This document discusses various aspects of intellectual property rights including patents, designs, trademarks, copyright, geographical indications, and more. It provides examples and explanations of how each type of intellectual property can be obtained for different products. The key types of intellectual property rights are patents, designs, trademarks, and copyright, and the document explains how each can be applied to examples like a camera, CD player, and pressure cooker. It also discusses relevant legislation and regulations in India governing intellectual property.

1. Intellectual property
INDUSTRIAL PROPERTY + COPY RIGHT
PATENTS DESIGNS TRADEMARKS
Patents
&
Designs
Patent Information
Trade Marks
Copy Right
Geographical Indications
Geographical Indications

2. FOR MOST PRODUCTS EVERY FORM OF
INTELLECTUAL PROPERTY RIGHTS
CAN BE OBTAINED
CAMERA
“PATENT”  For every individual improved mechanism
“DESIGN”  For outer shape & Contour / Configuration
“TRADE MARK” Brand name or Logo for goods denoted as ®
“Copy right” For Instruction / manual booklet denoted as ©

3. CD PLAYER
Industrial design
protection for 3D
shape
Brand name-
registered under
trademark
Music played on the
CD player is
protected by
copyright
Various
technical parts
& mechanisms
are subject
mater of
protection
under Patents

4. FOR MOST PRODUCTS EVERY FORM OF
INTELLECTUAL PROPERTY RIGHTS
CAN BE OBTAINED
 Pressure Cooker
“PATENT”  For every individual improved mechanism
“DESIGN”  For outer shape & Contour / Configuration
“TRADE MARK” Brand name or Logo for goods denoted as ®
“Copy right” For Instruction / manual booklet denoted as ©

5. Legislative Measures
• The Patents Act, 1970
• Product Patent
• Patent Term of 20 years
• Public Health Safeguards
• The Trade Marks Act, 1999
• Service Marks and Collective Marks
• Term increased from 7 years to 10
years

6. Legislative Measures
• The Designs Act, 2000
• The GI Act, 1999
• The Copyrights Act, 1957
• The Bio-Diversity Act, 2001
• The Layouts and Integrated
Circuits Act

7. Industrial Designs
• The protection you receive is only for
the appearance of the article and not
how it works.
• Design registration is intended to
protect designs which have an
industrial or commercial use.
• Duration of protection is initially for
10 years and extendable for another
term of 5 years.
• Designs of stamps, labels, tokens, cards,
cartoons, or parts of an article not sold
separately, cannot be registered.
• Electrical JUG

8. TRADEMARKS
• A trade mark is any sign which can distinguish the goods
of one trader from those of another. Sign includes, words,
logos, pictures, or a combination of these.
•To register a trade mark , the mark must be:-
•distinctive, and, not deceptive, or contrary to law or
morality, and, not identical or similar to any earlier marks for
the same or similar goods.
•A trade mark is used as a marketing tool so that customers
can recognize the product of a particular trader.
SONY OLYMPUS

9. How to select a Trade Mark ?
1. A word, letter or any combination thereof and simple in design.
2. If it is a word it should be easy to speak, spell and remember.
3. The ideal word for a trade mark is an invented or coined word
4. Words which are laudatory or which directly describes the
character or quality of the goods should not be adopted.
5. Geographical names connected with the reputation or quality of
the goods for which registration is sought should not be adopted.
Are all Trade Marks registrable ?
Not possible to register a mark which is confusing with a trade
mark of another trader or a trade mark which describes the
character or quality of the goods. The mark should not conflict with
a trade mark already registered or pending registration in respect of
similar goods.
TRADEMARKS

10. What is GIR
•An indication used to identify agricultural, natural or manufactured goods
originating from a definite territory in India.
•It should have a special quality or characteristics or reputation based upon
the climatic or production characteristics unique to the geographical location.
•Examples of Geographical Indications in India are Darjeeling Tea,
Kanchipuram Silk Saree, Alphonso Mango, Nagpur Orange, Kolhapuri Chappal,
Bikaneri Bhujia, etc.
•Any association of persons, producers, organization established by or under
the law can apply representing & protecting the interests of the producers.
•The registration of a Geographical Indication is for a period of ten years.
•Renewal is possible for further periods of 10 years each.
•A trade mark is a sign which is used in the course of trade and it
distinguishes goods or services of one enterprise from those of other
enterprises. Whereas a Geographical Indication is used to identify goods
having special characteristics originating from a definite geographical
territory.

