Intellectual Property

Rights
20GNS502J-RESEARCH METHODOLOGY

Speaker: Ms.Mary Joseph,AP/CSE

REG NO:PA2213003012003

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Introduction

• Intellectual property (IP) and intellectual property rights (IPRs) are

considered as a barometer of research and development activities.
• This gives researcher an experience of deep dive into the world of Intellectual
Property.
• For a fast pace technological/industrial development an understanding of IPR
is utmost essential.
• It is important for the progress of a nation’s development

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Intellectual property
• There are two types of properties:
1. Physical Property: It is the tangible property such as Land,
Ornaments, House, Money, Building, and so on.
2. Intellectual Property: It is the intangible property such as Patent,
Copyright,Trademark,Design,Geographical indications,
and so on.

• Various forms of invention, creativity, research, innovations, artistic creations

are covered by Intellectual property.
• IP include literary work (e.g., Book), electronic devices (e.g., Mobile), songs,
movies, pharmaceutical products etc.
• The legal rights covering IP are called as Intellectual property rights.
• For example, an original literary work and an invention are intellectual
property and when protected by the IPR, they will be termed as copyright
and patent, respectively.
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What is meant by IPRs?
• Intellectual Property (IP) is any creation of human mind.
• Like tangible property, their creation has a value and it needs to be protected.
• Intellectual Property Rights (IPR) gives them this protection, as well as
help them exploit and control their IP.
• The exclusive right granted by State to prevent others from using inventions,
processes, applications, trademarks, artistic and literary works.
• Such a person is known as ‘rights owner’ or ‘rights holder’.

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Significance of Intellectual property rights

• It is important to protect the novelty in the form of IP because it is a key

element required to maintain a competitive point in the marketplace.
• IP is an integral part of the commercial process.
• The supervision and protection of IP can mean the difference between victory
and disappointment in business today.
• The Movies, music rendition recordings, theater renditions, books, computer
applications, and online facilities are basically traded due to the originality of
content.
• Many commodities that used to be imported or exported, now contain
innovation and design in their goods, like brand-named products/clothing.

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Significance of Intellectual property rights

• IPRs are the key handlers of economic performance in Research and

Development–based business models by preventing others from infringing
the original creation.
• It is to be noticed that rationalization of the implementation of the rights
ensued is restricted to the territory/country which permits such rights and
cannot be extended beyond the province of the that country.

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World Trade Organization (WTO) recognizes following forms
of IPR, under Trade Related Aspects of Intellectual Property
Rights, known as TRIPS agreement

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Patent
• Patents: Is a monopoly right granted to a person, who invented a new product
or process of making an article.

• 20years under the Indian Patens Act, 1970, and can be renewed after
expiration of period.
• The inventor has to file for patent first, and then make his/ her invention to
public.
• A patent has to be applied in each country by the inventor, to claim his rights
in that country.
• Eg: A group of scientists working on new drug development in Himalaya
Drugs for some salary. The patent of the drug developed is given to Himalaya
Drugs, but not to the scientists. The drug may have many patents like
composition, process, and product etc.

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Types of Patent
• Utility Patent: Whoever invents or discovers any new and useful process, machine,
manufacture, or composition of matter, or any new and useful improvement thereof, may obtain
a patent therefore, subject to the conditions and requirements of this title. E.g: (functional) toys,
coatings, tools, machines, good for 20 years.

• Plant Patent: Whoever invents or discovers and asexually reproduces any distinct and new
variety of plant, including cultivated spores, mutants, hybrids, and newly found seedlings, other
than a tuber propagated plant or a plant found in an uncultivated state.

• Design Patent: Whoever invents any new, original, and ornamental design for an article of
manufacture may obtain a patent. E.g: (non-functional) a decoration, apparel, jewellery.

