“Intellectual property refers to creations

of the intellect for which a monopoly is

assigned to designated owners by law.
Intellectual property rights (IPRs) are the
rights granted to the creators of IP, and
include trademarks, copyright, patents,
industrial design rights etc.”
Article 27(2) of the Universal Declaration
of Human Rights enlists I.P.R. as a human
right.
According to the Clause- “Everyone has
the right to the protection of the moral and
material interests resulting from any
scientific, literary or artistic production of
which he is the author.”
 PATENT
 COPYRIGHT
 TRADEMARK
 GEOGRAPHICAL INDICATION
 DESIGN
 INTELLECTUAL
In==jjj
PROPERTY
RIGHTS

PATENT COPYRIGHT TRADEMARK

GEOGRAPHICAL
DESIGN
INDICATION
 “A patent is a set of exclusive rights granted by a sovereign
state to an inventor or assignee for a limited period of time in
exchange for detailed public disclosure of an invention.”

Eligibility factors of an invention for patent:-

1. It must be novel.

2. It must be non-obvious.

3. It must be capable of industrial application.

4. It must not be declared non-patentable under the patent act.

 The Patents Act, 1970

 Patents Rules, 2003

TERM: 20 YEARS
 Research has indicated that the top 10
patent holders in India are pharmaceutical
and bito-tech companies.
Fields with most patents in India [2006-15]

Chemicals

Mechanical
engineering
Pharmaceuticals

General
engineering
Electrical
 No product patent can be granted relating to
any process of medicinal, surgical, curative
prophylactic, diagnostic, therapeutic or other
treatment of human beings, food items and
chemicals.
 Only the process of manufacturing such
products can be patented.
EXAMPLE: A physics teacher explains a principle
in his class. One of his students makes a
working invention producing a new result by
putting the principle into use. The student will
be considered the first and true inventor entitled
to apply for a patent.
 an invention which is frivolous or which claims anything
obviously contrary to well established natural laws;
 an invention the primary or intended use or commercial
exploitation of which could be contrary public order or
morality or which causes serious prejudice to human, animal
or plant life or health or to the environment;
 the mere discovery of a scientific principle or the formulation
of an abstract theory or discovery of any living thing or non-
living substance
 the mere discovery of a new form of a known substance
which does not result in the enhancement of the known
efficacy of that substance or the mere discovery of any new
property or new use for a known substance or of the mere
use of a known process, machine or apparatus unless such
known process results in a new product or employs at least
one new reactant.
Amongst several others
The following category of persons are entitled
to apply for patents:

(a) Any person claiming to be the true and first

inventor of the invention;
(b) Any person being the assignee of the
person claiming to be the true and first
inventor in respect of the right to make such
an application;
(c) The legal representative of any deceased
person who immediately before his death was
entitled to make such an application.
 Every application for a patent shall be for one invention only and
shall be made in the prescribed form [Form 2 according to Patent
Rules, 2003] and filed in the patent office.
 It shall name the person claiming to be the true and first
inventor; and where the person so claiming is not the applicant or
one of the applicants, the application shall contain a declaration
that the applicant believes the person so named to be the true
and first inventor [along with a proof from that person making
such designation]
 If accompanied by a provisional application, a complete
specification shall be filed within twelve months from the date of
filing of the application.
 Up on filing the complete specification along with application for
patent, the application is published after 18 months of first filing.
An early publication request can be made along with prescribed
fees .
 The patent application is examined only after receiving
request for examination. Up on receiving this request the
controller gives the application to a patent examiner who
examinees the patent application.
 The examiner creates a first examination report of the patent
application upon reviewing it. The first examination report
submitted to controller by examiner generally contains prior
arts (existing documents before the date of filing) which are
similar to the claimed invention, and same is reported to
patent applicant.
 The Controller has the power to ask for amendments to the
said application.
 Patent applicants which will receive some type of objections
based on examination report may create a response to the
objections raised in the examination report.
 The application would be placed in order for grant once it is
found to be meeting all patentability requirements. The grant
of patent is notified in the patent journal which is published
from time to time.
 “Copyright is a legal right created by the law of a country
that grants the creator of an original work exclusive
rights for its use and distribution. This is usually only for a
limited time.”

A copyright shall subsist throughout India in the

following classes of works:

(a) original literary, dramatic, musical and artistic works;

(b) cinematograph films; and

(c) sound recordings

 Indian Copyrights Act, 1957

 Copyright Rules, 2013

TERM: 60 YEARS AFTER THE DEATH OF

THE AUTHOR
An author of Works in which copyright subsists can apply for
a copyright.

In the case of a literary, dramatic or artistic work made by

the author in the course of his employment by the proprietor
of a newspaper, magazine or similar periodical under a
contract of service or apprenticeship, for the purpose of
publication in a newspaper, magazine or similar periodical,
the said proprietor shall, in the absence of any agreement to
the contrary, be the first owner of the copyright in the work.
 Application for registration is to be made on as
prescribed in the first schedule to the Rules.
 Each application should be accompanied by the
requisite fee prescribed in the second schedule to
the Rules.
 The applications should be signed by the applicant
or the advocate in whose favour a Power of
Attorney has been executed. The Power of Attorney
should also be enclosed.
 After filing of the application and receiving a diary
number one has to wait for a mandatory period of
30 days so that no objection is filed in the
Copyright office against your claim.
 After that scrutinization by an examiner
will take place.
 Registration will be approved by the
Registrar of Copyrights at the Copyright
Office.
 After the approval of the Registrar, the
copyright must be registered according to
the prescribed form in the Register of
Copyrights in which may be entered the
names or titles of works and the names and
addresses of authors, publishers and
owners of copyright and such other
particulars as may be prescribed.
• “Geographical Indication", in relation to goods, means an
indication which identifies such goods as originating, or
manufactured in the territory of a country, or a region or
locality in that territory, where a given quality, reputation or
other characteristic of such goods is essentially attributable to
its geographical origin and in case where such goods are
manufactured goods one of the activities of either the
production or of processing or preparation of the goods
concerned takes place in such territory, region or locality, as
the case may be.”
 The Geographical Indications of Goods
(Registration and Protection) Act, 1999