11. • TRIPS provisions- For reciprocal protection ;protection in the
country of origin is must.
• India did not have such protection with regard to Geographical
indication.
• Result – cases like Turmeric, Neem and Basmati.
• To cover up such situation – Geographical Indication of Goods
(Registration and Protection) Act 1999 , passed.
• The salient features are:-
a) Maintenance of register of G.I in two parts – Part A & Part B through
computer.
b) Prohibition of registration of certain geographical indications.
c) Taking infringement action – by registered proprietor / registered user.
d) Prohibition of assignment etc. – being public property.
e) Prohibition of registration of G.I as Trade Mark.
f) Appeal against Registrar’s decision to IP Board established under the Trade
Mark legislation.

12. Law of Patents
•Protection part
•Enforcement part

13. Protection Part
•Criteria for Patentability
–New & useful
–Non-obvious
–Capable of Industrial Applications
•Patents Act specifies
–What are not inventions?
–What are not patentable inventions?
•How to get that monopoly right?

14. Enforcement part
• Opposition proceedings
• Licensing provisions
• Infringements suit provisions

15. What Does Patent System Do ?
It encourages RESEARCH.
Induces an inventor to disclose his inventions
instead of keeping them as secret.
Provides inducement for capital investment
encouraging technological development.
It encourages establishment of new industries.

16. Advantages Of A Patent To
The Public
•KNOWLEDGE OF INVENTION ADDS TO
SCIENTIFIC BACKGROUND FORMING
BASE FOR FURTHER RESEACH
•REASONABLE ASSURANCE FOR
COMMERCIALIZATION
•PATENT- OPEN TO PUBLIC FOR USE
–AFTER ITS TERM EXPIRES
OR
–WHEN IT CEASES TO BE IN FORCE

17. A patent is a Monopoly Right granted
•For an invention
•By the government
•To the inventor or his assignee
•For a limited period
•It is valid within the country of grant

18. Patents Not Only For
Major Technological
Breakthrough
Such As
Ring – pull for cans of beverages
But even for any small ‘ incremental ’ inventions
•INDIVIDUALS OR Companies-normally do not
clearly recognize the TRUE MARKET VALUE for a
particular INVENTION
e.g. Anti theft device for motor cars-wheel clamp
Tetra pack style of cartons for milk & fruit juice

19. Protection Of Intellectual Property In India
(Patents, Designs, Trade Marks & Copyrights)
Sr.JOINT
CONTROLLER
OF PATENTS
AND DESIGNS
JOINT
REGISTAR OF
TRADEMARKS
MINISTRY OF COMMERCE
AND INDUSTRY
MINISTRY OF HUMAN RESOURSE
DEVELOPMENT
DEPT. OF INDUSTRIAL
POLICY & PROMOTION
DEPT. OF EDUCATION
CONTROLLER GENERAL OF
PATENTS, DESIGNS & TRADE MARKS
PATENT
OFFICE
TRADE MARKS
REGISTRY
COPYRIGHT OFFICE
REGISTAR OF
COPYRIGHT
GIR

20. Patent Grant Procedure (In Brief)
Filing of PATENT APPLICATION
EXAMINATION & NOVELTY SEARCH
ACCEPTANCE OR REFUSAL
NOTIFICATION OF “ACCEPTANCE”
IN THE GAZETTE OF INDIA (part III section 2)
OPPOSITION (if any)
GRANT OF A PATENT

22. Patents –Economic Development
Patent system works
--to facilitate Technology transfer ( sony Corpn. By patent license
from “WE” patent holder on Transistor)
--as stimulants of R&D at Universities & Research Centres
Optical mirror technology of MIT;stem cell licensing
Wisconsin university
--as catalysts of new technologies & new business (Azithromycin)

