Intellectual property rights establish minimum standards of protection for intellectual creations of the mind such as inventions, artistic works, symbols, names and images. They usually give the creator exclusive rights over use of the creation for a certain period of time. The main purpose is to encourage creation of a variety of intellectual goods. There are two main forms - literary and artistic works protected by copyright, and industrial property like patented inventions protected by patents, trademarks, industrial designs, trade secrets and geographical indications. World Intellectual Property Organization promotes IP protection globally.

1. ‘Intellectual Property Rights’ are legal rights to intellectual creation of mind like
inventions, artistic works, symbols, names, images which establishes minimum
standards of protection.
It is a product of human creation and a property that arises from the human
intellect.
They usually give the creator an exclusive right over the use of his/her creation
for a certain period of time.
The main purpose of intellectual property law is to encourage the creation of a
large variety of intellectual goods.
It comprises in two distinct forms:-
1) Literary and Artistic works
2) Industrial property

2. 1) Literary and Artistic works:-
In this there are books, paintings, musical compositions,
plays, movies, radio/ TV programms, performances and other artistic
works.
- How are they protected…..???
a) By “copyright’’
2) Industrial property:-
It describes physical matter that is the product of an idea or
the concept for commercial purpose.
- How are they protected…???
a) By patented objects
b) By trademarks
c) By Industrial designs
d) By trade secrets
e) By Layout designs
f) By Geographical indications

3.  WIPO ( World Intellectual Property Organization)
• It is established by the WIPO convention in 1967.
• It is a specialized agency of the United nations.
• It promote the protection of IP throughout the world.
• It’s headquarters in Geneva and Switzerland.
• The international protection for trademarks, industrial designs and appellations
of origin is carried out through three registration systems-
1) The Madrid System for trademarks:-
It is the international registration of a convenien and cost-
effective solution for registering and managing trademarks worldwide and is
governed by two treaties which complement each other. They are_
a) The Madrid Agreement
b) The Madrid Protocol

4. 2) Hague Agreement:-
It is the system of international registration or more correctly
international deposit of industrial designs. It is firstly adopted in 1925 and it
allows the industrial designs to be protected in multiple countries or regions with
minimal formalities.
3) Lisbon Agreement:-
It is the system of international registration for the protection of
appellations of origin. It is the geographical denomination of a country, region or
locality, which serves to designate a product originating.

5. Major types of IP
Functional & Technical Purely Artistic A symbol,logo,word,
Inventions Works colour,sound,design etc
Patent Act, 1970 Copyright Act,1957 Trademark Act,
Amended in Amended in 1982, 1999 Amended in
1999 & 2005 1984,1992,1994 & 1994,1996 & 2000
1999

6. Patent: -
It is an exclusive right granted for an invention, which is a product or
process that provides a new way of doing something or offers a new technical
solution to a problem.
Patent is an exclusive right granted by a country to the inventor to make, use,
manufacture and market the invention that satisfies the conditions of novelty,
innovativeness and usefulness.
- Invention patentable if_
a) New (Novel) or it may be Revolutionary
b) Useful
c) Not obvious
d) Pertains to patentable subject matter i.e.
- it relates to a process or product or both
- it involves an invention step
- it will be capable of industrial application
- a machine

7.  Is A Patent Granted In One Country Enforceable In other Countries ?
- No, there is nothing like a global patent or a world patent. Patent rights are
essentially territorial in nature.
- Granting a patent in one country of the union does not force other countries to
grant the patent for the same invention.
- The refusal of the patent in one country does not mean that it will be terminated
in all the countries.

8. Copyrights and related rights:-
Copyright protection is available for original works of
authorship that are fixed in a tangible form, whether it is published or unpublished.
The primary goal of copyright law is to protect the time, effort and creativity of
the work’s creator.
It means that the original creator of a product and anyone he/she gives
authorization to are the only ones with the exclusive right to reproduce the work.
Copyright law protects the expression of an idea. Not the idea itself.
Copyright remain for last 60 years.

