IPR Basic Presentation

1. By:
Exponent-Attorneys At Law
For Rachana Foundation

2. Jay : Hey hi Tina! How are you? Why are you
looking so upset??
Tina: Actually some one stole
the song that I had composed, I
had put in so much efforts on the
lyrics of that song.
Jay : Oh! That’s sad! The song you
composed using your intellect is your
creation. It gives you an exclusive right
over the composition of your song. This
exclusive right is called as Copyright!
Tina : What do you mean by
Copyright?? I don’t understand
what you are saying!
Jay : Copyright is a form of
Intellectual property rights (IPR),
these rights protect the creations
of mind. Actually I know a person
who can tell us about IPR better

3. Rachana: Hello Jay!! What made you
call me here??
Jay : Hello Rachana!!! Meet my friend Tina. Can you
please tell us about intellectual property rights?
Rachana: Sure! Let me begin!
We all own some or the other forms of property like a
Car, house, building etc. These are all tangible properties; by
tangible I mean they can be physically seen and felt.
Intellectual property on the hand is an intangible form of
property which cannot be physically seen.
Your ownership rights in respect of a tangible property
(real property) are protected through laws related to
lands etc similarly your ownership rights in respect of
Intellectual property (Intangible property) are protected
by Intellectual property rights.
Let me tell you everything about Intellectual property

4. Intellectual property Rights are the rights given to the
creations of the mind, these creations such as :
 inventions;
 literary and artistic works;
 designs; and symbols,
 names and images used in commerce.
Your mind is your intellect which is constantly giving you new ideas, using which
you develop new things. If you don’t want anyone to steal or copy them, then you
need to protect your intellectual creations; they are your property. This is what
intellectual property means and the rights associated with this are called as
intellectual property Rights.
Intellectual property is classified into two types :
 Copyrights
 Industrial Property
Industrial property
includes :
 Trademarks
 Patents
 Designs
 Geographical
Indications

5. Copyright is a form of intellectual property protection given to creators
over their literary and artistic works.
Literary works include novels, poems, plays, reference
works, newspapers and computer programs; databases; films, musical
compositions, and choreography.
Artistic works means paintings, drawings, photographs and sculpture;
architecture; and advertisements, maps and technical drawings.
COPYRIGHT
OTHER RELATED RIGHTS covered within the scope of copyright include
Recordings
Broadcastings
Audio visual works
Computer programs
Digital databases
Internet/web
Cable and Satellite T.V.
In India copyrights are protected under the Copyright Act of 1957

6. Rachana : I guess by giving you a well
known example of the same, it will
become clearer to you what I mean by
infringement!
A few lines of the famous song “ Apni Toh
Jaise Taise” from the movie Lawaris
(1981) were used in the movie “Housefull
2 (2012)” & it was alleged to be as a
copyright infringement, because it was
taken without any prior permission.
Using a creation of work without the
creators permission is called
Rachana : Now that you know what's
copyright, I will tell you about
copyright infringement.
Tina : what is
infringement?
Tina: OH! Now I know what
it means!
Moving

7. Industrial
PropertyIndustrial property means the property which has an industrial application.
Trademarks
Patents
Industrial Design
Geographical Indications
Rachana : Now my friends I will tell you about the next type of IPR
which is industrial property
Types of Industrial property
include:

8. Trademarks :
Trademarks are basically the marks which are used to distinguish the
goods or services of one undertaking from those of the other. These
Marks include a
device, brand, heading, label, ticket, name, signature, word, letter, nu
mber, shape of goods, packaging or combination of colours etc.
Trademarks are protected in India under The Trade Marks Act, 1999
Types of Trademark
 Trademark
 Service mark
 Collective mark
 Certification Mark
Rachana: Hey Jay! The shoes you
are wearing, those are Lee
Cooper’s right? So what is that
Jay : I know what you are hinting
at! Lee Cooper is the trademark! I
have very well got the meaning of

