Intellectual Property Rights

Syllabus
Unit – I:

IPR Introduction: and the need for intellectual property right–IPR in India–

Different Classifications –Important Principles of IP Management –Commercialization

of Intellectual Property Rights By Licensing– Intellectual Property Rights in the Cyber

World.

Unit – II

Introduction – Classification – Importance – Types of Patent Applications in India

Patentable Invention– Inventions Not Patentable.

Unit – III:

Introduction–Fundamentals – Concept – Purpose – Functions – Characteristics –

Guidelines – For Registration of Trade Mark – Kinds of TM – Protection – Non-Registrable

Trademarks – Industrial Designs – Need for Protection of Industrial Designs.

Unit – IV:

Introduction to Copy right– Conceptual Basis –Copy Right and Related Rights–

Author & Ownership of Copy right - Rights Conferred by Copy Right-Registration –

Transfer –Infringement–Copyright pertaining to Software/Internet and other Digital media.

Unit – V

GEOGRAPHICAL INDICATIONS: Concept, Protection & Significance.

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Unit – I
Meaning:
Intellectual Property Rights (IPRs) refer to the legal rights granted to individuals
or organizations over their creative, innovative, or intellectual works, providing
exclusive control over their use, distribution, and exploitation.
Definition:
"Intellectual Property Rights are rights granted to persons or entities over their
intellectual creations, allowing them to prevent others from using, selling, importing, or
distributing those creations without permission."
Types of Intellectual Property Rights
1. Copyright:
Protects original literary, dramatic, musical, and artistic works, such as books,
music, films, and software.
2. Trademark:
Protects distinctive signs, symbols, or phrases that identify a business or
product, such as brand names, logos, and slogans.
3. Patent:
Protects new and useful inventions, such as machines, manufactures, and
compositions of matter.
4. Trade Secret:
Protects confidential and valuable information, such as business methods,
recipes, and software code.
The need for Intellectual Property Rights (IPRs):
1. Encourages Innovation:
IPRs incentivize creators to invest time, money, and effort into developing new
ideas, products, and services.
2. Protects Intellectual Investments:
IPRs safeguard the intellectual investments made by creators, ensuring they
receive fair compensation for their work.
3. Promotes Economic Growth:
IPRs contribute to economic growth by encouraging innovation,
entrepreneurship, and investment in research and development.

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4. Supports Creativity:
IPRs foster creativity by providing a framework for creators to protect and
exploit their original works.
5. Ensures Consumer Safety:
IPRs help ensure consumer safety by preventing the production and distribution
of counterfeit or fake products.
6. Fosters International Trade:
IPRs facilitate international trade by providing a common framework for
protecting intellectual property across borders.
7. Encourages Collaboration:
IPRs promote collaboration among creators, innovators, and entrepreneurs by
providing a framework for sharing knowledge and expertise.
8. Supports Small and Medium-Sized Enterprises (SMEs):
IPRs help SMEs protect their intellectual property, enabling them to compete
with larger companies.
9. Protects Traditional Knowledge:
IPRs safeguard traditional knowledge and cultural heritage, ensuring that
indigenous communities benefit from their intellectual property.
10.Encourages Transparency and Accountability:
IPRs promote transparency and accountability by requiring creators to disclose
their intellectual property and comply with regulations.

Intellectual Property Rights (IPR) in India.

 IPR Laws in India
1. Patents Act, 1970
2. Copyright Act, 1957
3. Trademarks Act, 1999
4. Designs Act, 2000
5. Geographical Indications of Goods (Registration and Protection) Act, 1999
6. Semiconductor Integrated Circuits Layout-Design Act, 2000
7. Protection of Plant Varieties and Farmers' Rights Act, 2001

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 IPR Institutions in India

1. Indian Patent Office (IPO)
2. Copyright Office
3. Trademarks Registry
4. Designs Wing
5. Geographical Indications Registry
6. Intellectual Property Appellate Board (IPAB)
 IPR Policy in India
1. National Intellectual Property Rights Policy, 2016
2. Make in India initiative
3. Start up India initiative
4. Digital India initiative
 IPR Enforcement in India
1. Customs authorities
2. Police authorities
3. Judicial system
4. IPAB

Different classifications in Intellectual Property Rights (IPR):

 Patent Classifications:
1. Utility Patents (functional inventions)
2. Design Patents (ornamental designs)
3. Plant Patents (new plant varieties)
4. Reissue Patents (modified existing patents)
5. Divisional Patents (split from existing patents)
 Copyright Classifications:
1. Literary Works (books, articles, poems)
2. Musical Works (compositions, lyrics)
3. Artistic Works (paintings, sculptures, photographs)
4. Cinematographic Works (films, videos)
5. Sound Recordings (audio recordings)
6. Software (computer programs)

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 Trademark Classifications:
1. Goods Trademarks (product brands)
2. Service Trademarks (service brands)
3. Collective Marks (association trademarks)
4. Certification Marks (quality or origin indicators)
5. Geographical Indications (regional origin indicators)
 Industrial Design Classifications:
1. Locarno Classification (international design classification)
2. Hague Agreement Classification (international design registration)
 Geographical Indications Classifications:
1. Agricultural Products
2. Food Products
3. Handicrafts
4. Textiles
5. Other Products (e.g., wine, spirits)
 Trade Secret Classifications:
1. Technical Trade Secrets (e.g., formulas, algorithms)
2. Business Trade Secrets (e.g., customer lists, marketing strategies)
 Other Classifications:
1. Layout-Designs (Topography) of Integrated Circuits
2. Plant Variety Rights
3. Traditional Knowledge (TK) and Traditional Cultural Expressions (TCE)
 International Classifications:
1. International Patent Classification (IPC)
2. Nice Classification (trademarks)
3. Locarno Classification (industrial designs)
4. Berne Convention Classification (copyright)
5. WIPO's International Classification of Goods and Services
 Indian Classification:
1. Indian Patent Classification (IPC)
2. Indian Trademark Classification
3. Indian Designs Classification
4. Geographical Indications of Goods (Registration and Protection) Act, 1999

