• It is a legal concept which refers to creations of
the mind for which exclusive rights are
• owners are granted certain exclusive rights to a
variety of intangible assets, such as musical,
literary, and artistic works; discoveries and
inventions; and words, phrases, symbols, and
• merging of IPRs over different regions,in 1994
world trade organization(WTO) agreements on
TRADE-RELATED aspects of IPR(TRIPs).
• Promote progress.
• By exchanging limited exclusive rights for disclosure of
inventions and creative works, society and the
patentee/copyright owner mutually benefit, and an
incentive is created for inventors and authors to create
and disclose their work.
• If some intellectual property is desirable because it
encourages innovation, they reason, more is better. The
thinking is that creators will not have sufficient
incentive to invent unless they are legally entitled to
capture the full social value of their inventions. This
absolute protection or full value view treats intellectual
property as another type of 'real' property, typically
adopting its law and rhetoric.
Industrial Design Rights
Types of IPR
Trade Marks Act, 1999
• A trademark , is
recognizable sign, design or expression which
identifies products or services of a particular
source from those of others.
• The trademark owner can be an
individual, business organization, or any legal
• A trademark may be located on a package,
a label, a voucher or on the product itself.
• The unauthorised usage of trademarks by
producing and trading counterfeit consumer
goods is known as BRAND PIRACY.
. The usage of trademarks by its
owner can cause legal issues if this usage makes
him guilty of false advertising or if the
trademark is offensive
• Trademarks can be owned, but also licensed.
Licences can be bought from trademark owners
and brokers such as McDonalds, kfc, etc…..
• A trademark may be designated by the
• ™ (the "trademark symbol", which is the
letters "TM", for an unregistered trade mark,
a mark used to promote or brand goods)
• ℠ (which is the letters "SM" in superscript,
for an unregistered service mark, a mark
used to promote or brand services)
• ® (the letter "R" surrounded by a circle, for a
(The Patents Act, 1970)
• It consists of a set of exclusive rights granted by
a sovereign state to an inventor or their assignee
for a limited period of time, in exchange for the
public disclosure of the invention.
• The word patent originates from the Latin patere,
which means "to lay open" (i.e., to make available
for public inspection).
• patents should be available in WTO member
states for any invention, in all fields of
technology, and the term of protection available
should be a minimum of twenty years
• The procedure for granting patents, a patent application must
include one or more claims that define the invention. These
claims must meet relevant patentability requirements, such
as novelty and non-obviousness.
• There are variations on what is patentable subject matter
from country to country.
Industrial design rights
(New Designs Act, 2000)
• An industrial design right is an intellectual property right that
protects the visual design of objects that are not purely utilitarian.
• An industrial design consists of the creation of a shape,
configuration or composition of pattern or colour, or combination
of pattern and colour in three dimensional form containing
• An industrial design can be a two- or three-dimensional pattern
used to produce a product, industrial commodity or handicraft.
• Registration of rights gives the following rights
– Right to exclusive use of the design
– Right to protect the design from piracy
– Usage of rights even against the Government
A formula, practice,
attern or compilation of
information which is not generally
known ,by which a business can
obtain an economic advantage
over competitors or customers.
• is not generally known to the public.
• confers some sort of economic benefit on its
holder (where this benefit must
derive specifically from its not being
generally known, not just from the value of
the information itself).
• is the subject of reasonable efforts to
maintain its secrecy.
• It provides the legal means for interested
parties to prevent the use of any means in
designation or presentation of a good that
indicates or suggests that the good in question
originates in a geographical area other than
the true place of origin in a manner which
misleads the public as to the geographical
origin of the good.
• One critics of intellectual property, such as those in the free
culture movement point at intellectual monopolies as harming
health (in the case of pharmaceutical patents),
• preventing progress
• benefiting concentrated interests to the detriment of the masses .
• the public interest is harmed by ever expansive monopolies in the
business method patents.
• More recently scientists and engineers are expressing concern
that patent thickets are undermining technological development
even in high-tech fields such as nanotechnology.
• socially valuable goods like life-saving
medicines and genetically modified seeds
that are given IP protection.