Unit-3

Copyright Definition A legal right granted to an intellectual property owner

is copyright. It helps protect the creator of the original material so that no
one can duplicate or use it without authorization. If an original work needs
protection through copyright laws, it must be in a tangible form. For
instance, the Indian Copyright Act protects the creator's work by law until 60
years after their death.
Copyright Vs. Moral rights
Copyright is designed to protect the ‘economic rights’ of copyright holders.
In comparison, moral rights protect the reputation and integrity of
creators.2) So while the Copyright Agency manages copyright, and monitors
the reproduction and communication of works, it does not monitor the
moral rights of its members.3) As a creator, you retain your moral rights
even if you do not own the copyright in your work. Moral rights can only be
held by individuals, so corporate entities and organizations cannot claim
moral rights in a work.
Term of Copyright The copyright term is the length of time copyright
subsists in a work before it passes into the public domain. In most of the
world, this length of time is the life of the author plus either 50 or 70 years.
Registration of Copyright
1). Application for registration is to be made as prescribed in the first
schedule to the Rules; 2.) Separate applications should be made for
registration of each work; 3). Each application should be accompanied by
the requisite fee prescribed in the second schedule to the Rules; and
4. The applications should be signed by the applicant or the advocate in
whose favor a Vakalatnama or Power of Attorney has been executed. The
Power of Attorney signed by the party and accepted by the advocate should
also be enclosed.
Unit 4: Trademark: Trademark is a branch of intellectual property rights.
Intellectual property rights permit people to maintain ownership rights of
their innovative product and creative activity. The intellectual property came
to light because of the efforts of human labor, so it is limited by a number of
charges for the registration and charges for infringement. Types of
intellectual property are Trademarks, Copyright Act, Patent Act, and
Designs Act.
A trademark includes a name, word, or sign that differentiates goods from
the goods of other enterprises. Marketing of goods or services by the
procedure becomes much easier with a trademark because recognition of a
product with the trademark is assured and easier. The owner can prevent
the use of his mark or sign by another competitor.
Procedure for Trademark Registration::: Trademark registration can be
obtained for words, logo, numerals, slogan, device and more in India.
Trademark registration provides legal right of exclusivity for use of the mark
to the owner of the trademark. Trademark registration is however a long
process involving multiple steps. In this article we cover the trademark
registration process in India.
1) Trademark Search 2) Trademark Filing 3) Trademark Application
Allotmen 4) Vienna Codification 5) Trademark Examination 6) Trademark
Journal Publication 7) Trademark Registration
Trademark Infringement
Trademark infringement is the unauthorized use of a trademark, a
substantially similar mark or slogan on competing or related goods and
services. Infringement can only be done in case of a registered trademark. It
is an infringement of exclusive rights attaching to a trademark without the
authorization of the trademark owner or any licensees. Holding a trademark
signifies a company’s claim over the design and it represents the goodwill of
Types of Trademark Infringement
1. Direct infringement:- Direct infringement is defined by Section 29 of the
Act. There a few elements that have to be met for a direct breach to occur
● Use by an unauthorised person: ● Identical or deceptively similar: ●
Registered trademark: ● Class of goods or services:
2. Indirect infringement:- Unlike direct infringement, there is no provision
in the Act that deals with indirect infringement specifically. This does not
mean that there is no liability for indirect infringement. The principle and
application of indirect infringement arise from the universal law principle. It
holds accountable not only the principal infringer but also anyone that
abets, induces that direct offender to infringe.
● Vicarious liability:
● Contributory infringement:

