The document provides an overview of intellectual property rights (IPR) in India. It begins with definitions of intellectual property (IP) and IPR. It then discusses the different types of IP under industrial property and copyright. The document outlines the key IP laws and regulations in India, including the Patents Act, Trademarks Act, and Copyright Act. It also discusses international treaties and organizations related to IPR, such as TRIPS, WIPO, the Berne Convention, and the Budapest Treaty. Overall, the document covers the basic concepts and legal framework of IPR in India.

1. Intellectual Property Rights
Dr. Shailendra Bhalawe
Assistant Professor
Department of Agro-forestry
College of Agriculture, Balaghat
Jawaharlal Nehru Agriculture University, Jabalpur
(M.P.)

2. Introduction:
Intellectual Property (IP) deals with any basic construction of human intelligence
such as artistic, literary, technical or scientific constructions. Intellectual Property
Rights (IPR) refers to the legal rights granted to the inventor or manufacturer to
protect their invention or manufacture product. These legal rights confer an exclusive
right on the inventor/manufacturer or its operator who makes full use of it’s his
invention/product for a limited period of time. In other words, we can say that the
legal rights prohibit all others from using the Intellectual Property for commercial
purposes without the prior consent of the IP rights holder. IP rights include trade
secrets, utility models, patents, trademarks, geographical indications, industrial
design, layout design of integrated circuits, copyright and related rights, and new
varieties of plants. It is very well settled that IP plays an important role in the modern
economy.

3. Meaning of intellectual Property:
Intellectual Property can be defined as inventions of the mind,
innovations, literary and artistic work, symbols, names and images used
in commerce. The objective of intellectual property protection is to
encourage the creativity of the human mind for the benefit of all and to
ensure that the benefits arising from exploiting a creation benefit the
creator. This will encourage creative activity and give investors a
reasonable return on their investment in research and development. IP
empowers individuals, enterprises, or other entities to exclude others
from the use of their creations. Intellectual Property empowers
individuals, enterprises, or other entities to exclude others from the use
of their creations without their consent.

4. Meaning of intellectual property rights
The intellectual property right is a kind of legal right that
protects a person’s artistic works, literary works, inventions
or discoveries or a symbol or design for a specific period of
time. Intellectual property owners are given certain rights by
which they can enjoy their Property without any disturbances
and prevent others from using them, although these rights are
also called monopoly rights of exploitation, they are limited
in geographical range, time and scope.

5. Nature of intellectual Property:
Intangible Rights over Tangible Property
Right to sue:
Rights and Duties:
Coexistence of different rights:
Exhaustion of rights:
Dynamism:

6. BROAD CLASSIFICATION IP is divided into two categories for
ease of understanding:
I. Industrial Property: which includes inventions (patents),
trademarks, industrial designs, and geographic indications of source;
II. Copyright: which includes literary and artistic works such as
novels, poems and plays, films, musical works, artistic works such as
drawings, paintings, photographs and sculptures, and architectural
designs. Rights related to copyright include those of performing artists
in their performances, producers of phonograms in their recordings,
and those of broadcasters in their radio and television programs.

7. Types of Industrial property:
Patents:
Trade Marks:
Geographical indication:
Industrial design:
Plant variety:

8. How an average person benefits?
1.The increased market value of your business
2.Convert ideas into profitable assets
3.Market the products and services of the business
4. Increase export opportunities for the business

9. HISTORY OF IPR IN INDIA :
George Alfred DePenning is supposed to have made the first application for a
patent in India in the year 1856.
On February 28, 1856, the Government of India promulgated legislation to grant
what was then termed as "exclusive privileges for the encouragement of inventions
of new manufactures" i.e the Patents Act.
On March 3, 1856, a civil engineer, George Alfred DePenning of 7, Grant’s Lane,
Calcutta petitioned the Government of India for grant of exclusive privileges for his
invention - "An Efficient Punkah Pulling Machine".
On September 2, DePenning, submitted the Specifications for his invention along
with drawings to illustrate its working.
These were accepted and the invention was granted the first ever Intellectual
Property protection in India.

