2. Introduction
•Intellectual property refers
to the creation of mind
•Rights associated with
intellectual property which
gives legal protection is
referred to as IPR
3. Introduction….
• Industrial designs
• Scientific discoveries
• Protection against unfair competition
• Literary, artistic and scientific works
• Inventions in all fields of human endeavor
• Performances of performing artists, phonograms and
broadcasts
• Trademarks, service marks and commercial names and
designations
• All other rights resulting from intellectual activity in the
industrial, scientific, literary or artistic fields.
20 August 2012 Intellectual property Rights 3
5. Classification of IPR
IPR
Broadcasting
Intellectual Property
Music
Patents
Dramatics Works
Trademarks Copyright Literature
Sound Recording
Industrial Design Works of Art
Geographical Computer Programs
Indications
20 August 2012 Intellectual property Rights 5
6. IP adds value at every stage of the innovation and
commercialization process
Patents / Trademarks,
Utility Models Ind. Designs,
Industrial Designs
Trademarks Geo. Indications
All IP rights
Invention Commercialization
Marketing
Financing Product Design Exporting
Literary / artistic Licensing
creation
Copyright All IP rights
7. Different Acts governing IP assets
The Trade Marks Act, 1999
Trade Marks
The Patents Act, 1970
Patents
The Copyright Act, 1957
Copyright
The Designs Act, 2000
Designs
The Geographical Indications
Geographical Indications Of Goods Act, 1999
The Protection of plant varieties and
Plant Varieties Farmers’ Right Act, 2001
Semi conductor IC layout design
Semi conductor IC layout Act,2000
20 August 2012 Intellectual property Rights 7
8. IP- Duration of Term of Protection
• Patents (14 years)
• Trademarks (10 years + renewals)
• Copyrights in published literary, dramatic, musical, and artistic works
(Lifetime of author +60 years).
• Copyright in photographs ,cinematographic film, sound recordings –
(60 years from year in which it was published)
• Broadcast reproduction right-(25 years from the beginning of the
calendar year next following the year in which the broadcast is made.)
• Performers right-(25 years from the beginning of the calendar year
next following the year in which the performance is made)
• Industrial designs (10 years+ renewal permitted once for 5 years )
• Trade-secrets and know how collectively “proprietary technology”
(contract period-protected by contract provisions, doctrine of breach
of trust)
20 August 2012 Intellectual property Rights 8
9. A patent is an exclusive right granted by a country to
the owner of an invention to make, use, manufacture
and market the invention, provided the invention
satisfies certain conditions stipulated in the law.
10. Patent Infringement
Kind of Infringement Relief
• Where any person threats Section 106. Court has the power to grant following
relief in cases of groundless threats of infringement
any other person with
proceedings:
proceedings for A declaration to the effect that the threats are
infringement of a patent. unjustifiable.
• The colorable imitation of An injunction against the continuance of the
an invention. threats and
Such damages, if any, as he has sustained thereby.
• Immaterial variations in the
Section 108-The relief which a court may grant in any
invention. suit for infringement includes an injunction and at the
• Mechanical equivalents. option of the plaintiff, either damages or an account of
profits.
• Taking essential features of
In brief, the relief which may be awarded in a suit for
the invention. infringement are-
Interlocutory/interim injunction.
Damages or account of profits.
Permanent injunction. 10
11. Remedies for Patent Infringement
• An injunction to prevent further infringements that
led to the dispute in the first instance;
• damages to compensate for loss suffered as a
consequence of the infringement or an account of
profits made by the infringer as a result of the
infringement;
• an order that the infringing articles that are the
subject of the dispute be destroyed or delivered up;
• a declaration that the patent was valid and infringed
12. Coverage provided by
copyright
• Literary, dramatic and musical work. Computer
programs/software are covered within the definition of
literary work.
• Artistic work (author’s life + 60 years)
• Cinematographic films, which include sound track and
video films (60 years from the beginning of the calendar
year following the year in which the work was published)
• Recording on any disc, tape, perforated roll or other device.
• Broadcasting (25 years from the beginning of the calendar
year following the year in which the broadcast was made).
20 August 2012 Intellectual property Rights 12
13. Violation of copyright
• (a) In the case of literary, dramatic or musical work, not
being a computer program-----
– to reproduce the work in any material form including the
storing of it in any medium by electronic means;
– to issue copies of the work to the public not being copies
already in circulation;
– to perform the work in public, or communicate it to the
public;
– to make any cinematography film or sound recording in
respect of the work;
– to make any translation of the work; to make any
adaptation of the work;
20 August 2012 Intellectual property Rights 13
14. Violation of copyright
• (b) in the case of computer program –
– to sell or give on hire, or offer for sale or hire any copy of
the computer program, regardless of whether such copy has
been sold or given on hire on earlier occasions;
• (c ) in the case of an artistic work –
– to reproduce the work in any material form including
depiction in three dimensions of a two dimensional work or
in two dimensions of a three dimensional work;
– to communicate the work to the public;
– to issue copies of the work to the public not being copies
already in circulation;
– to include the work in any cinematography film .
– to make any adaptation of the work;
20 August 2012 Intellectual property Rights 14
15. Violation of copyright
• (d) in the case of a cinematography film –
– to make a copy of the film including a photograph of. any
image forming part thereof;
– to sell or give on hire or offer for sale or hire, any copy of
the film, regardless of whether such copy has been sold or
given on hire on earlier occasions;
– to communicate the film to the public;
• (e) in the case of sound recording –
– to make any other sound recording embodying it;
– to sell or give on hire or offer for sale or hire, any copy of
the ,sound recording, regardless of whether such copy has
been sold or given on hire on earlier occasions;
– to communicate the sound recording to the public;
20 August 2012 Intellectual property Rights 15
16. Trade Marks
•Features of the Trade Mark in India
•Procedure of Trade Mark in India
•Types of Trade marks
•Advantages
18. IPR in India
• India has defined the establishment of
statutory, administrative, judiciary frame work
for protecting IPR .
• IPR are strengthening day to day
• Government has passed a legislation under the
trade related aspects of IPR, to protect them
world wide.
19. Continued…
• Trade and merchandise Act 1958 was replaced
with Trade MarksBill 1999
• Copy Right Amendment Act was signed on
30th Dec 1999
• The Sui generis legislation was and named as
Geographical indications of good by Indian
Government in 1999
• Industrial Designs Bill Act 1999 replaced the
then existing designs Act 1911
20. Indian patent act2005
• This is the third amendment of patent act.
• The most significant feature of this amendment
is the introduction of product patent.
• This deals with the availability of medicines,
agricultural seeds and their prices.
• It gives exclusive rights to the manufacturer.
21. Steps taken by Indian pharmaceutical
companies
• They realized the importance of R&D
• It is impossible to survive in post patent
period.
• Most of the Indian companies increased their
expenditure on R&D by 7-10%
22. Steps of Indian Govt Towards
Protecting IPR
• Distributed copy right law for free of cost.
• Special cells for copy right enforcement have
set up in 23states and union territories.
23. Advantages of IPR
• Exclusive rights to the inventor /owner of the
property
• It provides legal protection to their property
• Rights provided under IPS also helps in Socio
economic Development of the individual
