Legislations Governing IPR in

India- Patent, Trademark and

Copyright

Presented by- Group V

(18203-18248)
What is Intellectual Property???
• Intellectual Property (IP) is a category of property that includes intangible
creations of the human intellect.
INVENTIONS

LITERARY AND ARTISTIC WORKS

DESIGNS

NAME, IMAGES AND SYMBOLS

• Intellectual Property Rights (IPR) are the rights given to persons over the creations
of their minds.
• They usually give the creator an exclusive right over the use of his/her creation for a
certain period of time.
• Essentially, these are rights to stop others from copying or counterfeiting.
Branches of Intellectual Property
PLANT VARIETIES
PATENT
TRADE
SECRETS TRADEMARK
INTEGRATED
CIRCUITS AND
LAYOUTS
COPYRIGHTS

GEOGRAPHICAL
INDICATION
DESIGNS
WHAT IS PROTECTED UNDER WHAT?
Example:-
Brand/ Logo

Trademark
Barrier coated
Bottle/ Can
plastic
Design
container

Image/ Content Formula/

Patents
Patent is
- a grant of exclusive right,
- for an invention,
- by the Government,
- to the inventor,
- for limited period (20 years),
- in exchange for full disclosure of invention,
- to prevent others from selling, making or using the
invention.
WHAT’s PATENTABLE
An invention must-
• relate to a Process or Product or
both,
• be new (Novel),
• involves an inventive step,
• be Capable of industrial
application,
• not fall under Section 3 and 4 of
the Indian Patents Act, 1970. Patentability requirements of an
invention
1. Newness or novelty
2. Inventive step or non-
obviousness requirement
3. Capable of Industrial
application
PATENTS ACT, 1970
• In India, the grant of patents is governed by the Patents Act, 1970 and Rules,
1972.
• The patents granted under the act are operative all over India.
H
I
Act of Protection of Innovation and Designs Act, Indian Patents and Design
Inventions, 1856 1888 Act, 1911
S
T
Indian Patents Act, 1970
Indian Patents
(Amendment) Act, 2005
O
and and
Patent Rules, 1972. Patent (Amendment)
Rules,2006
R
Y
PATENT (AMENDMENT) ACT, 2005 and TRIPS COMPILANCE

• The main objective behind the introduction and passing of the Patents (Amendment) Bill, 2005 was to meet India’s
deadline i.e, 31st December, 2004, to comply with the TRIPS Agreement.

Both Pre-grant and post- Both product and

grant opposition process patent provided

Term of Patent- 20 Provision for protection

years of biodiversity and
traditional knowledge
PATENT
(AMENDMENT)
Emphasis on ACT, 2005 –
Substantially reduced
indigenous Salient
Features time lines- processing
manufactures time of application.
NON- PATENTABLE INVENTIONS

Mere
discovery of a
scientific
principle

Frivolous Mere
inventions or rearrangement
against natural of known
laws devices

Non-
Patentable

Mathematical
or business Agricultural
methods, method
algorithms

Plants, animals
and
therapeutic
treatment
Copyrights
• Copyrights are given over artistic works.
• Copyrights are considered territorial rights, which
means that they do not extend beyond the territory
of a specific jurisdiction.
• The exclusive right given by law for a certain
term of years to an author, composer etc. (or
his assignee) to print, publish and sell copies
of his original work”  
WHAT COPYRIGHTS PROTECT?

Literary Works Music, Compositions,

(e.g. books, novels, publications, signers, lyrics, etc.
newspapers, brochures etc.)

Artistic Works (eg. Paintings, drawings,

Software Codes designs)
INDIAN COPYRIGHTS ACT, 1957
•The Copyright Act 1957 governs the subject of copyright law in India.
•Offences of infringement of copyright or other rights conferred by this Act.

H
First Copyright Act
Indian Copyrights
Act, 1957 w.e.f
I
in India in 1914.
1958.
S
T
Amendments in
1983, 1984, 1992,
O
1994 and 1999 and
2012.
R
Y
• The Indian Copyrights Act, 1957 was effected over the whole country from 21st January, 1958.