11. OVERVIEW OF LAWS RELATED TO INTELLECTUAL PROPERTY
RIGHTS IN INDIA.
The Rules and Laws governing Intellectual Property Rights in India are as follows:
1. The Copyright Act, 1957, The Copyright Rules, 1958 and International Copyright Order,
1999.
2. The Patents Act, 1970: The Patents Rules, 2003, The Intellectual Property Appellate Board
(Patents Procedure) Rules, 2010 and The Patents (Appeals and Applications to the Intellectual
Property Appellate Board) Rules, 2011
3. The Trade Marks Act, 1999, The Trade Marks Rules, 2002, The Trade Marks (Applications
and Appeals to the Intellectual Property Appellate Board) Rules, 2003 and The Intellectual
Property Appellate Board (Procedure) Rules, 2003.

12. 4. The Geographical Indications of Goods (Registration and
Protection) Act, 1999 and The Geographical Indications of Goods
(Registration and Protection) Rules, 2002.
5. The Designs Act, 2000 and The Designs Rules, 2001.
6.The Semiconductors Integrated Circuits Layout-Design Act, 2000
and The Semiconductors Integrated Circuits Layout-Design Rules,
2001.
7. The Protection of Plant varieties and Farmers’ Rights Act, 2001 and
The Protection of Plant varieties and Farmers Rights’ Rules, 2003.
8. The Biological Diversity Act, 2002 and The Biological Diversity
Rules, 2004.
9. Intellectual Property Rights (Imported Goods) Rules, 2007

13. Brief introduction to GATT, WTO
Timeline of GATT and the WTO:
1. 1944: At the Bretton Woods Conference, which created the World Bank
and International Monetary Fund (IMF), there is talk of a third organization,
the International Trade Organization (ITO).
1. 1947: As support for another international organization wanes in the U.S.
Congress, the General Agreement on Tariffs and Trade (GATT) is created.
The GATT treaty creates a set of rules to govern trade among 23 member
countries rather than a formal institution.

14. 1951–86: Periodic negotiating rounds occur, with occasional discussions of
reforms of GATT. In the 1980s, serious problems with dispute resolutions arise.
1986–94: The Uruguay Round, a new round of trade negotiations, is launched.
This culminates in a 1994 treaty that establishes the World Trade Organization
(WTO).
1995:The WTO is created at the end of the Uruguay Round, replacing
GATT.
2003: The WTO consists of 146 members, accounting for approximately 97
percent of world trade.

15. What is Structure of GATT?
General Agreement on Tariffs and Trade (GATT) was a legal agreement
between many countries, whose overall purpose was to promote
international trade by reducing or eliminating trade barriers such as tariffs
or quotas.
According to its preamble, trade barriers and the elimination of
preferences (weakness/partialities), on a reciprocal and mutually
advantages basis.
It was first discussed during the United Nations conference on Trade and
Employment and was the out come if the failure of negotiating governments to
create the International Trade Organization (ITO).
GATT was signed by 23 nations in Geneva on October 30, 1947 and took
effect on January 1, 1948, as remained in effect on January 01, 1948.

16. What is Structure of GATT?
General Agreement on Tariffs and Trade (GATT) was a legal agreement
between many countries, whose overall purpose was to promote
international trade by reducing or eliminating trade barriers such as tariffs
or quotas.
 According to its preamble, trade barriers and the elimination of
preferences (weakness/partialities), on a reciprocal and mutually advantages
basis.
It was first discussed during the United Nations conference on Trade and
Employment and was the out come if the failure of negotiating governments
to create the International Trade Organization (ITO).
GATT was signed by 23 nations in Geneva on October 30, 1947 and took
effect on January 1, 1948, as remained in effect on January 01, 1948.
It remained in effect until the signature by 123 nations in Marrakesh on
April 14, 1994 of the Uruguay Romed Agreements, which established the
World Trade Organization (WTO) on January 1, 1995.