23. Licensing activity
Licensing is very helpful to small company
while dealing with bigger company having
leverage in negotiations.
Licensing IP can be tremendously
profitable
IBM 1.7 billion US $
Texas Instruments 500 million US$
Stanford university 36.9 million US$

24. Overview of
Trade Related Aspects of Intellectual Property
Rights (TRIPS) Agreement

25. Outline
 Introduction
 Basic principles of TRIPS
 Types of Intellectual Property Rights (addressed in the
TRIPS agreement)
 Overview of the TRIPS agreement
 Institutional arrangements
 Public policy implications
 Provisions relating to developing countries
 Conclusion

26. Introduction
 Brief history of Intellectual Property Rights (IPRs)
 Intellectual property rights are the rights given to
persons over the creations of their minds. They usually
give the creator an exclusive right over the use of
his/her creation for a certain period of time
 Linkage between Intellectual Property (IP) and trade:
broadly through following two premises:
(I) Widespread piracy, counterfeiting and infringements
of intellectual property rights constituted a barrier to
trade
(II) IPRs transfer agreements

27. Objectives
 To reduce distortions and impediments to international
trade and take into account the need to promote competent
as well as adequate protection of IPRs
 To ensure that measures and procedures to enforce IPRs do
not themselves become barriers to legitimate trade
 To reduce tensions by reaching strengthened commitment
to resolve disputes on trade-related IP issues through
multilateral procedures
 To establish a mutually supportive relationship between
the World Trade Organisation (WTO) and World
Intellectual Property Organisation (WIPO)

28. Basic principles: national treatment, MFN and
balanced protection
Non-discrimination features prominently in TRIPS, similar
to GATT and GATS,by following principles of:
 National Treatment (Article 3): Equal treatment for foreign
and domestic individuals and companies
 Most Favoured Nation (Article 4): Equal treatment for
nationals of all trading partners in the WTO
 TRIPS Agreement has additional important principle:
Intellectual property protection should contribute to
technical innovation and transfer of technology

29. Relationship between TRIPS agreement and
other IP treaties
 Respects the standards and complies with the multilateral
conventions administered by WIPO
 Incorporation of explicit provision of various conventions
in WIPO into TRIPS agreement allows WTO panels to
interpret them

30. Acquisition and maintenance of IP
 Member countries must create office and operate
governmental offices for the acquisition and maintenance
of IPRs
 Procedures for granting and registration of IPR must be
reasonable
 Member country's law must provide for opposition,
revocation and cancellation
 Member country may adopt measures to protect public
health and the public interest

31. Types of IPRs:
Copyright and related rights
 Copyright grants exclusive rights to the creator of
original scientific, artistic and literary works
 ‘Original’ is key in defining a work that qualifies for
copyright protection
 The term of protection
 Countries to confine limitations or exceptions to
exclusive rights to certain special cases which do not
conflict with exploitation of the work and not prejudicial
to right holder

32. Trademark
 Trademark protects any word, name, logo or device used
to identify, distinguish or indicate the source of goods or
services
 Includes trade dress (the total image and overall
appearance of a product) and product configuration (the
shape if non functional)
 The purpose is to safeguard the integrity of products and
to prevent product confusion and unfair competition
 The term of protection (initial registration and each
renewal of registration of a trademark shall be for a term
of no less than 7 years)

33. Geographical Indications (GIs)
 GIs are denominations that identify a good as originating
in a region or locality, where the reputation and quality of
good is essentially attributable to its geographical origin
(for example: Darjeeling tea of India)
 TRIPS prohibits the use of GIs in such a way as to cause
deception and provides for injunctive relief, refusal of
trademark registration, etc
 Exceptions such as Countries are not obliged to bring a
geographical indication under protection, where it has
become a generic term for describing the product in
question
 The term of protection