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• Under the Indian Patent Law, a “Patentable invention” must be,
⮚a new product or process;
⮚non-obvious;
⮚ useful; and
⮚capable of industrial application.
• Novelty: Novelty (newness) in an invention depends upon the state of prior art, i.e., the existing
knowledge and similar inventions already known in the particular field.
• There will be no novelty, if there has been prior publication and prior use of same or an identical invention.
• In other words, the invention must involve any innovation or technology which has not been anticipated by
publication in any document or used in the country or elsewhere in the world before the date of filing of
patent application.

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• Persons entitled to apply for patent:
⮚Person claiming to be the true and first inventor of the invention.
⮚ Any person being the assignee of the true and first inventor of the invention by the legal
representative of any deceased person who immediately before death was entitled to make
such an application.
• Full Disclosure of invention
⮚While the Act grants exclusive right to the inventor to exploit his invention for commercial
gain for a specific period of time, it also imposes on him the duty of fully disclosing the
invention in the complete specification so as to facilitate anyone from the public working the
invention, once the period of protection is over.
⮚The full disclosure of the patented invention is mandatory. If this is not done, the patent will
not be granted. The validity of such patent, even if granted, can be contested by an opposing
party. The patent can be revoked on such contest succeeding.
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You need a patent if:
⮚ You have invented a product you want to market yourself or sell to a manufacturer.
⮚ You believe someone else could sell the product by copying your inventions.

Patent application must include:

⮚ In-depth description of invention.
⮚ Drawing of invention.
⮚ Completed “Declaration for Patent Application.”
⮚ Notarized statement from inventor.
⮚ Filing fee to Patent & Trademark Office.

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Pathway to a Patent
• File a Disclosure Document (Disclosure Statement)
– Establishes date of conception of idea (who has the rights?)
– Get a two year grace period
• File a Provisional Patent Application
– Protect your ideas while talking to manufacturers/potential funders
– Can use the term “patent pending” on the invention
– Only good for 12 months,then must file non-provisional application
• File Non-Provisional Patent Application
– File complete description with the PTO (Patent & Trademark Office)
– “patent applied for” good for two years’ of protection.

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Patent Application filing in India

• The Patent Act, 1970 governs patents in India, which was modified in the years 1999 and 2016,
respectively.
• A patent is a lawful control conferred to the owner of an invention for a specific duration.
• With this right, a patentee can stop others from selling, importing, or manufacturing the patented
invention.
• The time-span of examination and granting of patent varies depending on number of applications
received at Patent office.
• Once a patent is granted, a patentee can enjoy its benefit for 20 years from the date of filing an
application.

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Copyright
⮚ Copyright is a monopoly right restraining others from exercising that right which has
been conferred on the owner of copyright.
⮚ It is a negative right meaning thereby that it is prohibitory in nature.
⮚ It is a right to prevent others from copying or reproducing the work.
⮚ The object of copyright is to encourage authors, composers and artists to create
original works by rewarding them the exclusive right for a specific period to
reproduce the works for publishing and selling them to the public.
⮚ The moral basis of copyright law rests in the eighth commandment “Thou shall not
steal”.

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⮚Copyright is not a single right. It is a bundle of rights in the same work.
⮚For e,g. in the case of a literary work, copyright consists of reproduction in print
media, the right of dramatic and cinematographic versions, the right of translation,
adaptation, abridgement and the right of public performance.
⮚ Copyright consists not merely of the right of reproduction. It also consists of right
to works derived from the original work, rights like the right of public
performance, the recording right and the broadcasting right. Such related rights
are called “neighbouring rights”.

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⮚Copyright subsists in “original literary, dramatic, musical and artistic works; cinematographic
films and sound recordings”.
⮚ Literary work includes computer programs, tables, compilations including computer data bases.
⮚Dramatic work includes any piece for recitation, choreographic work or entertainment in a
dumb show, the scenic arrangement or acting form.
⮚ Music work means a work consisting of music and includes any graphical notation of such
work, but does not include any works or action intended to be sung, spoken or performed with
the music.
⮚ An artistic work means a painting, a sculpture, a drawing (incl. diagram, map, chart or plan), an
engraving or a photograph, whether or not any such work possesses artistic quality; a work of
‘architecture’ means any building or structure having an artistic character or design or any
model for such building or structure.

