2. IPR is a general
term covering
patents, copyright,
trademark,
industrial designs,
geographical
indications, layout
design of integrated
circuits,
undisclosed
information (trade
secrets) and new
3. The Convention establishing the World Intellectual
Property Organization (1967) gives the following list
of the subject matter protected by intellectual
property rights:
trademarks, service marks, and commercial names
and designations;
inventions in all fields of human Endeavour;
industrial designs;
protection against unfair competition; and
“all other rights resulting from intellectual activity in
the industrial, scientific, literary or artistic fields.”
literary, artistic and scientific works; scientific
discoveries;
performances of performing artists, phonograms, and
broadcasts;
4.
5. The legislations covered Under IPR
Patents: The Patents Act, 1970 as amended in 1999, 2002 and
2005
Design: The Designs Act, 2000
Trade Mark: The Trade Marks Act, 1999
Copyright: The Copyright Act, 1957 as amended in 1983,
1984 and 1992, 1994, 1999
Layout Design of Integrated Circuits: The Semiconductor
Integrated Circuits Layout Design Act, 2000
Geographical Indications: The Geographical Indications of
Goods (Registration and Protection) Act, 1999
6. WIPO was created in 1967
"to encourage creative
activity, to promote the
protection of intellectual
property throughout the
world". WIPO currently
has 192 member states,
administers 26
international treaties, and
is headquartered in
Geneva, Switzerland.
7.
8. The copyright act 1957
Under section 13 of the Copyright
Act 1957, copyright protection is conferred on literary works,
dramatic works, musical works, artistic works, cinematograph
films and sound recording. ... Copyright protection is conferred
on all Original literary, artistic, musical or dramatic,
cinematograph and sound recording works.
9. What are the classes of works for which copyrights protection is available
in India?
Copyright subsists throughout India in the following classes of works:
•Original literary, dramatic, musical and artistic works;
•Cinematograph films; and
•Sound recordings.
What is an artistic work?
An artistic work means-
a painting, a sculpture, a drawing (including a diagram, map,
chart or plan), an engraving or a photograph, whether or not
any such work possesses artistic quality;
a work of architecture; and
any other work of artistic craftsmanship.
10. In the case of a literary work (except computer programme),
copyright means the exclusive right
•To reproduce the work
•To issue copies of the work to the public
•To perform the work in public
•To communicate the work to the public.
•To make cinematograph film or sound recording in respect of
the work
•To make any translation of the work
•To make any adaptation of the work.
11. The Patents Act 1970 had a very limited scope of
protection wherein the essential elements of
invention were new, useful and manner of
manufacture. Even though manufacture was not
defined in the old Act, the Patent Office
established the practice of interpreting
manufacture as process resulting in a tangible
product.
The Patent Act 1970
12. It is the inventor who has the right
to apply for a patent for an invention.
However, the right to apply for a patent
can be transferred to another person –
physically or legally (assignment). The
applicant referred to in
a patent application can, therefore, be one
or more people or companies.
The patent act can be applied on
13. What inventions are patentable
For any asset or an invention to qualify for a patent, it
must meet three basic requirements:
It must be novel and one of its kind. This means that the
particular invention must be new and there should not
be any existential trace of it
It must be unique in itself. An improvement in the current
technology by an individual cannot be patented
It must be useful. It should add value to the life of the
common man and it must not benefit or support the use
of illegal things or must not be used for any immoral
purpose