patent, copy right, trade mark, trade secret, PPVFRA etc..

1. Intellectual property right
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2. Intellectual property (IP) refers to creations of the mind,
such as inventions; literary and artistic works; designs and
symbols, names and images used in commerce
Intellectual Property Rights (IPRs) are legal rights that
protect creations and/or inventions resulting from
intellectual activity in the industrial, scientific, literary or
artistic fields
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3. Types of intellectual property-WIPO
Intellectual
property
Copyright
Industrial
Property
Patents
Trademarks
Industrial designs
Geographical
indications
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4. TRIPS (Trade-Related Aspects of Intellectual
Property Rights)
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5. Copyright and related rights
Rights that creators have over their literary and artistic
works
Books
Music
Paintings
Sculpture
Films
Computer programs
 Databases
Advertisements
Maps
Technical drawings
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6. Copyright
1. Economic rights
Allow right owners to derive financial reward from the use
of their works by others
Reproduction, distribution, rental, importation, Translation,
adaptation
2. Moral rights
Allow authors and creators to take certain actions to
preserve and protect their link with their work
Right of paternity, right of integrity
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7. Copyright laws
Copyright Act, 1957
 Copyright (Amendment) Act, 1983, 1984, 1992, 1994,
1999, 2012, 2019
Span of copyright
Original literacy and artistic works- life of author/
creator +60 years
Films, photograph, gov. publications- 60 years
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8. Patents
Exclusive right granted for an invention, which is a
product or a process that provides, in general, a new way
of doing something, or offers a new technical solution to
a problem
Provides right to decide how - or whether - the invention
can be used by others
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9. Conditions of patentability
Patentable subject matter- defined by national law
Industrial applicability (utility)
Novelty
Inventive step (non-obviousness)
Disclosure of the invention
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10. Patent Laws
The Patents Act, 1970
 Patents (Amendment) Act, 1999, 2002, 2005, 2020
Validity of patent- 20 years
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11. Trademark
A trademark is a sign, or a combination of signs, that
distinguishes the goods or services of one company from
those of another
Words, letters, numerals, pictures, shapes and colors, or
any combination thereof
Product marks
Collective marks
Certification marks
Service mark
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12. Contd…
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13. Functions of trademark
Distinguish the products or services of one company from
those of other companies
Distinguish products or services from a given source from
identical or similar products or services from other
sources
Guarantee function/ indicate quality
Promote the marketing and sale of products, and the
marketing and provision of services
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14. Trademark rules
Trade Marks Act, 1999
Trade Marks (Amendment) Act, 2010
Validity- 10 years
Can be renewed for indefinite time
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15. Geographical Indications
A geographical indication is a name or sign used on
certain products which corresponds to a specific
geographical location or origin
Geographical Indications of Goods (Registration and
Protection) Act, 1999
Span- 10 years (can be renewed for 10 years each)
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16. Examples
Alleppey Green Cardamom
Changalikodan
Malabar pepper
Wayanad robusta coffee
Matta rice
Pokkali Rice
Vazhakulam pineapple
Wayanad Gandhakasala rice
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17. Industrial designs
Ornamental or aesthetic aspects of an article, including
compositions of lines or colors or any three-dimensional
forms that give a special appearance to a product or
handicraft
The Designs Act, 2000
Validity – 10+ 5 years
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18. Other intellectual properties
Trade secrets
Rights on confidential information/ undisclosed data
layout design of integrated circuits
Semiconductor Integrated Circuits Layout-Design Act,
2000
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19. Protection of Plant Varieties and Farmer‘s
Rights Act, 2001
Objectives
To establish an effective system for the protection of plant
varieties, the rights of farmers and plant breeders and to
encourage the development of new varieties of plants
To recognize and protect the rights of farmers in respect
of their contributions made at any time in conserving,
improving and making available plant genetic resources
for the development of new plant varieties
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20. Contd…
To accelerate agricultural development in the country,
protect plant breeders’ rights; stimulate investment for
research and development both in public & private sector
for the development new of plant varieties
Facilitate the growth of seed industry in the country
which will ensure the availability of high quality seeds and
planting material to the farmers
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21. Rights under PPV&FRA
Breeders’ Rights : rights to produce, sell, market,
distribute, import or export the protected variety
Researchers’ Rights : can use any of the registered variety
under the Act for conducting experiment or research
Farmers' Rights: develop, register & protect varieties
Full rights on his produce
Rewards for conserving genetic resources
Compensation for non-performance of variety
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22. Functions
Registration of new plant varieties, essentially derived
varieties (EDV), extant varieties
Developing DUS (Distinctiveness, Uniformity and Stability)
test guidelines for new plant species
Developing characterization and documentation of varieties
registered
Compulsory cataloging facilities for all variety of plants
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23. Contd…
Documentation, indexing and cataloguing of farmers'
varieties
Recognizing and rewarding farmers, community of farmers,
particularly tribal and rural community engaged in
conservation and improvement
Preservation of plant genetic resources of economic plants
and their wild relatives
Maintenance of the National Register of Plant Varieties
Maintenance of National Gene Bank
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