An overview on intellectual

property rights

Presented by :
K. Sirisha
Y13mph473
M.Pharm pharmacology
Chalapathi Institute of Pharmaceutical Sciences
Intellectual Property Rights
WHAT IS AN IPR?
Intellectual Property Rights are legal rights, which result
from intellectual activity in industrial, scientific, literary &
artistic fields. These rights Safeguard creators and other
producers of intellectual goods & services by granting them
certain time-limited rights to control their use. Protected IP
rights like other property can be a matter of trade, which can
be owned, sold or bought. These are intangible and non-
exhausted consumption .

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WIPO is the global forum for intellectual
property services, policy, information and
cooperation The World Intellectual Property
Organization (WIPO) is one of the specialized
agencies of the United Nations (UN) system of
organizations. The “Convention Establishing the
World Intellectual Property Organization” was
signed at Stockholm in 1967 and entered into
force in 1970.

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However, the origins of WIPO go back to 1883
and 1886, with the adoption of the Paris
Convention and the Berne Convention
respectively. Both of these conventions
provided for the establishment of international
secretariats, and both were placed under the
supervision of the Swiss Federal Government.
The few officials who were needed to carry out
the administration of the two conventions
were located in Berne, Switzerland

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 IPR in India

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 IPR in India
George Alfred DePenning is supposed to have made the first
application for a patent in India in the year 1856. On February
28, 1856, the Government of India promulgated legislation to
grant what was then termed as "exclusive privileges for the
encouragement of inventions of new manufactures" i.e. the
Patents Act. On March 3, 1856, a civil engineer, George Alfred
DePenning of 7, Grant’s Lane, Calcutta petitioned the
Government of India for grant of exclusive privileges for his
invention - "An Efficient Punkah Pulling Machine". On
September 2, DePenning, submitted the Specifications for his
invention along with drawings to illustrate its working. These
were accepted and the invention was granted the first ever
Intellectual Property protection in India.

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Intellectual property rights
Intellectual property (IP) rights are the legally
recognized exclusive rights to creations of the mind.
Under intellectual property law, owners are granted
certain exclusive rights to a variety of intangible assets,
such as musical, literary, and artistic works; discoveries
and inventions; and words, phrases, symbols, and designs.
Common types of intellectual property rights include
copyright, trademarks, patents, industrial design rights,
trade dress, and in some jurisdictions trade secrets.
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Types and tools of IPR
a. Patents.
b. Trademarks.
c. Copyrights and related rights.
d. Geographical Indications.
e. Industrial Designs.
f. Trade Secrets.
g. Layout Design for Integrated Circuits.
h. Protection of New Plant Variety.

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 Patent
an exclusive right granted for
an invention

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 PATENTS are
the safe guards
for

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Cont….
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 on 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 expires, the protection ends, and an invention enters the
public domain, that is, the owner no longer holds exclusive rights
to the invent ion, which becomes available to commercial
exploitation by others.
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All patent owners are obliged, in return for patent protection, to
publicly disclose information on their invention in order to enrich the
total body of technical knowledge in the world. Such an ever-
increasing body of public knowledge promotes further creativity and
innovation in others. In this way , patents provide not only protection
for the owner but valuable information and inspiration for future
generations of researchers and inventors. General Principles
governing the Patent System in India and further details can be
viewed at DIP&P website at
http://ipindia.nic.in/ipr/patent/patents.htm

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 Trade Mark

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A Trademark is a distinctive sign that
identifies certain goods or services as
those produced or provided by a specific
person or enterprise. 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.
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It provides protection to the owner of the mark
by ensuring the exclusive right to use it to
identify goods or services, or to authorize
another to use it in return for payment. It helps
consumers identify and purchase a product or
service because its nature and quality,
indicated by its unique trademark, meets their
needs. Registration of trademark is prima facie
proof of its ownership giving statutory right to
the proprietor. Trademark rights may be held
in perpetuity.
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 The initial term of registration is for 10
years; thereafter it may be renewed from
time to time. General Principles governing
the Trademarks System in India and
further details can be viewed at DIP&P
website at
http://ipindia.nic.in/tmr_new/default.htmc.

