IPR

INTRODUCTION TO INTELLECTUAL
PROPERTY RIGHTS
Mr.S.Ashok M.Sc,(PhD)

Concept of property
• Property is any physical or intangible entity that
is owned by a person or a group of persons.
• Depending on the nature of the property, an
owner of property has the right to consume, sell,
rent, mortgage, transfer, exchange or destroy
their property

Theories behind concept of property
1. Historical Theory of Property (group or society)
2. Labour Theory (Spencer)(Result of individual)
3. Psychological Theory (Bentham) (a conception of mind)
4. Functional Theory ( Jenks, Laski)
(Property is situated in the society, has to be used in the society)
5. Philosophical Theories
( Property as an End in itself (the possession of material goods was so
essential to the attainment of all other pleasures that it could be taken
as the measure of pleasure)

According to salmond, property is
• Legal rights(provided by law, includes persons
personal and proprietary rights)
• proprietary rights ( Land & doesn’t include
reputation)
• Corporeal rights ( which are real & doesn’t
include shares) ( ex : real estates)

Broadly Property is divided into three kinds
those are as follow:
• Movable and Immovable property
• Tangible and Intangible property:
• Intellectual property

Movable and Immovable property
• Immovable property is permanently attached
to the earth and cannot be moved from one
place to another for example land, house, etc.
• Movable property can be moved from one
place to another with the help of a person and
that includes chattels(Furniture car),
ornaments.

Tangible and Intangible property
• Tangible property refers to any type of property
that can generally be moved (Furniture, clothing,
jewellery)
• Intangible property refers to personal property
that cannot actually be moved, touched or felt,
but instead represents something of value such
as negotiable instruments, securities, service
(economics),

Intellectual property
• Intellectual property is a term referring to a
number of distinct types of creations of the
mind for which property rights are recognized
• Under intellectual property law, owners are
granted certain exclusive rights to a variety of
intangible assets, such as musical, literary, and
artistic works; discoveries and inventions

Introduction to IPR
The four main categories of intellectual property
1. Patents
2. Trademarks
3. Copyrights
4. Designs

Patents
• Patents are used to protect new product,
process, apparatus & It has not been disclosed
anywhere in the world at the time of the
application.
• Registration(United state patents and trademark)
provides a patentee the right to prevent anyone
making, using, selling, or importing the invention
for 20 years(can be extended up to 5 years

Trade marks
• A symbol (logo, words, shapes) used to
provide a product or service with a
recognizable identity to distinguish it from
competing products
• They can be registered nationally or
internationally, enabling the use of the symbol
®
• An unregistered trade mark is followed by the
letters ™

Copyright(individual)
• Copyright is used to protect original creative
works, published editions, sound recordings,
films and broadcasts.
• Material cannot be posted on a Web site
(Intranet included) without permission from
the copyright holder.

Design registrations
• Design registrations are used to protect
products distinguished by their novel shape or
pattern
• The design itself must be new, although a 1
year grace period is allowed for test-
marketing.

International Instruments

World intellectual property organization
(WIPO)
• To encourage creative activity and to promote the
protection of intellectual property through out
the world, an Organization was established in
1967( Geneva, Switzerland)
• Its comprises of 187 memebers(provides financial
resources to the organization) from different
countries(includes India) and 26 international
treaties it has.
• It approves two treaties(1996) in India
i) Copy right treaty ii) performance treaty

TRIPS — (Trade-Related Aspects of
Intellectual Property Rights)
• It is the most comprehensive multilateral
agreement on intellectual property (IP).
• It plays a central role in facilitating trade in
knowledge and creativity, in resolving trade
disputes over IP
• It frames the IP system in terms of innovation,
technology transfer and public welfare
• The TRIPS Council is responsible for
administering and monitoring the operation of
the TRIPS Agreement

Trips agreement covers the following
Copyright : It is an exclusive rights given to the
creators of a creative work example – education
,Artistic work. Author of creators can give rental
of a work to public. This protection is for 50
years.
Trademarks: It is a symbol which identify a
particular product. Registration and renewal of
a trademark is for a period of not less than 7
years

Geographical indication : It gives geographic origin
, quality or reputation to a particular product of
specific geographic origin.It is a sign or
protection of a product.
Patents : Patent grant for an invention
step,technology.Patent owner shall have a right
to assign or transfer by succession.It provide 20
Years product patent and successive 20 years
process patents
Industrial design : Industrial design are protected
for 10 years .