9. Patents are the exclusive rights given to an inventor over his
invention. These exclusive rights allow an inventor to make, use or
sell or to deal with such invention as he/she wants for a limited
period (i.e. for 20 years)
After the term of 20 years is over the invention will be available for
the general public thereby contributing to the society at large.
In India patents are governed by the Indian Patent Act 1970 amended
last in 2005 and Patent rules 2003 which are recently amended in
2014.
PATENTS
For obtaining a patent an invention must be:
 Novel
 Involve an Inventive Step
 Have an Industrial application

10. Why to patent?
 Inventor’s work is protected
 Action can be taken against the wrongdoer
 Exclusive rights granted to the inventor for the invention
 Motivates more inventors to create as their inventions are safe with patent
 After the patent term gets over (i.e. 20 years period expires) the patent can be
made available to the public at a much reduced and cheap price.

11. Industrial designs
An industrial or simply a Design - is the ornamental or attractive aspect of an
article produced by the industry. It refers to the features of
shape, configuration, pattern, or composition of lines or colours applied to any
article, whether in two or three dimensional (or both) forms. An industrial design
makes an article more appealing and enhances its quality.
Industrial designs are applied to products of industry and handicraft, technical and
medical instruments, watches, jewelry, house wares, electrical appliances, luxury
items, vehicles, architectural structures, textile designs.
Designs in India are covered by The Designs Act, 2000 and the Designs Rules, 2001 and
protection is granted for a period of 15 years.
Essential features of Design
A design should -
 Be new or original
 Not be disclosed to the public
 Must stand out from other known designs
 Not contain immoral matter
 Appeal to eye when applied to an article
 Not be contrary to public order or morality

12. Geographical Indications
(GI) :
It is an indication that a particular product has originated
from a particular country or place; and that product is
having all the characteristics, which are attributed to that
place of origin.
Geographical indications convey an assurance of quality and
distinctiveness which is essentially attributable to the fact
of its origin in that defined geographical locality, region or
country.

13. Tina : Wow!! That was quite a piece of information. But
still once I get my invention protected with intellectual
property rights what next?? Am I also going to get
benefited by this protection??
Rachana: Intellectual property rights (IPR)
not only protect your invention but add
value to your invention. You can sell,
licence, or mortgage your invention and
thereby make money. So its not just a
protection, its valuation of your work.
Tina: Wow!!! That’s great!! So I have already
got a way to buy a brand new scooty!!!
You know what guys!!! I have a great
idea, Let us take Rachana to our annual
gathering because then everyone would get
an idea about Intellectual property. And
this session would also turn out to be as an

14. Rachana : So without the consent of the owner
or creator of the Intellectual Property no one
can use it. If they do so, it amounts to
infringement of the owner’s rights which
attracts legal action
Infringement of GI:
If any person uses a registered Geographical indication to represent his own
goods as belonging to a particular region and thereby misleading the public
to believe that what they are buying are the original goods it amounts to
infringement of Geographical Indication and legal action can be taken against
such person.
For Eg If I sell tea to the public representing to them that the tea I am selling
is Darjeeling’ s tea, what I am doing is infringing Geographical indication.
Why?? Because Darjeeling tea is very renowned for its flavour, smell and
taste; which features are attributed to it because of the natural habitat of
Darjeeling where the tea grows in those beautiful tea gardens.
So even though I may be selling a good quality tea under the disguise of the
name of Darjeeling tea but still it will amount to infringement of
Geographical indication.

15. What amounts to Trademark
Infringement
If any person tries to infringe your trademark; You can claim damages
for the losses sustained by you because of that person’s wrongful
activities.
Infringing means :
 selling,
 offering,
 Exposing
 Importing or exporting
 supplying goods or services under your registered trademark
Without obtaining permission from the lawful owner of the mark.
punishments like imprisonment up to 3 years and fine up to Rupees Two
Lakh granted for trademark infringement.

17. Rachana: Ya sure!!! I would be glad to form a part
of your annual gathering. It is my prime object to
make people aware of Intellectual property.
You think ----- You create ----- You invent
& IPR protects.