UNIT – 4: PROTECTION to INNOVATION

Safeguarding innovation, methods of protection, copy right,

trademarks, Intellectual Property Rights (IPR). Method of

Protection, Procedure for IPR, A brief procedure for protection to

innovations of a product and/or service.

WHAT IS INTELLECTUAL PROPERTY?
➢ According to the World Intellectual Property Organization, Intellectual property (IP)
refers to creations of the mind: inventions, literary and artistic works, and symbols,
names, images, and designs used in commerce.

➢ Intellectual property in a simple sense is a creation of the human intelligence or mind. As

a form of property right, intellectual property can be considered as assets that can be
bought, sold, mortgaged, exchanged, and licensed like physical property.

➢ Intellectual property is safeguarded only if rights (regarding its use) are given to the
producers of intellectual property.

➢ Intellectual property rights are provided by national governments with the aid of
statutory provisions to inventors writers etc.

➢ Intellectual property (IP) is a term referring to a brand, invention, design or other kind of

creation, which a person or business has legal rights over.

➢ Intellectual property rights (IPRs) are rights assigned to the creators of intellectual

property (individuals or organizations) regarding its exclusive use.

 Intellectual property rights are the legal rights that cover the

privileges given to individuals who are the owners and inventors

of a work, and have created something with their intellectual

creativity. Individuals related to areas such as literature, music,

invention, etc., can be granted such rights, which can then be

used in the business practices by them.

 The creator/inventor gets exclusive rights against any misuse or

use of work without his/her prior information.

 However, the rights are granted for a limited period of time to

maintain equilibrium.
The following list of activities which are covered by
the intellectual property rights are laid down by
the World Intellectual Property Organization
(WIPO) −
 Industrial designs
 Scientific discoveries
 Protection against unfair competition
 Literary, artistic, and scientific works
 Inventions in all fields of human endeavor
 Performances of performing artists, phonograms,
and broadcasts
 Trademarks, service marks, commercial names,
and designations
 All other rights resulting from intellectual activity
in the industrial, scientific, literary, or artistic fields
Types
Patents

Trademarks Copy Rights

IPR
Geographical
Industrial Design Indications

Common types of IP include:

➢Copyright – this protects written or published works such as books, songs,

films, web content and artistic works;

➢Patents – this protects commercial inventions, for example, a new business

product or process;

➢Industrial Designs – this protects designs, such as drawings or computer

models;

➢Trade marks – this protects signs, symbols, logos, words or sounds that
distinguish your products and services from those of your competitors.

➢Geographical Indications – protects products based on their geographical

uniqueness.
Patents:
➢ Inventions (Products, Processes, Materials,
Compositions)
➢ Technical Solution to a Technical problem.
Industrial Designs:
➢ External features appealing to the eye.
➢ New Shape, Pattern or Configuration.
Trade Marks:
➢ A visual symbol such as a Word, Name, Logo,
Label, Monogram, Slogan etc.
➢ Applied on Article of Manufacture or Service.
➢ Indicates the origin of goods and services.
Copyrights:
➢ Artistic, literary, musical and dramatic creations
➢ Proprietary right
➢ Comes into existence as soon as the work is created

Geographical Indications (GIs):

➢ Identifies agricultural, natural or manufactured

goods originating from a definite territory in
India

➢ Possessing special quality or reputation based upon

unique characteristics of the geographical location
ADVANTAGES OF INTELLECTUAL PROPERTY RIGHTS

 Intellectual property rights are advantageous in

the following ways −
 Provides exclusive rights to the creators or
inventors.
 Encourages individuals to distribute and share
information and data instead of keeping it
confidential.
 Provides legal defense and offers the creators the
incentive of their work.
 Helps in social and financial development.
 Patents

Patent is an exclusive monopoly right:

➢ Granted by Government of India
➢ For an Invention
➢ To the Inventor or his Assignee
➢ As a Territorial Right
➢ In lieu of Disclosure of invention to the Government
➢ Term of Patent: 20 years from date of filing
 Patent Act & Rules