Performing rights societies’ Definition of categories in

rights (for instance, music which copyright actually
royalties) subsists

Introduced civil and

criminal remedies
against infringement International copyright

INDIAN
COPYRIGHTS
Created Copyright ACT, 1957 –
Office and Copyright Salient discouraging and preventing
Board Features widespread video piracy.
• The 2012 amendments make Indian Copyright Law compliant with the Internet Treaties – the
WIPO Copyright Treaty (WCT) and WIPO Performances and Phonograms Treaty (WPPT).

1. Literary, Lifetime of the author + sixty years from

2. dramatic, the beginning of the calendar year next
3. musical and following the year in which the author
4. artistic works dies.

1. Anonymous and pseudonymous works,

2. Posthumous work,
3. Cinematograph films,
Until sixty years from the beginning of the
4. Sound records,
calendar years next following the year in
5. Government work,
which the work is first publish
6. Public undertakings,
7. International Agencies and
8. Photographs
Trademarks
• A trademark is typically a name, word, phrase,
logo, symbol, design, image, or a combination
of these elements.
• These are legally not linked to the quality, but
within a consumer’s mind these are linked to
quality expectation.
Kinds of Sign used:
- a word (e.g. Kodak)
- combination of words (e.g. Coca-Cola)
- letters & abbreviations (e.g. BMW, IBM)
- drawings (e.g. logo of a company)
- 3D signs (e.g. shape & packaging of goods)

Period of protection:
- varies (usually 10 years)
- can be renewed indefinitely

Need for trademark:

- Protect against unfair competition
- Avoids confusion among consumers
TRADEMARK ACT, 1999
•An Act to amend and consolidate the law relating to trade marks, to provide
for registration and better protection of trade marks for goods and services
and for the prevention of the use of fraudulent marks.
H
First Trademark Act of
1940 with similar
The Trade and
Merchandise Marks Act,
I
provisions to the UK
Trade mark Act, 1938.
1958 was enacted
S
T
The Act is now operative
as Trademark Act, 1999
O
which came into force
with effect from 30th
day of December 1999.
R
Y
• The 1999 Act was enacted to comply with the provisions of the TRIPS.

Increasing the period of Licensing of unregistered

registration and renewal from trademark is permitted.
7 to 10 years.

Providing for an
appellate board for Enhanced punishments for
speedy disposal of offences relating to
appeals trademarks.

TRADEMARK
ACT, 1999–
Providing for registration Salient Registration of trademarks for
of trademarks for
Features services as well in addition to
services.
goods.
 THE AMUL v/s ICHAMTI CASE
1. Ichhamati Co-operative Milk Producers’ Union Limited filed an application for registration of the mark ‘IMUL’ under class
29 (milk goods and other dairy products) of the Trademarks Act, 1999.

2. After the advertisement of this application, Kaira District Co-Operative Milk Producers’ Union Limited (appellant) opposed
registration of the trademark.

3. The opposition was based on the ground that the appellant was carrying on a well established business of manufacturing,
marketing and exporting milk products under the name AMUL since 1955.

4. By virtue of its long, continuous and extensive use of the trademark, it was contended that the public now associated ‘AMUL’
with the appellant’s products. Therefore, the respondent’s adoption of the mark IMUL would cause confusion among the public
and in the trade as it was deceptively similar to the appellant’s trademark. 

5. The registrar, however, found that the respondent’s adoption of the mark IMUL was honest and was not deceptive because
respondent had been using this mark since 2001 and its turnover had increased continuously since then.

6. Against this order, the appellant appealed to the IPAB [Intellectual Property Appellate Board].

7. After perusing several cases, the IPAB held that a statement showing increase in sales turnover (by way of affidavit) was no
ground to grant registration of a trademark that was deceptively similar to AMUL’s trademark.  It was held that the mark
(IMUL) was phonetically similar to AMUL, except for the first letter ‘A’ and ‘I’.

8. The IPAB held that AMUL was a well known mark and the registration of a deceptively similar mark ought not to have been
allowed.
Thank You!