction for the use of judicial
proceedings.
 Publication of short passages, or
performance for educational
purposes.
 Playing of records or performance by
a club or society for members of
religious institutions
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 Reproduction of few copies for use in
Libraries or for Research and Private
Study
 Copying of matters published in
official gazettes
 Fair dealing without commercial
benefits
 The reading or recitation in public of
any reasonable extract form a
published literary or dramatic work;
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  Civil Remedies
 Injunction i.e. Temporary and Permanent
 Damages or Accounts of Profits
 Delivery Up of infringing copies

 Criminal Remedies Sec. 63

 Imprisonment for a term not be less than six
months but up to three years and with fine
not less than fifty thousand but which may
extend to two lakhs.

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  Administrative remedies:
 Administrative remedies consist of moving the
Registrar of copyrights to ban the import of
infringing copies into India when the
infringement is by way of such importation
and the delivery of the confiscated infringing
copies to the owner of the copyright and
seeking the delivery.

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  A suit or other civil proceedings relating to
infringement of copyright is filed in the District
Court or High Court within whose jurisdiction
the plaintiff resides or carries on business or
where the cause of action arose irrespective of
the place of residence or place of business of
the defendant.

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  Sec. 64 Power of police to seize infringing
copies.
 Sec. 70 Cognizance of offences
 Sec. 72 Appeals against orders of Registrar of
Copyrights and Copyright Board
 Sec. 74 Registrar of Copyrights and Copyright
Board to possess certain powers of civil courts

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  RG Anand v. Delux Films, (AIR 1978 SC 1613)
 It is a landmark decision of the Supreme
Court
 The case deals with a copyright infringement
suit against the movie New Delhi made
by Mohan Sehgal in 1954.
 The plaintiff R.G. Anand, contended that it
was modelled on the plot of a play Ham
Hindustani written and produced by him.

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  The plaintiff wrote the play Ham
Hindustani and it soon became very popular.
 In 1954, the defendant Mohan Sehgal sent a
letter to the plaintiff that he wishes to make a
movie based on the play.
 The plaintiff met the defendant and
discussed the entire play. The defendant did
not commit anything, but the plaintiff later
came to know that the defendant released a
movie titled New Delhi.
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  Is the film New Delhi an infringement of the
plaintiff's copyright in the play Hum
Hindustani?
 Have defendants or any of them infringed the
plaintiff's copyright by producing, or
distributing or exhibiting the film New Delhi?

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  There can be no copyright in an idea, subject-
matter, themes, plots or historical or
legendary facts.
 Copying should be substantial or material
one.
 If the viewer after the incident gets the idea
that the film is by and large a copy of the
original play, violation of the copyright may
be said to be proved.
 Burden of proof is on the plaintiff in cases
where a stage play has been infringed by a
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 The Trademarks Act, 1999
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  Trademarks help manufacturers
build consumer loyalty and assist
consumers in making informed
choices on the basis of the
information provided by
manufacturers on the quality of
their products
 E.g. TATA, Reliance, Samsung,
ICICI Bank, etc
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  The best marks are invented words,
non-descriptive words and
distinctive devices

 In choosing a trademark, one

should avoid words which are
directly descriptive of the goods,
common surnames or geographical
names.
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  Fanciful and Arbitrary words are
protectable while generic words are
not protectable

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 COMPUTERLAND

Jeep, Band Aid Kerosene

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 Designs

The Designs Act, 2000

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Design is the feature of
 Shape
 Pattern
 Ornament
 Configuration
 Composition or combination of
pattern
 Lines or color

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 New or original aesthetic creations
determining the appearance of industrial
products
 Something applied to the article and not
article itself in three dimensional form or two
dimensional form or both
 Applied to any article by an industrial
process
 It covers different ways of presenting the
outward appearance of things
 Containing some aesthetic value, solely
judged by eye.
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 Novelty and Originality
 No prior publication

 Application of design to
Article – shape or
configuration
 Not contrary to public order
and morality
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  Not distinguishable
 Containing scandalous or obscene
matter
 No Novelty and Originality
 Prior publication

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  Application
 Statement of Novelty
 Acceptance/objections by
Controller
 Final Decision
 Design Copyright valid for 10+5
years
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  Service Marks – ICICI, SBI,
BAJAJ -ALIANZ
 Collective marks - WTO

 Certification Marks - Hallmark,

Agmark
 Well Known Marks - TATA,
BAJAJ
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  A commercial monopoly/privilege
granted by the Govt. to the inventor of an
invention, which is new, useful and
industrially applicable, for a limited
period of time, as a reward for the
creation of something new and useful
which might benefit the public.
 It confers on the true and first inventor the
exclusive right to make, use, exercise and
vend (sale) his invention. It is a kind of
limited monopoly granted to the true and
first inventor.
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 It grants monopoly right
 Patent rights are available only in that country
in which it is patented (there cannot be a
global patent)
 Patent rights are granted by the Govt.
 To the inventor or his assignee
 To make, use, sale, etc. of patented invention
 To a limited period of time (20 yrs after TRIPS
Agreement)
 In consideration of disclosure of the invention
to the Govt. (in patent office)

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 The NUN Test
 It should be Novel

 Should have Useful

 Invention should be a product

of inventive activity, product
of human intervention (Non-
obvious to the person skilled
in art)
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 Invention Sec 2(1) (j)
 Invention means a new product or process
involving an inventive step and capable of
industrial application
 Inventive step means a feature of invention
that involves technological advance or
economic benefit as compared to the
existing knowledge
 Capable of industrial application in relation to
the invention means the invention is capable
of being made or used in the industry
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  Granted only for 20 years from date
of application
 Subject to renewal from time to
time
 Subject to compulsory licenses and
governmental use
 Subject to local working condition
 Enforceable only in India
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 Geographical Indication refers to the geographical
origin of a product, having specific quality,
characteristic or reputation, attached to it for being
produced in that particular geographical
environment.
 It generally consists of a geographical name, sign or a
traditional designation used for products or goods
that have a specific geographical origin (e.g. a town,
region, or country) and possess qualities, reputations
or characteristics that are essentially attributable to
that place of origin. Agricultural products typically
have qualities that derive from their place of
production and are influenced by specific local
factors, such as climate, soil, etc.

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 Geographical Indications may be used for a wide
variety of products, whether natural, agricultural
or manufactured.
 Pochampally Ikat (Andhra Pradesh); Mysore
Agarbathi (Karnataka); Kullu Shawl (Himachal
Pradesh); Mysore Sandal Soap (Karnataka);
Bidriware (Karnataka); Solapur Terry
Towel (Maharashtra); Darjeeling Tea (W.B.);
Mahabaleshwar Strawberry (Maharashtra);
Nashik Grapes (Maharashtra), etc. are some of
the famous examples of registered GIs in India.

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 IC (Chip),

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