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Principles in Intellectual Property (IP) Management:

 Strategic Principles
1. Align IP strategy with business objectives
2. Manage IP portfolio effectively
3. Assess and mitigate IP risks
4. Continuously monitor and evaluate IP
5. Adapt to changing market and technology
 Creation and Protection Principles
1. Conduct prior art searches
2. Ensure novelty and non-obviousness
3. Use confidentiality agreements (NDAs)
4. Document and record IP
5. Protect IP through patents, trademarks, copyrights
 Commercialization Principles
1. License and assign IP rights
2. Value and monetize IP
3. Collaborate and partner
4. Develop branding and trademark strategies
5. Manage revenue streams and royalties
 Enforcement and Litigation Principles
1. Detect and analyze infringement
2. Use cease and desist letters and notices
3. Litigate or use alternative dispute resolution
4. Enforce IP at borders and customs
5. Protect IP in courts and tribunals
 Ethical and Social Principles
1. Respect IP rights of others
2. Promote fair competition
3. Protect consumer safety
4. Ensure environmental sustainability
5. Engage in social responsibility

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 Best Practices
1. Conduct regular IP audits
2. Develop IP strategies
3. Train employees on IP
4. Monitor industry developments
5. Collaborate with IP experts
 IP Management Standards
1. ISO 56005 (Innovation Management)
2. ISO 20671 (Brand Valuation)
3. ASTM E2726 (IP Risk Management)
4. AIPLA Guidelines
5. INTA Guidelines
 Key Performance Indicators (KPIs)
1. IP portfolio growth
2. Revenue generation
3. Licensing agreements
4. Infringement detection
5. Employee training

Commercialization of Intellectual Property Rights (IPR):

Definition:
Commercialization of IPR refers to the process of transforming intellectual
property into tangible economic benefits, such as revenue, profits, and market share.
Methods of Commercialization:
1. Licensing: Granting permission to use IP rights to others.
2. Assignment: Transferring ownership of IP rights to others.
3. Joint Ventures: Collaborating with others to develop and market IP.
4. Spin-Offs: Creating new companies based on IP.
5. Start-Ups: Launching new businesses built around IP.
6. Merger and Acquisition: Buying or selling companies with valuable IP.
7. IP Auctions: Selling IP rights through auctions.
8. Crowd sourcing: Leveraging online platforms to commercialize IP.

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Commercialization of Intellectual Property Rights (IPR) by Licensing:

Meaning:
Licensing is a contractual agreement where the Intellectual Property Rights (IPR)
owner (licensor) grants permission to another party (licensee) to use, manufacture, sell,
or distribute the licensed IP for a specified period, territory, and compensation.
Types of Licensing Agreements:
1. Exclusive License: Only one licensee allowed.
2. Non-Exclusive License: Multiple licensees allowed.
3. Sole License: Only one licensee, with some rights reserved.
4. Compulsory License: Forced license, often for public interest.
Intellectual Property Rights (IPR) in the Cyber World:
Introduction
The cyber world has transformed the way we create, share, and use intellectual
property (IP). The internet and digital technologies have made it easier for creators to
produce and distribute their work, but they have also created new challenges for
protecting intellectual property rights (IPR). This chapter provides an overview of IPR
in the cyber world, including the types of IPR, the challenges of protecting IPR online,
and the strategies for enforcing IPR in the digital age.
Types of Intellectual Property
 Patents:
These rights are granted to the individual for an invention or creation of new
ideas, technology, etc. It basically gives somebody the right to stop one from
copying, selling, or manufacturing an original idea in someone else's name
without the creator's permission.
 Trademark:
It is a distinctive mark that can be used to identify a manufacturer, a producer, or
a service provider. These marks can be used in the form of a logo, a symbol, a
sign, or a written name. With the help of a trademark, consumers can easily
associate a product with quality standards, and they can easily find their trusted
product through a trademark.

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 Industrial design:
The visual aspects of the product, which can't be protected under the Patent Act,
will be protected under industrial design.
It should be purely aesthetics and not utility; in other words, it should be non-
functional in nature.
These designs should be new, which means that no similar design should exist on
the market.
Example: Coca-Cola contour bottle
 Geographical Indication:
A geographical Indication popularly known as the 'GI Tags' simply indicates the
place from which a certain product originates.
For example, Chikankari work from Lucknow is famous and has a GI tag.
An "Appellation of Origin" geographical indication can be used if a product can
be produced in a specific region only.
For example: Bordeaux Wine
 Copyright:
These rights are granted mainly to artistic and literary works like films, music,
literature, poetry, etc.
It also protects rights that come from creative creations, and these rights are
called related rights.
Copyright protects works that can be expressed in tangible form.
For Example: Movies