➢ In India, Patent rights are governed by the Patents Act, 1970. At

present 3rd amendment of Act known as the Patent
(Amendment) Act, 2005 is in force.
➢ For application of Patents Act, rules are made by the
Government, which are known as “Patent Rules, 2003”, as of
now Patent (Amendment) Rule, 2006 and further updated in
Sept’2015 are in force.
➢ For better understanding of Act & Rules, “Draft Manual of
Patent Practice & Procedure (MPPP), 2008” is made by the
patent office.
➢ There are 4 patent offices in India having work distribution
according to their geographical location viz. Kolkata, Delhi,
Mumbai & Chennai
 Patent Act & Rules
Criteria of Patentability:
➢ Novelty
➢ Inventive step or it must be non-obvious
➢ Capable of industrial application
➢ Not fall within the provision of section 3 & 4 of the Patents Act
1970
Patents Act 1970:
➢ Section3: List which are not inventions
➢ Frivolous or obvious
➢ Contrary to well established natural laws
➢ Injurious to Public Health
➢ Mere arrangement or re-arrangement,
➢ Discovery of Scientific principle
➢ Discovery of living thing or non-living substances in nature
➢ Method of agriculture or horticulture
➢ A mathematical or business method or a computer program
➢ Section4: Not-patentable: Atomic Energy related
BRIEF OVERVIEW OF THE IPR SYSTEM IN INDIA AND ENUMERATE ITS COMPONENT
LAWS AND BASIC PROCEDURES FOR REGISTRATION.
Patents
 Law – Patents Act, 1970; amended in 2006

 Relevant Ministry – Department of Industrial Policy and

Promotion(DIPP), Ministry of Commerce and industry

 A patent is a legal right that confers monopoly to a person for his/her invention.

 According to the Patents Act, 1970, an ‘invention’ must fulfill three criteria:
first, it must be a new product or a process that did not previously exist;
second, it must offer a new technical improvement as simple changes to a
previously known technique cannot be patented; third, the proposed invention
must be useful. For instance, a patent cannot be granted for inventions that
can only be used for an illegal or immoral purpose.

 Once a product or process is patented, it cannot be commercially produced,

distributed, used, or sold without the consent of the patent owner.
 India grants patent rights on a first-to-apply basis. The application for a patent
can be made by either: (i) the inventor or (ii) the assignee or legal
representative of the inventor.
 Patent application may also be made jointly by two or more corporations as
assignees. A foreign national resident can also apply and obtain a patent in
India.
PATENT REGISTRATION PROCEDURE

 File the patent application and get it numbered.

 Request for publication by filing a form. If the request is not made, the
patent specification will be published in the official journal after 18 months
from the application date. On the other hand, by making request, patent
specification can be published within one month from filing the form.
 Request for examination within 48 months from the date of filing of the
patent application. Request for expedited(quick) examination of patent
application can be made by paying extra fee.
 Within 12 – 24 months of filing a request for examination, the first
examination report is issued. This report may raise substantive and
procedural objections regarding the patent.
 If objections are raised, the patent applicant must comply with the
statement of objections within six months from the date of the report.
 If the official objections are met in due period, the patent is granted and
presented for opposition.
 The patent is open for third party opposition, if any, for a period of one year
from the date of advertisement.

A patent once granted is valid for 20 years, and requires renewal every year
from the third year of the date of application.
 Industrial Design
Ornamental or aesthetic aspect of a useful article of industry.
➢ Aspect that gives special appearance.
➢ Aspect which differentiates from current products. Only
the aesthetic/visual form of a product

➢ not the Technical (Patents)

➢ nor Distinguishing Features (Trade Marks)
The ornamental or aesthetic aspects of an article consist of:
➢ Three dimensional features, such as the shape, surface or
texture of an article or
➢ Two dimensional features, such as patterns, lines or colours.
Design makes the product attractive and appealing to the consumers and
adds to its commercial value for that reason.
 Industrial Design
➢ Exclusive right against unauthorized copying
➢ Protection normally lasts for an initial ten years, after
which it can usually be renewed for, in most cases, up
to 15 years.
Industrial designs
•Law – Designs Act, 2000
•Relevant Ministry – DIPP, Ministry of Commerce and industry

The Design Act of 2000 outlines the following requirements for an industrial
design to be registered in India:

1) The design should relate to the features of shape, configuration, pattern or

ornament, composition of lines or colors or both, as applied to an article. An
article may be two dimensional or three dimensional.
2) The industrial design should have been applied to the article by any
industrial process.
3) The design must be new or original, not previously published, or used in
any country prior to the date of filing for registration.
4) The design should not be linked to any functional feature of the article.
(Designs that are linked to technical or functional aspects are granted patent
rights in India.)
5) The design should not include any trademark or property mark or artistic
works defined under the Indian Copyright Act, 1957.
Industrial design registration procedure
•Submit the documents for registration: registration form and prescribed fee
along with four copies of the representation of the design (33cm x 25cm for
two-dimensional representation) depicting all features of the design from
different views (such as front, back side, top, bottom, perspective, etc.).
•Submit the application to the Design wing of the patent office in Kolkata or any
branch office of the patent office in Mumbai, Delhi, or Chennai.
•After the application is numbered, dated, and taken up for examination,
defects, if any, will be communicated to you.
•The defects must be corrected within six months from the official date of
application.
•If the controller is not satisfied with the correction, a personal hearing will take
place, and the decision will be given in writing.
•If the applicant is not satisfied with the decision, they may appeal to the high
court within three months of the decision.
❖Once the application is accepted, it is notified in the patent office journal
and is valid for a period of 10 years from the date of registration.

❖The period may be extended by 5 years by filing an application for renewal

along with the prescribed fee.
 Trademarks
➢ Generally “Brand” or “Logo”.
➢ A visual symbol which may be word signature, name, device, label,
numerals or combination of colors used by one undertaking on
goods or services or other articles of commerce to distinguish it
from other similar goods or services originating from a different
undertaking.
➢ Any Name which is not unusual for trade to adopt as mark.
➢ Device or Symbol or Monogram.
➢ Shape of goods or their packing.
➢ Combination of colors or even a single color in combination with
word or device.
Trademarks
Trademarks

•Law – Trademark Act, 1999; amended in 2010

•Relevant Ministry – DIPP, Ministry of Commerce and Industry

For a business, its trademark is among its most valuable assets. The
company’s trademark protects its distinctive sign or indicator. This may be a
symbol, logo, word, phrase, name, sound, design or an image that
symbolizes the brand value or goodwill associated with the business or its
product and services.

In India, trademarks are registered under the federal registration system with
the support of five regional offices: Ahmedabad, Chennai, Delhi, Kolkata, and
Mumbai. The Trade Mark Act of 1999 provides trademark rules for the
registration, regulation, and protection of trademarks in India. DIPP recently
revamped old trademark rules for registering trademarks in India.
Trademark registration procedure
•Conduct a trademark search. To identify a completely original trademark you may refer to
the national trademark database online.
•File the application for trademark registration along with the prescribed fees.
•Once the mark is registered, the Trade Marks Registry sends the “Official Examination
Report” asking for clarifications, if any, in accordance with the Trade Marks Act.
•After the application is accepted, it is published in the ‘Trade Marks Journal’, a government
publication to call upon opposition from the general public, if any.
•If the application is not opposed within four months, then the registration is granted. In
case of opposition, registration is granted only after the case is resolved.
•After all due consideration is met, an official letter intimating the acceptance of the
application along with the trademark certificate is issued by the Trade Marks Registry.

The whole process takes about 15 to 18 months. The trademark is valid for ten
years starting from the date of issuance of the certificate. It can be renewed for
another 10 years on the payment of the prescribed fees.
 Copyright
➢ Copyright is a legal term describing rights given to creators for their
literary and artistic works
➢ The works covered by Copyright include :
➢ literary works such as novels, poems, plays, reference works,
newspapers and articles
➢ computer programs and databases
➢ films, musical compositions, dance & theatrical productions
➢ artistic works such as paintings, drawings, photographs and
sculptures
➢ architecture, advertisements, maps, technical drawings and manuals.

➢ Copyright comes into existence as soon as the work is created and protects
skill & labour employed by the creator in production of his work.
Copyrights

•Law – Copyrights Act 1957; amended in 2012

•Relevant Ministry – Copyright Office, Ministry of Human Resource
Development

❖India has a very strong and comprehensive copyright law based on the
Indian Copyright Act of 1957. The copyright law is fully compatible with
international norms like the Berne Convention, Trade Related Aspects of
Intellectual Property Rights (TRIPS) Agreement, and the World Intellectual
Property Organisation (WIPO) Copyright Treaty (WCT).