9.  What is covered in copyright???
- paintings, literary, films, dramatic, musical, artistic, sound recording and
softwares.
 What is not covered in copyright???
- Ideas, facts, recipes
- Works lacking originality (e.g. the phone book)
- Names, titles or short phrases
 The copyright Act gives the copyright owner certain exclusive rights,
including the right to:
- Reproduce the work
- Prepare “derivative works” (other works based on the original work)
- Distribute copies of the work by sale, lease or other transfer of
ownership
- Perform the work publicly
- Display the work publicly

11. Trademarks:-
Trademark is a distinctive sign i.e. a symbol, logo, word,
sound, colour, design or other device which identifies certain goods or
services as those produced or provided by a specific person or
enterprise.
A trademark (popularly known as “Brand name”)
Drawings, symbols, three-dimensional signs such as the shape and
packaging of goods, audible signs such as music or vocal sounds,
fragrances or colours.
- Different symbols are:-
TM – Intent to use application filed for product
SM – Intent to use application filed for services
R – Registered trademark

12. Shape
Symbol
Logotype
Shape
Slogan
Word & logo

13. Trade secret
The best kept secret till
date

14. Registration of trademarks for services or goods - 7 yrs to 10 yrs.
It helps consumers identify and purchase a product or service
because its nature and quality, indicated by its unique trademark,
meets their needs.
 Registration procedure for Trademark:-
a) Application for search
b) Application for registration
c) Examination of trademark
d) Advertisement of trademark
e) Filing of opposition
f) Certificate issued

15. Industrial Designs:-
It refers to a creative activity, an Eye appealing design of useful
articles which is ornamental or aesthetic.
An industrial design renders an object attractive or appealing, thus increasing its
marketability and adding to its commercial value.
The design may be three-dimensional based on the shape or surface of the object,
or the two-dimensional based on the object’s patterns, lines or colours.
Novelty, originality and visual appeal are essential if an industrial design is to be
patented.
The holder of this legal title has the exclusive right to make, import or sell any
objects to which the design is applied.
The period of protection granted is from 10 to 25 years.

16. Hybrid Tube Amplifier
Bergmonch bike
ipod/iphone/ipad
Curl Lamp
Rocking Wheel Chair

17. Geographical Indications (GI):-
They are signs used on goods that have a
specific geographical origin and possess qualities or a reputation
that are due to that place of origin.
Ex. Kullu Shawls, Darjeeling Tea, Kanchipuram Silk Saree
The qualities depend on the geographical place of production, there
is a link between the product and its original place production.
It not only provide a way for business to leverage the value of their
geographically unique products, but also inform and attract
consumers.
Geographical Indications of Goods (Registration and Protection)
Act 1999 came into force with effect from 15th September 2003.
Valid period for GI is 10 years.

18. Darjeeling tea
Malabar Arabic
Coffee beans
Mango ‘Gir Kesar’
Mahabaleshwar Strawberry
Blue Pottery of Jaipur

19.  Geographical Indications Registration Procedures –
• As per the Geographical Indication of Goods (Registration and Protection) Act,
1999 , association of persons or producers can apply for Gis for specific
products supported by required documents.
• The Controller General of Patents, Designs and Trade Marks (CGPDT), (under
the Dept of Industrial Policy and Promotion of Ministry of Commerce and
Industry) is the “Registrar of Geographical Indications”.
• The CGPDT directs and supervises the functioning of the Geographical
Indications Registry (GIR).
• Complaints against GI registration can be made at Intellectual Property
Appellate Board at Chennai.

20. Unfair Competition:-
Unfair competition means any fraudulent, deceptive or
dishonest trade practice that economically harms either consumers or
business entities.
The unfair competition is business tort designed to stop any unfair practices
that might be happening in the context of a business setting.
It includes a number of areas of law involving acts by one competitor or
group of competitors which harm another in the field and which may give
rise to criminal offences and civil causes of action.
Categories of acts of unfair competition-
• Causing confusion
• Misleading
• Discrediting Competitors
• Disclosure of secret information
• Taking advantage of another’s achievements
• Comparative advertising

21.  Unfair competition law:-
The law of unfair competition serves five purposes-
a) It seeks to protect the economic, intellectual and creative investments
made by businesses in distinguishing themselves and their products.
b) The law seeks to preserve the good will that businesses have established with
customers over time.
c) The law seeks to deter businesses from appropriating the good will of their
competitors.
d) The law seeks to promote clarity and stability by encouraging customers to
rely on a merchant’s trade name and reputation when evaluating the quality
and prices of rival products.
e) The law of unfair competition seeks to increase competition by providing
businesses with incentives to offer better goods and services than others in
the same field.