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Unit – II
Meaning:
A patent is an exclusive right granted to an inventor for a specified period of
time, usually 20 years from the date of filing, in exchange for the public disclosure of the
invention.
Definition:
A patent is a form of intellectual property that gives the owner the right to prevent
others from making, using, selling, or importing an invention without permission.
Types of Patents:
1. Utility Patent: Covers functional inventions, such as machines, processes, and
compositions of matter.
2. Design Patent: Covers ornamental designs, such as the shape and appearance of a
product.
3. Plant Patent: Covers new and distinct plant varieties.
4. Reissue Patent: A reissue of an existing patent with changes to the original claims.
Classifications of patents:
 Patent Classifications Based on Subject Matter
1. Mechanical Patents: Covers machines, engines, and other mechanical devices.
2. Electrical Patents: Covers electrical systems, circuits, and devices.
3. Chemical Patents: Covers chemical compositions, processes, and reactions.
4. Biotechnology Patents: Covers biological systems, organisms, and processes.
5. Software Patents: Covers software programs, algorithms, and data structures.
6. Business Method Patents: Covers new and useful business methods, such as financial
transactions and management systems.
 Patent Classifications Based on Purpose
1. Product Patents: Covers new and useful products, such as machines, devices, and
compositions of matter.
2. Process Patents: Covers new and useful processes, such as methods of manufacture,
treatment, and use.
3. Improvement Patents: Covers improvements to existing products or processes.

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 International Patent Classifications

1. International Patent Classification (IPC): A standardized system for classifying
patents based on subject matter.
2. European Classification System (ECLA): A classification system used by the European
Patent Office.
3. United States Patent Classification (USPC): A classification system used by the United
States Patent and Trademark Office

Importance of patents:
Patents are essential for promoting innovation, economic growth, and
competitiveness. They provide exclusive rights to inventors and creators, allowing them
to recoup their investment and profit from their inventions.
 Economic Importance of Patents
1. Encourages Innovation: Patents incentivize innovation by providing exclusive rights
to inventors, allowing them to recoup their investment.
2. Creates Jobs: Patents can lead to the creation of new industries, companies, and jobs.
3. Generates Revenue: Patents can generate significant revenue through licensing,
royalties, and sales.
4. Increases Competitiveness: Patents can provide a competitive advantage, allowing
companies to differentiate themselves and establish market leadership.
 Social Importance of Patents
1. Improves Quality of Life: Patents can lead to the development of new products and
services that improve people's quality of life.
2. Advances Science and Technology: Patents can drive scientific and technological
progress by encouraging researchers and inventors to develop new ideas.
3. Promotes Public Health: Patents can lead to the development of new medicines,
treatments, and medical devices that improve public health.
4. Supports Education: Patents can provide educational opportunities, such as
internships, research collaborations, and technology transfer.
 Strategic Importance of Patents
1. Establishes Market Leadership: Patents can help companies establish market
leadership and differentiate themselves from competitors.

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2. Provides a Competitive Advantage: Patents can provide a competitive advantage,

allowing companies to exclude others from making, using, or selling their inventions.
3. Supports Business Growth: Patents can support business growth by providing a
foundation for expansion into new markets and industries.
4. Enhances Reputation: Patents can enhance a company's reputation by demonstrating
its commitment to innovation and R&D.
 Other Importance of Patents
1. Encourages Disclosure: Patents encourage inventors to disclose their inventions,
which can lead to further innovation and improvement.
2. Provides a Measure of Innovation: Patents can provide a measure of innovation,
allowing companies and countries to track their progress and competitiveness.
3. Supports National Security: Patents can support national security by providing a
foundation for the development of new technologies and innovations.
4. Promotes International Cooperation: Patents can promote international cooperation
by providing a framework for collaboration and knowledge-sharing.

Types of patents Applications in India:

In India, there are several types of patent applications that can be filed with the Indian
Patent Office (IPO). Here are some of the main types:
1. Ordinary Patent Application
- Filed for inventions made in India or abroad
- Requires payment of filing fee and submission of specification, claims, and abstract
2. Provisional Patent Application
- Temporary application filed to secure a priority date
- Allows applicant to file a complete specification within 12 months
3. Complete Patent Application
- Filed within 12 months of provisional application
- Requires submission of complete specification, claims, and abstract
4. Convention Patent Application
- Filed in India within 12 months of filing in another country
- Claims priority date from earlier filing

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5. PCT (Patent Cooperation Treaty) National Phase Application

- Filed in India within 31 months of international filing date
- Allows applicant to seek patent protection in multiple countries
6. Divisional Patent Application
- Filed for a part of an already filed patent application
- Requires submission of separate specification, claims, and abstract
7. Patent of Addition
- Filed for an improvement or modification of an existing patent
- Requires submission of separate specification, claims, and abstract
8. Continuation Patent Application
- Filed for continuing an existing patent application
- Requires submission of separate specification, claims, and abstract

Patentable inventions:
Definition of a Patentable Invention
A patentable invention is a new and useful process, machine, manufacture, or
composition of matter, or any improvement thereof.
Requirements for a Patentable Invention
1. Novelty: The invention must be new and not obvious.
2. Non-Obviousness: The invention must be significantly different from existing
technology.
3. Usefulness: The invention must have a practical application.
4. Subject Matter: The invention must fall within a category of subject matter that is
eligible for patent protection.
Types of Patentable Inventions
1. Mechanical Inventions: Machines, devices, and mechanisms.
2. Electrical Inventions: Electrical systems, circuits, and devices.
3. Chemical Inventions: Chemical compositions, processes, and reactions.
4. Biotechnology Inventions: Biological systems, organisms, and processes.
5. Software Inventions: Software programs, algorithms, and data structures.
6. Business Method Inventions: New and useful business methods, such as financial
transactions and management systems.

