Intellectual Property

Rights
Intellectual Property

 Intellectual Property is a property that arises

from the human intellect. It is a product of
human creation.

 Intellectual Property is the creation of the

human intellectual process and is therefore
the product of the human intellect or mind.
Intellectual Property

 It is an intangible form of property.

 It is a personal property.
 It is a basic form of property.
 It is based on information.
Why to Protect Intellectual
Property
 Protect investment in time, money or other
resources used to create new contribution to
technology, commerce and entertainment.

 Governments encourage Creators to disclose

their creations to the public in order to promote
the progress of science and useful arts which
are the engines of development- investors
demand this guarantee
Why to Protect Intellectual
Property??
 Fosters economic growth

 Provides incentives for technological

innovation, and

 Attracts investment that will create new jobs

and opportunities.
How to Protect Intellectual
Property?
 Invention by a patent or as trade secret.
 Utility models by a certificate or secret.
 Industrial Design by a certificate.
 Trade and Service Mark by a certificate.
 Copyright by reducing to a fixed form.
IPR Laws In India
 The Copyright Act 1957
 The Patents Act 1970
 The Trademarks Act 1999
 The Designs Act 2001
 The Patents Rules 1972
 The Copyrights Rules 1958
 The Design Rules 2000
 The Trade Rules 2001
 The Geographical Indications Act 1999
 The Semiconductors Integrated Circuits Layout-Design Act,
2000
 The Information Technology Act 2000
Enforcement of I.P.R.
 Under TRIPS India is under obligation to implement IPR at
the border.
 Customs has to enforce all laws regarding import and
export of goods at the border through Customs Act 1962.
 Prohibition for Imports under Section 111 of CA 1962.
 Prohibition for export under Section 113 of CA 1962.
 Under Section 11 of the CA, government can prohibit
import of goods for various purposes.
 Section 11(n) provides for Notification to be issued for
prohibiting goods which may violate any provisions of law
in the country.
 The CBEC is currently drafting a Notification to enact the
Intellectual Property Rights Border Measures Enforcement
Rules), 2007?
TRADE RELATED INTELLECTUAL
PROPERTY RIGHTS(TRIPS)
 TRIPS has 7 parts and 73 Articles
 Part1(Art1-8)General Provisions and basic
principles
 Part II standards concerning the availability,
scope and use of IPR (Art 9-40)
 Part III Enforcement (Art 41-61)
 Part IV Acquisition and maintenance of IPR
and inter parties procedures (Art 62)
Trips Cond….

 Part V Dispute prevention and settlement (Art

63 and 64)
 Part VI Transitional arrangements (Art 65-67)
 Part VII Institutional arrangements (Art 68-73)
Limitations of IPR Laws….

 Currently IPR laws relate to Geographical

Indications, Industrial Designs, Layout
designs of Integrated Circuits. Protection of
Undisclosed Information (Trade Secrets) are
still not within the ambit of Customs Laws.
Section 11(2)n has to be amended.