WTO(World trade organization)
• The World Trade Organization (WTO) is the only
global international organization dealing with the
rules of trade between nations.
• It officially commenced operations on 1 January
1995, Headquarters Geneva, Switzerland
replacing the General Agreement on Tariffs and
Trade (GATT) that had been established in 1948
• WTO agreements, negotiated and signed by the
bulk of the world’s trading nations.
• The WTO agreements cover goods, services and
intellectual property

• The WTO’s procedure for resolving trade
quarrels under the Dispute Settlement
• WTO agreements contain special provision for
developing countries, including longer time
periods to implement agreements and
commitments, measures to increase their
trading opportunities.

EMERGING TRENDS IN IPR

IP IN AGRICULUTRE
Livestock , genetic resources with high diversity
are essential for
• food security
• livelihood security
• for utilization of unsuitable environment for
crop agriculture
They need to be protected in the modern regimens
particularly WTO and TRIP’S era

Unique breeds of domestic animals forms
the basis of genetic secrets of breeds
These characteristics include
• Ability to tolerate heat and parasites
• Ability to tolerate survive and produce milk in
harsh condition under poor quality of food and
fodder
• These genetic secrets has commercial value and
need protection through appropriate IPR’s

• The last decade is the decade of changes and
transformations
• A healthy fertile land for innovators and
researchers was formed
• Boosted the moral knowledge based
entrepreneurs and innovators

2012
• Amendments made Indian Copyright law
compliant with the internet treaties
• World copyright treatry(WCT) ,WIPO(World
intellectual property organization) performances
and phonograms Treaty ( WPPT) and ease of
filing

2013
• Comprehensive online IP filing services,in july
2013
• Become 90 Member of Madrid system
2014
India started working with international search
Authority(ISA) and international preliminary
examining authority ( IPEA)
India became one of the best IP offices in the world

2016
• New IPR policy 2016 was adopted
• The cell for IPR promotion and management
(CIPAM) was created in the year 2016
2018
• There is an amendment to expand the scope of
commercial courts in India and to separate courts
with different procedures for resolving all
commercial and IP disputes

2019
• National innovation and start up policy 2019
for students and faculties of higher education
institutions was implemented

INDIAN IPR LAWS
• The patent Act , 2005
• The Trade Marks Act ,1999
• The Design Act , 2000
• The Copyright Act ,1957
• Geographical indication of Goods Act, 1999
• Protection of plant ,varieties and Farmer’s Right
,2000
• Biological Diversity Act 2002

Use and misuse of intellectual
property rights

Intellectual property (IP) is the intangible
creation of the human intellect. The domain of
Intellectual property is very vast, covering novel
ideas, innovative creations, unique designs or
methods of development, literary and artistic
works etc.

Abuse of IPR
• Compulsory license : These are statutory
licenses to do an act covered by an exclusive
right without consent of the owner
i.e you could get a license even when that
patent right holder was refused to give the
voluntary license
(Compulsory license can be granted by the govt.
under certain conditions)

Patents misuse
• The concept of patent misuse first surfaced in the
case of Adams v Burke, decided by the US
Supreme Court in 1873.
• The court held that after the first authorized sale
of a patent product by the patentee, the product
becomes the complete property of the purchaser,
rendering the patentee devoid of his monopoly
rights over the product(exhaustion doctrines)

• In Brulotte v. Thys Co. (1964), the United States
Supreme Court held that a patent holder’s
attempt to collect royalties beyond the term of
the patent constitutes misuse of the patent.
• An essential condition for using patent misuse
defence is that it must hamper the competition
in the market.

When a company accuses a patent owner of misuse,
then the allegation must fulfill 2 conditions:
• The valid patent was used as a way to change
business outcomes
• The anti-competitive effects extended outside of
the patent’s scope
Since the 20th century, there have been significant
developments through various legislations and
judicial decisions that have further broadened the
scope to eliminate the loopholes and make it
more user- friendly.

Copy right misuse
• Copyright misuse occurs when a company or
an individual makes unjustified use of a
copyright which is beyond its legal capacity
and in violation of the Copyright Act of the
concerned country.
• A copyright owner could commit misuse by
using a license agreement to extend the
length of its copyright monopoly.