34. Industrial designs
 Protects the artistic aspect (namely, texture, pattern,
shape) of an object instead of the technical features
 The term of protection (amount to at least 10 years)
 ‘Amount to’ allow the term to be divided into two
periods (for example two periods of five years)
 The third party is prohibited from making, selling or
importing articles bearing a design which is a copy of the
protected design, when such acts are undertaken for
commercial purposes
 Exception: optional mandate, if introduced then such
exceptions do not unreasonably conflict with the normal
exploitation of protected industrial designs and do not
unreasonably prejudice the legitimate interests of the
owner of the protected design

35. Patents
 The TRIPS Agreement requires Member countries to
make patents available for any inventions, whether
products or processes, in all fields of technology without
discrimination, subject to novelty, inventiveness and
industrial applicability
 Invention to be novel,useful and non-obvious
The agreement allows countries to exclude inventions
from patentability on following grounds:
 Inventions necessary ‘to protect ordre public or
morality; including to protect human, animal or plant life
or health or to avoid serious prejudice to the
environment…’

36. Continued..
 Diagnostic, therapeutic and surgical methods for the
treatment of humans or animals
 Plants and animals other than micro-organisms and
essentially biological processes for the production of
plants or animals other than non-biological and
microbiological processes
 Limited Exceptions
 Compulsory Licensing
 The term of protection (for a period of 20 years counted
from the filing date)

37. Layout-designs of integrated circuits and trade
secrets
 It refers to mask works (topographies) of the integrated
circuits, the stencils used to etch or encode an electrical
circuit on a semiconductor chip
 Protection conferred to “original” layout-
design/topographies
 Exclusive rights include the right of reproduction and the
right of importation, sale and other distribution for
commercial purposes
 The term of protection (ten years form the date of first
commercial exploitation)

38. Protection of undisclosed information
 The protection must apply to information that is secret, that
has commercial value because it is secret and that has been
subject to reasonable steps to keep it secret
 Trade secrets consist of formulae, patterns, process or
compilation of information. (for example the formula for a
sports drink)
 In most countries, they are not subject to registration but
are protected through laws against unfair competition

39. Exhaustion of IPR
Two main competing theories:
 Universal or international exhaustion theory: An IPR
holder’s right are exhausted on the first sale of the
protected product anywhere in the world
 Domestic or territorial exhaustion theory: The right
holder’s IP are not exhausted until after the first sale of the
product in the territory in which he holds the rights
 The resolution of exhaustion issues is left to national laws
and there are are no international or customary law norms
in this area

40. Main feature of the agreement
 Standards: The agreement expresses minimum standards of
protection
(I) The subject matter to be protected
(II) The rights to be conferred and permissible exceptions
(III) The minimum period of protection
 Enforcement
(I) Provisions for domestic procedure and remedies for the
enforcement of the IPRs
(II) Includes general principle applicable to IPR enforcement
procedure apart from administrative, civil and criminal
procedure available for enforcement of rights of the right
holder
 Dispute settlement: The agreement further provides for the
settlement of disputes over IPR among the member states within the
parameters of dispute settlement procedure

41. Institutional arrangements
 Council for Trade Related Aspects of Intellectual Property
Rights (TRIPS)
 Dispute Settlement Body (DSB)
 Current Negotiations in special sessions (SS)

42. Provisions relating to developing countries
 Transitional arrangements
 Developed countries to provide
(I) Incentives for transfer of technology to Least
Developed Countries (LDCs)
(II) Technical assistance and financial support to
developing countries in preparing laws and
regulations on protection and enforcements of IPRs

43. Conclusion
 Highly innovative agreement and remains the most
comprehensive international agreement on intellectual
property till date.
 Overall it has worked well, however, it needs to continue
to implement wide ranging provisions specially when it
touches significant public policy questions

44. Outline
1) What is the PCT?
2) Why use the PCT?
3) Recent and future PCT Developments

45. • Article 19 of the Paris Convention provides for member states to
make “special agreements for the protection of industrial
property” between themselves
• The PCT is one such special agreement
Context for the PCT:
The Paris Convention for the
Protection of Industrial Property

46. Traditional patent systems--based
on the Paris Convention
Local patent application followed within 12 months by multiple foreign
applications claiming priority under Paris Convention:
- multiple formality requirements
- multiple searches
- multiple publications
- multiple examinations and prosecutions of applications
- translations and national fees required at 12 months
Some rationalization: ARIPO, EAPO, EPO, OAPI
12 File
applications
abroad
0
File
application
locally
(months)