17. What is Purpose of GATT
The purpose of GATT was to eliminate harmful trade protectionism. That
had sent global trade down 65 percent during the Great Depression.
GATT restored economic health to the world after the devastation of the
depression and World War II.

18. What is the Uruguay Round of GATT?
•The Uruguay round of GATT (1986-94) gave birth to World Trade Organization.
•The members of GATT singed on an agreement of Uruguay round in April 1994 in
Morocco for establishing a new organization named WTO.
• It was officially constituted on January 1, 1995 which took the place of GATT
as an effective formal organization. GATT was an informal organization which
regulated world trade since 1948.
• Contrary to the temporary nature of GATT, WTO is a permanent
organization which has been established on the basis of an international treaty
approved by participating countries.
•It achieved the international status like IMF (International Monetary Fund) and
IBRD (The International Bank for Reconstruction and Development), but it is not an
agency of the United Nations Organization (UNO).

19. 1995:The WTO is created at the end of the Uruguay Round, replacing
GATT.
2003: The WTO consists of 146 members, accounting for
approximately 97 percent of world trade.
World Trade Organization (WTO) on January 1, 1995.
The WTO is some ways a successor to GATT, and the original GATT
text (GATT 1947) is still in effect under the WTO framework, subject to
the modifications of GATT 1994.
WTO (World Trade Organization)

20. What are the Objectives of WTO?
•To improve the standard of living of people in the member countries.
•To ensure full employment and broad increase in effective demand.
•To enlarge production and trade of goods.
•To increase the trade services.
•To ensure optimum utilization of world resources.
•To protect the environment.
•To accept the concept of sustainable development.

21. What are the Main Functions of ‘WTO’?
•To implement rules and provisions related to trade policy review mechanism.
•To provide a platform to member countries to decide future strategies related to trade
and tariff.
•To provide facilities for implementation, administration and operation of multilateral
and bilateral agreements of the world trade.
•To administer (manage/controls) the rules and processes related to dispute
settlement.
•To ensure the optimum use of world resources.
•To assist international organizations such as, IMF and IBRD for establishing
coherence (link/compatibility/consistency/relevance) in Universal Economic Policy
determination.

22. TRIPs (Trade Related Intellectual Property Rights)
The TRIPs (Trade Related Intellectual Property Rights) agreement
forms a part of the Uruguay Round to GATT (General Agreement on
Tariffs and Trade; signed by India and other countries).
It is to date the most comprehensive multilateral agreement on
IPR; it became effective on January 1, 1995.

23. What is Trade Related Intellectual Property Rights (TRIPRs)?
The Agreement on TRIPS is an international legal agreement between all
the member nations of the World Trade Organization (WTO).
TRIPS was negotiated at the end of the Uruguay Round of the General
Agreement on Tariffs and Trade (GATT) between 1989 and 1990 and is
administered by the WTO.
TRIPs provide minimum standards in the form of common set of rules for
the protection of intellectual property globally under WTO system.
The TRIPs agreement gives set of provisions deals with domestic procedures
and remedies for the enforcement of intellectual property rights.
TRIPs cover eight areas for IPRs legislation including patent, copyright and
geographical indications etc.

24. World Intellectual Property Organization (WIPO)?
Established in 1970.
An international organization dedicated to helping & ensure that the
rights of creators and owners of intellectual property are protected
worldwide, and that inventors and authors are therefore recognized and
rewarded for their ingenuity.
This international protection acts as a spur (encourages) to human
creativity, pushing back the limits of science and technology and enriching
the world of literature and the arts.
By providing a stable environment for marketing products protected by
intellectual property, it also oils the wheels of international trade.
WIPO works closely with its Member States and other constituents to
ensure the intellectual property system remains a supple (flexible/ not stiff)
and adaptable tool for prosperity and well-being, crafted to help realize the
full potential of created works for present and future generations.

