INTELLECTUAL PROPERTY RIGHTS

1. INTELLECTUAL PROPERY RIGHTS(IPRs) – GE8075
By
VenkateshkannaT. / AP

2. INTRODUCTION
• Technological advances since the advent of science
continue to shape human life.
• Property has always been considered as essential for
the proper development of personality.
• But it is not a static concept.
• It has evolved in over time in a dynamic and flexible
concept.
• It has been constructed in diverse manners across
societies.
• Property is not a relationship between people and
things rather than it is a relationship between people
with regards to things.

3. INTRODUCTION
• There are three distinct types of property that
that individuals and companies can own.
• REAL PROPERTY: Real property refers to land or real
estate.
• PERSONAL PROPERTY: Personal property refers to
specific items and things that can be identified, jewelry,
cars and stock.
• INTELLECTUAL PROPERTY: Intellectual property
refers to the fruits or products of human creativity,
Including literature, advertising, slogans, songs or new
inventions.

84. Important Examples of IPR
• Four of the Most famous Intellectual Property.
– Napster’s Software:
• Peer to Peer Music file sharing company no longer exits
• Which allowed twenty million users to freely share MP3 files of
favourite Music online.
– Chewy Vuitton:
• The comedy designers had released a line of parody products.
• The products were adequately differentiated and unique
– Barbie Doll vs Toy Doll:
• Mattel Inc creators of he Barbie doll won a huge case
against rival toy doll maker.
• The designs were simply too similar featuring
disproportionately large heads and slim bodies.

85. Important Examples of IPR
– Naruto vs David Slater:
• Naruto, a curious macaques monkey in Indonesia picked up
nature photographer.
• David slater’s copyright infringement claim against those who
had copied or downloaded the photo from his online posts
was rejected.
• The court ruling that Mr. Slater did indeed own the camera,
but not the photo.
– Indias Top 10 IP cases:
• Bayer corporation vs Union of India
• Patel field Marshal agencies ltd vs PM diesel Ltd.
• Kent RO systems ltd & Amit kotak & ors
• Thiyagarajan kumara raja vs M/S capital film works
• Paramount surgimed and Paramount Bed india ltd.

86. Important Examples of IPR
• Neetu singh vs Rajiv saumitra
• Dashrath B. vs Fox stars studios India pvt ltd.
• Anil kapoor film co ltd, vs Make my day Entertainment ltd.

87. Registration of IPR

88. Registration of IPR
• According to WIPO, intellectual property refers to the
creations of mind: Inventions.
• Industrial property which includes patents for inventions,
industrial designs, trademarks and geographical indications.
• Copyrights which works literary works(Novels, poems, etc.)
movies, music, other artistic works.
• Patent implies a new product or process capable of industrial
applications.
• An industrial design refers to the ornamental aesthetic
aspects of an article.
• Trademarks or word marks are distinctive or unique sign or
mark that identifies that a product or service belongs to
entity.

89. Steps involved in making a Registration of
copyright
• Application in triplicate with prescribed fees.
• Application to serve notice of his application.
• If the registrar receives no objection for registration
within 30 days of receipt of application and satisfied
about the correctness of particulars.
• Any person aggrieved by the decision or order of
registrar of copyright, may within three months from
the date of order.

90. Procedure of Registration of Trademark in India

91. Time for Processing Application
• First 30 days are the cooling period, during this
period if any one wants to make an objection.
• If no one Objection than it goes in the process of
scrutiny.
• If any error or suspicion it will get in to objection.
• A permanent copyright Registration number will be
assigned.
• After six months the Certificate will be distributed via
Indian Postal.

92. Copy right Certificate issued By
Government of India
• The certificate of registration under the
copyright Act will only prima facie show that
the particulars.
• The original work on which skill and labour
has been expanded by its author is produced
in court.
• It cannot be said that there is copyright in the
work.

93. • Scope and Extend of Copyright Registration:
The scope and Extend of copyright registration has
made the validity of certificate over 177 Months.
• Process to get copyright of a song:
– A song contains a Bundle of Additional copyrights
involved.(Musicians, Lyricist, Singer, Sound
recorder, Composer and producer in Most cases).
– NOC from each has to be obtained, only then can
a song be copyrighted.
– Even if a single one of those involved rejects to
give NOC copyright registration for a song will fail.

94. • Protection of copyright in film, Script, Translation
and Dubbing.
– A Script is a written text of a movie.
– The screenplay through there is an element of
overlapping.
– The Dubbing is different from Translation.
– A film with a sound track with dubbing is meant to
provide a film with a sound track with different
language from the original.
– A copyright of cinematograph film shall not affect
the separate copyright of a work.

95. GEOGRAPHICAL INDICATIONS
• In December 1999, the parliament had passed the
geographical indications of Goods Act1999.
• The Act would be administered by the controller General of
Patents.
• The geographical indications registry would be located at
Chennai at September 2003.
• Registration affords better legal protection to facilitate an
action for infringement.
• The registered proprietor and authorized users can initiate
infringement actions.
• A geographical indication is a public property belonging to
the producers of the concerned goods.

96. Benefits of Registration of GI
• It confers legal protection to GI in India.
• Prevents unauthorized use of Registered GI
• Provides legal protection to Indian GI which inturn boost
exports.
• It promotes economic prosperity of producers of Goods.
APPLICANTS FOR THE REGISTRATION OF GI:
• Any association of persons, producers, organizations, or
authority.
• The applicant must represent the interest of the producers.
• The applications should be in writhing in the prescribed
form.

97. • An Authorized Users of GI:
A producer of goods can apply for registration as an
authorized user.
It must be respect of a registered GI
Should apply in writing in the Prescribed form along
with Prescribed fees.
• Producer in Relation to a GI:
The patent dealing with 3 categories of GOODS
1.Agricultural goods includes production, processing,
trading or dealing.
2.Natural goods includes exploiting, trading or dealing.
3.Handicrafts and industrial goods includes, Making,
manufacturing, trading or dealing.

98. • TRADE SECRETS:
– Trade secret is a type of Intellectual property in the
form of formula, Practice, process, design,
instrument, pattern, commercial method, or
compilation of information.
– A Trade secrets is Information that
• Is not generally known to the public.
• Confers economic benefit on its holder because the
information is not publicly known.
• Where the holder makes efforts to maintain its secrecy.

99. Types of Trade secrets
• The ingredients used in the Product
• Way of manufacturing
• Way of selling and distribution.
• Advertising Strategies.