1. Industrial Property includes patents for inventions, trademarks, industrial designs and geographical indications
2. Copyright covers literary works (such as novels , poems, and plays), films, music, artistic works (drawings, paintings, photographs and sculpture) and architectural design . Rights related to copyright include those of performing artists in
Based on the British Copyright Act of 1911
World Intellectual Property Organization (WIPO)-1967 186 members as of today Became part of UNO in 1974 WIPO Head quarters located in Geneva, Switzerland
Intellectual property rights (IPR)
Intellectual Property Rights
MyLISA OPENS (Orientation Program for Enthusiasts of NET/SLET Exam)
in Library & Information Science
November 20, 2013
SBRR Mahajana First Grade College, Jayalakshmipuram, Mysore
Vasantha Raju N.
Govt. First Grade College-
What is Intellectual Property?
Intellectual property refers to creations of the
mind. Inventions, literary, artistic works; and
symbols, names and images used in
What are intellectual Property Rights?
• Intellectual property rights (IPR) are like any other property
• They allow creators, owners of patents, trademarks, or
copyrighted works to benefit from their own work or
investment in a creation.
• The importance of intellectual property rights was first
recognized in the
– Paris Convention for the Protection of Industrial Property (1883)
– Berne Convention for the Protection of Literary and Artistic
Why we need to promote and protect Intellectual
Some of the reasons WIPO has given are:
- The progress and well-being of human rest on its capacity to
create and invent new works in the areas of technology and
- the legal protection of new creations encourages the
commitment of additional resources for further innovation
- the promotion and protection of intellectual property spurs
economic growth, creates new jobs and industries, and
enhances the quality and enjoyment of life.
How IPR Benefits Common People?
• The multibillion dollar film, recording, publishing and software
industries – which bring pleasure to millions of people worldwide –
would not exist without copyright protection.
• Without the rewards provided by the patent system, researchers
and inventors would have little incentive to continue producing
better and more efficient products for consumers.
• Consumers would have no means to confidently buy products or
services without reliable, international trademark protection and
enforcement mechanisms to discourage counterfeiting and piracy.
Types of IPR
What is Patent ?
A patent is a exclusive right granted for an invention-
a product or process that provides a new way of
doing something, or that offers technical solutions to
A patent provides patent owners with protections for
their inventions. Protection is granted for a limited
period, generally 20 years.
What kind of protects do patent offer?
– Patent protect means an invention cannot be commercially made, used, distributed
or sold without the owner’s consent.
– Patent rights are usually enforced in courts that, in most systems, hold the
authority to stop patent infringement.
• What rights do patent owners have?
– A patent owner has the right to decide who may or may not use the patented
invention for the period during which it is protected.
– Patent owner may give permission to, or license, other parties to use their
inventions on mutually agreed terms.
– Owners may also sell their invention rights to someone else, who then becomes
the new owner of the patent.
– Once a patent expires, protection ends and the invention enters the public
What role do patents play in everyday Life?
Patented inventions have pervaded every aspect of
human life, from electric lighting (patents held by
Edison and Swan) and sewing machines (patents held
by Howe and Singer), to magnetic resonance imaging
(MRI) (patents held by Damadian) and the iPhone
(patents held by Apple).
What kind of inventions can be protected as
• It must be of practical use
• It must show an element of “novelty”
• The invention must show an “inventive step” that
could not be deduced by a person with average
knowledge of the technical field.
• Its subject matter must be accepted as “patentable”
Patent Acts in India
1856 THE ACT VI OF 1856 ON PROTECTION OF INVENTIONS BASED ON THE
BRITISH PATENT LAW OF 1852. CERTAIN EXCLUSIVE PRIVILEGES
GRANTED TO INVENTORS OF NEW MANUFACTURERS FOR A PERIOD OF 14
1859 THE ACT MODIFIED AS ACT XV; PATENT MONOPOLIES CALLED
EXCLUSIVE PRIVILEGES (MAKING. SELLING AND USING INVENTIONS IN
INDIA AND AUTHORIZING OTHERS TO DO SO FOR 14 YEARS FROM DATE
OF FILING SPECIFICATION).
1872 THE PATENTS & DESIGNS PROTECTION ACT.
1883 THE PROTECTION OF INVENTIONS ACT.
1888 CONSOLIDATED AS THE INVENTIONS & DESIGNS ACT
1911 THE INDIAN PATENTS & DESIGNS ACT.
1972 THE PATENTS ACT (ACT 39 OF 1970) CAME INTO FORCE ON 20TH
APRIL 1972 (1970)
1999 ON MARCH 26, 1999 PATENTS (AMENDMENT) ACT, (1999) CAME
INTO FORCE FROM 01-01-1995
2002 THE PATENTS (AMENDMENT) ACT 2002 CAME INTO FORCE FROM
2OTH MAY 2003
2005 THE PATENTS (AMENDMENT) ACT 2005 EFFECTIVE FROM Ist JANUARY 2005
Indian Patent Office and Its Regional Centers
• Indian Patent Head Office is located in Kolkata
– Indian Patent office has three regional centers
• Delhi Patent Office (Regional)
• Chennai Patent Office (Regional)
• Mumbai Patent Office (Regional)
What is Trademark?
