Intellectual Property Rights

(IPR)

What is Intellectual Property ?

World Intellectual PropertyOrganisation defines Intellectualproperty (IP) to mean thecreations of the mind, such asinventions; literary and artisticworks; designs; and symbols,names and images used incommerce.

Foundation for Intellectual Property Rights:

Article 27(2) of the Universal Declaration of Human Rights says“everyone has the right to the protection of the moral andmaterial interests resulting from any scientific, literary orartistic production of which he is the author”.

Rationale behind protection of Intellectual Property:-WIPOgives 3 reasons.

(1) The progress and wellbeing of humanity rest on its capacity

to create and invent new works in the areas of technology and

culture,

(2) The legal protection of new creations encourages the

commitment of additional resources for further innovation, and

(3) The promotion and protection of Intellectual Property spurs

economic growth, creates new jobs and industries and

enhances the quality and enjoyment of life.

Different types of Intellectual

Properties

Trade Marks

Patents

Copyright

Industrial Designs

Geographical Indications

TRADE MARKS

PATENTS

COPYRIGHT

GEOGRAHICALINDICATION

INDUSTRIALDESIGNS

What is a Trade Mark ?

A trademark is a sign capable ofdistinguishing the goods or services of oneenterprise from those of other enterprises.The makers of bricks, leather, books,weapons etc., in ancient cultures, startedaffixing the marks on their product todistinguish them from those made by

others.The English word “brand” reflects theusage, as the marking was placed oncattle by farmers with hot irons.

Types of Trade Marks:

(1) A combination of words, letters and

numerals which may be generic, descriptive,

suggestive, arbitrary and fanciful,

(2) Drawings, symbols or 3-Dimensional signs,

and

(3) Holograms, colour and non-visible signs.

What is a Patent ?

A patent is an exclusive monopoly right grantedfor a specific period of time for an invention.

Distinction between discovery and invention.

In Lane Fox v. Kensington and KnightsbridgeElectrical Lighting Company, the Court ofAppeal pointed out the distinction as follows:

“When Volta discovered the effect of an electrical current

from the battery on a frog’s leg, he made great discoverybut no patentable invention”.

Requirements of a Valid Patent:

(1) Existence of a new product or process, often referred to as

novelty,

(2) An inventive step involved in the development of new product

or process, otherwise termed as non-obviousness to the person

skilled in the art due to involvement of a technical advance or

having economic significance and

(3) Usefulness or industrial application.

International instruments on Patent:

(1) 1873 Universal Exposition in Vienna,

(2) March 20, 1883 – Signing of the convention that created the

Union for the Protection of Industrial Property, and

(3) 1967 Stockholm Diplomatic Conference, wherein an agreement

was reached to create WIPO as a specialised agency.

What is a Copyright ?

Copyright is a legal term used to describe therights that creators have over their literary andartistic works.

Nature of the right:

- a moral or natural right.

Immanuel Kant said: Copyright is not merely aform of property right but the author’s creativeworks are an extension or the reflection of theauthor’s personality, in respect of which he isentitled by natural justice to be protected as apart of his personality.

Works covered by Copyright:

Novels, poems, plays, referenceworks, Newspapers, advertisements,computer programmes, Databasesfilms, musical compositions,calligraphy, paintings, drawings,photographs, sculptures, architecturemaps and technical drawings.

What is an Industrial Design

An industrial design constitutes the ornamental or aesthetic

aspect of an article. A design may consist of three-

dimensional features, such as the shape or surface of an

article, or of two-dimensional features, such as patterns,

lines or color.

Types of Industrial Designs:

(1) 3-Dimensional features such as shape or surface or an

article

(2) 2-Dimensional features such as patterns, lines or colour.

What is a Geographical Indication ?

Geographical indications and appellations oforigin are signs used on goods that have aspecific geographical origin and possessqualities, a reputation or characteristics thatare essentially attributable to that place oforigin.

Remedies for violation of IP Rights

Cease and desist (injunctive relief)

Surrender of all infringing materials

Accounts of profits

Damages

THANK YOU.