Intellectual property right is intangible;
but it can be used as tangible
economic asset once a legal title (IPR)
is obtained over such IP.
Protection of Plant Varieties and Farmer’s
− Animal Biodiversity/ Genetic Resources: Access,
Trademarks / Collective Marks
Layout Designs of ICs
What is patent?
Right on First Disclosure on an Invention
Stimulation of Creativity
Prevents direct copying of invention
Prevents others from patenting your inventions
Makes competitors find other solutions
Enables Patentee to license the invention
Enables industry to know about new inventions
Facilitates in locating inventors to seek knowhow
Facilitates Technology Transfer
Invention means a new product or process
involving an inventive step and capable of
coming across the
things that are
An invention is
has been created
*Watson & Crick
Agricultural / horticultural method e.g method of
cultivation of Algae or Mushroom or animals
Business method or software
Mere arrangement or re-arrangement of parts of a
device each functioning independently of each other.
Method of diagnosis, treatmentof humans/animals
Invention relating to Atomic Energy.
An invention which is frivolous or which claims any thing obviously
contrary to well established natural laws.
An invention, the primary or intended use or commercial
exploitation of which could be contrary public order or morality or
which causes serious prejudice to human, animal or plant life or
health or to the environment.
The mere discovery of a scientific principle or the formulation of an
abstract theory or discovery of any living thing or non living
substances occurring in nature.
The mere discovery of any new property or new use for a
known substance or of the mere use of a known process,
machine or apparatus unless such known process results
in a new product or employs at least a new reactant.
Any process for the medicinal, surgical, curative,
prophylactic, diagnostic therapeutic or other treatment of
human beings or any process for a similar treatment of
animals to render them free of disease or to increase their
economic value or that of their products.
Plants and animals in whole or any part there of other than
micro organisms but including seeds, varieties and species
and essentially biological processes for production or
propagation of plants and animals.
A mathematical or business method or a computer programme
per se or algorithms
A literary, dramatic musical or artistic work or any other
aesthetic creation whatsoever including cinematographic works
and television productions.
A mere scheme or rule or method of performing mental act or
method playing game.
A presentation of information.
Topography of integrated circuits
An invention which in effect, is traditional knowledge or which
is an aggregation or duplication of known properties of
traditionally known component or components
Be a new product or process (novel)
Have an inventive step (non obvious)
Be capable of industrial application
Be sufficiently disclosed in the specification
should NOT be
Published in India or elsewhere
In prior public knowledge or prior public use within India.
Claimed before in any specification in India or elsewhere.
feature of invention that involves technical
advancement as compared to existing knowledge
or having economic significance or both and that
makes invention not obvious to a person skilled in
should be capable of being made or
used in an industry to result some tangible
A geographical indication is a name or sign
used on certain products, which corresponds
to a specific geographical location or origin
(eg. a town, region, or country).
The use of a GI may act as a certification that
the product possesses certain qualities, or
enjoys a certain reputation, due to its
The whole community, which belongs to that
particular region owns the GI
- Property of the community, unlike trademark which is
a traders property
- To exclude unauthorized persons from misusing GI
- Quality and reputation owing to a place of origin
Registration of a geographical indication
remains valid for a period of 10 years
Not granted to individuals
a national property (Association,
e.g. Tea Board, Coffee Board, Spice Board
It can be renewed from time to time for
further period of 10 years each
Protection as undisclosed information
(Parental Lines of Hybrids).
Protection by way of Registration/ Grant under
Patent (Utility/ Standard Patent)
Plant Variety Protection
UPOV system: Plant Breeder’s Right
Sui generis protection
◦ A TRIPS’ Obligation [TRPS Art. 27.3 (b)]
◦ Plant Variety Right - essentially – UPOV 1978, 1991
◦ Farmers’ Right – optionally – PPV&FR Act (Indian
An exclusive right to produce, reproduce,
publish and inform work in all ways known and
It is right to copy and make use of literary,
dramatic, musical and artistic works and
cinematograph films and sound recordings
Main criteria of copyright registration is its
Royalty-Valued as one of the components of
goodwill a copyright owner gets as consideration
for the assignment rights
general rule is that copyright lasts for 60
dramatic, musical and artistic works –
60 year period is counted from the year
following the death of the author
films, sound recordings,
photographs, works of government and works
of international organizations – 60 year period
is counted from the date of publication
A trade mark is a distinctive sign or indicator of
some kind which is used by an individual or
business organization to uniquely identify the
source of its products and/or services to
• Connotes, quality, reputation, goodwill and
• Provides a thrust to the trader to market goods with
• Infuses in trader/service provider a new spirit in trade
A trademark enables a customer to distinguish
the product of one manufacturer from the
The trademark becomes an effective
instrument to attract customers and by its
proper use, the trademark acquires goodwill of
Compels the attention of the customers
Ensures consistency in quality of goods &
A trade mark can comprise a name, word,
phrase, logo, symbol, design, image, or a
combination of these elements & It should be
The term of a trademark is ten (10) years from
It can be renewed further after every ten(10)
Design refers to the 2- or 3- dimensional drawing
delineating features of
– Compositions of lines or colors
Applied to any article in 2-d or 3-d or in both
forms, and are judged solely by the eye.
Applied to an article for its manufacturer
Appearance and shape of the product is
registered as design
Trademark is a label attached to the product
Appearance i.e. design promotes marketability
Registered design provides legal cover against
Novelty: Novelty is judged solely by eye w.r.t.
external appearance of the finished Article
Absolute Novelty– i.e. Not publicly known or
use in India or elsewhere
Design of Mechanical Cow for
Design of Aqua Ferti-Seed Drill
A trade secret is a formula
, practice, process, design, instrument, patter
n, or compilation of information which is not
generally known or reasonably ascertainable,
by which a business can obtain an economic
advantage over competitors or customers
In some jurisdictions, such secrets are
referred to as "confidential information“
Example- Coca Cola, Pepsi etc.
Integrated circuit layout , also known IC
layout, IC mask layout , or mask design, is the
representation of anintegrated circuit in terms of
planar geometric shapeswhich correspond to the
patterns of metal, oxide, orsemiconductor layers that
make up the components of the integrated circuit.
Layout view of a simple CMOS
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