Amity Business School

INTELLECTUAL PROPERTY
RIGHTS

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 IPR Amity Business School

• legal rights (ownership interests), which result

from intellectual activity in the industrial,
scientific, literary and artistic fields.
• rights of creators in their creations
• Intellectual property rights safeguard creators
and other producers of intellectual goods and
services by granting them certain time-limited
rights to control the use made of those
productions

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 IPR (contd.) Amity Business School

• IPRs promote creativity, dissemination and

application of intellectual goods and
encourage fair-trading in them
• IPR laws, thus contribute to economic and
social development.

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 IPR (Types) Amity Business School

 PATENTS ACT, 1970 ( AMENDED in 2004)

 COPYRIGHTS ACT, 1957 ( AMENDED In 1999)
 NEW ACTS ENACTED AS A SIGNATORY
TO GATT TO COMPLY WITH NEW
ARRANGEMENT OF PROTECTION OF
INTELLECTUAL PROPERTY RIGHTS.
 TRADEMARKS ACT, 1999 (substituted in place
of Trade Marks and Merchandise Marks Act 1958)
 DESIGNS ACT, 1999
 GEOGRAPHICAL INDICATIONS ACT, 1999

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 WTO Amity Business School

• The TRIPS Agreement is Annex 1C of the Marrakesh

Agreement Establishing the World Trade Organization,
signed in Marrakesh, Morocco on 15 April 1994. ...

• WTO deals with the rules of trade between nations

• It is a negotiating forum
• It has 153 members
• It has a General council, Council For Trade Related
IPRs, Council for Trade in Goods, Council for Trade in
Services

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 Amity Business School

INDIA AND WTO

( TRIPS AGREEMENTS)
• The importance of IPR in India is well established
at all levels-statutory, administrative and judicial.

 India ratified the agreement establishing the WTO.

 The agreement lays down minimum standards for

protection and enforcement of intellectual property
rights in member countries.

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 WIPO
Amity Business School

• The World Intellectual Property Organization

(WIPO) is a specialized agency of the United
Nations. It is dedicated to developing a balanced
and accessible international intellectual property
(IP) system, which rewards creativity, stimulates
innovation and contributes to economic
development while safeguarding the public
interest.
• WIPO was established by the WIPO Convention
in 1967
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 TRIPS Amity Business School

• Agreement on Trade-Related Aspects

of Intellectual Property Rights
• The TRIPS Agreement is Annex 1C of the
Marrakesh Agreement Establishing the
World Trade Organization, signed in
Marrakesh, Morocco on 15 April 1994.

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 Amity Business School

PATENTS
• Inventions are the subject matter of Patents.

• Rights in new, non-obvious, and useful machines,

articles of manufacture, compositions of matter, or
processes.

 It is actually an exclusive right granted by the

government to an inventor for exclusivity to their
invention.

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 Amity Business School

 REQUIREMENTS OF INVENTION
 An inventor must show that the invention is:

– NEW : that no other inventor has obtained a patent for the

same invention.

– NON-OBVIOUS that the subject matter of an invention

was not obvious at the time the invention was made to a
person having ordinary skill in the art to which said subject
matter pertains.

– USEFUL :that the machine, product, or process is one that

can be used in industry or commerce.

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 Amity Business School

NOT INVENTIONS:
1. An invention which claims anything contrary to existing natural laws.

2. The mere discovery of a scientific principle or the formulation of an

abstract theory.

3. Discovery of a new process or property unless it results in a new

reactant.

4. A substance obtained by mere admixture

5. Arrangement or rearrangement of duplication devices in a new way.

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 Amity Business School

• 6. A method of agriculture or horticulture, seeds, etc..

• 7. Any process of medicinal, surgical application on

human beings or animals to render them free of disease.

• 8. Inventions that involve essentially biological processes for

the production of plants or animals.