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 Design Patents
In addition to granting so-called “utility patents” directed towards
machines, manufactures, compositions of matter and processes,39
the Patent Act of 1952 also allows for “design patents.” An
inventor may obtain a design patent by filing an application with
the USPTO directed towards a “new, original and ornamental
design for an article of manufacture.”40 Most design patent
applications consist primarily of drawings that depict the shape or
surface decoration of a particular product. They may concern any
number of products, including “apparel, automobile parts,
computer products, containers, cosmetics, electronics products,
textile designs, home furnishings, home appliances, jewelry,
motor vehicles, office supplies, optics and toys.”

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Industrial Designs

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Industrial designs refer to creative activity,
which result in the ornamental or formal
appearance of a product, and design right refers
to a novel or original design that is accorded to
the proprietor of a validly registered design.
Industrial designs are an element of intellectual
property. Under the TRIPS Agreement,
minimum standards of protection of industrial
designs have been provided for. As a
developing country, India has already amended
its national legislation to provide for these
minimal standards.
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Industrial design is the profession that determines the form of a
manufactured product, shaping it to fit the people who use it
and the industrial processes that produce it. Industrial
Designers work to make our lives more comfortable,
pleasurable and efficient. By studying people at work, at home
and in motion, they create products like office chairs that
promote proper posture, kitchen tools that are comfortable even
for elderly hands and toys that provide safe play and learning
for all children. In particular, Industrial Designers deal with
the parts of a product that humans interact with, striving to give
universal access to products that are ecologically responsible
and safe to use. Also, they give a product with distinctive
elegance that makes us want it. As explained by the Industrial
Designers Society of America.
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Domain rights

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When the Internet was in its infancy, domain names (like
<harvard.edu>) were created to serve as useful mnemonic means of
locating computers on the Internet.  With the globalization and
commercialization of the Internet, domain names have taken on a
new significance as business identifiers, they no longer act only as a
means of locating particular computers.  They are rapidly making
their way into "real space," cropping up on television commercials,
billboards, magazine ads, and even the sides of buses.  As such,
they are now coming into conflict with business identifiers such as
trademarks that exist in "real space."    Two factors exacerbate this
conflict.  First, domain names must be unique - one string of words
can link to only one site - while trademarks may overlap in different
industries or different geographical locations.  Second, it is common
practice for many Internet users to guess at domain names.  Thus
domain names based on intuition become valuable corporate assets.
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These unique characteristics raise questions about how
disputes between domain name owners and trademark
owners should be resolved.  Three theories of trademark
law are most often used to decide these disputes.  The
first theory is traditional trademark infringement which
requires that the infringing use cause a likelihood of
confusion (Lanham Act S.1114).  The second claim, and
one that is often the most successful in the context of
domain names, is dilution (Lanham Act S.1125(c)).  The
third claim, unfair competition (Lanham Act S.1125(a)),
is similar to traditional trademark infringement but
applies to unregistered marks
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Plant breeders rights
Plant breeders' rights (PBR), also known
as plant variety rights (PVR), are rights
granted to the breeder of a new variety of plant
that give the breeder exclusive control over the
propagating material (including seed, cuttings,
divisions, tissue culture) and harvested material
(cut flowers, fruit, foliage) of a new variety for
a number of years.

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With these rights, the breeder can choose to become
the exclusive marketer of the variety, or to license
the variety to others. In order to qualify for these
exclusive rights, a variety must be new, distinct,
uniform and stable. A variety is new if it has not
been commercialized for more than one year in the
country of protection. A variety is distinct if it differs
from all other known varieties by one or more
important botanical characteristics, such as height,
maturity, color, etc. A variety is uniform if the plant
characteristics are consistent from plant to plant
within the variety
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A variety is stable if the plant characteristics are
genetically fixed and therefore remain the same
from generation to generation, or after a cycle
of reproduction in the case of hybrid varieties.
The breeder must also give the variety an
acceptable "denomination", which becomes its
generic name and must be used by anyone who
markets the variety.