25. How is WIPO funded?
WIPO is a largely self-financed organization.
Generating more than 90 percent of its annual budget through its widely
used international registration and filing systems, as well as through its
publications and arbitration and mediation services.
The remaining funds come from contributions by Member States.

26. Treaties for IPR protection:
Industrial Property Treaties
The Paris Convention for the Protection of Industrial Property (1883)
The Madrid Agreement Concerning the International Registration of
Marks (1891) and the Protocol Relating to that Agreement (1989)
The Madrid Agreement for the Repression of False or Deceptive
Indications of Source on Goods (1891)
Hague Agreement Concerning the International Registration of
Industrial Designs (1925)
Nice Agreement Concerning the International Classification of Goods
and Services for the Purposes of the Registration of Marks (1957)
The Lisbon Agreement for the Protection of Appellations of Origin and their
International Registration (1958)

27. MADRID PROTOCOL
MADRID SYSTEM FOR THE INTERNATIONAL
REGISTRATION OF MARKS
The Madrid System is a centrally administered system by the
International Bureau of the World Intellectual Property
Organization(WIPO) for obtaining a bundle of trademark
registrations in separate jurisdictions, creating in effect a basis for an
"international registration" of marks.
Registration of trademarks in multiple jurisdictions around the world
is Governed by two independent treaties:
the Madrid Agreement (the Agreement) and
the Madrid Protocol (the Protocol)
Together, the Agreement and the Protocol AKA the Madrid System.

28. FEATURES OF THE MADRID AGREEMENT
Should be first registered at the national level in the country of origin. The first
registration is called “basic registration”
International filing only through Office of origin to IB
Country of origin has to be a member state
“Central Attack” feature of the Agreement
Complementary fees

29. ADVANTAGES OF THE MADRID SYSTEM
One application
In one place
One set of documents
One fee
One language
No legalization necessary
Resulting in one registration with one registration number and term
Covering many countries
One renewal date /only one renewal application necessary
Simplified recordal of assignments, name changes, licenses, etc
Filing under the Madrid is less time consuming

30. THE BERNE CONVENTION
The Berne Convention for the Protection of Literary and Artistic Works,
usually known as the Berne Convention, is an international agreement
governing copyright, which was first accepted in Berne, Switzerland, in 1886.
INTRODUCTION
The Berne Convention for the Protection of Literary & Artistic Works,
Adopted on 09 September 1886 is the Oldest Comprehensive Multilateral
Treaty in the Field of Copyright.
Initially the Berne Convention was Signed by 8 Countries and in 2004, it had
156 Members therefore a Great Number of Nations have Formulated their own
National Copyright Rules, by Broadly Conforming to the Norms Set by the
Berne Convention.
The Convention has laid down Minimum Standards of Protection which
have bound all Member States.
The World Intellectual Property Organization (WIPO) has been created to
administer this Instrument Universally.

31. BUDAPEST TREATY
•The Budapest Treaty on the International Recognition of the Deposit of
Microorganisms for the Purposes of Patent Procedure.
•Budapest Treaty, is an international treaty signed in Budapest, Hungary, on
April 28, 1977.
•It entered into force on August 9, 1980, and was later amended on September
26, 1980.
•The treaty is administered by the World Intellectual Property Organization
(WIPO).
•The proposal for International treaty on deposits of microorganisms was
first put forward by United Kingdom.
•At that time 18 countries ratified this treaty such as France, USA, UK, Italy etc.
•The main objective of this treaty is to deposit live microorganisms for their
patent purpose.

32. Main or Key Features of the Budapest Treaty
1. IDA formation and recognition of single deposition of microorganisms
for patent purpose:
2. Broad definition of microorganisms:
3. Safe deposition of microorganisms:
4. Deposition and furnishing of samples:

33. Thank You