Intellectual Property (IP)

• An intellectual (involving imagination and reason) is one who tries to use

his or her intelligence and analytical thinking in either his profession or
personal pursuits. Product of the mind creativity is the Intellectual
Property and Right to protect this property is the Intellectual Property
Right.
• Refers to creations of the mind: inventions, literary and artistic works, and
symbols, names, images, and designs used in commerce.

Intellectual Property

Industrial Property Copyrights

Geographical Indications
Patents Trademarks Designs
of source
 Importance of Intellectual Property
(IP)
• sets your business apart from competitors
• be sold or licensed, providing an important
revenue stream
• offer customers something new and
different
• form an essential part of your marketing
or branding
• be used as security for loans
• Ensures the availability of the genuine and
original products
Importance of protecting Intellectual Property
- protection to an invention for the exclusive use of it by
its inventor
- legal recognition to the invention
- enables its enforcement in the court of law
- incentive for further development
- public use
- huge source of information
- source for further developmental work by third party
- encourage fair trading
- contribute to social and economic development
 IPR Instruments
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Geogra
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Design Regi
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Tr ade nt
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I Have an innovation how do I Protect it in the market ?

 Patents
It is a limited right granted by the state
to an inventor in respect of an invention to
exclude any other person from practicing
the invention
i.e. manufacturing, using or selling the
patented product or from using the
patented process, without due permission.
 The need for Patent
• Allows the inventor to exclude others from
making, using or selling his or her invention
during the life of the patent.
• It encourages RESEARCH
• Induces an inventor to disclose his inventions
instead of keeping them as secret.
• It encourages establishment of new industries
and thereby rising new companies. For e.g.,
instant photography and the Polaroid
Corporation.
 Types Of Patents
• Utility Patents - new, useful, or improved processes, machines,
apparatuses, articles of manufacture, or compositions of matter
• Design Patents - new, original, and ornamental designs for an
article of manufacture
• Plant Patents - inventions, discoveries, or asexually
reproduced distinct and new varieties of plants; including
cultivated sports, mutants, hybrids, newly found seedlings, and
living organisms
 What cannot be patented?

• An idea: inventions must be reducible to practice

• Laws of nature/naturally occurring articles
• Business forms and other printed matter (not
associated with some hardware)
• Scientific principles in abstract (without
hardware)
Beginning
• 1832 with the letter from Lord William Bentinck, Governor General (GG)
to the Advocate General of India (AG) to have separate legislation for each
invention.
• The Act VI of 1856 on Protection of Inventions in India enacted on 28
February 1856 was based on the British Patent Law of 1852 to encourage
inventions and secure the knowledge of the invention from being lost.
• Based on the Ayyangar Committee recommendations (appointed in 1957),
a Patents Bill introduced on 21 September 1965 lapsed in Rajya Sabha. But
a revised introduced in 1967 was finally passed in 1970.

Features of the 1970 ACT:

• No product patent for chemicals, food and medicine
• No patents for agriculture and horticulture products
• Compulsory licences
• Pre-grant opposition procedure
• Patents to be worked in India.
 Patents in India
• The Patent system in India is governed by the
Patents Act, 1970 (No 39 of 1970) & The
Patents Rules 1972, effective from April
20,1972. Subsequently The Patents Act, 1970
is amended effective from January 1, 1995 &
The Patents Rules, 1972 is amended effective
from June 2, 1999.
 Legal aspect of IPR in India
1. The Patents Act 1970
– According to the Indian Patents Act, 1970, invention means anything new and
useful
– patent grants the exclusive right to the inventor to create his invention for
commercial gain for a given period of time
– Salient features
a. patent law is to encourage scientific research, new technology and
industrial progress.
b. a patent is granted only for an invention which must have novelty and
utility.
c. must produce a new result, or a new article or a better or cheaper article
than before.
 Safeguards in the Patent Law

• Compulsory licences to ensure availability of drugs at

reasonable prices
• Bolar Provision for early manufacture of generics
• Parallel, import to check prices.
• Provision to deal with public health emergency.
• Revocation of patent in public interest and also on security
considerations.
• Provisions to prevent grant of patents based on frivolous or
trivial inventions.
• Provisions to prevent misappropriation of Genetic Resources
and Traditional Knowledge.

12
 Patent Grant Procedure
Filing of patent application

Early Publication Publication after 18 months

Pre Grant Opposition /

Representation by any person.