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• To qualify for copyright in India, the work should satisfy the following
conditions:-
⮚ the work is first published in India;
⮚ where the work is first published outside India, the author at the date of
publication must be a citizen of India. If the publication was made after the
author’s death, the author must have, at the time of death, been a citizen of India.
⮚ In the case of unpublished work the author, on the date of making of the work, is
a citizen of India or domiciled in India.

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⮚To file a copyright the author can follow the stepwise approach:

• Categorize work in appropriate category

• Determine the ownership
• Identify the application forms
• Fill the registration form online/offline as desired
• Pay the fee and submit the required documents

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⮚ Copyright infringement is an act wherein the other party acts as having the exclusive rights of an
author without the consent or authorization of the author.
⮚ One cannot assume that any work on the internet is in community purview. Altering an image is an
exclusive right of the copyright owner and requires permission almost all the time.
⮚ Any use of copyrighted material will not be considered as infringement when these are used for
reproduction in news reporting, teaching, research, criticism, national cause, religious programs,
and so on.

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Trademark
A trade mark is an identity that distinguishes goods and services of one from
others.

Enter label here

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❑ Trademark can be a word, name, brand,
symbol, label etc., used by a company to create
a unique identity for their product.

❑ Trademark can be registered, and then use ™

®.

❑ The registration validity is for 7 years and

renewable after expiry.

❑ In India, it is governed by the Trade and

Merchandise Marks Act, 1958, which came into
force on 25th Nov., 1959. 24
❑ Trade Marks Act, 1999 defines TM as a mark capable of being represented graphically and
which is capable of distinguishing the goods or services of one person from those of others and
may include shape of goods, their packaging and combination of colours.
❑ Mark includes “Device, brand, heading, label, ticket, name, signature, word, letter, numeral,
shape of goods, packaging, combination of colours, and any combination thereof.”
❑ Brand refers to a name, term, sign, symbol, or design, or a combination of them, intended to
identify the goods or services of one seller or group of sellers and to differentiate them from
those of competitors. E.g. McDonald for restaurants, Cycle brand agarbattis, etc.
❑ Brand Name is that part of a brand which can be vocalized-the utterable.
❑ Brand Mark is that part of a brand which can be recognised but is not a utterable, such as
symbol, design or distinctive colouring or lettering.
❑ Device refers to pictorial representations – e.g. animals, birds, landscape buildings, etc.
❑ Letter as a mark is the identity created out of letterforms and has its inbuilt strength of
distinctiveness and individuality – e.g. IBM, GM, ELBEE, 3M etc.

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❑ The unregistered trademarks are depicted by the symbol “TM”.
❑ The registered trademark is denoted by the “®” symbol.
❑ A registered trademark is supposed to guarantee the quality of goods bearing the mark.
❑ It can be used as for marketing and building a brand.

The attributes that a trademark must possess are:

❑ it must be an invented work, and it must be distinctive.
❑ Also, the mark must not be deceptively similar to an existing mark, name, or surname of person,
word that reveals the nature of product, or geographical name.

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 Service Mark: A service mark is used to distinguish the services provided by any enterprise.
❑ The service mark is identified by symbol SM as opposed to TM.
❑ The line of difference between the SM and TM is very thin. The SM is used for services,
whereas TM is used by enterprise to identify and distinguish products.
❑ The SM can be a system supplying public needs such as electricity, water, transport,
communication, maintenance or repair work, or any such service.
❑ There are many enterprises those manufacture products as well as provide services such as
Amazon.
❑ A very prominent example of service mark for restaurant services is McDonald’s.

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 The Certification mark does certify the origin or nature of the goods and services.

❑When any product successfully passes a test, it is said to meet certain standard imposed by the
certification authority.
❑The CM shows the level of standard of a company, that is, it shows that goods and services of the trader
are certified as meeting certain standards laid by certification agency.
❑With this, the consumer is assured that the manufacturer has ensured the standard of production.
❑The certification mark identifies the material, origin, and the quality of the goods and services that
distinguishes a specific brand/company from other competitors.
❑In short, certification marks define “standard” of goods and services.
❑Example: ISI mark used for industrial product, Woolmark is certification for fabrics, Agmark for all
agricultural products, and so on.

