What is IPR?

Intellectual property (IP) refers to

creations of the mind – everything
from works of art to inventions,
computer programs to trademarks
and other commercial signs.

IP covers a vast range of activities, and plays an important role in both cultural
and economic life. This importance is recognized by various laws which
protect intellectual property rights. IP law is complicated: there are different
laws relating to different types of IP, and different national laws in different
countries and regions of the world as well as international law.

Why does IP matter?

The progress and well-being of humanity depend on our capacity to come up
with new ideas and creations. Technological progress requires the
development and application of new inventions, while a vibrant culture will
constantly seek new ways to express itself. Intellectual property rights are
also vital. Inventors, artists, scientists and businesses put a lot of time, money,
energy and thought into developing their innovations and creations. To
encourage them to do that, they need the chance to make a fair return on
their investment. That means giving them rights to protect their intellectual
property

The intellectual property system needs to balance the rights and interests of
different groups: of creators and consumers; of businesses and their
competitors; of high- and low-income countries. An efficient and fair IP system
benefits everyone – including ordinary users and consumers.
 PATENT

Patent is a set of exclusive rights granted by government to an inventor for a

limited period ( generally 20 years) in respect of novel and useful idea.
It is a part of intellectual property which is a legal way to protect all creations
of the human mind.
It is an exclusive right granted by the state for an invention that is new,
involves an inventive step and is capable of industrial application.

A patent grant also give an exclusive rights over an invention and help to get
an edge over the other inventors trying to achieve the same.
It is granted by national patent office of a country or a regional part of patent
office for a group of countries.
 Prevention against leakage of invention
through workmen of inventor.
 Prevent secret exploitation of invention by
competitor.
 On obtaining patent, the patentee can lawfully
enforce against infringes.

 Patented inventions pervaded every aspect of human life from ballpoint

pens to microprocessors.
 All patent owners are obliged in return for patent protection, to publicly
disclosed 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.

The Indian Government has always strives to protect inventors’ intellectual

property. They have made the process very simple. In fact, patent filing can
be done online by login in to www.ipindia.nic.in.
Patent can always license to someone for a fee and they can manufacture the
product.
 TRADEMARKS

A trademark is a word/ logo/ design or a

color combination which acts as a source
identifier for a brand or a company. So, for
example, this watch that you are wearing, its
brand name is a trademark, this restaurant’s
name could also be a trademark.

 A name (including
personal or surname of
the applicant or
predecessor in business
or the signature of the
person)
 Alphanumeric or Letters or
numerals or any combination thereof.
 Image, symbol, monograms, letters, etc.
 Sound marks in audio format


 It identifies the service or products

and its source
 It guarantees its quality
 Advertisement of service of product
Coca cola and Pepsi are two trademarks
from same industry (beverages) which
distinctly identifies source or origin of the
goods as well as an indication of quality

Trademark and Service mark are used before registration.

Registration of a trade mark is not a compulsory requirement of the law. The
Controller-General of Patents, Designs and Trade Marks Act, appointed by
the central government is the Registrar of Trade Marks. A Register of Trade
Marks shall be kept in offices, Regd. Trade Marks details shall be entered
into the register.
Once Trade Mark is accepted, allotted should advertise it in prescribed
manner.
The registration of a trade mark, if valid, gives its proprietor the exclusive
right to the use of the trade mark in relation to the goods or services in
respect of which the trade mark is registered and to obtain relief in respect of
infringement of the trade mark.
A trademark registration is for 10 years from the date of registration and can
be renewed every 10 years consecutively. Failure to renew is removal of the
trade mark from register.

Infringement - A mark that is likely to cause confusion

with a trademark already existing in the marketplace
Counterfeiting - The deliberate copying of a mark
Dilution - The value of the mark is substantially reduced
through competition or through the likelihood of confusion from another mark
Offence include falsifying and falsely applying trademarks, trade description
are punishable by imprisonment and fine.
 COPYRIGHTS
Copyright is a monopoly right restraining others from exercising that right
which has been conferred on the owner of copyright.
The object of copyright is to encourage
authors, composers and artists to create
original works by rewarding them the
exclusive right for a specific period to
reproduce the works for publishing and
selling them to the public. The moral
basis of copyright law rests in the eighth
commandment “Thou shalt not steal”.
Copyright is not a single right. It is a bundle of rights in the same work. For
e,g. in the case of a literary work, copyright consists of reproduction in print
media, the right of dramatic and cinematographic versions, the right of
translation, adaptation, abridgement and the right of public performance.
Copyright consists not merely of the right of reproduction. It also consists of
right to works derived from the original work, rights like the right of public
performance, the recording right and the broadcasting right. Such related
rights are called “neighbouring rights”.