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Examples of Patentable Inventions

1. New Materials: New materials with unique properties, such as superconductors or
nanomaterials.
2. Medical Devices: New medical devices, such as prosthetic limbs or surgical
instruments.
3. Software Programs: New software programs, such as operating systems or
productivity software.
4. Electrical Systems: New electrical systems, such as power transmission systems or
electrical motors.
5. Chemical Processes: New chemical processes, such as methods for producing fuels or
chemicals.
Inventions Non-Patentable
Introduction
Not all inventions are eligible for patent protection. Certain types of inventions
are excluded from patentability due to various reasons.
Types of inventions that is not patentable.
Abstract Ideas
Abstract ideas, such as mathematical formulas, business methods, and abstract
concepts, are not patentable. These ideas are not considered inventions because they do
not provide a practical solution to a problem.
Natural Phenomena
Natural phenomena, such as laws of nature, physical phenomena, and natural
processes, are not patentable. These phenomena are not considered inventions because
they are not created by humans.
Literary Works
Literary works, such as books, articles, and other written works, are protected by
copyright, not patents. Copyright protection gives the author exclusive rights to
reproduce, distribute, and display the work.
Artistic Works
Artistic works, such as music, art, and other creative works, are protected by
copyright, not patents. Copyright protection gives the creator exclusive rights to
reproduce, distribute, and display the work.

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Methods of Medical Treatment

Methods of medical treatment, such as surgical procedures, are not patentable.
These methods are not considered inventions because they are not novel or non-
obvious.
Diagnostic Methods
Diagnostic methods, such as medical tests, are not patentable. These methods are
not considered inventions because they are not novel or non-obvious.
Plant Varieties
Plant varieties are protected by plant breeders' rights, not patents. Plant
breeders' rights give the breeder exclusive rights to reproduce, distribute, and sell the
plant variety.
Animal Breeds
Animal breeds are protected by animal breeders' rights, not patents. Animal
breeders' rights give the breeder exclusive rights to reproduce, distribute, and sell the
animal breed.
Computer Programs per se
Computer programs per se are protected by copyright, not patents. Copyright
protection gives the author exclusive rights to reproduce, distribute, and display the
program.
Algorithms per se
Algorithms per se are protected by copyright, not patents. Copyright protection
gives the author exclusive rights to reproduce, distribute, and display the algorithm.
Scientific Theories
Scientific theories and hypotheses are not patentable. These theories are not
considered inventions because they are not novel or non-obvious.
Mathematical Methods
Mathematical methods, such as statistical models, are not patentable. These
methods are not considered inventions because they are not novel or non-obvious.
Aesthetic Creations
Aesthetic creations, such as fashion designs, are protected by design patents, not
utility patents. Design patents give the creator exclusive rights to make, use, and sell the
design.

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Unit – III
What Is a Trademark?
A trademark is a recognizable insignia, phrase, word, or symbol that denotes a
specific product and legally differentiates it from all others of its kind. A trademark
exclusively identifies a product as belonging to a particular company and recognizes the
company's ownership of the brand. Trademarks are considered a form of intellectual
property.
The purpose of a trademark:
1. Identify the source: To identify the source of a product or service and distinguish it
from others.
2. Distinguish from others: To distinguish a product or service from those of others,
preventing consumer confusion.
3. Protect brand reputation: To protect the reputation and goodwill of a business by
preventing others from using similar marks.
4. Create brand recognition: To create brand recognition and awareness, making it
easier for customers to find and remember a product or service.
5. Provide exclusive rights: To provide the owner with exclusive rights to use the
mark, preventing others from using similar marks.
6. Increase business value: To increase the value of a business by creating a unique
and recognizable brand identity.
7. Prevent counterfeiting: To prevent counterfeiting and unauthorized use of a mark,
protecting consumers from inferior or fake products.
8. Support licensing and franchising: To support licensing and franchising
agreements, allowing businesses to expand their reach and build their brand.
Functions of trademarks:
 Primary Functions
1. Identification: Identifies the source of a product or service.
2. Distinction: Distinguishes a product or service from others.
3. Branding: Creates brand recognition and awareness.

 Secondary Functions
1. Quality Assurance: Implies a certain level of quality.
2. Advertising: Promotes a product or service.
3. Marketing: Differentiates a product or service.
4. Protection: Protects consumers from counterfeit products.
 Economic Functions
1. Investment Protection: Protects business investments.

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2. Revenue Generation: Generates revenue through licensing.

3. Market Differentiation: Differentiates products/services.
 Social Functions
1. Consumer Information: Provides information about products/services.
2. Quality Signaling: Signals quality to consumers.
3. Brand Loyalty: Fosters brand loyalty.
 Legal Functions
1. Exclusive Rights: Grants exclusive rights to use.
2. Infringement Prevention: Prevents trademark infringement.
3. Dispute Resolution: Resolves disputes over trademark use.
 International Functions
1. Global Branding: Establishes global brand recognition.
2. International Protection: Protects trademarks internationally.
3. Cross-Border Trade: Facilitates cross-border trade.
Characteristics of trademarks:
 Distinctiveness
1. Unique: The mark must be unique and distinct from other marks.
2. Non-descriptive: The mark must not describe the product or service.
3. Non-functional: The mark must not serve a functional purpose.
 Uniqueness
1. Novelty: The mark must be new and not already in use.
2. Originality: The mark must be original and not a copy of another mark.
 Recognition
1. Brand identity: The mark must be recognizable as a brand identity.
2. Public awareness: The mark must be known to the public.
 Durability
1. Long-term protection: The mark must be capable of long-term protection.
2. Renewability: The mark must be renewable to maintain protection.
 Transferability
1. Assignability: The mark must be assignable to another party.
2. Licensability: The mark must be licensable to another party.
Guidelines for trademarks:
 General Guidelines
1. Distinctiveness: The mark must be unique and distinguishable from other marks.
2. Non-descriptiveness: The mark must not describe the product or service.
3. Non-functionality: The mark must not serve a functional purpose.
4. Non-deceptiveness: The mark must not deceive or mislead consumers.
 Application Guidelines

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1. Conduct a search: Conduct a thorough search to ensure the mark is available.

