Intellectual property rights

This pdf is about intellectual property rights in which we discuss patent role in india, copyright, trademark, industrial design, geographic indication, etc

1. INTELLECTUAL PROPERTY
RIGHTS
It is a legal concept which refers to creations of the mind for which exclusive
rights are recognized. Under IPR law, owners are granted certain exclusive rights
to a variety of intangibles assets, such as musical, literary, artistic works,
discoveries and inventions, words phrases, symbols and design.

IPR are legal rights, which results from intellectual activity in industrial, scientific,
literary and artistic field. These rights safeguard creators and other producers of
intellectual goods and variety.
The IPR is recognized by the governments only so long as it is not to the detriment
of the society.

THE MAIN IPR PROTECTION ARE AS FOLLOWS:-
1. PATENT
2. DESIGN
3. TRADE MARK
4. COPYRIGHT
5. GEOGRAPHICAL INDICATION
6. INDUSTRIAL RIGHTS
7. TRADE SECRETS

2. WHY WE NEED IPRs.
 To protect the morals.
 Increase the economic growth.
 To growth opportunities for big and small companies.
 To prevent our invention, secrets from any misconduct.
 It prevents others from using, manufacturing, distributing products,
process, application, trade names, geographical names, ideas and designs.



PATENT
DEFINATION
A patent is the right granted by a government to an inventor to exclude other
from imitating, manufacturing, using or selling the invention in question for
commercial use during the specified period.
 It provides protection for the invention to the owner of the patent.
 Patent protection means that the invention cannot be commercially made,
used, distributed or sold without the patent owners consent.
 A patent owner has the right to decide who may or may not use the
patented invention for the period in which the invention is protected.
 The patent owner may give permission to, or license, other parties to use
the invention or mutually agreed terms.
 The owner may also sell the right to the invention to someone else, who
will then become the new owner of the patent.
 Once a patent expire, the protection ends.

3. LEGISLATION:-
The patent system in India is governed by the Patents Act, 1970(No 39 of 1970) &
the patent Rules 1972, effective from April 20, 1972. Subsequently the Patents
Act, 1970 is amended effective from January 1, 1995 & The Patents Rules, 1972 is
amended effectively from June2, 1999.

PATENT REQUIREMENTS: -
The chief requirements for the grant of a patent are as follows.
1. Novelty – the invention must be new and should not be already known
to the public.
2. Inventiveness – the inventor should not be obvious to a person skilled in
the art, and should represent an innovation.
3. Industrial application and usefulness – the subject matter of the patent
must have an industrial application, either immediate or in the future,
and this application should be useful to the society/ nation.
4. Patentability – the subject matter of the patent must be patentable
under the existing law and its current interpretation.

PROCESS OF PATENTING:-
An inventor files a properly prepared application with the patent office of the
concerned country. The application is scrutinized and assessed by patent officials,
if found unsuitable for patenting, it is returned to the inventor along with the
reason therefore. The inventor may withdraw the application, modify and

4. Resubmit it or submit it with an explanation of the objection raised by the patent
office. If an application is considered suitable for patenting, the invention along
with adequate details of the desired patent is published for the information of all
concerned in India, this is done 18 months after the date of filling of the
application, anyone who is wishes to challenge the award of patent can do so
within a specified period of time, e.g., within four months in India.

PATENT OFFICE IN INDIA
The patent office is headquartered at Kolkata with branches in Chennai, New
Delhi and Mumbai. The office of the patent information system and Rajiv Gandhi
National Institute for Intellectual Property Management is at Nagpur.

PATENT IN INDIA:-
The number of patents in India in 2004 was 6,406, while it was 1, 82,385 in China.
There were a total of about 5.6 million patents in force worldwide in 2005 as per
World Intellectual Property Organization (WIPO) Patent Report.

LIMITS OF A PATENT
A patent is limited both in time and space.
The two limitations of patent are
1. Limitation of time – A patent is valid for a specified period of time from the

5. Date of its award; in most countries this period is 15-20 years. The Indian
patent Act (1970) grants protection for 7-14 years.
2. Limitation of space – A patent is valid only in the country of its award, it is
not valid in other countries; this is the limitation in space.
Roche bags the first product patent in India.
Swiss drug maker F Hoffmann la-Roche achieved a milestone by becoming the
first pharmaceuticals company in India to receive a product patent under the new
patent regime.