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Copyrights and related rights

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Copyright is a legal term describing rights given
to creators for their literary and artistic works.
The kinds of works covered by copyright
include: literary works such as novels, poems,
plays, reference works, newspapers and
computer programs; databases; films, musical
compositions, and choreography; artistic works
such as paintings, drawings, photographs and
sculpture; architecture; and advertisements,
maps and technical drawings.

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Copyright subsists in a work by virtue of
creation; hence it’s not mandatory to
register. However, registering a copyright
provides evidence that copyright subsists
in the work & creator is the owner of the
work. Creators often sell the rights to their
works to individuals or companies best
able to market the works in return for
payment.

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These payments are often made dependent on
the actual use of the work, and are then
referred to as royalties. These economic rights
have a time limit, (other than photographs) is
for life of author plus sixty years after
creator’s death. General Principles governing
the Copyrights and related rights System in
India and further details can be viewed at
website of Copyright Office website at
http://copyright.gov.in/

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Trade marks Tm
™ tm for an unregistered trademark, that is, a mark used to
promote or brand goods;
℠ sm for an unregistered service mark, that is, a mark used to
promote or brand services;
® r for a registered trademark. The owner of a registered
trademark may commence legal proceedings for trademark
infringement to prevent unauthorized use of that trademark.
However, registration is not required. The owner of a common law
trademark may also file suit, but an unregistered mark may be
protectable only within the geographical area within which it has
been used or in geographical areas into which it may be reasonably
expected to expand.
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DATA BASE RIGHTS
A database, that is a collection of data or other material
that is arranged in such a way so that the items are
individually accessible, may be protected by copyright
as a literary work and/or database right. This protection
can apply to both paper and electronic databases.
For copyright protection to apply, the database must
have originality in the selection or arrangement of the
contents and for database right to apply, there must
have been a substantial investment in obtaining,
verifying or presenting its contents.

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It is possible that a database will satisfy both these
requirements so that both copyright and database
right apply. There is no registration for database
right - it is an automatic right like copyright and
commences as soon as the material that can be
protected exists in a recorded form. However, the
term of protection under database right is much
shorter than under copyright. Database right lasts for
15 years from making but, if published during this
time, then the term is 15 years from publication.

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Geographical Indications (GI)

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 GI are signs used on goods that have a specific
geographical origin and possess qualities or a
reputation that are due 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 soil. They may also highlight
specific qualities of a product, which are due to
human fact ors that can be found in the place
of origin of the products, such as specific
manufacturing skills and traditions.
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A geographical indication points to a
specific place or region of production that
determines the characteristic qualities of
the product that originates therein. It is
important that the product derives its
qualities and reputation from that place.
Place of origin may be a village or town, a
region or a country. It is an exclusive right
given to a particular community hence the
benefits of its registration are shared by the
all members of the community.
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 Recently the GIs of goods like Chanderi
Sarees, Kullu Shawls, Wet Grinders etc.
have been registered. Keeping in view
the large diversity of traditional
products spread all over the country, the
registration under GI will be very
important in future growth of the tribes /
communities / skilled artisans associated
in developing such products.

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General Principles governing the
Geographical Indication System in
India and further details can be
viewed at website of Geographical
Indication Registry, website at
http://ipindia.nic.in/girindia/

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References:
Intellectual Property rights by CVS Subramanyam
http://en.wikipedia.org/wiki/Intellectual_property
http://
www.dcmsme.gov.in/emerge/website_material_on_ipr.pdf
http://ipindia.nic.in/tmr_new/default.htm
http://www.ipo.gov.uk/types/databaseright.htm
http://www.ipindia.nic.in/
http://copyright.gov.in/
http://en.wikipedia.org/wiki/Plant_breeders'_rights

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