This PPT was created for Guest Lecture at SVKM's Sunandan Divatia School of Science, NMIMS, Mumbai in 2023. This is a PPT on basics of Intellectual Property Rights and Trademarks. It is useful for students of BA.LLB, BBA.LLB, LLB, BAF., BSc. and MSc. Teachers can use it to teach the topic. Use discussion method of classroom pedagogy. Students should refer to textbooks and reference books for in-depth study.

1. BASICS OF IPR & TM
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2. ABOUT THE SPEAKER
SHRADDHA PANDIT
She is currently pursuing Ph.D. in Law and is a Visiting Faculty at SVKM’s NMIMS, Mumbai, India. She
has completed her LLM in Criminal Law, LLB, BA in English Literature, PDGM in IPR, Diploma in
German and is SET Qualified (in 1st attempt). She has been teaching Contract law, Family law, Public
International Law, Jurisprudence, ADR and English at colleges and institutes affiliated to University of
Mumbai, SNDT Women’s University and NMIMS. She has participated in various international summer
schools, conferences, workshops and has also published numerous articles, research papers in peer-reviewed
journals and blogs. She has conducted various workshops and Faculty Development programs on IPR and
Gender studies.
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3. WHAT IS INTELLECTUAL PROPERTY?
Intellectual property rights, very broadly, means the
legal rights which result from intellectual activity in the
industrial, scientific, literary and artistic fields. Countries
have laws to protect intellectual property for two main
reasons. One is to give statutory expression to the moral
and economic rights of creators in their creations and the
rights of the public in access to those creations. The
second is to promote, as a deliberate act of Government
policy, creativity and the dissemination and application of
its results and to encourage fair trading which would
contribute to economic and social development.
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4. DIFFERENT TYPES OF IP WORLDWIDE
There are different types of IPR namely:
1) Copyright
2) Trademark
3) Patents
4) Geographical Indications
5) Designs
6) Trade secrets and Confidential Information
7) Traditional Knowledge and Traditional Cultural Expressions
8) Biotechnology, Foodtech, Agritech
(Acts passed are based on International Agreements and treaties)
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5. WHAT IS COPYRIGHT?
Copyright deals with the rights of intellectual creators in their creation. Most works, for
example books, paintings or drawings, exist only once they are embodied in a physical
object. But some of them exist without embodiment in a physical object. For example
music or poems are works even if they are not, or even before they are, written down by
a musical notation or words. Copyright law is a branch of that part of the law which
deals with the rights of intellectual creators.
Copyright law deals with particular forms of creativity, concerned primarily with mass
communication. It is concerned also with virtually all forms and methods of public
communication, not only printed publications but also such matters as sound and
television broadcasting, films for public exhibition in cinemas, etc. and even computerized
systems for the storage and retrieval of information.
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6. As per S.13 and S.14 of the Copyright Act(1957), copyright in respect of any original
work subsists in:
a) Literary work (poems, stories, lyrics of a song, blog, script of a film)
b) Dramatic work
c) Musical work (composition, melody)
d) Artistic work (painting, art work, sketches or designs of a fashion designer,
architect)
e) Computer programmes (softwares)
f) Cinematographic film (cinema, documentary film, videos)
g) Sound recording
Copyright exists for 60 years in India (counted from year following the death of the
author for original literary, dramatic, musical, artistic works and in case of
cinematographic films, sound recordings, photographs, posthumous, anonymous,
pseudonymous publications, works of Government and International organizations,
counted from the date of publication, then it comes into the public domain)
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7. 7

8. WHAT ARE PATENTS?
A patent is a document, issued, upon application, by a government office (or a
regional office acting for several countries), which describes an invention and creates
a legal situation in which the patented invention can normally only be exploited
(manufactured, used, sold, imported) with the authorization of the owner of the
patent.
In a number of countries, inventions are also protectable through registration under
the name of “utility model” or “short-term patent.”
“Invention” means a solution to a specific problem in the field of technology. An
invention may relate to a product or a process.
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9. 3 Things can get patented in India:
1. Product
2. Process
3. Inventive step
(S.3 of the Patents Act (1970) lays down
the categories of inventions which cannot be patented,
eg. bombs, nuclear weapons, surgical
methods)
The protection conferred by the patent is
limited in time (generally 20 years).