47. What is the PCT?
• A mainly procedural international treaty facilitating certain
steps in the process of obtaining patents internationally
• More specifically, the PCT establishes a procedure for the
filing and processing of a single application for a patent which
has legal effect in the countries which are Treaty members
• Simplifies the procedure for obtaining patent protection in
many countries, making it more efficient and economical for:
(1) users of the patent system (applicants and inventors);
and
(2) patent Offices

48. • Only for inventions (not for trademarks, nor industrial
designs)
• The decision on granting patents is made exclusively by
national or regional Offices in the national phase--there is
no “PCT patent” or “World patent”
• Only for inventions (not for trademarks, nor industrial
designs)
• Signed in June 1970, in Washington, D.C., and became
operational in June 1978 with 18 States
• As of 1 March 2007, the PCT has 137 Contracting States
• Administered by WIPO, like Paris Convention.
What is the PCT?

49. (2) Why use the PCT?

50. 1. brings the world within reach
2. postpones the major costs associated with
internationalizing a patent application
3. provides a strong basis for patenting decisions
4. is used by the world’s major corporations, universities and
research institutions when they seek international patent
protection
5. allows you to apply securely and easily online, and to
save money by doing so
Because, as the cornerstone of the international patent
system, it provides a worldwide system for simplified filing
and processing of patent applications, which--
Why use the PCT?

51. Traditional patent system
vs.
PCT system
Fees for:
--translations
--Office fees
--local agents
0 12
File local
application
File
applications
abroad
(months)
Traditional
(months)
File PCT
application
12 30
International
search report &
written opinion
16 18
International
publication
(optional)
File
demand for
International
preliminary
examination
File local
application
Enter
national
phase
22 28
(optional)
International
preliminary
report on
patentability
PCT 0
Fees for:
--translations
--Office fees
--local agents
Why use the PCT?

52. (3) Recent and future PCT
developments

53. Effective April 2007:
• restoration of the right of priority
• applications filed with parts missing
• rectification of obvious mistakes
• addition of patent documents of the Republic of Korea
(KR) to the PCT minimum documentation
April 1, 2007 Amendments to the PCT Regulations

54. Recent PCT Reform WG meeting
• Working Group on PCT Reform--April 23-27,
2007
– International publication in multiple languages
– Supplementary international searches
– Use of earlier national search results by Office other
than ISA
– Swiss proposal re disclosure requirements
– Proposed amendments on withdrawals

55. WTO
-The World Trade Organization (WTO) is an international body
whose purpose is to promote free trade by persuading countries to
abolish import tariffs and other barriers.
-Based in Geneva, the WTO was set up in 1995, replacing another
international organisation known as the
General Agreement on Tariffs and Trade (Gatt). Gatt was formed in
1948 when 23 countries signed an
agreement to reduce customs tariffs.
-The highest body of the WTO is the Ministerial Conference. This
meets every two years and, among other things, elects the
organisation's chief executive - the director-general - and oversees the
work of the General Council.

56. Structure
-The WTO’s top level decision-making body is the Ministerial Conference
which meets at least once every two years.
-Below this is the General Council which meets several times a year in the
Geneva headquarters. The General Council also meets as the Trade
Policy Review Body and the Dispute Settlement Body.
-At the next level, the Goods Council, Services Council and Intellectual
Property (TRIPS) Council report to the General Council.
-Numerous specialized committees, working groups and working parties
deal with the individual agreements and other areas such as the
environment, development, membership applications and regional
trade agreements.

57. Secretariat
-The WTO Secretariat, based in Geneva, has around 600 staff and is headed
by a director-general.
-The Secretariat’s main duties are to supply technical support for the
various councils and committees and the ministerial conferences, to provide
technical assistance for developing countries, to analyze world trade, and to
explain WTO affairs to the public and media.
The Ministerial Conference
-The Ministerial Conference can take decisions on all matters under any of
the multilateral trade agreements.
-ministerial conferences is handled by three bodies:The General Council,
The Dispute Settlement Body and Trade Policy Review Body.