22. Present status of IPR and future changes expected
Following points has raise IP questions yet because they are
“traditional” they may not be fully protected by existing IP
systems.
Biopiracy: Patents for innovations in the field of
Traditional Medicine are increasing but “biopiracy” is
major problem e.g Neem
 Due to the facts that Most of the traditional knowledge is
restricted to herbal healers in village areas or tribal
families which is handed generation to generation.
 The traditional knowledge is mostly not available in
written form or if written then it is in local script which is
difficult to interpret.

23. Higher standards of novelty/invention should be made as
existing definition of “novelty and “non-obviousness”
making biopiracy a tough nut to crack. Eg. Neem and
Phyllanthus niruri
Unauthorized or inappropriate use by third parties:
Patents are often granted to parties who are traditionally
not the owners of this knowledge, thereby, leading to
conflict in trade interests of the parties involved.
 Profits made by the patent holders also does not flow back
to the holders of traditional knowledge

24. Biodiversity: Bio-resources are the sole property of
sovereign States and that they have the freedom to use
them as tradeable commodities.
Conservation of medicinal plant.
NEW IPR SOLUTIONS:
 Defensive protection: From the example of turmeric,
neem it is decided that patent applicants should in some
way have to disclose TK (and genetic resources) used in
the claimed invention
 Equitable benefit-sharing: Jeevani (Arya Vaidya Pharmacy,
Ltd) an anti-stress and anti- fatigue formulation, based on
the Kani tribe’s plant arogyapaacha for which Indian
scientists obtained two patents and also developed the
trust of Kani tribe healers to share the benefits arising
from the commercialization of this TK-based drug.

25. Unfair competition and trade practices laws: These allow for
action to be taken against false or misleading claims that a
product is authentically indigenous, or has been produced
or endorsed by, or otherwise associated with, a particular
traditional community.
 The law of confidentiality and trade secrets: This has been
used to protect non-disclosed TK, including secret and
sacred TK.
 Sui generis laws: The sui generis regime of Peru was
established by Law No. 27, 811 of 2002, whose objectives are
to protect TK, to promote fair and equitable distribution of
benefits

26.  Convention on Biological diversity (CBD) Law of Costa Rica
in 1993: Sovereign rights over biological resources and
communities rights over their knowledge also providing
sharing of benefits arising from the utilization of the genetic
resources.
 Prior informed consent (PIC): TK holders should be fully
consulted before their knowledge is accessed or used by third
parties
 Customary laws and practices: Define custodial rights and
obligations over TK, including obligations to guard it against
misuse or improper disclosure; they may determine how TK
is to be used, how benefits should be shared, and how
disputes are to be settled, as well as many other aspects of the
preservation, use and exercise of knowledge.

27.  Infringement:-
• Any reproduction, use, distribution, performance etc. of the work
without the permission of the owner.
• An identical or substantial similar reproduction is also covered.
(slightly change in the product or thing)
• Remedies for infringement:-
- A suit can lie in the district court or high court.
- It may issue an injunction either to prevent the infringer from any
further use and award damages to the patent owner or will pay the
patent owner royalties for further use.
Ex:- Apple sued phone make HTC and has filed a complaint with the
U.S. ITC (International Trade Commission), alleging that the
Taiwanese company is infringing 20 Apple patents related to the iphone.

28.  Conclusion:-
- Intellectual property rights reward creativity and human endeavor,
which fuel the progress of humankind.
- Understanding the country’s IP Rights and following the best practices
can drastically reduce the risk of losing the company’s intellectual
property.
- Indian government has initiated various steps towards Intellectual
Property Rights Protection.
- Do not use competitor’s mark in such way that it harms competitor in
unfair way.
- Documentation of indigenous and local knowledge systems in
electronic format, therefore, of prime importance, especially for the
developing countries, which have a rich abundance of this knowledge.
- Create yourself, rather than using other’s creations.
- The competition is a healthy, but competitors should create their own
original technology, not stolen or steal someone’s.