Copyright is a bundle of rights consisting of 1) economic rights and 2)

moral rights.

 In the case of a literary, dramatic or

musical work, not being a computer
program, the right consists of ,-
 In the case of computer program,-
 In the case of an artistic work,-
 In the case of cinematographic film,-
 In the case of a sound recording,-
 the right to decide whether to publish or
not to publish the work;
 the right to claim authorship of a
published or exhibited work;
 the right to prevent alteration and other
actions that may damage the author’s
 honour or reputation – the right of
integrity;
 to restrain or claim damages.

 In the case of any literary, dramatic,

musical or a artistic work (other than a
photograph), life time of the author + 60
years.
 In the case of photograph, cine films,
sound recording and Govt. Work, 60 years
from the beginning of the calendar year
next following the year in which the work is
first published.
 In the case of broadcasters/performers, reproduction right shall subsist
until 25 years from the calendar year next following the year in which the
broadcast/performance is made.
 INDUSTRIAL DESIGN
The laws governing designs are the Designs Act of 2000 and the Designs
Rules of 2001. In India designs are defined as follows:
‘A design refers to the features of shape, configuration, pattern,
ornamentation or composition of lines or colors applied to any article, in two
or three dimensional (or both)
forms’. (Design Office,
Kolkata: Guidelines for
Registration)
Designs are valid for a
maximum of ten years,
renewable for a further five
years.
The ‘right of priority’ for
previous filings of designs
overseas requires filing in India within six months of an overseas filing.

Features of the design should appeal and easily judged by eye.

New or original
Not prior published in any country and publicly known.
It is significantly distinguishable from known designs or combination of known
designs
Not a technical or useful function of a product
 Geographical Indications
Geographical indication is an indication originating from a definite
geographical territory and used to identify agricultural, natural or
manufactured goods. The manufactured goods should be produced or
processed or prepared in
that territory. It should have
a special quality or
reputation or other
characteristics. (e.g.
Gadwal / Pochampalli/
Kanchipuram silk sarees,
Nirmal paintings,
Banginapalli /Alphonso Mango, Darjeeling Tea, Kolhapuri Chappal, Solapur
Chaddar, Tirupati Laddu, Nagpur Orange, Bikaneri bhujia).
GIs when registered confers legal protection in India through the
Geographical Indications of Goods (Registration & Protection) Act of 1999,
prevents unauthorised use of registered GI, promotes the economic prosperity
of the producers of goods produced in a geographical territory which in turn
boost exports.

Any association or person or producers or any organization or authority

established by or under any law for the time being in force representing the
interest of the producers of the concerned goods, who are desirous of
registering geographical indications in relation to such goods can apply for
GIs registration.

An authorised user has the exclusive right to the use of geographical

indication in relation to goods in respect of which it is registered.
‘Authorised user” is any person claiming to be the producer of the goods in
which a geographical indication has been registered.

It is a valuable property for a particular region. It is very important for any type
of producers of goods of a particular region. Geographical Indications
basically perform three functions.
1. Firstly -they identify the goods as originating in a particular territory, or a
region or locality in that territory;
2. Secondly- they suggest the consumers that the goods come from an area
where given quality, reputation or other characteristic of the goods is
essentially attributable to their geographical origin; and
3. Thirdly -they promote goods of particular area, territory or region

References
IP Nani | Department for Promotion of Industry and Internal Trade | MoCI | GoI (dpiit.gov.in)
Patents | Intellectual Property India | Government of India (ipindia.gov.in)
Copyright: Definition, Types, and How It Works (investopedia.com)
Trademark: Definition, What It Protects, Symbols & Examples (investopedia.com)
What is Industrial Design? | Industrial Design | Spark Innovations
What is a Geographical Indication and how it is different from Trademark? (jagranjosh.com)