Ex : Copyright misuse as analogous to patent
misuse inLasercomb America v.
Reynolds.regarding software CAD
In the case Tekla Corporation v. Survo Ghosh,
decided by the Delhi High Court on 16th May
2014, Justice Endlaw of the Delhi High Court
held that
“copyright misuse does not constitute a
legitimate defense for copyright infringement
in India.”

Competition Law
• It consists of a set оf laws and regulations that
promotes fair competition іn markets and aims to
prevent anti-competitive business practices .
• competition laws and IPR may seem inherently
contradictory to each other, as while Competition
law prevents artificial entry barriers and seeks to
remove monopolization оf thе production
processes of monopoly power in the hands of few.

Tax Avoidance
• Multinational corporations use intellectual
property (IP) to avoid taxes on a massive scale,
by transferring their IP to tax havens for
artificially low prices. Economists estimate that
this abuse costs the U.S. Treasury as much as $90
billion each year.
• Yet tax policymakers and scholars have been
unable to devise feasible tax-law solutions to this
problem.

Advantages of Intellectual Property Rights
• Provides exclusive rights to the creators or inventors.
• Encourages individuals to distribute and share
information and data instead of keeping it
confidential.
• Provides legal defense and offers the creators the
incentive of their work.
• Helps in social and financial development.

Layout Designs of Integrated Circuits

• In compliance with the TRIPS Agreement, India has
enacted the Semiconductor Integrated Circuits
Layout-Designs Act, 2000 in order to provide
protection to layout designs of integrated circuits.
• Under the (Indian) Semiconductor for Integrated
Circuits Layout-Designs Act, 2000, a Semiconductor
Integrated Circuit has been defined as a product
having transistors and other circuitry elements which
are inseparably formed on a semiconductor material
or an insulating material or inside the semiconductor
material and designed to perform an electronic
circuitry function.

• A layout design is considered original if it is
the result of the creators own intellectual
effort
• A layout-design protected as the integrated
circuit not be reproduced, imported, sold or
otherwise distributed for commercial
purposes in Trinidad and Tobago without
the authorization of the right holder.
• The protection for the respective design can
lasts for 10 year from date of filing the
application

Traditional knowledge
• Traditional knowledge (TK) is a living body of
knowledge passed on from generation to generation
within a community. It often forms part of a people’s
cultural and spiritual identity. WIPO's program on TK
also addresses traditional cultural expressions (TCEs)
• Traditional knowledge can be found in a wide variety
of contexts, including: agricultural, scientific,
technical, ecological and medicinal knowledge as
well as biodiversity-related knowledge.
• TK are broad and diverse, the IP issues break down
into two key themes:

Defensive protection : It refers to a set of strategies
to ensure that third parties do not gain
illegitimate or unfounded IP rights over TK. These
measures include the amendment of WIPO-
administered patent systems
Positive protection
• Preventing unauthorized use, and
• Active exploitation of TK by the originating
community itself.

Agencies for IPR Registration
United states patent and trademark office :
• The agency charged with granting patents and
registering trademarks is the united states patent
and trademark office (PTO),located in Arlington
virginia.
• It was found more than 200 Years ago with nearly
700 employs.
• It has a website, provides information regarding
trademarks ,patents,fee schedule and forms

• PTO was led by under secretary of commerce for
intellectual property and the director of united
states patents and trademark office who is
appointed by the president
• U.S patents issued its first patent in 1790
• Library of congress established as legislative
library in 1800
• U.S Copy right office has been the part of library
of congress since 1870 and is incharge of
examining approximately6,00,000 Copy right
applications filed each year

• WIPO(188 nations) is one of the 17 specialized
agency of the united nations whose purpose is to
promote intellectual property throughout the
world and administer 26 treaties dealing with
intellectual property
• The predecessor to WIPO was bureaux for the
protection of intellectual property (BIRPI)
• Established in 1970 ,having headquarters in
switzerland

World trade organization (WTO)
• Organized in 1995, located in Geneva,
Switzerland
• Deals with rules of trade among its more than
150 member nations
• Resolves trade disputes and administers various
agreements ,including those related to IP

International trademark
Association(INTA)
• It was composed of trademark owners and
practitioners
• It was formed to protect consumers and
promote fair and effective commerce
• Currently, more than 190 countries belong to
INTA, together with others interested in
promoting trademarks

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