2. File an application: File a trademark application with the relevant trademark office.
3. Provide required documents: Provide required documents, such as a specimen of the
mark.
4. Pay fees: Pay the required fees for the application.
 Examination Guidelines
1. Examination process: The trademark office will examine the application to ensure the
mark meets the requirements.
2. Office actions: The trademark office may issue office actions, which must be
responded to.
3. Amendments: Amendments may be made to the application in response to office
actions.

 Registration Guidelines
1. Registration: If the application is approved, the mark will be registered.
2. Certificate of registration: A certificate of registration will be issued.
3. Renewal: The registration must be renewed periodically.
 Maintenance Guidelines
1. Use the mark: The mark must be used in commerce to maintain registration.
2. Monitor for infringement: Monitor for infringement and take action if necessary.
3. Update registration: Update the registration if there are changes to the mark or the
owner.
 International Guidelines
1. Madrid Protocol: Use the Madrid Protocol to register trademarks internationally.
2. Paris Convention: Use the Paris Convention to register trademarks internationally.
3. National laws: Comply with national laws and regulations.

Registration of trademarks:
Types of Trademark Registrations
1. National Registration: Registration of a trademark in a specific country.
2. International Registration: Registration of a trademark through the Madrid
Protocol, which provides protection in multiple countries.

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3. Regional Registration: Registration of a trademark in a regional office, such as the

European Union Intellectual Property Office (EUIPO).
Steps for Trademark Registration
1. Conduct a Search: Conduct a thorough search to ensure the mark is available.
2. File an Application: File a trademark application with the relevant trademark office.
3. Provide Required Documents: Provide required documents, such as a specimen of
the mark.
4. Pay Fees: Pay the required fees for the application.
5. Examination: The trademark office will examine the application to ensure the mark
meets the requirements.
6. Office Actions: The trademark office may issue office actions, which must be
responded to.
7. Registration: If the application is approved, the mark will be registered.

Kinds of trademarks:
 Types of Trademarks based on Nature
1. Word Mark: A word or phrase, e.g., Nike.
2. Device Mark: A logo or symbol, e.g., McDonald's golden arches.
3. Composite Mark: Combination of words and devices, e.g., Burger King's logo.
4. Sound Mark: A unique sound, e.g., Intel's chime.
5. Smell Mark: A distinctive scent, e.g., perfumes.
 2. Types of Trademarks based on Function
1. Product Mark: Identifies a product, e.g., Apple iPhone.
2. Service Mark: Identifies a service, e.g., American Express.
3. Certification Mark: Indicates standards or quality, e.g., ISO 9001.
4. Collective Mark: Used by members of a group or association, e.g., union logos.
 3. Types of Trademarks based on Geographic Origin
1. Geographic Indication (GI): Indicates origin from a specific region, e.g., Champagne.
2. Appellation of Origin (AO): Similar to GI, but specific to wine and spirits.
 Types of Trademarks based on Ownership
1. Registered Trademark: Officially registered with the trademark office.
2. Unregistered Trademark: Not officially registered, but still protected by common law.
3. Licensed Trademark: Permission granted to use a trademark.

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 Other Types of Trademarks

1. Trade Dress: The visual appearance of a product or packaging.
2. Trade Name: A company's name, e.g., Google.
3. Service Mark: Identifies a service, e.g., American Express.
Trademark protection
Meaning:
It refers to the legal rights and safeguards that protect a trademark owner's
exclusive rights to use their mark. It prevents others from using similar marks that
could cause confusion, deception, or dilution of the original mark.
Types of Trademark Protection
1. Common Law Protection: Automatic protection for unregistered trademarks.
2. Statutory Protection: Protection provided by trademark registration.
3. International Protection: Protection provided by international trademark treaties.

Importance of Trademark Protection

1. Prevents Counterfeiting: Trademark protection prevents counterfeiting.
2. Prevents Infringement: Trademark protection prevents infringement.
3. Protects Brand Reputation: Trademark protection protects brand reputation.
4. Supports Business Growth: Trademark protection supports business growth.
Non-registrable trademark
Meaning:
It refers to a mark that cannot be registered with the trademark office due to
various reasons. These marks may not meet the requirements for registration, such as
distinctiveness, or may be prohibited from registration due to their nature or
characteristics.
Types of Non-Registrable Trademarks
1. Generic Terms: Terms that are commonly used to describe a product or service, e.g.,
"apple" for apples.
2. Descriptive Terms: Terms that describe the characteristics, qualities, or features of a
product or service, e.g., "Best Coffee" for coffee.
3. Functional Terms: Terms that describe the function or purpose of a product or
service, e.g., "Quick Dry" for clothing.

