Laws regarding various type of trade intellectual property rights.

1. LAWS REGARDING TRADE
INTELLECTUAL
PROPERTY RIGHTS
Presented by: Nidhi Bharti
Rajat Kumar
Vikrant Kaushal

2. WHAT IS TRIPS
THE AGREEMENT ON TRADE-RELATED ASPECTS OF INTELLECTUAL
PROPERTY RIGHTS (TRIPS) IS AN INTERNATIONAL LEGAL AGREEMENT
BETWEEN ALL THE MEMBER NATIONS OF THE WORLD TRADE ORGANIZATION
(WTO). IT ESTABLISHES MINIMUM STANDARDS FOR THE REGULATION BY
NATIONAL GOVERNMENTS OF DIFFERENT FORMS OF INTELLECTUAL
PROPERTY (IP) AS APPLIED TO NATIONALS OF OTHER WTO MEMBER
NATIONS.
THE TRIPS AGREEMENT INTRODUCED INTELLECTUAL PROPERTY LAW INTO
THE MULTILATERAL TRADING SYSTEM FOR THE FIRST TIME AND REMAINS
THE MOST COMPREHENSIVE MULTILATERAL AGREEMENT ON INTELLECTUAL
PROPERTY TO DATE.

3. THE THREE FEATURES OF THE AGREEMENT
• Standards
• Enforcement
• Dispute Settlement

4. REQUIREMENTS
TRIPS requires member states to provide strong protection for
intellectual property rights. For example, under TRIPS:
• Copyright terms must extend for 50 years, post death of
author.
• Copyright must be granted automatically, and not based upon
any "formality", such as registrations, as specified in the Berne
Convention.
• Computer programs must be regarded as "literary works"
under copyright law and receive the same terms of protection.
• National exceptions to copyright (such as "fair use" in the
United States) are constrained by the Berne three-step test

5. REQUIREMENTS
• Patents must be granted for "inventions" in all "fields of technology" provided
they meet all other patentability requirements although exceptions for certain
public interests are allowed and must be enforceable for at least 20 years.
• Exceptions to exclusive rights must be limited, provided that a normal
exploitation of the work and normal exploitation of the patent is not in
conflict.
• No unreasonable prejudice to the legitimate interests of the right holders of
computer programs and patents is allowed.
• Legitimate interests of third parties have to be taken into account by patent
rights.
• In each state, intellectual property laws may not offer any benefits to local
citizens which are not available to citizens of other TRIPS signatories under the
principle of national treatment (with certain limited exceptions) TRIPS also has a

6. The TRIPS Agreement covers five
broad areas:
• how general provisions and basic principles of the multilateral
trading system apply to international intellectual property
• what the minimum standards of protection are for intellectual
property rights that members should provide
• which procedures members should provide for the enforcement
of those rights in their own territories
• how to settle disputes on intellectual property between
members of the WTO
• special transitional arrangements for the implementation of
TRIPS provisions.

7. IP LAWS OF INDIA
• Copyright Act,1957
• The Patents Act, 1970
• The Designs Act, 2000
• The Trademarks Act, 1999
• The Geographical Indications of Goods (Registration and Protection)
Act, 1999
• The Semiconductor Integrated Circuits Layout Design Act,2000
• The Protection of Plant Varieties and Farmers’ Rights Act, 2001

8. TYPES OF TRIPS
• Copyrights
• Geographical
indications
• Industrial designs
• Plant varieties
• Trade secrets
• Trademarks
• Patents

9. COPYRIGHTS
• Copyright aims at providing protection to authors ( writers, artists, music composers, etc) on
their creations. Such creations are usually designated as ‘works”.
Eligible works
• Copyright may apply to a wide range of creative, intellectual, or artistic forms, or "works".
Specifics vary by jurisdiction, but these can include poems, theses, fictional
characters, plays and other literary works, motion
pictures, choreography, musical compositions, sound
recordings, paintings, drawings, sculptures, photographs, computer
software, radio and television broadcasts, and industrial designs. Graphic designs and
industrial designs may have separate or overlapping laws applied to them in some
jurisdictions.

10. GEOGRAPHICAL INDICATIONS
• A geographical indication is a sign used on goods and stating that a given
product originates is a given geographical area and possesses qualities or
reputation due to that place of origin.
• Geographical indications may be used for a variety of products, such as
agricultural products.
i. Cheese- “Roquefort” produced in this region of France.
ii. Olive oil- “Tuscany” for olive oil produced in specific region in Italy.
iii. Tea- “Darjeeling” which is grown in India.
iv. Wines and Spirits- “Scotch Whisky” which originates in Scotland.

11. INDUSTRIAL DESIGNS
• An industrial design is the ornamental or aesthetic aspect of an article.
The design may consist of three-dimensional features, such as the
shape of an article, or two-dimensional features, such as patterns,
lines or color. Industrial designs are applied to a wide variety of
products of industry and handicrafts such as technical and medical
instruments, watches, jewelry, house ware, electrical appliances,
vehicles, architectural structures, textile designs and other luxury
items.