COPYRIGHT
DEFINATION:
Certain intellectual properties are not patentable; they must be protected by
copyright.
A copyright gives the creator of original work exclusive rights to it, usually for a
limited time. Copyright may apply to a wide range of creative, intellectual, or
artistic forms, or works. Such as properties of authored and edited books, audio
and video cassettes, etc. Copyright does not cover ideas and information
themselves, only the form or manner in which they expressed.
Copyright is a legal concept, enacted by most governments, giving the creator of
original work exclusive rights to it, usually for a limited time. Generally, it is the
right to copy. Bur also gives the copyright holder the right to be created for the
work, to determine who may adapt the work to other forms, which may perform
the work, which may financially benefit from it, and other related rights.

6. ENTITLEMENT TO COPYRIGHT: -
A work will qualify for copyright protection if:-
 It is of a type protected by copyright under the Act.
 It is recorded in some form- e.g. in writing, by a sound recording, on a
computer disk, or in printed form.
 The work meets the requisite degree of originality. A work is original if
adequate skill, labor and judgment are spent on creating it.

WORKS PROTECTED BY COPYRIGHT: -
The types of copyright works are broadly categorized into:-
 Original literary, dramatic, artistic or musical works,
 Work to the public sound recording, films or broadcasts and
 The typographical arrangements of published editions.
 Preparatory design material from a computer program.
 A computer program.
 A database

RIGHTS GRANTED BY COPYRIGHT
Copyright grants certain rights that are exclusive to its owner. Based on these
rights, the copyright owner.
 Can copy the work.
 To import or export the work.

7.  Communicate the work in public.
 To sell or assign these rights to other
 Issue copies of the work to the public.
 Perform the show or play the work in public.

HOW TO FILE A COPYRIGHT APPLICATION: -
 Classify the work
 Determine the owner
 Identify appropriate form
 Complete registration form
 Comply with deposit requirements
 Payment if fee



TRADMARK
DEFINATION:-
A trademark is generally a word, phrase, symbol or design or a combination there
of, that identifies and distinguishes the source of the goods of the party from
those of others.
A service mark is the same as a trademark, except that identifies and
distinguishes the source of a service rather than goods, the terms “trademark and
mark refer to both trademarks and service mark.

8. The trademark owner can be an individual, business organization, or may legal
entity. A trademark may be located on a package, a label, a voucher or on the
product itself. For the shake the cooperate identity trademark are also being
displayed on company buildings.
It may be one or a combination of words, letters, and numerals. They may consist
of drawings, symbols, three- dimensional signs such as the shape and packaging
of goods, audible signs such as music or vocal sounds, fragrances, or colors used
as distinguishing features. It provides protection to the owner of the mark by
ensuring the exclusive rights to use it to identify goods or services, or to authorize
another to use it in return for payment.
It help consumers identify and purchase a product or service because it nature
and quality, indicated by its unique trademark, meets their needs.

USAGE:-
Trademark is used to claim exclusive properties of product and services. The
usage of trademark by its owner can cause legal issues if this usage makes him
guilty of false advertising or if the trademark is offensive.
Trademark can be owned, but also licensed. Many toy suppliers are licensees.
For example:-
 Bully land obtained a license to produce Smurf figurines.

9. A trademark may be designated by the following symbol:-
 TM (the “trademark symbol”), which is the letters “TM”, for an
Unregistered trademark, a mark used to promote or brands goods.
 SM which is the letter “SM” in superscript, for an unregistered service
mark, a mark used to promote or brand service.
 R® the letter “R” surrounded by a circle, for a registered trademark.

TYPE OF TRADEMARK AVAILABLE :-
 Symbols
 Monograms
 Shape of goods or their packaging
 Marks constituting a 3- dimensional sign.
 Names, including your name or Surname.
 Letters or numerals or any combination.
 Combination of colors or even a single color in combination with a word or
device.
 Sound marks when represented in conventional notation or described in
words by being graphically represented.

10. WHY REGISTER A TRADEMARK…???
 To prevent others from using the trademark without the registered owner’s
permission. E.g., to prevent infringement.
 To maintain the reputation of goods or services.
 Economic benefits
 Maintain the consumers trust.