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4. Surnames: Surnames that are not distinctive or unique, e.g., "Smith" for a product or
service.
5. Geographic Names: Geographic names that are not distinctive or unique, e.g., "New
York" for a product or service.
6. Immoral or Scandalous Marks: Marks that are considered immoral or scandalous,
e.g., marks that are obscene or profane.
7. Deceptive Marks: Marks that are deceptive or misleading, e.g., marks that suggest a
false connection to another product or service.
8. Marks that Resemble Other Marks: Marks that resemble other registered marks,
e.g., marks that are confusingly similar.
Industrial designs
Meaning
It refer to the visual appearance of a product or item, including its shape,
configuration, pattern, ornamentation, and color. It is a key aspect of intellectual
property (IP) that protects the unique and distinctive appearance of a product.
Need for protection of industrial designs:
 Economic Importance
1. Encourages Innovation: Protection of industrial designs encourages innovation and
creativity.
2. Increases Competitiveness: Unique and attractive industrial designs can provide a
competitive advantage.
3. Supports Economic Growth: Protection of industrial designs contributes to economic
growth.
 Legal Importance
1. Exclusive Rights: Registration of industrial designs provides exclusive rights to use
the design.
2. Protection from Infringement: Registration protects against unauthorized use or
imitation.
3. Deterrent to Copying: Registration can deter others from copying or imitating the
design.
 Social Importance
1. Promotes Creativity: Protection of industrial designs promotes creativity and
originality.

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2. Supports Cultural Development: Industrial designs reflect a country's cultural

heritage and values.
3. Enhances Consumer Choice: Protection of industrial designs leads to a wider range of
innovative products.
 Technological Importance
1. Encourages Technological Advancements: Protection of industrial designs encourages
technological advancements.
2. Supports Digital Economy: Unique and attractive designs support the digital
economy.
3. Fosters Innovation: Protection of industrial designs fosters innovation in emerging
technologies.

Unit – IV
Copyright – Meaning:
It is a form of intellectual property protection that grants the creator of an
original work the exclusive right to reproduce, distribute, and display the work, as well
as create derivative works.

Conceptual basis of copyright:

I. Intellectual Property Rights
- Copyright law recognizes inherent rights of creators over their original works
- Exclusive rights to reproduce, distribute, and display works
II. Protection of Creative Expression
- Copyright law aims to protect unique and original works
- Prevents copying or use without permission
III. Promotion of Creativity and Innovation
- Exclusive rights incentivize creators to produce new works
- Encourages creativity and innovation
IV. Balancing Individual Rights with Public Interests

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- Copyright law balances individual rights with public interest in accessing creative
works
- Fair use and fair dealing provisions
V. Economic Incentives
- Copyright law provides economic incentives for creators
- Allows creators to profit from their works and invest in future creative endeavors
VI. Moral Rights
- Copyright law recognizes moral rights of creators
- Right to attribution, integrity, and protection against false attribution
VII. International Cooperation
- Copyright law influenced by international treaties and agreements
- Berne Convention, WIPO Copyright Treaty, and other international agreements

Authors and ownership of copyrights:

Authors of Copyrights
1. Definition: The person who creates an original work, such as a literary, dramatic,
musical, or artistic work.
2. Types of Authors: Individual authors, joint authors, and corporate authors.
3. Rights of Authors: Authors have the exclusive right to reproduce, distribute, and
display their work, as well as create derivative works.
Ownership of Copyrights
1. Initial Ownership: The author of a work is typically the initial owner of the copyright.
2. Transfer of Ownership: Copyright ownership can be transferred through assignment,
license, or inheritance.
3. Joint Ownership: When multiple authors collaborate on a work, they may jointly own
the copyright.
Types of Copyright Ownership
1. Individual Ownership: One person owns the copyright.
2. Joint Ownership: Multiple authors own the copyright together.
3. Corporate Ownership: A company or organization owns the copyright.
4. Government Ownership: A government or government agency owns the copyright.

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Rights of Copyright Owners

1. Reproduction Right: The right to reproduce the work in any material form.
2. Distribution Right: The right to distribute copies of the work to the public.
3. Display Right: The right to display the work publicly.
4. Performance Right: The right to perform the work publicly.
5. Derivative Works Right: The right to create derivative works based on the original
work.
Limitations on Copyright Ownership
1. Fair Use: The use of a copyrighted work without permission, but for a limited and
transformative purpose.
2. Public Domain: Works that are no longer protected by copyright and are available for
public use.
3. Compulsory Licenses: Licenses that allow for the use of a copyrighted work without
the owner's permission, but with payment of royalties.

Rights conferred by copyrights:

I. Economic Rights
1. Reproduction Right: The right to reproduce the work in any material form.
2. Distribution Right: The right to distribute copies of the work to the public.
3. Public Display Right: The right to display the work publicly.
4. Public Performance Right: The right to perform the work publicly.
5. Derivative Works Right: The right to create derivative works based on the original
work.
II. Moral Rights
1. Right to Attribution: The right to be credited as the author of the work.
2. Right to Integrity: The right to protect the work from distortion, mutilation, or
modification.
3. Right to Protection from False Attribution: The right to prevent false attribution of
the work.
III. Other Rights
1. Right to Control Importation: The right to control the importation of copies of the
work.
2. Right to Control Rental: The right to control the rental of copies of the work.

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3. Right to Control Communication to the Public: The right to control the

communication of the work to the public

Registration process for copyrights:

Why Register a Copyright?
1. Public Record: Registration creates a public record of the copyright.
2. Presumption of Ownership: Registration provides a presumption of ownership in
court.
3. Statutory Damages: Registration allows for statutory damages in case of
infringement.
4. Attorney's Fees: Registration allows for recovery of attorney's fees in case of
infringement.

What Can Be Registered?