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Industrial Designs
❑Design deals with features, shapes, patterns, etc., applied to an
article by an industrial process, manual or mechanical. Eg.,
chair is a utility item.
❑However, chair itself does not qualify for IPR, but its special
carvings, embossing etc., is done which increases the value of
chair though it’s utility remains same, it becomes eligible for
IPR under Designs Act.
❑Designs can be registered based on its originality, henceforth
they can use ® or registered, with registration number.

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❑The laws governing designs are the Designs Act of 2000 and the Designs Rules of 2001.
❑In India designs are defined as follows:
‘A design refers to the features of shape, configuration, pattern, ornamentation or composition of
lines or colors applied to any article, in two or three dimensional (or both) forms’. (Design Office,
Kolkata: Guidelines for Registration)
❑ Designs are valid for a maximum of ten years, renewable for a further five years.
❑ The ‘right of priority’ for previous filings of designs overseas requires filing in India within six
months of an overseas filing

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❑Design rights -consist of both registered and unregistered forms.
❑ The distinctions between what exactly may be protected by each, and the relative levels of
protection, are complex. Expert advice is needed to choose which is appropriate.
❑ The more common type is the registered design, covering the appearance (that is, the shape
or pattern) of a product or its packaging, as well as typefaces and graphics.
❑To be registered in the UK a design must be distinctive and novel – it should not ‘remind an
informed person of an existing design’ – as well as meeting other detailed criteria.
❑ Whilst there are costs involved in obtaining registered design rights ,this form of IPR can
be treated in the same way as patents and it provides a good level of protection.
❑ A registered design right lasts for up to 25 years in the UK and must be renewed every five
years.

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Geographical Indication
❖This is an indication, that originates from a definite
geographical area, which is used to identify natural or
manufactured product.
❖For eg., Gadwal/ Pochampally Sarees, Nirmal paintings,
Kolhapuri Chappals etc., qualify for registration under this
category.
❖It is valid for 10 years.
❖The application for registration can be an association of
persons, organization or by producers.

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• In India the protection of GI was enacted in 1999, as it was the member state of the
TRIPS Agreement.

• Advantages of Registration and Protection Act states that Consumers are protected
from deception by inhibiting misuse of GI by any unauthorized person and interest of
producers is maintained.
• Moreover, the export market will have goods of Indian GI.
• Geographical indications are goods such as natural, agricultural, or manufactured
goods, where its features are attributable to its geographical origin, such as climate,
soil, and a traditional method of production.
• Some examples of GI are Alphonso mango, Nagpur Oranges, Surat Zari craft,
Chanderi Saree, Kanjeevaram Silk, Darjeeling Tea and so on.

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Role of Intellectual Property in Technology Transfer

• Technology transfer in simple words is the transfer of

research/developments in to a product form which can be
commercialized.
• Motivate competencies for incredible corporate and new-age start-ups.
• IPR supports the inventors to look after their creations and to prohibit
others to create, trade, or fabricate for a period of predefined years.
• IPRs permit innovators to get worthwhile skills on the market, for the
reason favorable to them for his or her progressive struggles and reward
them for the funds acquired in the course of the study and progress.
• An adequate and strong IPR policy aids setting up nations in growth and
science transfer, therefore benefiting for novelty and offering revenues
in research and progress.

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WTO

• WTO was born on 1st January 1995 with main objective to improve the welfare of people of
member countries.
• Its main function is to ensure that trade flows as smoothly, predictably & freely as possible.

• EVOLUTION OF WTO
• Breetonwood Conference 1944
• General Agreement on Tariffs & Trade (GATT Agreement)

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1) Breetonwood conference 1944:
• To overcome recession after post world war II group of 44 nations met in Breetonwood,New
hampshire,England to discuss the establishment of an organization, which will help restoring the
international trade.
2) General Agreement On Tariffs & Trade (GATT Agreement):
• GATT was established in 1948 in Geneva.
Objective:
• Increase international trade by reducing and rationalizing the tariffs.
• GATT had no solid legal foundation.
• It was dealing only with the trade of goods analyzing the tariffs.

