SWAMI VIVEKANAND SUBHARTI UNIVERSITY,

MEERUT, U.P.

SUBJECT: Intellectual Property Laws

Project topic – Introduction and purpose of IPRs Law in India

SUBMITTED TO:

Assistant Professor: - Mrs. Mahima Garg

SUBMITTED BY:

Shivam Agarwal

B.A. LL.B XIth SEMESTER

SARDAR PATEL SUBHARTI INSTITUTE OF LAW

 ACKNOWLEDGEMENT

I would like to give special thanks to my teacher Assistant Prof. Mrs. Mahima
Garg who gave me the golden opportunity to do this project on the project topic of
“Introduction and purpose of IPRs Law in India” which helped me in doing a lot
of research and I came to know about so many new things I am really thankful to
her. Secondly I would like to thanks my parents and friend who helped me a lot in
finalizing this project within the limited time fit.

………………………

Shivam Agarwal
B.A. LL.B.

XIthSEMESTER
 INTRODUCTION

Intellectual property Right (IPR) is a term used for various legal entitlements which attach to certain
types of information, ideas, or other intangibles in their expressed form. The holder of this legal
entitlement is generally entitled to exercise various exclusive rights in relation to the subject matter of
the Intellectual Property. The term intellectual property reflects the idea that this subject matter is the
product of the mind or the intellect, and that Intellectual Property rights may be protected at law in the
same way as any other form of property. Intellectual property laws vary from jurisdiction to jurisdiction,
such that the acquisition, registration or enforcement of IP rights must be pursued or obtained
separately in each territory of interest.

Intellectual property rights (IPR) can be defined as the rights given to people over the creation of their
minds. They usually give the creator an exclusive right over the use of his/her creations for a certain

period of time.

MEANING OF INTELLECTUAL PROPERTY LAW

What is Intellectual Property?

Intellectual property is an intangible creation of the human mind, usually expressed or translated into a
tangible form that is assigned certain rights of property. Examples of intellectual property include an
author's copyright on a book or article, a distinctive logo design representing a soft drink company and
its products, unique design elements of a web site, or a patent on the process to manufacture chewing
gum.

What is Intellectual Property Rights?

Intellectual property rights (IPR) can be defined as the rights given to people over the creation of their
minds. They usually give the creator an exclusive right over the use of his/her creations for a certain
period of time. Intellectual property (IP) refers to creations of the mind: inventions, literary and artistic
works, and symbols, names, images, and designs used in commerce
CATEGORIES OF INTELLECTUAL PROPERTY ONE CAN BROADLY CLASSIFY THE VARIOUS FORMS OF IPRS
INTO TWO CATEGORIES:

1. IPRs that stimulate inventive and creative activities (patents, utility models, industrial designs,
copyright, plant breeders’ rights and layout designs for integrated circuits) and
2. IPRs that offer information to consumers (trademarks and geographical indications).
3. IPRs in both categories seek to address certain failures of private markets to provide for an efficient
allocation of resources.

IP is divided into two categories for ease of understanding:

1. Industrial Property
2. Copyright

Industrial property, which includes inventions (patents), trademarks, industrial designs, and geographic
indications of source; and

Copyright, which includes literary and artistic works such as novels, poems and plays, films, musical
works, artistic works such as drawings, paintings, photographs and sculptures, and architectural designs.
Rights related to copyright include those of performing artists in their performances, producers of
phonograms in their recordings, and those of broadcasters in their radio and television programs.

Intellectual property shall include the right relating to:

i. Literary, artistic and scientific works;

ii. Performance of performing artists;
iii. Inventions in all fields of human endeavour;
iv. Scientific discoveries;
v. Industrial designs;
vi. Trademarks, service marks and etc;
vii. Protection against unfair competition.

Rights protected under Intellectual Property The different types of Intellectual Property Rights are:

i. Patents
ii. Copyrights
 iii. Trademarks
iv. Industrial designs
v. Protection of Integrated Circuits layout design
vi. Geographical indications of goods
vii. Biological diversity viii. Plant varieties and farmers rights
viii. Undisclosed information
1. Inventions
2. Trademarks
3. Industrial design
4. Geographical indications
b. Copyright
1. Writings
2. Paintings
3. Musical works
4. Dramatics works
5. Audiovisual works
6. Sound recordings
7. Photographic works
8. Broadcast
9. Sculpture
10. Drawings
IPR as Instruments of Development
1. Key drivers of economic performance in R&D based growth models
2. Intellectual property policies do affect the extent and nature of investments undertaken by
multinational enterprises. At the same time, relative to other factors determining foreign
investment decisions, IPRs seem to be of relatively minor importance.