DURATION OF TRADEMARK: -
The term of registration of a trademark is 10 years. This may be renewed for a
further period of 10 years on payment of the renewal fees. And their office is at
Mumbai Goa. MP, Jammu & Kashmir, Punjab, Haryana, Uttar Pradesh, Himachal
Pradesh, Delhi, and Chandigarh.



GEOGRAPHICAL INDICATION (GI)
DEFINATION:-
GI are sign used on goods have a specific geographical origin and possess qualities
or a reputation that are to that place of origin. Agricultural products typically have
qualities that derive from their place of production and are influenced by specific
local factors, such as climate and soils.

11. They may also highlight specific qualities of product, which are due to human
factors that can be found in the place of origin of the products, such as specific
manufacturing skills and traditions. GI may also be used for a wide variety of
products, whether natural, agricultural, or manufactured.


WHY DO GEOGRAPHICAL INDICATIONS NEED PROTECTION?
GI are understood by consumer to denote the origin and the quality of the
products. Many of them have acquired valuable reputations which, if not
adequately protected, may be misrepresented by dishonest commercial
operators.
False use of GI by unauthorized parties is detrimental to consumers to legitimate
producers. Consumers are deceived into believing that they are buying a genuine
product with specific qualities and characteristics, when they are in fact getting an
imitation.

HOW ARE GEOGRAPHICAL INDICATIONS PROTECTED?
GI are protected in accordance with international treaties and national laws under
a wide range of concepts, including-
 Consumer protection laws
 Laws against unfair competition
 Trademark laws in the form of collective marks or certification marks
 Specific laws or decrease that recognizes individual geographical indications
& appellations of origin.

DEVELOPING A GEOGRAPHICAL INDICATIONS ….What is
involved…???

12. In order for a GI to effectively create brand equity for a product, or to have a
positive effect on rural development or the preservation of TK, TCEs or




Biodiversity, it is necessary to develop a comprehensive GI scheme. This is the set
of rules and mechanisms underlying the functioning of a GI. Developing a GI
scheme involves a number of important steps, such as:
 Identifying the product’s characteristics and assessing whether it has
potential in internal or external markets,
 Strengthening the cohesion of the group of producers and other operators
involved, who will be the pillars of the GI scheme.
 Setting up standards, sometimes called a code of practice or regulations of
use. The cod e of practice or regulations of use usually, among other things,
circumscribes the product’s geographical region of production, and
describes the production and processing method s. it may also describe the
factors, natural and /or human, that are present in the region and
contribute to the characteristics of the product.
 Devising marketing strategies
 Obtaining legal protection for the GI and designing an enforcement
strategy.
For example: - Himachal Pradesh- Kinnauri Shawl,
Rajasthan- Bikaneri Bhujia
West Bengal- Darjeeling tea

WHO CAN APPLY FOR THE REGISTRATION OF A GEOGRAPHICAL
INDICATION:-

13.  Any association of person, organization or authority established by or
under the low can apply.
 The application should be in writing in the prescribed form.
 The application should be addressed to the registrar of geographical
indication along with prescribed fee.


WHI IS A PRODUCER IN RELATION TO A GIs.
The person dealing with 3 categories of goods are converted under the term
producer:-
1. Agriculture goods include the production, processing or dealing.
2. Natural goods include exploiting, or dealing.
3. Handicraft or industrial goods include making, manufacturing, or trading.

VILIDTY
The registration of geographical indication is valid for a period of 10 years. It can
renewed from time to time for further of 10 year each.


INDUSTRIAL DESIGN
DEFINATION:-
An industrial design right is an intellectual property rights that protects the visual
design of objects that are not purely utilitarian. An industrial design consists of
the creation of a shape, configuration or composition of pattern or color, or
combination of pattern and color in three- dimensional forms containing aesthetic

14. value. An industrial design can be a two- or three- dimensional pattern used to
produce a product, industrial commodity or handicraft





WHY PROCTECT INDUSTRIAL DESIGN..??
Industrial designs are what make a product attractive and appealing; hence, they
add to the commercial value of a product and increase its marketability.
When an industrial design is protected, this helps to ensure a fair return on
investment. An effective system of protection also benefits consumers and the
public at large, by promoting fair competition and honest trade practices.
Protecting industrial design helps economic development, by encouraging
creativity in the industrial and manufacturing sectors and contributes to the
creativity in the industrial and manufacturing sectors and contributes to the
expansion of commercial activities and the export of national products.