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 Amity Business School

• PROCEDURE FOR REGISTRATION

• An application has to be submitted to Controller of
Patents.
• The application is then referred to Examiner.
• Examiner checks its authenticity, about its
registration .
• If there are discrepancies in application , objections
are raised which must be answered .
• Else it is notified in the Official Gazette that new
Patent is registered.
• PATENTEE CAN SELL OR ASSIGN HIS PATENT
TO OTHER PERSONS.
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 Amity Business School

• TYPES

• PRODUCT PATENT

• PROCESS PATENT

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 Amity Business School

 DURATION

 The WTO’s Agreement on Trade-Related

Aspects of Intellectual Property Rights requires
that term of a patent be not less than 20 years.

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 Amity Business School

• .

• FOREIGN PATENTS
•
• Procedure for patent in other countries
• Patent Co-operation Treaty has made the process of grant
of Patent in various countries a simple one.
• An inventor/assignee can file an application for grant of
Patent via PCT route in his own home country (called
International Application) and after search and examination of
his invention for novelty, patentability etc., he can file his
application for grant of Patent in other countries (called entry
into National Phase PCT Patent Application), provided both
the countries are convention countries.
There are more than 180 convention countries with
whom India has reciprocal relations. The list is

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 Amity Business School

 COPYRIGHTS
 Copyright Defined:
Right in an original intellectual creation in the fields of art,
literature, music or science that have been fixed in a tangible
medium for the purpose of communication.

 Copyright Protection:
Limited to an author’s particular expression of an idea,
process, concept, and the like in a tangible medium.

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 Amity Business School

– ORIGINALITY TO BE DEFINED
– Original intellectual creation (or work):
something that the author has infused with creativity.

– Works in the fields of art, literature, music or science:

 Literary, dramatic, musical and artistic works.
 Sound recordings.
 Films.
 Radio and television broadcasts.
 Computer programs - software

– Work fixed in a tangible medium of expression:

medium that is permanent for at least some time- like music or film
CD, book

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 Amity Business School

 DURATION
 The TRIPS Agreement provides for the minimum
standard for duration of copyright protection.

In case of a person, the term is the life of author plus

50 yrs. In India the period is 60 years.

In case of a corporate entity, it is 50 yrs from the end

of the calendar year of authorized publication.

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 Amity Business School

– RIGHTS OF COPYRIGHT
– Pecuniary
– It is a right to exploit a work for economic gain. It
includes the following:
 Right to reproduce.
 Right to distribute.
Exhaustion of Rights: once a work has been
distributed to the public, the right to control its
distribution comes to an end.
 Right of performance.

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 Amity Business School

– Implication
– It is a right to prohibit others from tampering with a work.

 These include:
– Right to object to distortion, mutilation or
modification.
– Right to be recognized as the author.
– Right to control public access to the work.
– Right to correct or retract a work.

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 Amity Business School

 COPYRIGHT INFRINGEMENT
 Copyright Infringement is the unauthorized use of a
material which is covered by copyright law in a
manner that violates one of the original copyright
owner’s exclusive right.

 For example: right to reproduce the copyrighted

work.

 Penalties could include the court order to stop

producing that item, confiscation of the item.

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 Amity Business School

 EXCEPTIONS TO COPYRIGHT INFRINGEMENT

 Common uses that do not constitute an infringement of a
copyright :
-Use of the idea only and not the particular expression
– Use in a court or administrative proceeding
– Use by the police if the material (such as a portrait) is
needed to maintain public safety
– Use for instructional purposes in schools
– Use for a purely private purpose
– Use in extended quotations of newsworthy
speeches or political commentaries

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 Amity Business School

• FOREIGN COPYRIGHTS
• FOLLOWING CONVENTIONS are relevant –

1. Berne Convention for the Protection of Literary and Artistic works.

2. Universal Copyright Convention.

3. Multilateral Conventions

4. TRIPS
•
Government of India has established Copyright Enforcement Advisory
Council (CEAC) as an apex body for dealing in copyright related
issues. No special courts have been set up for hearing cases
pertaining to copyright related matters.