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10. WHAT ARE TRADE SECRETS & CONFIDENTIAL
INFORMATION
Trade secrets are a type of intellectual property that comprise formulas, practices, processes,
designs, instruments, patterns, or compilations of information that have inherent economic
value because they are not generally known or readily ascertainable by others, and which the
owner takes reasonable measures to keep secret.In some jurisdictions, such secrets are referred
to as confidential information.
Trade secrets or confidential information are an important, but invisible component of a
company's intellectual property (IP). Their contribution to a company's value, measured as its
market capitalization, can be major.
Confidential information is safeguarded by way of NDAs, as there are no particular statutory
provisions that facilitate their registration and protection.
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11. WHAT ARE GEOGRAPHICAL INDICATIONS?
Darjeeling, Kolhapuri, Mysore, Goan, Ratnagiri, Kangra, Kashmiri; one common
feature of all those names is their geographical connotation, that is to say, their
function of designating existing places, towns, regions or countries. However, when
we hear these names we think of products rather than the places they designate (tea,
chappals, silk, cashewnuts (kaju), Mangoes (hapus), tea, saffron (kesar)
respectively).
Those examples show that geographical indications can acquire a high reputation
and thus may be valuable commercial assets. For this very reason, they are often
exposed to misappropriation, counterfeiting or forgery, and their protection—
national as well as international—is highly desirable.
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12. A GI is registered for a period of 10
years under the Geographical Indications
Act (1999).
There is probably no category of
intellectual property law where there
exists such a variety of concepts of
protection as in the field of geographical
indications. This is maybe best
demonstrated by the term “geographical
indication” itself, which is relatively new
and appeared only recently in
international negotiations.
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13. 13

14. 14
SWISS GUYERE CHEESE

15. FRENCH CHEESE & WINE (ROCKEFORT &
CHAMPAGNE)
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16. Iranian dates, Mexican Grapes & Kenyan Coffee
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17. SWISS WATCH, INDIAN SANDALWOOD &
BASMATI
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18. BANARASI & SHANTIPORE SAREES, WARLI
PAINTINGS & NAGPUR ORANGES
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19. WHAT ARE DESIGNS?
Industrial design, in a lay or general sense, refers to the creative activity of
achieving a formal or ornamental appearance for mass-produced items that, within
the available cost constraints, satisfies both the need for the item to appeal visually
to potential consumers, and the need for the item to perform its intended function
efficiently.
In a legal sense, industrial design refers to the right granted in many countries,
pursuant to a registration system, to protect the original ornamental and non-
functional features of an industrial article or product that result from design activity.
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20. The protection term for designs in India
under the Designs Act, 2000
is 10 years and can be extended
for a further term of 5 years (15 years).
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21. WHAT IS TRADEMARK?
“A trademark is any sign that individualizes the goods of a given enterprise and
distinguishes them from the goods of its competitors.” A trademark distinguishes the
goods of a given enterprise from those of other enterprises. A Trademark can be
understood to be “any visible sign capable of distinguishing the goods or services of
an enterprise from those of other enterprises.” There are different types of
trademarks like Collective marks, Certification trademarks, Series Mark, Well-
known marks, prohibtited marks , brand names, colour, logo, spelling & font
(wordmark) , signature, surname, shape mark, signs, symbols, alphanumeric,
numbers, domain names, smell (olfactory), Taste (gustatory), sound (auditory) ,
hologram, motion (visual) , feel, texture (tactile), colour (shade of a colour), etc.
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22. SOME POPULAR TRADEMARKS
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23. HOW TO DESIGN A TRADEMARK?
● Firstly, a Trademark search on ipindia website, whois.com, WIPO, google,
social media in your class and other classes
● To register a Trademark, it should get clearance from the Trademark Registry
as per S.9 and S.11, which lay down the absolute grounds and the relative
grounds of refusal of a trademark respectively.
● So keep in mind these grounds while designing your trademark and applying for
registration at the TM Registry.