 The Geographical Indications of Goods

(Registration and Protection) Rules, 2002

TERM: 10 YEARS
An application for registration of G.I.
can be made by an association of
persons or producers or any
organisation or authority established
by or under any law.
 The Controller-General of Patents, Designs and
Trade Marks shall be the Registrar of
Geographical Indications.
 The Central Government may appoint officers
with designations as it thinks fit under the
superintendence and direction of the Registrar.
 There shall be established a Registry which shall
be known as the Geographical Indications
Registry with a head office as well as branch
offices where the Central Government notifies in
the gazette.
 There shall be a seal of the Geographical
Indications Registry.
 An application shall be given in writing to the
Registrar in such form, manner and accompanied
by fees as prescribed for the registration of the
geographical indication.
 Forms G.I.- 1, G.I.- 2 and G.I.- 3 are to be filed for
the registration.
 When the application upon examination, whether
absolutely or subject to limitations is accepted, it
has to be advertised in such manner as may be
prescribed.
 Any person, may within three months from the
date of advertisement give a notice in a prescribed
manner to oppose the registration.
 After the clearing of objections, the G.I. is
registered in the Register of Geographical
Indications.
 A record called the Register of geographical
indications shall be kept at the head office of the
Geographical Indications Registry.
 The register of G.I. shall be divided into two parts:
PART A: Particulars relating to the registration of
the G.I.
PART B: Particulars relating to the registration of
the authorised users.
“Trade mark means 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.“

Features of distinctiveness are necessary for a

trademark to be registered. It is important that people
must associate the mark with what it stands for.
 Trade Marks Act, 1999

 Trade Marks Rules, 2017

TERM: 10 YEARS
• Any person claiming to be the
proprietor of a trade mark used or
proposed to be used by him, who is
desirous of registering it, shall apply
in writing to the Registrar in the
prescribed manner for the registration
of his trade mark.
 The application for registration of trade mark for
various purposes shall be made in forms, TM-1,
TM-2, TM-22, TM-37, TM-45, TM-51, TM-52, TM-
53, TM-61, TM-64, TM-65, TM-66 and TM-68 as
provided in the schedules of the Trade Mark Rules,
2002.
 Every application shall be filed in the office of the
Trade Marks Registry within whose territorial limits
the principal place of business in India of the
applicant.
 The application shall be filed in the office of the
Trade Marks Registry within whose territorial limits
the place mentioned in the address for service in
India as is situated.
• The Registrar may refuse the application or may
accept it absolutely or subject to conditions, if any,
as he may think fit. In the case of a refusal or
conditional acceptance of an application, the
Registrar shall record in writing the grounds for
such refusal or conditional acceptance and the
materials used by him in arriving at his decision.
 After necessary amendments, the application shall
be advertised in the trade mark journal ordinarily
within six months of its acceptance.
 A notice of opposition to the registration of a trade
mark shall be be given in Form TM-5 within three
months
 Where no opposition is filed or the opposition is
dismissed, the Registrar will register the trade
mark.
 “Design means only the features of shape, configuration,
pattern, ornament or composition of lines or colours applied to
any article whether in two dimensional or three dimensional or in
both forms, by any industrial process or means, whether
manual, mechanical or chemical, separate or combined, which in
the finished article appeal to and are judged solely by the eye;
but does not include any mode or principle of construction or
anything which is in substance mere mechanical device, and
does not include any trade mark.”
 A design can only be filed if it is new or
original and not previously published
in India.
 The word “publication” has not been
defined in the Designs Act, 2000. To
constitute publication, a design must
be available to the public or it has been
shown or disclosed to some person who
is not bound to keep it secret.
 For example: The display of a design on
a skirt of a model in a fashion show
constitutes publication.
 Designs Act, 2000
 Designs Rules, 2001

TERM: 10 YEARS
Any person who claims to be the proprietor of any new or
original design which is not previously published in any
country and which is not contrary to public order or morality
can apply for the registration of the design.

“Proprietor of a new or original design”, is defined as:

 where the author of the design, for good consideration,
executes the work for some other person, means the person
for whom the design is so executed;
 where any person acquires the design or the right to apply
the design to any article, either exclusively of any other
person or otherwise, means, in the respect and to the extent
in and to which the design or right has been so acquired, the
person by whom the design or right is so acquired; and
 in any other case, means the author of the design; and
where the property in or the right to apply, the design has
devolved from the original proprietor upon any other person,
includes that other person.
 The proprietor of the design has to file
an application for registration of the
design.
 The application is to be accompanied by
the prescribed fee and form in
prescribed manner.
 The application shall be accompanied by
four copies according to the Design
Rules, 2001.
 The application is sent for examination.
 After the examination is done, the
Controller may accept it, if he considers
that there is no lawful objection in the
report of the examiner to the design being
registered.
 In case of an objection, the applicant has
to remove such an objection within one
month of such communication.
 In case a design is rejected by the
Controller, an appeal can be made to the
Central government whose decision is
final.
 Finally when an application is accepted,
the design is supposed to be registered in
the Register of Designs.