58. Councils for each broad area of trade
• The Council for Trade in Goods (Goods Council)
• The Council for Trade in Services (Services Council)
• The Council for Trade-Related Aspects of Intellectual Property
Rights (TRIPS Council)

59. Principles of working
1. Non-Discrimination: It has two major components: the most favoured nation
(MFN) rule, and the national treatment policy.
-The MFN rule requires that a WTO member must apply the same conditions on
all trade with other WTO members, i.e. a WTO member has to grant the most
favorable conditions under which it allows trade in a certain product type to all
other WTO members.2 "Grant someone a special favour and you have to do the
same for all other WTO members.
-National treatment means that imported goods should be treated no less
favorably than domestically-produced goods (at least after the foreign goods have
entered the market) and was introduced to tackle non-tariff barriers to trade (e.g.
technical standards, security standards et al. discriminating against imported
goods).

60. Most-favoured-nation (MFN):
Treating other people equally under the WTO agreements,
countries cannot normally discriminate between their trading
partners. Grant someone a special favour (such as a lower
customs duty rate for one of their products) and you have to do
the same for all other WTO members. This principle is known as
most-favoured-nation(MFN) treatment. It is so important that it is
the first article of the General Agreement on Tariffs and Trade
(GATT), which governs trade in
goods.
National treatment: Treating foreigners and locals equally
Imported and locally-produced goods should be treated equally —
at least after the foreign goods have entered the market. The same
should apply to foreign and domestic services, and to foreign and
local trademarks, copyrights and patents.

61. 2. Reciprocity. It reflects both a desire to limit the scope of free-riding
that may arise because of the MFN rule, and a desire to obtain better
access to foreign markets. A related point is that for a nation to
negotiate, it is necessary that the gain from doing so be greater than
the gain available from unilateral liberalization; reciprocal concessions
intend to ensure that such gains will materialise.
3. Freer Trade Lowering trade barriers is one of the most obvious
means of encouraging trade. The barriers concerned include customs
duties (or tariffs) and measures such as import bans or quotas that
restrict quantities selectively.
4. Binding and enforceable commitments The tariff commitments
made by WTO members in a multilateral trade negotiation and on
accession are enumerated in a list of concessions.These schedules
establish "ceiling bindings": a country can change its bindings, but
only after negotiating with its trading partners, which could mean
compensating them for loss of trade. If satisfaction is not obtained, the
complaining country may invoke the WTO dispute settlement
procedures.

62. 5. Transparency The WTO members are required to publish their trade
regulations, to maintain institutions allowing for the review of
administrative decisions affecting trade, to respond to requests for
information by other members, and to notify changes in trade policies to
the WTO. These internal transparency requirements are supplemented
and facilitated by periodic country-specific reports (trade policy reviews)
through the Trade Policy Review Mechanism (TPRM).
6. Promoting Fair Competition The Many of the other WTO
agreements aim to support fair competition: in agriculture, intellectual
property and services.
7. Safety valves In specific circumstances, governments are able to
restrict trade. There are three types of provisions in this direction:
articles allowing for the use of trade measures to attain noneconomic
objectives; articles aimed at ensuring "fair competition"; and provisions
permitting intervention in trade for economic reasons.

63. 8. Encouraging trade and development The WTO system contributes to
development. On the other hand, developing countries need flexibility in
the time they take to implement the system’s agreements. And the
agreements themselves inherit the earlier provisions of GATT that allow
for special assistance and trade concessions for developing countries.

64. How is the WTO different from GATT ?
• The WTO and its agreements are permanent. As an international organization,
the WTO has a sound legal basis because members have ratified the WTO
agreements.
• The WTO has "members". GATT had "contracting parties", underscoring the
fact that officially GATT was a legal text.
• GATT dealt with trade in goods. The WTO covers services and intellectual
property, as well.
• The WTO dispute settlement system is faster, more automatic than the old
GATT system. Its rulings cannot be blocked.