A trademark is a distinctive sign that identifies
certain goods or services as those produced by a
specific person or enterprise.
For example: Logo of a company or organization
Trademarks may be one or a combination of words,
letters and numerals
What is Trademarks
• They may consist of drawings, symbols, three-
dimensional signs such as the shape and packaging
of goods, audible signs such as music or vocal
sounds, fragrances, or colours used as distinguishing
• It provides protection to the owner of the mark by
ensuring the exclusive right to use it to identify goods
or services, or to authorize another to use it in return
What is Trademarks
• It helps consumers identify and purchase a product or service
because its nature and quality, indicated by its unique
trademark, meets their needs.
• Registration of trademark is prima facie proof of its ownership
giving statutory right to the proprietor.
• The initial term of registration of trademark is for 10 years,
later it may be renewed time to time.
Chronology of Trademark Related acts in India
• The Patents, Designs and Trade Marks Act, 1883
• The Trade Marks Act, 1905
• The Trade Marks (Amendment) Act, 1919
• The Trade Marks (Amendment) Act, 1938
• The Trade Marks Act, 1940
• The Trade and Merchandise Marks Act, 1958
• The Trade Marks Act, 1999
• Trade Mark Registry office in India is located in Mumbai and
has four other regional centres :
New Delhi, Kolkata, Chennai and Ahmadabad
What is Industrial Design?
• An industrial design refers to ornamental or aesthetic
aspect of an article (product).
• Industrial designs are applied to wide variety of
industrial products and handicrafts.
– Example: Technical and medical instruments
Watches and jewelry, electronic appliances,
Industrial Design Act in India
• The Design Act, 2000
• The duration of the design is for ten years
• The head office is in Kolkata
What is Geographical Indications(GI)?
• GI are signs used on goods that have specific geographical origin
and possess qualities or reputations that are due to that place of
• Agricultural products typically have qualities that derive from
their place of production and are influenced by specific local
factors such as climate and soil
– Example: Nanjanagudu Rasaballe Darjeeling Tea
• GI is an exclusive rights given to a particular community hence the
benefit of the registration are shared by all members of the
• The registration of GI comes handy to protect the interest of
Act for Protecting GI in India
• The Geographical Indications of Goods (Registration
and Protection) Act, 1999
• Geographical Indications Registry Office -Chennai
Layout Design for Integrated Circuits
• Semiconductor integrated circuit means a product having
transistors and other circuitry elements, which are
inseparably formed on a semiconductor material or an
insulating material or inside the semiconductor material
and designed to perform an electronic circuitry function.
• The Semiconductor Integrated Circuits Layout Design Act-
2000 (SICLD Act) has been enacted to bring
Semiconductor Integrated Circuits Layout Design under
• Semiconductor Integrated Circuits Layout-Design
Registry(SICLDR) is located at New Delhi.
• Copyright law grant authors, artists and other creators
protection for their literary and artistic creations. Generally
referred as “works”
• Works covered by copyright include, but are not limited
to: novels, poems, plays, reference works, newspapers,
advertisements, computer programs, databases, films,
musical compositions, choreography, paintings, drawings,
photographs, sculpture, architecture, maps and technical
Rights for Copyright Holders on Their Works
• The creators of works protected under copyrights have
certain basic rights under copyright law. The right
holders can authorize or prohibit
– Its production in all forms including print form or sound
– Its public performance and communication to the public
– Its broadcasting
– Its translation into other languages
– Its adaptation, such as from a novel to a screenplay for a
Protection of Copyright
• In Indian context copyright lasts for 60 years
(counted from the year following the death of
• The protection of copyright under WIPO is 50
years (counting from the year following the
death of the author)
Fair Dealing/Use of Copyrighted Works
– for the purpose of research or private study,
– for criticism or review,
– for reporting current events,
– in connection with judicial proceeding,
– performance by an amateur club or society if the
performance is given to a non-paying audience, and
– the making of sound recordings of literary, dramatic
or musical works under certain conditions.
– Use of works in libraries, schools and in the
Indian Copyright Laws
• The Copyright act, 1914
• The Copyright Act, 1957
– Amended in 1983, 1984, 1992, 1994 and 1999, 2012
– The Copyright (Amendment) Act, 2012
• Indian Copyright Registry Office is located in New
International and Indian Acts which Protects
• Berne Convention (1886)
• Universal Copyright Convention (UCC)-1952
• Paris Revision of 1971
• Copyright Act 1976
• World Intellectual Property Organization (WIPO)-1967
• WIPO Copyright Treaty (WCT)
• WIPO Performances and Phonograms Treaty (WPPT)
• The Digital Millennium Copyright Act-1998
• Information Technology Act-2000
• Information Technology (Amendment) Act- 2008
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