1. Literary Works: Books, articles, poems, and other written works.
2. Musical Works: Songs, compositions, and other musical creations.
3. Artistic Works: Paintings, drawings, sculptures, and other visual arts.
4. Cinematographic Works: Movies, television shows, and other audiovisual works.
5. Sound Recordings: Audio recordings of music, speech, or other sounds.
Registration Process
1. Application: Submit an application to the copyright office.
2. Deposit: Deposit a copy of the work with the copyright office.
3. Fee: Pay the required registration fee.
4. Certificate: Receive a certificate of registration.
Required Documents
1. Application Form: A completed application form.
2. Deposit Copy: A copy of the work being registered.
3. Payment: Payment of the required registration fee.
4. Identity Proof: Proof of identity of the applicant.
Timeline
1. Filing: Application can be filed online or by mail.

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2. Processing: Processing time typically takes 2-3 months.

3. Registration: Registration is effective as of the date of filing.
4. Certificate: Certificate of registration is issued after processing.

Transfer of copyrights:
Transfer of copyrights refers to the process of assigning or licensing the rights of
a copyrighted work from one party to another.

Types of Transfers
1. Assignment: A transfer of ownership of a copyright.
2. License: A permission to use a copyrighted work without transferring ownership.
3. Inheritance: A transfer of copyright ownership through inheritance.
4. Mortgage: A transfer of copyright ownership as security for a loan.

I. Assignment of Copyrights
1. Definition: A transfer of ownership of a copyright.
2. Requirements: Must be in writing and signed by the assignor.
3. Effect: Transfers all rights, title, and interest in the copyright.
II. License of Copyrights
1. Definition: A permission to use a copyrighted work without transferring ownership.
2. Types: Exclusive, non-exclusive, and compulsory licenses.
3. Requirements: Must be in writing and signed by the licensor.
4. Effect: Grants permission to use the copyrighted work, but does not transfer
ownership.
III. Inheritance of Copyrights
1. Definition: A transfer of copyright ownership through inheritance.
2. Requirements: Must be in accordance with the laws of intestacy or the deceased's
will.
3. Effect: Transfers ownership of the copyright to the heirs or beneficiaries.
IV. Mortgage of Copyrights
1. Definition: A transfer of copyright ownership as security for a loan.

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2. Requirements: Must be in writing and signed by the mortgagor.

3. Effect: Transfers ownership of the copyright to the mortgagee until the loan is repaid.

Copyright infringement:
Definition:
Copyright infringement is the unauthorized use, reproduction, distribution, or
display of a copyrighted work.
Types of Infringement:
1. Direct Infringement: Directly copying or using a copyrighted work without
permission.
2. Indirect Infringement: Indirectly infringing a copyright by inducing or contributing to
another's infringement.
3. Secondary Liability: Liability for infringement by providing a platform or service that
facilitates infringement.

Acts of Infringement:
1. Reproduction: Copying a copyrighted work without permission.
2. Distribution: Distributing copies of a copyrighted work without permission.
3. Public Display: Displaying a copyrighted work publicly without permission.
4. Public Performance: Performing a copyrighted work publicly without permission.
5. Derivative Works: Creating derivative works based on a copyrighted work without
permission.
Remedies for Infringement:
1. Injunctions: Court orders to stop the infringement.
2. Damages: Monetary compensation for losses suffered due to infringement.
3. Statutory Damages: Pre-determined damages awarded for infringement.
4. Attorney's Fees: Recovery of attorney's fees and costs.

Copyrights Pertaining to software:

1. Definition: Software copyrights protect original literary, dramatic, musical, and
artistic works, such as computer programs, code, and documentation.

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2. Types of Software Protected: Operating systems, applications, firmware, and software

as a service (SaaS).
Types of Software Protected
1. Operating Systems: Copyright protects operating systems, such as Windows, macOS,
and Linux.
2. Applications: Copyright protects software applications, such as Microsoft Office,
Adobe Photoshop, and Google Chrome.
3. Firmware: Copyright protects firmware, which is software that is embedded in
hardware devices.
4. Software as a Service (SaaS): Copyright protects SaaS, which is software that is
provided over the internet.
Rights Protected
1. Reproduction: The right to reproduce the software, including copying and
distributing.
2. Distribution: The right to distribute copies of the software.
3. Public Display: The right to display the software publicly.
4. Creation of Derivative Works: The right to create derivative works, such as
modifications or updates.
Copyrights pertaining to Internet and digital media:
1. Definition: Internet and digital media copyrights protect original works, such as text,
images, audio, and video, published online.
2. Types of Works Protected: Websites, web pages, blogs, social media content, online
articles, and digital images.
Types of Internet Material Protected
1. Websites: Copyright protects the content, design, and layout of websites.
2. Web Pages: Copyright protects individual web pages, including text, images, and
multimedia content.
3. Blogs: Copyright protects blog posts, including text, images, and multimedia content.
4. Social Media Content: Copyright protects social media posts, including text, images,
and multimedia content.
5. Online Articles: Copyright protects online articles, including news articles, blog posts,
and other written content.

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6. Digital Images: Copyright protects digital images, including photographs, graphics,

and illustrations.
7. Multimedia Content: Copyright protects multimedia content, including videos, audio
files, and podcasts.
Rights Protected
1. Reproduction: The right to reproduce internet material, including copying and
downloading.
2. Distribution: The right to distribute internet material, including sharing and posting.
3. Public Display: The right to display internet material publicly, including posting on
websites and social media.
4. Creation of Derivative Works: The right to create derivative works, such as modifying
or adapting internet material.