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Structure
• The highest WTO authority is the Ministerial Conference which meets every two years.
• The day-to-day work of the WTO, falls to a number of subsidiary bodies, principally the General
Council.
• The General Council delegates responsibility to three other major bodies - Councils for Trade in
Goods, Trade in Services and Trade-Related Aspects of Intellectual Property Rights.
• Secretariat and budget
⮚ The WTO Secretariat is located in Geneva.
⮚ It has around 450 staff and is headed by its Director-General, Renato Ruggiero, and four Deputy
Directors-General.

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WTO Functions
• To oversee implementing and administering WTO agreements.
• To provide a forum for negotiations.
• To provide a dispute settlement mechanism.
• To administer trade agreements.
• To review national trade policies .
• To assist developing countries in trade policy issues.
• To cooperate with other international organizations.
• Ensure trade flows smoothly .
• Provide developing countries with trade related training program

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The goals behind these functions include:
• Raising standards of living
• Ensuring full employment
• Ensuring large and steadily growing real incomes and demand
• Expanding the production and trade in goods and services

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World Intellectual Property
Organization(WIPO)

• Intellectual property refers to creations of the mind. It is divided into two categories:
• Industrial property includes patents for inventions, trademarks, industrial designs, integrated
circuits and geographical indications.
• Copyright and related rights cover literary and artistic expressions (e.g. novels, poems, plays,
films, music, artistic works and architecture) and the rights of performing artists in their
performances, producers of phonograms in their recordings and broadcasters in their radio and
television broadcasts.

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• WIPO serves as a forum for its Member States to establish and harmonize rules and practices for
the protection of IPR.
• WIPO also services global registration systems for trademarks, industrial designs and appellations
of origin, and a global filing system for patents.
• WIPO plays a key role in helping new systems to evolve through treaty negotiation, registration,
enforcement, legal and technical assistance and training in various forms.

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• The World Intellectual Property Organization (WIPO) was established in 1970
.
• The Organization became a specialized agency of the United Nations in 1974.
• Based in Geneva, with an international staff of some 1,300 employees, WIPO
counts 184 Member States – more than 90 percent of the world’s countries.
• WIPO is dedicated to developing a balanced and accessible international
intellectual property (IP) system, which rewards creativity, stimulates innovation
and contributes to economic development while safeguarding the public interest.

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Functions of WIPO
• Harmonize national intellectual property legislation and procedures.
• Provide services for international applications for industrial property rights .
• Exchange intellectual property information.
• Provide legal and technical assistance to developing and other countries.
• Facilitate the resolution of private intellectual property disputes.

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What is TRIPS?
• The WTO Agreement on Trade-Related Aspects of Intellectual Property Rights
(TRIPS) is the most comprehensive multilateral agreement on intellectual property
(IP).

• It plays a central role in facilitating trade in knowledge and creativity, in resolving

trade disputes over IP.

• It frames the IP system in terms of innovation, technology transfer and public welfare.

• The Agreement is a legal recognition of the significance of links between IP and trade
and the need for a balanced IP system.

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• The WTO’s TRIPS Agreement is an attempt to narrow the gaps in the way these
rights are protected and enforced around the world, and to bring them under common
international rules.
• It establishes minimum standards of protection and enforcement that each government
has to give to the intellectual property held by nationals of fellow WTO members .

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 The TRIPS Agreement covers five broad areas:
• how general provisions and basic principles of the multilateral trading system apply to
international intellectual property
• what the minimum standards of protection are for intellectual property rights that members
should provide
• which procedures members should provide for the enforcement of those rights in their own
territories
• how to settle disputes on intellectual property between members of the WTO
• special transitional arrangements for the implementation of TRIPS provisions.

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Thank you!!

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