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 TRIPS Amity Business School

• Agreement on Trade Related Aspects of

Intellectual Property Rights (TRIPS)
• sets down minimum standards for
intellectual property (IP) regulations
• negotiated at the end of the Uruguay
Round of the General Agreement on
Tariffs and Trade (GATT) in 1994

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 TRIPS (contd.) Amity Business School

• TRIPS contains requirements that nations'

laws must meet for :
1. Copy rights, including the rights of performers, producers of sound
recordings and broadcasting organizations
2. Patents
3. Trade marks
4. Geographical indications
5. Industrial Designs
6. Integrated Circuit layout designs

Also specifies enforcement procedures,

remedies, and dispute resolution procedures

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 Berne Convention Amity Business School

• For protection of literary rights and artistic

works
• Adopted in 1886 in Paris
• Completed in Berne in 1914, and
• Revised from time to time

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 Patent Cooperation Treaty Amity Business School

• Adopted in Washington in 1974, revised in

1979, 84 and 2001
•  Simplifies and renders more economical
the obtaining of protection for inventions
where protection is sought in several
countries,

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 Convention Countries Amity Business School

• Countries or groups of countries with

whom India has reciprocal arrangement to
extend similar treatment as is granted to
its own citizens in the matter of grant of
patent or patent protection and rights ( S.
133 Patents Act 1970)

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 Amity Business School

 TRADEMARKS
 Trademarks Defined: any word, name, symbol, or device that
merchants and others use to identify themselves and their
products

 Acquiring Trademarks
– By use
 Famous foreign trademarks will be protected to prevent
confusion in the minds of local consumers
– By registration

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 Amity Business School

 WTO's Agreement on Trade-Related Aspects

of Intellectual Property Rights sets that the
initial registration of a trademark shall be for a
minimum term at 7 years.

– Registration may be renewed indefinitely.

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 Amity Business School

• FOREIGN TRADEMARKS
• FOLLOWING TREATIES ARE RELEVANT

1. Agreement on Trade-Related Aspects of Intellectual

Property Rights, 1994 :
2. The Madrid system for the international registration of
marks :

3. Trademark Law Treaty 1994:

.
4. The Communal Trademark System :

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 Communal Trademark System
Amity Business School

• A Community Trade Mark (CTM) is any trademark which is

pending registration or has been registered in the European Union
as a whole (rather than on a national level within the EU).
• The CTM system creates a unified trademark registration system in
Europe, whereby one registration provides protection in all
member states of the EU. The CTM system is unitary in character.
Although an objection against a CTM application in any member
state can defeat the entire application, a CTM registration is
enforceable in all member states.
• The CTM system is administered by the
Office for Harmonization in the Internal Market (Trade Marks and
Designs) (OHIM), which is located in Alicante, Spain (see also trade
mark law of the European Union).

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 Madrid Agreement (1891), and the Madrid Protocol (1989) Amity Business School

Madrid system offers a trademark owner the possibility to have his

trademark protected in several countries by simply filing one
application directly with his own national or regional trademark office
(members of the Madrid Union available in PDF). An international
mark so registered is equivalent to an application or a registration of
the same mark effected directly in each of the countries designated
by the applicant. If the trademark office of a designated country
does not refuse protection within a specified period, the protection of
the mark is the same as if it had been registered by that Office. The
Madrid system also simplifies greatly the subsequent management
of the mark, since it is possible to record subsequent changes or to
renew the registration through a single procedural step. Further
countries may be designated subsequently. 

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 Trademark Law Treaty 1994
Amity Business School

• The aim of the Trademark Law Treaty (TLT) is to

approximate and streamline national and regional
trademark registration procedures. This is achieved
through the simplification and harmonization of certain
features of those procedures, thus making trademark
applications and the administration of trademark
registrations in multiple jurisdictions less complex and
more predictable.
• The great majority of the provisions of the TLT concern
the procedure before the trademark office which can be
divided into three main phases: application for
registration, changes after registration and renewal.

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 Trade Secrets Amity Business School

• means information, including a formula,

pattern, compilation, program device,
method, technique, or process, that
derives independent economic value,
actual or potential, from not being
available to others who can obtain
economic value from its disclosure or use

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 Integrated Circuit Amity Business School

• A product in which interconnections are

integrally formed on a piece of material,
intended to perform an electronic function.

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 Layout Design Amity Business School

• A three-dimensional disposition of the

elements composing an integrated circuit

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