INDIAN LEGISLATION IN PROTECTING IPR

Muttanna Iliger
PGS14AGR6592
WEL COME Dept.Agronomy
 INTELLECTUAL PROPERTY
• What is Property?
any asset or thing that is owned by a person or entity:
tangible or intangible.

• When does a property called “intellectual” property?

when it is the result of human mind/intellect/thinking
process

• Intellectual Property (IP) is a legal term that refers to

creations of the human mind and human intellect, such as
inventions; literary and artistic works; designs; and
symbols, names and images used in commerce.
• IP is protected in law by for example patents, copyrights
and trademarks, Geographical indications, etc which
enable people to earn recognition or financial benefit from
what they invent or create.

• Legislation- it’s a body of law enacted.

• Amendment- modification of constitution of a nation or a

state.

• Act- it is a statute which enacted as primary legislation

by a nation or sub nation parliament.
Legal changes in India to protect IPR
• Trademark Act 1999
• Indian copyright Act 1957
• Designs Act 2000
• Registration & protection of geographical indications
(Goods) Act 1999
• Protection of plant varieties and farmers’ rights Act 2001
• Indian patent Act 1970
• Biological diversity Act 2002
 Trade Marks Act, 1999.
• Purpose of the Act:- An Act which helps provide registration
and better protection of trade marks for goods and services .
• Trade marks act enacted in 1999.
• Enforcement-15th April 2004
Protection of Trade marks and Remedies by
following ways

1) Infringement Action : If any invasion of this registered

trade mark by any other person he can protect his trade mark
by an action for infringement in which he can obtain
INJUNCTION, DAMAGES OR ACCOUNT OF PROFIT made
by the other person.
2) Passing Off Action : Here, the Trade Mark need not be
registered. “passing off”, the main principle is that no one
has any right to represent for trade purposes, his goods or
business as being the goods or business of somebody else.
3) Criminal Action:- Criminal complaints can be filed in the
court of Metropolitan Magistrate or First Class judicial
magistrate against accused person.

Copyright
• A Copyright shall subsist in an original literary work.
• Copyright protects only what is EXPRESSED and not the
IDEA that has been used to express.
• Indian copyright Act 1957
• Amendments- 1981, 1984, 1994, and 1999 (w.e.f. 15
January 2000)
 Remedies for infringement

a) Civil remedy- one may file for injunction, damages and

accounts rendition, delivery of infringing copies and
damages for conversion.

b) Criminal remedy- one may file for imprisonment and

fine, and delivery of them to the owner.

c) Administrative remedy- one may file for moving the

Registrar to ban the import of infringing copies.
 Designs Act, 2000.
• Expressing a mental conception in a physical form is called
design.
Objects of the Designs Act, 2000.
• Legal system for protection of Industrial design to be made
more efficient.
• To promote design activity in order to promote the design
element in an article of production.

Remedies for Infringement of Design

• Any person liable for contravention (every contravention) has
to pay to the registered proprietor of the design, a sum not
exceeding Rs.25,000/-, . The proprietor can also bring a suit
for damages for such contravention and for an injunction
against repetition. The total sum recoverable cannot exceed
Rs.50,000/-
Geographical indications of
goods(Registration and protection) Act, 1999.
• Geographical Indication : it is the indication which
identifies goods such as agricultural goods, natural goods
or manufactured goods or originating or manufactured in
the territory of a country or a region or locality in that
territory.
Remedies for Infringement of GI
• Section 22 of the Act deals with infringements if An
Unauthorised user using a registered GI Proceedings can
be instituted to prevent or to recover damages for the
infringement of a registered GI.
Protection of Plant varieties and
Farmers’ Rights Act, 2001.
Protection of rights of breeder, researcher and farmers
• The rights of the breeders are protected by granting them
a monopoly to use and sell the seeds and planting
materials of the new plant varieties evolved by them
through a system by which they are granted registration.
• If other use the registered plant varieties for production
and sale of seeds and other planting material have to
take a license from the breeder by paying him fees.
Remedies for Infringement of PPV and FR act
Sections against violation of registered variety
Sec 71 – punishable offence with heavy fine
Sec 72 – punishable offence
Sec 73 – Penalty for subsequent offence
 Patents Act, 1970
• A patent is a right granted to a person who has invented a
new and useful article or an improvement of an existing
article or a new process of making an article.
• Patent act enacted in 1970.
• Amendments – 1999 , 2002 , 2005. w.e.f 20-3-2005.
Remedies for Infringement of Patent
• Action for infringement of a patent must be instituted by
filing a suit in the Court having jurisdiction not inferior to
that of a District Court.
• For infringement relief is injunction and at the option of the
plaintiff, either damages or an account of profits.
• The limitation period for taking action for infringement is
three years from the date of infringement.
 Biological Diversity Act, 2002
• Biological Diversity refers to the the variety of all life on
earth. It includes diversity of ecosystems, species and the
ecological processes that support them
• The Biodiversity Act was amended in May 2009

Remedies for Infringement in Biodiversity

• The penalties for contravening the Act have been
increased to a fine of up to Rs 5 million for a first offence
and up to Rs 10 million for a subsequent offence, and/or
imprisonment for up to 10 years.
THANK YOU ALL