Duration of Intellectual Property Rights in a nutshell

1) Term of every patent will be 20 years from the date of filing of patent application,
irrespective of whether it is filed with provisional or complete specification. Date of patent
is the date on which the application for patent is filed.
 2) Term of every trademark registration is 10 years from the date of making of the application
which is deemed to be the date of registration.
3) Copyright generally lasts for a period of sixty years.
4) The registration of a geographical indication is valid for a period of 10 years.
5) The duration of registration of Chip Layout Design is for a period of 10 years counted from
the date of filing an application for registration or from the date of first commercial
exploitation anywhere in India or in any convention country or country specified by
Government of India whichever is earlier.
6) The duration of protection of registered varieties is different for different crops namely 18
years for trees and vines, 15 years for other crops and extant varieties.

OVERVIEW OF LAWS RELATED TO INTELLECTUAL PROPERTY RIGHTS IN INDIA

The Rules and Laws governing Intellectual Property Rights in India are as follows:

1. The Copyright Act, 1957, The Copyright Rules, 1958 and International Copyright Order, 1999
2. The Patents Act, 1970 The Patents Rules, 2003, The Intellectual Property Appellate Board (Patents
Procedure) Rules, 2010 and The Patents (Appeals and Applications to the Intellectual Property
Appellate Board) Rules, 2011
3. The Trade Marks Act, 1999, The Trade Marks Rules, 2002, The Trade Marks (Applications and
Appeals to the Intellectual Property Appellate Board) Rules, 2003 and The Intellectual Property
Appellate Board (Procedure) Rules, 2003
4. The Geographical Indications of Goods (Registration and Protection) Act, 1999 and The
Geographical Indications of Goods (Registration and Protection) Rules, 2002
5. The Designs Act, 2000 and The Designs Rules, 2001
6. The Semiconductors Integrated Circuits Layout-Design Act, 2000 and The Semiconductors
Integrated Circuits Layout-Design Rules, 2001
7. The Protection of Plant varieties and Farmers’ Rights Act, 2001 and The Protection of Plant
varieties and Farmers Rights’ Rules, 2003
8. The Biological Diversity Act, 2002 and The Biological Diversity Rules, 2004
9. Intellectual Property Rights (Imported Goods) Rules, 2007
RANGES OF INTELLECTUAL PROPERTY LAW

A. COPYRIGHT
B. PATETENT
C. TRADEMARK
D. DESIGN
E. GEOGRAPHICAL INDICATION

COPYRIGHT

1. What is Copyright?

Copyright is the set of exclusive rights granted to the author or creator of an original work, including the
right to copy, distribute and adapt the work. Copyright lasts for a certain time period after which the
work is said to enter the public domain. Copyright gives protection for the expression of an idea and not
for the idea itself. For example, many authors write textbooks on physics covering various aspects like
mechanics, heat, optics etc. Even though these topics are covered in several books by different authors,
each author will have a copyright on the book written by him / her, provided the book is not a copy of
some other book published earlier.

Copyright ensures certain minimum safeguards of the rights of authors over their creations, thereby
protecting and rewarding creativity. Creativity being the keystone of progress, no civilized society can
afford to ignore the basic requirement of encouraging the same. Economic and social development of a
society is dependent on creativity. The protection provided by copyright to the efforts of writers, artists,
designers, dramatists, musicians, architects and producers of sound recordings, cinematograph films
and computer software, creates an atmosphere conducive to creativity, which induces them to create
more and motivates others to create.

Meaning of copyright
 According to Section 14 of the Act, “copyright” means the exclusive right subject to the provisions of
this Act, to do or authorise the doing of any of the following acts in respect of a work or any
substantial part thereof, namely:-
(a) in the case of a literary, dramatic or musical work, not being a computer programme, -
(i) to reproduce the work in any material form including the storing of it in any medium by
electronic means;
(ii) to issue copies of the work to the public not being copies already in circulation;
(iii) to perform the work in public, or communicate it to the public;
(iv) to make any cinematograph film or sound recording in respect of the work;
(v) to make any translation of the work;
(vi) to make any adaptation of the work;
(vii) to do, in relation to a translation or an adaptation of the work, any of the acts specified in
relation to the work in sub-clauses (i) to (vi);

(b) in the case of a computer programme,-

(i) to do any of the acts specified in clause (a);

(ii) to sell or give on commercial rental or offer for sale or for commercial rental any copy of the
computer programme:

Provided that such commercial rental does not apply in respect of computer programmes where the
programme itself is not the essential object of the rental.