HOW CAN INDUSTRIAL DESIGN BE PROTECTED: -
In most countries, an industrial design must be registered in Oder to be protected
under industrial design law. As a general rule, to be registrable, the design must
be “new” or “original”. Different countries have varying definitions of such terms,
as well as variations in the registration process itself.
Generally, “new” means that no identical or very similar design is known to have
existed before. Once a design is registered, the term of protection is generally five

15. year, with the possibility of further periods of renewal up to, in most cases, 15
years.
Depending on the particular national law and the kind of design, an industrial
design may also be protected as a work of RT UNDER COPYRIGHT LAW. IN SOME
COUNTRIES, INDUSTRIAL DESIGN AND COPYRIGHT PROTECTIO CAN exit
concurrently. In other countries, they are mutually exclusive: once the owner
chosen one kind of protection can no longer invoke the other.


Under certain circumstances an industrial design may also be protectable under
unfair competition law, although the condition of protection and the rights and
remedies ensured can be significantly different.

WHAT CAN NOT BE PROTECTED BY DESIGN RIGHT..???
Designs that are generally barred from registration in many territories include:
 Designs that do not meet the requirements of novelty, originality and /or
individual character;
 Design that are considered to be dictated exclusively by the technical
functional design features may be protected, depending on the facts of
each case, by other IP rights(e.g. patents, utility models or trade secrets)
 Design incorporating protected official symbols or emblem (such as
national flag).
 Design which are considered to be country to public order or mortality.

WHAT RIGHS ARE CONFRRED BY INDUSTRIAL DESIGN
PROTECTION..?

16. When an industrial design is registered, the holder receives the right to prevents
unauthorized copying or imitation by third parties. This including the rights to
prevent all unauthorized parties from making, selling or importing any product in
which the design are territorial in nature, this right is limited to the territory for
which the design is registered.





TRADE
SECRETS
DEFINATION:-
When the individual/ organization owing an intellectual property do not disclose
the property to any one and keeps it as a closely guarded secret to promote his
business interest. It is called trade secret.
It may be confidential business information that provides an enterprise a
competitive edge may be considered a trade secret. Usually these are
manufacturing or industrial secrets and commercial secrets.
These include sales methods, distribution methods, consumer profile, and
advertising strategies, lists of suppliers and clients, and manufacturing processes.
A trade secret can be protected for an unlimited period of time but a substantial
element of secret must exist, so that, except by the use of improper means, there
would be difficulty in acquiring the information. Considering the vast availability
of traditional knowledge in the country the protection under this will be very
crucial in reaping benefits from such type of knowledge. The Trade Secret,
traditional knowledge is also interlinked / associated with the geographical.

17.  Trade secret may relate to formulae, process or materials.
e.g., the best guarded secret of the modern times concerns the formulation
of Coca Cola.







Trade secrets offer the following advantages:-
1. They are of unlimited duration.
2. It is not necessary to satisfy the rather stringent requirements for
protection under say, patents.
3. The cost of filing, contesting and enforcing patents is saved.
4. The risk of someone improving upon the product, process, etc. is
minimized.

Trade secrets, however, suffer from the following drawbacks, which often outweigh their
advantages.
1. Maintain trade secrets itself is a costly affair.
2. It offers no protection from independent innovation/ invention.
3. Nondisclosure of the invention/ innovation does not give others a chance
to improve upon the original invention.

18. ASSIGNMENT

ON
INTELLUTAL
PROPERTY RIGHTS

CHAUDHARY DEVI LAL UNIVERSITY
DEPATRMENT OF FOOD SCIENCE AND TECHNOLOGY

19. SIRSA, HARYANA


Submitted To: - Submitted By:-
Dr. Kawaljit Singh Sandhu Vinita Sharma
Roll no. 01





REFERENCE:-
 www.cid.harvard.edu/archive/biotech/papers/discuss4.pdf

 https://www.lens.org/about/wp-content/uploads/2013/10/data-4.pdf
 www.iprsonline.org/.../GDutfield_LiteratureSurveyOnIP_April2003.pdf
 www.pc.gov.au/.../intellectual-property/.../intellectual-property-issues.pd