7.2 Penaltie
1. Fines: 2. Injunctions: 3. Criminal Sanctions: 4. Damages: 5. Seizure and
destruction of infringing products:
Offences of GI
Geographical Indications (GIs) are intellectual property rights that are used
to protect the reputation and characteristics of traditional products that are
associated with a specific geographical area. There are various offenses
related to the misuse of GIs, including
1. Counterfeiting: 2. False Indication: 3. Unauthorized Use: 4.
Misrepresentation: 5. Infringement:
Unit 5: Industrial Designs
The industrial design or design patent protects the creation of new and
original three dimensional features such as new shape of an article,
configuration, surface pattern, ornamentations, or two dimensional
features such as patterns, lines or color applied to an articles, which in the
finished state appeal to and is judged solely by the eye (aesthetics).
Criteria for Registration: Novelty, Originality and Distinctiveness Duration:
10 years, extendable to another 5 years, preference first to file Protection:
is provided again
Novelty and Originality
Novelty: A design is novel when it is not disclosed anywhere before the date
of filing for ordinary applications. The date of reference for reciprocity
applications is the priority date of the application for registration. A design
may be novel if it can be differentiated from pre-existing designs or a
combination of designs. A design should not be published or used anywhere
before the date of filing or priority date.
Originality: Section 2(g) of the Act defines originality of design which is
originating from the author of the design. An industrial design can be
considered to be original even if they are known previously but are new in
their application. A pre-existing design that is new in its form can be
considered as an original work of the author. For example, a flower vase in
the shape of the Eiffel Tower can be registered for serving different purposes
even though the shape of the Eiffel Tower is well known.
Disclosure of Design Section 16 of the Act mentions certain circumstances
where disclosure of a design cannot be rendered as a publication to alter
the status of the novelty of that design. Disclosure of a design cannot be
considered as a publication of design in cases where the proprietor of the
design imparts his design to a person in good faith, and that person
discloses the design by using or publishing it in breach of good faith.
Acknowledgment of first and confidential order for registration of articles
Enforcement Mechanisms:
1. Civil litigation: The owner of the industrial design rights can bring a civil
lawsuit against the infringing party. In such a lawsuit, the owner can seek
monetary damages, an injunction to stop the infringing activities, and an
order for the destruction of infringing products.2. Criminal prosecution: In
some countries, industrial design infringement may also be considered a
criminal offense, and the infringing party may face criminal penalties, such
as fines or imprisonment. 3. Border enforcement: Customs authorities can
be authorized to detain and seize goods that are suspected of infringing
industrial design rights at the border. 4. Administrative enforcement: In
some countries, the owner of the industrial design rights can file a
complaint with the relevant government agency, such as the U.S. Patent
and Trademark Office or the European Union Intellectual Property Office.
The agency can then take administrative actions, such as ordering the
infringing party to stop the infringing activities or seizing infringing products.
5. Alternative dispute resolution: The owner of the industrial design rights
and the infringing party may choose to resolve the dispute through
alternative dispute resolution mechanisms, such as mediation or
arbitration. Infringement Mechanisms:::::::::
1. Injunctions: A court may issue an injunction to prevent the infringing
party from continuing to make, use, import, sell, or offer for sale integrated
circuits incorporating the protected layout. 2. Damages: The owner of the IC
Layout rights may be entitled to recover damages, including any actual
damages suffered as a result of the infringemen. 3. Account of profits: The
owner of the IC Layout rights may be entitled to an accounting of the
infringing party's profits, which can be used to calculate the amount of
damages that the owner is entitled to receive. 4. Criminal sanctions: In
some jurisdictions, IC Layout infringement may be subject to criminal
sanctions, such as fines or imprisonment. 5. Seizure and destruction of
infringing products: In some cases, the infringing products may be seized
and destroyed
Unit 6: Semiconductor Integrated Circuits Layout Design
Semiconductor Integrated Circuits Layout Design, also known as "Layout-
Design" or "IC Layout," refers to the physical arrangement of components,
transistors, and interconnections on a semiconductor integrated circuit. It
involves creating a two-dimensional representation of the components and
connections on the semiconductor substrate, which will be used to
fabricate the integrated circuit.
Semiconductor Integrated Circuits Layout Design is protected by
intellectual property rights, and the layout design of a semiconductor
integrated circuit can be registered and enforced as a separate form of
protection, known as "Layout-Design" or "IC Layout" rights. This type of
protection is recognized by the World Intellectual Property Organization
(WIPO) and is governed by international treaties, such as the Agreement on
Trade-Related Aspects of Intellectual Property Rights (TRIPS)
Criteria of SICLD: 1. Originality: 2. Novelty 3. Industrial application: 4.
Independent creation: 5. Distinctiveness:
Rights in SICLDR
The rights in a Semiconductor Integrated Circuits Layout Design (IC Layout)
typically include the exclusive right to make, use, import, sell, and offer for