(c) in the case of an artistic work,-

(i) to reproduce the work in any material form including depiction in three dimensions of a two
dimensional work or in two dimensions of a three dimensional work;

(ii) to communicate the work to the public;

(iii) to issue copies of the work to the public not being copies already in circulation;

(iv) to include the work in any cinematograph film;

(v) to make any adaptation of the work;

 (vi) to do in relation to an adaptation of the work any of the acts specified in relation to the
work in sub-clauses (i) to (iv); 19 (d) In the case of cinematograph film, -

(i) to make a copy of the film, including a photograph of any image forming part
thereof;
(ii) (ii) to sell or give on hire, or offer for sale or hire, any copy of the film,
regardless of whether such copy has been sold or given on hire on earlier
occasions;
(iii) (iii) to communicate the film to the public;

(e) In the case of sound recording, -

(i) to make any other sound recording embodying it;

(ii) to sell or give on hire, or offer for sale or hire, any copy of the sound recording
regardless of whether such copy has been sold or given on hire on earlier occasions;
(iii) to communicate the sound recording to the public.

Explanation : For the purposes of this section, a copy which has been sold once shall be
deemed to be a copy already in circulation.

PATENT

What is Patent?

Patent is a grant for an invention by the Government to the inventor in exchange for full disclosure of
the invention. A patent is an exclusive right granted by law to applicants / assignees to make use of and
exploit their inventions for a limited period of time (generally 20 years from filing). The patent holder
has the legal right to exclude others from commercially exploiting his invention for the duration of this
period. In return for exclusive rights, the applicant is obliged to disclose the invention to the public in a
manner that enables others, skilled in the art, to replicate the invention. The patent system is designed
to balance the interests of applicants / assignees (exclusive rights) and the interests of society
(disclosure of invention).
Meaning of ‘Invention’ under Patent Law Sec.2(1)(J) - Invention” means a new product or process
involving an inventive step and capable of industrial application.

What is not an ‘Invention’?

According to Sec 3 of the Patent Act, 1970

A. Frivolous inventions
B. Inventions contrary to well established natural laws
C. Commercial exploitation or primary use of inventions,
D. which is contrary to public order or morality
E. which causes serious prejudice to health or human, animal, plant life or to the environment

What is meant by ‘New”?

The invention to be patented must not be published in India or elsewhere, or in prior public knowledge
or prior public use with in India or claimed before in any specification in India A feature of an invention
that involves technical advance as compared to the existing knowledge or have economic significance or
both and makes the invention not obvious to a person skilled in the art.

TRADEMARK

What is Trademark?

A trade mark (popularly known as brand name) in layman’s language is a visual symbol which may be a
word signature, name, device, label, numerals or combination of colours used by one undertaking on
goods or services or other articles of commerce to distinguish it from other similar goods or services
originating from a different undertaking.

• The selected mark should be capable of being represented graphically (that is in the paper
form).

• It should be capable of distinguishing the goods or services of one undertaking from those of
others.
 • It should be used or proposed to be used mark in relation to goods or services for the
purpose of indicating or so as to indicate a connection in the course of trade between the
goods or services and some person have the right to use the mark with or without identity of
that person.

Trade Marks are distinctive symbols, signs, logos that help consumer to distinguish between
competing goods or services. A trade name is the name of an enterprise which individualizes
the enterprise in consumer’s mind. It is legally not linked to quality. But, linked in consumer’s
mind to quality expectation.

Key Features of Trademark

• Trademark must be Distinctive

• Trademark must be used in Commerce

Types of Trademark

• Trademark,

• Service mark,

• Collective mark,

• Certification Mark Functions of Trademark Trademark performs four functions –

• It identifies the goods / or services and its origin;

• It guarantees its unchanged quality;

• It advertises the goods/services;

• It creates an image for the goods/ services.

Trade Marks law of India The Trade Marks Act, 1999 and the Trade Marks Rules, 2002 govern the law
relating to Trade Marks in India. The Trade Marks Act, 1999 (TMA) protects the trade marks and their
infringement can be challenged by a passing off or/and infringement action. The Act protects a trade
mark for goods or services, on the basis of either use or registration or on basis of both elements.
 DESIGN

What is Design?

A Design refers to the features of shape, configuration, pattern, ornamentation or composition of lines
or colours applied to any article, whether in two or three dimensional (or both) forms. This may be
applied by any industrial process or means (manual, mechanical or chemical) separately or by a
combined process, which in the finished article appeals to and judged solely by the eye. Design does not
include any mode or principle of construction or anything which is mere mechanical device. It also does
not include any trade mark or any artistic work.