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24. S.9 and S.11 grounds
● S.9:Absolute grounds for refusal of registration
● (1) The trade marks—(a) which are devoid of any distinctive character, that is to say, not
capable of distinguishing the goods or services of one person from those of another person;
● (b) which consist exclusively of marks or indications which may serve in trade to
designate the kind, quality, quantity, intended purpose, values, geographical origin or the
time of production of the goods or rendering of the service or other characteristics of the
goods or service;
● (c) which consist exclusively of marks or indications which have become customary in the
current language or in the bona fide and established practices of the trade, shall not be
registered: Provided that a trade mark shall not be refused registration if before the date of
application for registration it has acquired a distinctive character as a result of the use
made of it or is a well-known trade mark.
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25. ● (2)A mark shall not be registered as a trade mark if—(a) it is of such nature as to deceive
the public or cause confusion;
● (b) it contains or comprises of any matter likely to hurt the religious susceptibilities of any
class or section of the citizens of India;
● (c) it comprises or contains scandalous or obscene matter;
● (d) its use is prohibited under the Emblems and Names (Prevention of Improper Use) Act,
1950 (12 of 1950).
● (3) A mark shall not be registered as a trade mark if it consists exclusively of—(a) the
shape of goods which results from the nature of the goods themselves; or
● (b) the shape of goods which is necessary to obtain a technical result; or
● (c) the shape which gives substantial value to the goods. Explanation.—For the purposes
of this section, the nature of goods or services in relation to which the trade mark is used or
proposed to be used shall not be a ground for refusal of registration.
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26. ● Section 11:Relative grounds for refusal of registration
● (1) Save as provided in section 12, a trade mark shall not be registered if, because of—
(a) its identity with an earlier trade mark and similarity of goods or services covered by the
trade mark; or
● (b) its similarity to an earlier trade mark and the identity or similarity of the goods or
services covered by the trade mark, there exists a likelihood of confusion on the part of the
public, which includes the likelihood of association with the earlier trade mark.
● (2) A trade mark which—(a) is identical with or similar to an earlier trade mark; and
● (b) is to be registered for goods or services which are not similar to those for which the
earlier trade mark is registered in the name of a different proprietor, shall not be registered,
if or to the extent, the earlier trade mark is a well-known trade mark in India and the use of
the later mark without due cause would take unfair advantage of or be detrimental to the
distinctive character or repute of the earlier trade mark.
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27. ● (3) A trade mark shall not be registered if, or to the extent that, its use in India is liable to be
prevented—(a) by virtue of any law in particular the law of passing off protecting an unregistered trade
mark used in the course of trade; or
● (b) by virtue of law of copyright.
● (4) Nothing in this section shall prevent the registration of a trade mark where the proprietor of the
earlier trade mark or other earlier right consents to the registration, and in such case the Registrar may
register the mark under special circumstances under section 12. Explanation.—For the purposes of this
section, earlier trade mark means—(a) a registered trade mark or convention application referred to in
section 154 which has a date of application earlier than that of the trade mark in question, taking
account, where appropriate, of the priorities claimed in respect of the trade marks;
● (b) a trade mark which, on the date of the application for registration of the trade mark in question, or
where appropriate, of the priority claimed in respect of the application, was entitled to protection as a
well-known trade mark.
● (5) A trade mark shall not be refused registration on the grounds specified in sub-sections (2) and (3),
unless objection on any one or more of those grounds is raised in opposition proceedings by the
proprietor of the earlier trade mark.
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28. ● (6) The Registrar shall, while determining whether a trade mark is a well-known trade mark, take into account
any fact which he considers relevant for determining a trade mark as a well-known trade mark including—
(i) the knowledge or recognition of that trade mark in the relevant section of the public including knowledge
in India obtained as a result of promotion of the trade mark;
● (ii) the duration, extent and geographical area of any use of that trade mark;
● (iii) the duration, extent and geographical area of any promotion of the trade mark, including advertising or
publicity and presentation, at fairs or exhibition of the goods or services to which the trade mark applies;
● (iv) the duration and geographical area of any registration of or any application for registration of that trade
mark under this Act to the extent they reflect the use or recognition of the trade mark;
● (v) the record of successful enforcement of the rights in that trade mark; in particular, the extent to which the
trade mark has been recognised as a well-known trade mark by any court or Registrar under that record.