12. PLANT VARIETIES
Plant breeders' rights or plant variety rights are the rights to
commercially use a new variety of a plant. The variety must amongst
others be novel and distinct and for registration the evaluation of
propagating material of the variety is considered.

13. TRADE SECRETS
A trade secret is a formula, practice, process, design,
instrument, pattern, or compilation of information which is not generally
known or reasonably ascertainable, by which a business can obtain an
economic advantage over competitors and customers. There is no
formal government protection granted; each business must take
measures to guard its own trade secrets
e.g., Formula of its soft drinks is a trade secret for Coca-Cola.

14. TRADEMARKS
A trademark is a name, logo, design or expression that is used as an identifier of a
business or product. It is a distinctive sign that identifies the commercial goods of one
enterprise from another. It can be used to establish ownership of an individual, over his
product, idea or design.
• Territorial in nature
• Renewed after 10 years,(indefinitely)
Registered: has been registered under Trademark Act,1999
Unregistered: does not have safety against infringements

15. TYPES OF TRADEMARKS
• Word mark: Word, letter or numerical
• Device mark/ logo: word, letter, pictures drawings
• Service mark

16. TYPES OF TRADEMARKS
• Collective marks: CA for Institute of Charted Accountants
• Certification Marks: Woolmark, Agmark, ISI
• Unconventional trademark: color, sound, smell, taste. Eg. Airtel jingle

17. PATENT
• A patent is an exclusive right granted for an invention.
• To get a patent, technical information about the invention must be disclosed to the public in
the patent application.
• Patents are territorial rights.
• Generally 20 years.

18. TYPES OF PATENTS
Provisional patent
affords inventors an extra year of time in order to decide if
and how to file a utility patent.

19. TYPES OF PATENTS
Plant patent
• Provided to an inventor who has invented or discovered a plant and is able to reproduce
a distinct and new variety of the plant through asexual reproduction.
• Lasts for 20 years from the date of filing the application
• Provide a form of monopoly right.
• Do not cover genetically modified organisms.

20. TYPES OF PATENTS
Utility Patent
• Long, technical document that teaches the public how to use a
new machine, process, or system.
• The kinds of inventions are defined by government.
• Eg. genetic engineering and internet-delivered software are the
inventions that receive utility patent protection.

21. TYPES OF PATENTS
Design patent
• Offer protection for an ornamental design
on a useful item.
• The document itself is almost entirely made
of pictures or drawings of the design on the
useful item.
• UI and shapes

22. PATENTS
• Drug Substance
• Method of use
• The formulation
• Process of making it

23. REFERENCES
• Wto.org. 2021. WTO | Intellectual Property - Overview Of TRIPS Agreement. [online] Available at:
https://www.wto.org/english/tratop_e/trips_e/intel2_e.htm
• Ustr.gov. 2021. Council For Trade-Related Aspects Of Intellectual Property Rights | United States Trade
Representative. [online] Available at: https://ustr.gov/trade-agreements/wto-multilateral-affairs/-world-trade-
organization/council-trade-related-aspects-in
• Uspto.gov. 2021. Trade Related Aspects Of IP Rights. [online] Available at: https://www.uspto.gov/ip-policy/patent-
policy/trade-related-aspects-ip-rights
• Katielily's Blog. 2021. Logos Cont.. [online] Available at: https://katielily.wordpress.com/2010/10/30/logos-cont/
• Pandey, A., 2021. Difference Between Registered And Unregistered Trademark. - Ipleaders. [online] iPleaders.
Available at: https://blog.ipleaders.in/trademarks-registered-unregistered/
• Legalzoom.com. 2021. What Are The Different Types Of Patents?. [online] Available at:
https://www.legalzoom.com/articles/what-are-the-different-types-of-patents

24. REFERENCES
• Mondaq.com. 2021. Intellectual Property Laws In India- [online] Available at:
https://www.mondaq.com/india/trademark/654712/intellectual-property-laws-in-india-everything-you-must-
know#:~:text=Broadly%2C%20the%20following%20acts%20deal,The%20Copyright%20Act%2C%201957
• limited, c., 2021. Different Types Trademark [online] Companiesinn.com. Available at:
https://companiesinn.com/articles/different-types-trademark#:~:text=2.-
,Device%20Mark%20%2D%20Logo%2C%20Combination%20of%20Words%20and%20a%20Logo%2C,most%20
common%20form%20of%20mark.
• Intellectual Property Center, LLC. 2021. Plant Patents And The Story Behind Poinsettia Plants. [online] Available at:
https://theipcenter.com/2017/12/plant-patent-provide-years-monopoly-holiday-flowers/
• Mondaq.com. 2021. Copyright Law In India- Everything You Must Know - Intellectual Property - India. [online]
Available at: https://www.mondaq.com/india/copyright/655852/copyright-law-in-india-everything-you-must-
know#:~:text=The%20(Indian)%20Copyright%20Act%2C,which%20India%20is%20a%20party.
• Wipo.int. 2021. Patents. [online] Available at: https://www.wipo.int/patents/en/