Design law in India The essential purpose of design law it to promote and protect the design element of
industrial production. It is also intended to promote innovative activity in the field of industries. The
Designs Act, 2000 and the Designs Rules, 2001 presently govern the design law in India. The Act came
into force on 25th May 2000 while the Rules came into effect on 11th May 2001. The object of the
Designs Act to protect new or original designs so created to be applied or applicable to particular article
to be manufactured by Industrial Process or means. Sometimes purchase of articles for use is influenced
not only by their practical efficiency but also by their appearance

Essential requirements for registration of Design

A design should –

Be new or original

• Not be disclosed to the public anywhere by publication in tangible form or by use or in

any other way prior to the filling date, or where applicable, the priority date of the
application for registration.

• Be significantly distinguishable from known Designs or combination of known designs.

• Not comprise or contain scandalous or obscene matter.

• Not be a mere mechanical contrivance.

 • Be applied to an article and should appeal to the eye.

• Not be contrary to public order or morality

GEOGRAPHICAL INDICATIONS OF GOODS

Geographical Indications of Goods are defined as that aspect of industrial property which refers to the
geographical indication referring to a country or to a place situated therein as being the country or place
of origin of that product.

What is a Geographical Indication?

 It is an indication
 It originates from a definite geographical territory
 It is used to identify agricultural, natural or manufactured goods
 The manufactured goods should be produced or processed or prepared in that territory.
 It should have a special quality or reputation or other characteristics Examples of Indian
Geographical Indications –
o Solapur Chaddar
o Solapur Terry Towel
o Basmati Rice Ø Darjeeling Tea
o Kanchipuram Silk Saree
o Alphanso Mango
o Nagpur Orange

Laws relating to Geographical Indication of Goods Geographical Indications of Goods (Registration and
Protection) Act, 1999 and The Geographical Indications of Goods (Registration and Protection) Rules,
2002 deal with registration and better protection of geographical indications relating to goods. The
primary purpose of this Act is to provide legal protection to Indian Geographical Indications which in
turn boost exports. Registration of Geographical indication promotes economic prosperity of producers
of goods produced in a geographical territory.
 SEMICONDUCTOR INTEGRATED CIRCUITS LAYOUT-DESIGN

Semiconductor Integrated Circuit means a product having transistors and other circuitry elements,
which are inseparably formed on a semiconductor material or an insulating material or inside the
semiconductor material and designed to perform an electronic circuitry function. The layout-design of a
semiconductor integrated circuit means a layout of transistors and other circuitry elements and includes
lead wires connecting such elements and expressed in any manner in semiconductor integrated circuits.

Semiconductor Integrated Circuits Layout-Design (SICLD) Act, 2000 The Semiconductor Integrated
Circuits Layout-Design Act, 2000 was passed to fulfill India’s obligations as a TRIPS signatory. It provides
protection for semiconductor Integrated Circuit layout designs. The main purpose of the Act is to
provide for routes and mechanism for protection of IPR in Chip Layout Designs created and matters
related to it The important provisions of the Act are –

• Jurisdiction to the whole of India;

• SICLD Registry - where the layout-designs of integrated circuit chips can be registered;

• Defines layout-designs of integrated circuits which can be registered under the Act;

• Duration of registration of layout-designs;

• Rights conferred by registration;

• Infringement of layout-designs;

THE AGREEMENT ON TRADE-RELATED ASPECTS OF INTELLECTUAL PROPERTY RIGHTS

(TRIPS) The Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) is an
international agreement administered by the World Trade Organization (WTO) that sets down minimum
standards for many forms of intellectual property (IP) regulation as applied to nationals of other WTO
Members.

It was negotiated at the end of the Uruguay Round of the General Agreement on Tariffs and Trade
(GATT) in 1994. The TRIPS agreement introduced intellectual property law into the international trading
system for the first time and remains the most comprehensive international agreement on intellectual
property to date. The following Intellectual Property Rights are covered under the TRIPS –

1) copyright;

2) geographical indications;

3) industrial designs;

4) integrated circuit layout-designs;

5) patents;

6) new plant varieties;

7) trademarks;

8) undisclosed or confidential information.

TRIPS also specifies enforcement procedures, remedies, and dispute resolution procedures. Protection
and enforcement of all intellectual property rights should meet the objectives to contribute to the
promotion of technological innovation and to the transfer and dissemination of technology, to the
mutual advantage of producers and users of technological knowledge and in a manner conducive to
social and economic welfare, and to a balance of rights and obligations.