● (7) The Registrar shall, while determining as to whether a trade mark is known or recognised in a relevant
section of the public for the purposes of sub-section (6), take into account—(i) the number of actual or
potential consumers of the goods or services;
● (ii) the number of persons involved in the channels of distribution of the goods or services;
● (iii) the business circles dealing with the goods or services, to which that trade mark applies.
● (8) Where a trade mark has been determined to be well-known in at least one relevant section of the public in
India by any court or Registrar, the Registrar shall consider that trade mark as a well-known trade mark for
registration under this Act.
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29. ● (9) The Registrar shall not require as a condition, for determining whether a trade mark is a well-known trade mark,
any of the following, namely:—(i) that the trade mark has been used in India;
● (ii) that the trade mark has been registered;
● (iii) that the application for registration of the trade mark has been filed in India;
● (iv) that the trade mark—(a) is well known in; or
● (b) has been registered in; or
● (c) in respect of which an application for registration has been filed in, any jurisdiction other than India; or
● (v) that the trade mark is well-known to the public at large in India.
● (10) While considering an application for registration of a trade mark and opposition filed in respect thereof, the
Registrar shall—(i) protect a well-known trade mark against the identical or similar trade marks;
● (ii) take into consideration the bad faith involved either of the applicant or the opponent affecting the right relating to
the trade mark.
● (11) Where a trade mark has been registered in good faith disclosing the material informations to the Registrar or
where right to a trade mark has been acquired through use in good faith before the commencement of this Act, then,
nothing in this Act shall prejudice the validity of the registration of that trade mark or right to use that trade mark on
the ground that such trade mark is identical with or similar to a well-known trade mark.
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30. SURNAMES CAN BE TRADEMARKED
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31. ● INVENTED OR FANCIFUL TRADEMARKS ARE PREFERRED AND
THEY GET REGISTERED EASILY.
● EXAMPLES ARE KODAK, ZOMATO, SWIGGY, OLA, PHONEPE,
WHATSAPP, ETC.
● DOUBLE MEANING WORDS SHOULD BE AVOIDED IN INTEREST OF
PUBLIC MORALITY.
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32. ● R = Registered
● TM = Applied for Registration at the Registry but not registered yet
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33. TRADEMARKS IN THE SCIENCE FIELD
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34. CLASSES OF GOODS AND SERVICES
● As per Nice Classification of Goods and Services,
● Classes 1 to 34 are Goods
● Classes 35 to 45 are Services
● Product/ Goods = Trademark (™)
● Services = Service Mark (SM)
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35. EXAMPLES
● ADIANTUM INDUSTRIES PVT. LTD.
● Derived from the word “Dronagiri Parvat” or
“Adiantum fern”, which as per the epic of
Ramayana has the Sanjeevni Booti used by
Lord Hanuman for saving the life of Laxman,
the brother of Lord Rama.
● Class 35 includes mainly services involving
business management, operation,
organization and administration of a
commercial or industrial enterprise, as well
as advertising, marketing and promotional
services.
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36. 36
Derived from the word “Toast”, our brand is a healthy alternative for morning
breakfasts as we provide multi-grain bread at a price suitable to every pocket (15
rupees per packet). CLASS 30 – BREAD – TM- TOSTELLE
TOSTELLE- THE MULTIGRAIN BREAD
Class 5. Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and
preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle;
yeast, baking powder; salt, mustard; vinegar, sauces, (condiments); spices.

37. ● AMHI SPICEKARS!
● Class 35 includes mainly services
involving business management,
operation, organization and administration
of a commercial or industrial enterprise, as
well as advertising, marketing and
promotional services.
● Class 43 includes services provided by
persons or establishments whose aim is to
prepare food and drink for consumption
and services provided to obtain bed and
board in hotels, boarding houses or other
establishments providing temporary
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38. 38

39. WHAT ARE THE REMEDIES?
There are provisions and remedies for infringement (and counterfeiting of goods) of
copyright, geographical indications, trademarks, patents, designs as both civil
remedies (damages, injunction) as well as criminal action and enforcement
(imprisonment, fines, customs seizure and destruction) under the respective statutes.
If there is any breach of trade secrets or confidential information, one can have a
remedy under Section 405 of IPC (1860), which is criminal breach of trust or
under Section 73 under Indian contract Act (1872), which is breach of contract.
