The document discusses the history and development of intellectual property (IP) rights and international institutions governing IP. It traces the evolution from the Bretton Woods Conference in 1944 establishing institutions for international trade and finance, to the World Trade Organization (WTO) being formed in 1995 which established the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) setting minimum global standards for IP regulations. It then defines different types of IP including patents, trademarks, designs, geographical indications, and copyrights. Finally, it provides more details on patent requirements and categories of patents.

1. Dr. Sanchita Tewari (Patent
Agent)
Mr. Prabhakar Sharma
(Researcher)
THIRD-IP Intellectual Property
Services, Pune

2.  Second World War-1939-1945
 Need for Trade And Payment
 Bretton Woods Conference (International
institution, International bank, and
International financial cooperation)->ITO->UN
 Havana Charter-> Multilateral Trade->X
 UN->GATT->23 nations,1947, 1948

3.  Eighth Round -> Marrakesh Treaty->WTO(1995)
 TRIPS->Minimum Standards for IPR regulations
 Paris Convention (1883), Berne Convention
(1886)
 WIPO (1967) self funded->89 members ->UN
 IPR Services, Policy, Information, Cooperation
 TRIPS PLUS, DOHA Agreement

4.  Creation of mind or intellect.
 Inventions
 Designs
 Marks, symbol, names, images
 Literary and artistic work

5. IP is divided into 2 main categories-
● Industrial Property
● Copyrights

6.  Inventions – Patents
 Marks Symbols – Trademarks
 Outer decoration and ornamental –
Designs
 Goods that have specific properties
due to their place of origin –
Geographical Indications

7.  Literary works – Novel, Poems, Plays
 Artistic work – Movies, music
 Drawings
 Paintings
 Sculptures

9.  Patentability ?
 An invention is patentable if
 It is novel
 It involves inventive step
 Has industrial application
 Patentable subject matter

10.  Inventive step – non obvious to PHOSITA , in light of prior publication, knowledge or
document
 Involves technical advance as compared to existing knowledge or having economic
significance or both which makes it not obvious to the person skilled in the art
 Section –
 Supreme court
 Tests to determine the inventive step
 M/s. Bishwanath Prasad Radhey Shyam v. M/s. Hindustan Metel Industries
 appellant and respondent were both firms carrying on the business of manufacturing
utensils at Mirzapur
 IN4636851
 Must not be natural suggestion of what was known previously
 “this gives me what I want?”
 Obvious to skilled worker in concerned field
 http://www.sciencepub.net/newyork/ny0704/003_23829ny070414_14_18.pdf

11.  Invention should be capable of being made
or used in an industry to result some tangible
technical results

12. A Trade Mark is a mark, adopted for distinguishing,
in the course of trade, the goods or services of one
person from those of others.
 A trademark may be-
 Word
 Device/picture
 Label
 Logo
 Name
 Signature
 Letters
 Numerals
 Shape of the Goods
 Combination of Colours

13. A category of IPR which focuses on the aesthetic
feature of an article derived from its visual
appearance.
Relevant aspects are :
 shape,
 configuration,
 surface pattern, the
 colour or line or a combination thereof
 as applied to an article which produces an
aesthetic
 impression on the sense of sight.

14.  Geographical Indication of Goods (Registration &
 Protection) Act, 1999, came into force since 15-09-2003
 An Act provide for the registration and better protection of
geographical indication relating to goods.
 Identify a product having particular Qualities, reputation
which is originating from a specific Geographical region.
 Business tool – Brand creation
 A geographical indication is a sign used on goods that have a
specific geographical origin and possess qualities or a
reputation that are due to that place of origin.

15.  THE FIRST GI
 Darjeeling tea is India’s first registered GI
 Registered in 2004
 The Tea Board is the registered proprietor
 Example of GI
 Jaipur Blue
 Blue Pottery of Jaipur India
 Kota Doria
 Darjeeling tea,
 Basmati Rice,
 Bikaner Bhujia,
 Alphanso Mango,
 Nagpur Orange

16. Traditional knowledge (TK) is
knowledge, know-how, skills and
practices that are developed,
sustained and passed on from
generation to generation within a
community, often forming part of
its cultural or spiritual identity.

18.  UTILITY PATENTS
 DESIGN PATENTS
 PLANT PATENTS

19.  Patentable subject matter (section 101)
 Process, machine, manufacture,
composition, new and useful improvement
 Novel (section 102)
 Non- obvious (section 103)
USPTO PATENTABILITY
ELIGIBILITY FOR GRANT

20.  UTILITY
 NOVELTY
 NONOBVIOUSNESS

21. Disclaimer
The information given in this slides are authors on views and includes
compilation from genuine sources, these slides are for knowledge and
information purpose only