Copyright pertaining to digital media:

Types of Digital Media Protected
1. Digital Images: Photographs, graphics, and illustrations in digital format.
2. Audio Files: Music, podcasts, and other audio content in digital format.
3. Videos: Movies, TV shows, and other video content in digital format.
4. E-books and Digital Publications: Digital versions of books, magazines, and other
publications.
5. Software and Apps: Computer programs, mobile apps, and other software in digital
format.
6. Digital Art and Graphics: Digital artwork, graphics, and designs.
7. Virtual Reality (VR) and Augmented Reality (AR) Content: Immersive digital
experiences.
Rights Protected
1. Reproduction: The right to reproduce digital media, including copying and
downloading.
2. Distribution: The right to distribute digital media, including sharing and posting.

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3. Public Display: The right to display digital media publicly, including posting on
websites and social media.
4. Creation of Derivative Works: The right to create derivative works, such as modifying
or adapting digital media.

Unit – V
Meaning of geographical indications:
Geographical indications (GIs) are signs or names that identify a product as
originating from a specific geographical location, such as a country, region, or town. GIs
are used to indicate that a product has a particular quality, reputation, or characteristic
that is linked to its geographical origin.
Examples of geographical indications include:
1. Champagne (France) - a sparkling wine that can only be produced in the Champagne
region.
2. Darjeeling (India) - a type of tea that is grown in the Darjeeling district.
3. Parmigiano-Reggiano (Italy) - a type of cheese that is produced in the Parma and
Reggio regions.
4. Scotch Whisky (Scotland) - a type of whisky that is produced in Scotland.
5. Kona Coffee (Hawaii, USA) - a type of coffee that is grown on the Big Island of Hawaii.
The purpose of geographical indications is to:

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1. Protect the reputation and quality of products from a specific region.

2. Prevent misuse of a geographical name by producers from other regions.
3. Promote the cultural and economic heritage of a region.
4. Provide consumers with information about the origin and quality of a product.
Types of Geographical Indications:
1. Appellations of Origin: Names that identify a product as originating from a specific
geographical location, such as "Champagne" or "Scotch Whisky".
2. Geographical Indications: Signs or names that identify a product as originating from a
specific geographical location, such as "Darjeeling" or "Kona Coffee".
3. Traditional Specialties Guaranteed: Names that identify a product as having a specific
traditional characteristic, such as "Traditional Cypriot Halloumi".
Benefits of Geographical Indications:
1. Protection of Reputation: GIs protect the reputation and quality of products from a
specific region.
2. Promotion of Local Economy: GIs promote the local economy by encouraging the
production and sale of local products.
3. Consumer Protection: GIs provide consumers with information about the origin and
quality of a product.

Protection of Geographical Indications:

I. International Protection
1. TRIPS Agreement: The Agreement on Trade-Related Aspects of Intellectual Property
Rights (TRIPS) provides a framework for the protection of GIs at the international level.
2. Lisbon Agreement: The Lisbon Agreement for the Protection of Appellations of Origin
and their International Registration provides for the international registration of GIs.
3. World Intellectual Property Organization (WIPO): WIPO administers the Lisbon
Agreement and provides a platform for countries to negotiate and agree on GI
protection.
II. National Protection
1. National Laws: Many countries have enacted laws to protect GIs, such as the
Geographical Indications of Goods (Registration and Protection) Act in India.
2. Registration Systems: Countries have established registration systems for GIs, such as
the US Patent and Trademark Office's (USPTO) database of registered GIs.

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3. Enforcement Mechanisms: Countries have established enforcement mechanisms,

such as border control measures and judicial remedies, to prevent the misuse of GIs.
III. Regional Protection
1. European Union (EU) Law: The EU has established a comprehensive system for the
protection of GIs, including the registration of Protected Designations of Origin (PDOs)
and Protected Geographical Indications (PGIs).
2. Regional Trade Agreements: Regional trade agreements, such as the North American
Free Trade Agreement (NAFTA), may provide for the protection of GIs.

Significance of Geographical Indications (GIs):

I. Economic Significance
1. Job Creation: GIs can create jobs and stimulate local economies by promoting the
production and sale of GI-protected products.
2. Increased Revenue: GIs can increase revenue for producers and local communities by
providing a premium price for GI-protected products.
3. Rural Development: GIs can contribute to rural development by promoting the
production and sale of GI-protected products in rural areas.
II. Cultural Significance
1. Preservation of Traditional Knowledge: GIs can help preserve traditional knowledge
and cultural heritage by promoting the use of traditional production methods and
ingredients.
2. Promotion of Cultural Diversity: GIs can promote cultural diversity by recognizing
and protecting the unique cultural and geographical characteristics of a region.
3. Community Empowerment: GIs can empower local communities by giving them
control over the production and sale of GI-protected products.
III. Environmental Significance
1. Sustainable Agriculture: GIs can promote sustainable agriculture by encouraging the
use of traditional and environmentally friendly production methods.
2. Conservation of Biodiversity: GIs can contribute to the conservation of biodiversity by
promoting the use of local and traditional varieties of plants and animals.
3. Protection of Natural Resources: GIs can help protect natural resources by promoting
the sustainable use of water, soil, and other natural resources.
IV. Social Significance

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1. Consumer Protection: GIs can provide consumers with information about the origin
and quality of GI-protected products.
2. Fair Trade: GIs can promote fair trade by ensuring that producers receive a fair price
for their GI-protected products.
3. Community Development: GIs can contribute to community development by
promoting the production and sale of GI-protected products in local communities.
V. International Significance
1. Global Recognition: GIs can provide global recognition for GI-protected products,
promoting their export and sale worldwide.
2. International Cooperation: GIs can facilitate international cooperation by promoting
the exchange of knowledge and best practices in the production and protection of GI-
protected products.
3. Protection of Intellectual Property Rights: GIs can help protect intellectual property
rights by preventing the misuse of GI-protected products and promoting the use of
authentic GI-protected products.

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