sale the integrated circuits incorporating the protected layout, as well as the
right to license or transfer these rights to others. In general, the owner of the
IC Layout rights has the right to prevent others from commercially exploiting
the protected layout without their authorization. This means that others
cannot make, use, import, sell, or offer for sale integrated circuits
incorporating the protected layout, unless they have obtained a license or
other authorization from the owner of the IC Layout rights.
Procedure for registration of Lay-out Design
1. Conduct a search: 2. Prepare the application: 3. File the application: 4.
Examination: 5. Publication: 6. Grant of rights:
Unit 7: Geographical Indications
GI stands for Geographical Indication, which refers to a type of intellectual
property right that protects the reputation and characteristics of certain
products that are produced in a specific geographical area. A geographical
indication typically indicates the origin of the product and the specific
quality, reputation, or other characteristics that are associated with that
geographical area.
Examples of products that are protected by geographical indications
include cheeses, wines, spirits, and handicrafts. In general, the use of a
geographical indication is restricted to products that are made in the
specified geographical area using traditional methods and ingredients, and
that meet the required quality standards.
Difference between GI and Trade Mark
1. Origin of the product: The main difference between GIs and trademarks
is that a GI is used to protect the geographical origin of a product, while a
trademark is used to protect the brand identity of a product. 2. Type of
products protected: GIs are typically used to protect traditional products
that are associated with a specific geographical area, such as cheeses,
wines, spirits, and handicrafts. 3. Nature of the protection: GIs provide
protection for the geographical origin and the specific quality and reputation
associated with the product. Trademarks provide protection for the brand
identity of the product and the company that produces it. 4. Duration of
protection: GIs have a potentially unlimited duration of protection, as long
as the product continues to be made in the specified geographical area and
meets the required quality standards. Trademarks have a finite duration of
protection, typically 10 years, and can be renewed as long as the product is
still in use. 5. Use and registration requirements: In order to use a GI, the
product must be made in the specified geographical area using traditional
methods and ingredients and must meet the required quality standards. In
order to register a trademark, the brand must be distinctive and must not
infringe on the rights of others.
Unit 1: Introduction:
What are Intellectual Property Rights:::: Intellectual property rights (IPR)
are the rights given to persons over the creations of their minds: inventions,
literary and artistic works, and symbols, names, and images used in
commerce. They usually give the creator an exclusive right over the use of
his/her creation for a certain period of time.
The importance of intellectual property was first recognized in the Paris
Convention for the Protection of Industrial Property (1883) and the Berne
Convention for the Protection of Literary and Artistic Works (1886). Both
treaties are administered by the World Intellectual Property Organization
(WIPO). (i) Copyright and rights related to copyright: (ii) Industrial property:
What is the need for IPR
■ Encourages innovation: The legal protection of new creations
encourages the commitment of additional resources for further innovation.
■ Economic growth: The promotion and protection of intellectual property
spur economic growth, creates new jobs and industries, and enhance the
quality and enjoyment of life. ■ Safeguard the rights of creators: IPR is
required to safeguard creators and other producers of their intellectual
commodity, goods, and services by granting them certain time-limited rights
to control the use made of the manufactured goods. ■ It promotes
innovation and creativity and ensures ease of doing business. ■ It facilitates
the transfer of technology in the form of foreign direct investment, joint
ventures, and licensing.
‘Cell for IPR Promotion & Management (CIPAM)’
Trade-Related Aspects of Intellectual Property Rights (TRIPS)
Department of Industrial Policy & Promotion (DIPP),

Patents A patent is an exclusive right granted for an invention, which is a

product or a process that provides a new way of doing something or offers a
new technical solution to a problem. It provides protection for the invention
to the owner of the patent. The protection is granted for a limited period, i.e
20 years. Patent protection means that the invention cannot bcommercially
made, used, distributed or sold without the patent owner's consent. 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, the owner no longer holds exclusive rights to the invention.
Unit 2: Patents
What is a patent? A patent is an exclusive right granted for an invention,
which is a product or a process that provides, in general, a new way of doing
something, or offers a new technical solution to a problem. To get a patent,
technical information about the invention must be disclosed to the public in
a patent application.
What kind of protection does a patent offer? In principle, the patent
owner has the exclusive right to prevent or stop others from commercially
exploiting the patented invention. In other words, patent protection means
that the invention cannot be commercially made, used, distributed,
imported, or sold by others without the patent owner's consent..
Is a patent valid in every country? Patents are territorial rights. In general,
the exclusive rights are only applicable in the country or region in which a
patent has been filed and granted, in accordance with the law of that
country or region.