Request for examination

Examination: Grant or Refusal

Publication of Grant of patent

Post Grant Opposition to grant of patent

(Constitution of Opposition Board)

Decision By Controller
 India's membership of International Treaties
governing Patents
India is member of the following treaties governing patents:
• Convention establishing World Intellectual Property Organization (WIPO)
• Trips Agreement under the World Trade Organization.
• Paris Convention for the protection of Industrial Property with effect from
Dec. 7, 1998.
• Patent Cooperation Treaty (PCT) with effective from Dec. 7, 1998.
 Patent Duration In India
• The term for patents is 20 years from the date of filing of the application
for the patent. It is the responsibility of the patentee to maintain an
issued patent by paying the annuities until the patent expires. After 20
years term the invention claimed in the patent falls into the public
domain.
Restoration
• Restoration of a patent that lapses due to non-payment of renewal fees
can be made within one year of lapse. However, certain limitations will be
imposed on the rights of the patentee when the patent is restored.
 Trade Marks
• A trade mark is a distinctive sign or indicator
used by an individual, business organization,
or other legal entity to identify that the
products or services to consumers with which
the trademark appears originate from a unique
source, and to distinguish its products or
services from those of other entities.
 INDIA TRADEMARK LAW
• The Indian law of trademarks is enshrined the
new Trade Marks Act, 1999 came into force
with effect from September 15, 2003. The old
Trade and Merchandise Marks Act, 1958 was
repealed at the same time. The new
Trademarks Act of 1999 is in line with the
WTO recommendations and is in conformity
with the TRIPS Agreement to which India is a
signatory.
Features of New Trademarks Act 1999
Under the new Trademarks Act of 1999:
• Registration of Service Marks allowed in addition to Trademarks for goods.
• No separate application necessary for each category/class  of goods or services; a
single application would do, however filing fee will be charged separately for each
class of goods/services.
• The term of registration of trademark is ten years, subject to renewal thereafter.
• The system of maintaining registration of trademark in Part A and Part B with
different legal rights, dispensed away.
• Registration of  trademarks which are imitations of well known trademarks not
permitted.
• Registration of Collective Marks owned by associations allowed.
• Offences relating to trademark made cognizable.
• Filing Fees enhanced by more than 8 times.
• Extension of application of convention countries.
 THE TYPES OF TRADEMARKS THAT
CAN BE REGISTERED 
• Product trademarks: are those that are affixed to identify goods
• Service trademarks: are used to identify the services of an entity, such as the
trademark for a broadcasting service, retails outlet, etc. They are used in
advertising for services
• Certification trademarks: are those that are capable of distinguishing the goods or
services in connection with which it is used in the course of trade and which are
certified by the proprietor with regard to their origin, material, the method of
manufacture, the quality or other specific features
• Collective trademarks: are registered in the name of groups, associations or other
organizations for the use of members of the group in their commercial activities to
indicate their membership of the group.
LEGAL REQUIREMENTS FOR REGISTRATION OF
TRADEMARK IN INDIA
• The selected mark should be capable of being represented
graphically (that is in the paper form).
• It should be capable of distinguishing the goods or services of
one undertaking from those of others.
• It should be used or proposed to be used mark in relation to
goods or services for the purpose of indicating or so as to
indicate a connection in the course of trade between the
goods or services and some person have the right to use the
mark with or without identity of that person.
 DURATION OF A TRADEMARK IN INDIA?

• Term of registration of a trademark is ten

years, which may be renewed for a further
period of ten years on payment of prescribed
renewal fees.
• Non-user of a registered trademark for a
continuous period of five years is a ground for
cancellation of registration of such trademark
at the behest of any aggrieved party.
TVS wins against Bajaj
Bajaj Auto Limited dragged rival TVS Motor Company to
court for infringing upon intellectual property rights of its
patented digital twin spark ignition (DTSi) technology.
Bajaj : There is a strong case of infringement of intellectual property rights. The
purpose (use of twin spark ignition for enhanced performance and better mileage)
with which they are using the technology, making use of the same size of engine with
the identical construction, overlaps with our design and that is why we are taking a
legal action
TVS : The combustion process of TVS Motor Company was not exclusively based
on the twin plug operation but was based on the three valve configuration patented
by AVL GMBH of Austria licensed to TVS Motor Company to use its technology. 
Madras high court (20 May 2009): Merely because prima facie Bajaj Auto Limited was
having a valid patent that by itself would not mean that Bajaj Auto had made out a
strong prima facie case of infringement against the TVS Motor Company