❖A copyright grants the exclusive right to the creator to control re-production

or adaptation of his/her work for a certain period of time. Unlike trademarks
and patents, a copyright protects the unique expression of ideas and not the
idea itself. Further, copyright registration cannot be obtained for titles or
names, short word combinations, slogans, short phrases – as these can only
be trademarked.

❖Under the Indian Copyrights Act, a copyright exists in 1) original literary,

dramatics, musical and artistic work, cinematograph films, and sound
recordings; 2) literary works: novels, poems, short stories, books on any
subject, computer programs, song lyrics; and 3) computer software.
Copyright registration procedure

Acquisition of copyright is does not require formal registration in India.

However, it is advisable to obtain a certificate of registration of the copyright.
The certificate and the entries made therein can serve as evidence in a court
of law if a dispute relating to the ownership of copyright arises.

The application process for copyright is as follows:

•File the application with complete details and copies of the work.
•Upon submitting the application, examination of the work takes place and
objections, if any, are raised.
•A response regarding objection has to be filed within 30 days.
•The certificate is issued by the copyright office after the objections, if any,
are removed to the satisfaction of the Copyright Registry.
 Geographical Indications

➢ GIs identify agricultural, natural or manufactured goods

associated with a territory/region/locality. GI gives protection to
the group of people or associations involved in the production
of the product using traditional skills and knowledge
➢ The manufactured goods should be produced or processed or
prepared in that territory. This gives a special quality to the
product due to geographical/climatic environment, reputation,
specific manufacturing/farming skills, traditions and other
characteristics attributable to origin.
➢ It consists of the name of the place of origin & originates
from a definite geographical territory.
➢ Darjeeling Tea, Kancheepuram Saree, Kolhapuri Chappals,
Tirupati Laddu, Nagpur Orange etc.
 Geographical Indications
Examples of Indian Geographical
Indications:
➢ Basmati Rice
➢ Darjeeling Tea
➢ Kanchipuram Silk Saree
➢ Alphonso Mango
➢ Nagpur Orange
➢ Kolhapuri Chappal
➢ Bikaneri Bhujia
➢ Agra Petha
Geographical indications

•Law – The Geographical Indications of Goods (Registration and protection)

Act, 1999
•Relevant Ministry – DIPP, Ministry of Commerce and industry

A geographical indication (GI) is a tag used on products based on their

geographical uniqueness. The uniqueness of a product is defined either by its
origin, process, or availability. GI tags usually help businesses enhance their
marketability.

GI registration procedure

•File application with the geographical indications registry.

•After acceptance, the application is advertised for opposition.
•After publication if the application is not opposed within three months
(extendable for one month thereafter), then registration is granted.
The registration of a geographical indication is valid for a period of 10 years. It
can be renewed from time to time for a further period of 10 years each.
 Relation between IPRS

➢ The logo Coca-Cola is an example for

TRADE MARK.
➢ Shape of the bottle – an INDUSTRIAL
DESIGN.
➢ PATENTmay have been obtained in
respect of bottling equipment.
➢ COPYRIGHT – in respect of the text,
database or artistic work appearing
on its website.
i.e., A single product can be
protected by more than one
IPR.
➢ It is the exclusive right of inventor to prevent others from
possessing, using, selling, manufacturing and importing
the patented invention or offering to do any of these with
in a definite geographical area.

➢ Patents have territorial jurisdiction i.e., we have to

register the patents in all countries where we have our
interests.

➢ Patent application can be filed online in India by inventor

or his assignee on www.ipindia.nic.in
 VALIDITY OF IPR
SI IPR Maximum Renewal Act/Rule
No. Protectio
n
1 Patent 20 Yrs *Every year The Patents Act,1970 Amended
(mandatory in 2005
)
2 Trade Mark Life long After 10yrs The Trade Marks Act,
1999 Amended in 2010
3 Design 15 Yrs After 10 The Designs Act, 2000 &
years for Designs (Amendment) Rules,
next 5 2014
years
4 Copyright 60 years Not require The Copyright Act, 1957
Amended in 2012
5 Geographica Life long After 10 Yrs The Geographical Indications
l Indication of Goods (Registration and
(GI) Protection) Act, 1999

*Patents will cease and be transferred to public domain if Patents are not
renewed within 6 month of expiry of concerned year by paying renewal fee.