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40. “Salus populi est suprema lex”
Compulsory licensing is when the Government allows someone other than the owner
of the copyright or patent to produce copies of the books, or produce the patented
product or use the patented process, without the consent of owner of copyright or
patent for the benefit of mankind, because public welfare is the highest law.
Eg. Need for compulsory licensing of covid drugs and vaccines.
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41. WOMEN IN IPR
The intellectual property (IP) gender gap is a
real problem; only around 16 percent of patent
applications filed through WIPO's Patent
Cooperation Treaty (PCT) are from women,
leaving countless brilliant minds and their ideas
untapped. By taking action now to enable and
support women innovators, we can unlock their
potential for innovation, strengthen IP and
innovation ecosystems and drive economic
growth.
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42. ● Science, like many other fields, has been dominated by men, leaving women less
options to excel in. Why should we not encourage women to take up scientific
research just like men? We need to create a world where women everywhere
can pursue their passion for science and technology. Thus, we need to spread
awareness amongst women regarding various aspects of IPR, so that they can
protect their inventions and also get value for their research.
● At the same time, Governments, Corporates and Individuals need to join hands
in order to introduce special scholarships, incentives, fellowships and schemes
for women to pursue careers in STEM (science, technology, engineering and
mathematics) fields.
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43. ● In India, the Office of the Controller General of Patents, Designs, and Trade Marks (CGPDTM)
offers an 80 percent fee reduction to start-ups and women entrepreneurs, who wish to file their
IPR and protect their inventions and businesses.
● WIPO too has a Gender Action Plan, to be published soon, to promote and encourage the
engagement of women in IP and innovation ecosystems around the world. WIPO’s IP and
Gender Action Plan is built around three pillars of activity:
• Supporting governments in integrating a gender perspective into IP legislation, policies,
programs, and projects;
• Leading research to identify the scope and nature of the gender gap in IP and ways to close the
gap; and
• Piloting new gender-oriented projects and initiatives to enhance the IP knowledge and skills of
women and the institutions that support them.
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44. WHAT ARE THE ALLIED AREAS OF IPR?
There are other IPs and allied areas as well:
Softwares, AI/ML/DL, AT, VR/AR (Copyrights in India, Patents outside)
Data protection and privacy
Domain names (Trademarks in India)
Semi-conductor Integrated Circuit Layout-Designs
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45. BOOKS TO READ, WEBSITES TO REFER
❏ Intellectual Property Law by P. Narayanan (3rd Edition), Eastern Law House
❏ Intellectual Property Law by B.L.Wadhera (5th Edition), Universal Law
Publishing Co.
❏ Law Relating to Intellectual Property Rights by Dr. M. K. Bhandari (2019
Edition), Central Law Publications
❏ WTO in the new millennium: commentary, case law, legal texts by Arun Goyal;
Noor Mohd; (5th Edition), Academy of Business Studies; Bombay, MVIRDC,
World Trade Centre
❏ Law of Intellectual Property by S R Myneni (7th ed.) Asia Law House
❏ Patents, Trade Marks, Copyright and Industrial Design by Thomas A. Blanco
White and Robin Jacod, Sweet & Maxwell
❏ Websites: WIPO https://www.wipo.int/portal/en/index.html
❏ WTO-TRIPS https://www.wto.org/english/tratop_e/trips_e/trips_e.htm
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46. Careers in IPR
❏ IP LAWYER/ ATTORNEY
❏ PATENT AGENT (SCI BACK + LLB REQ + EXAM)
❏ RESEARCHER WITH THINK TANKS
❏ ACADEMICIAN
❏ WORK WITH IITs, OTT platforms, TV & News Channels
❏ CONSULTANT FOR PUBLISHERS & EDTECHS
❏ LAW PROFESSOR
❏ INTERNATIONAL LAWYER (TREATY LAW, ICJ)
❏ CORPORATE/ BUSINESS/STARTUP LAWYER
❏ TRADEMARK AGENT (ANY GRAD/CA/CS + EXAM)
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47. Thank you for lending me your
attention!
Stay in touch on Linkedin: Shraddha Pandit
Mob: 9820348709
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