INTELLECTUAL PROPERTY RIGHTS

Contents
 Introduction
 Patents
 PVP
 Geographical Indications
 Traditional Knowledge
 Copy Rights
 Trade Marks
 Trade Secrets
 Industrial Designs
 Conclusion
IPR
 IPR is a lawful right of an ownership of the property created through his intellect.
 Includes
Literary
Artistic works
Symbols
Names
Images and
designs
 For economic growth.
 IP
 Refers to the protection of creations of the mind, which have both a moral and a
commercial value.
 GATT
 General Agreement on Tariffs and Trade
- To regulate trade
- Reduction of barriers to international trade
- To attain early tariff reductions
 WIPO
 World Intellectual Property Organisation
- Is the specialized agencies of the united nations(1967)
- To encourage creative activity
- To promote the protection of IP
What Are IP Rights
 Protecting different aspects of an inventive work
 Outlined in Article 27 of the Universal Declaration of Human Rights.
 IPR are largely territorial rights except copyright, which is global in
nature.
 This can be assigned, gifted, sold and licensed like any other
property.
Patent
 It is an exclusive monopoly granted by the government to an inventor over his
invention for limited period of time.
 It protects inventions, which is new, non-obvious and has industrial applicability.
 Types of Patents
- Utility
- Plant
- Design
Objectives
 To encourage and develop new technology
 It encourage research and invention
 Offers reward
Advantages
 Provides incentives to monetary reward
 Right to use the patent
 Grant licences
 Prevent others from copying
Invention patentable if........
 NEW
 USEFUL
 NOT OBVIOUS
 PERTAINS TO PATENTABLE SUBJECT MATTER UNLESS
 GRANT OF PATENT IS NOT BARRED
PVP
 IPR granted to the breeder of a new variety of plant.
 India being signatory, to the TRIPs agreement of the WTO had
agreed to provide protection to plant varieties.
 The Protection of Plant Varieties And Farmers Rights Act (PPV&FR)
in 2001.
Objective
 Protect the rights of farmers, plant breeders
 Encourage the development of new varieties
Geographical Indications
 A sign used on goods that have a specific geographical origin and possess
qualities or a reputation due to that place of origin.
 It is an indication originates from a definite geographical territory.
 Used to identify agricultural, natural or manufactured goods.
 GI Registry would be located at Chennai
 Promotes economic prosperity
 Provides legal protection
India’s registered GIs
 Darjeeling Tea
 Mysore Silk
Traditional Knowledge
 Refers to the matured long-standing traditions and practices of certain regional,
indigenous, or local communities.
 TK has been orally passed for generations from person to persons.
Some forms of TK
- Stories
- Legends
- Folklore
- Rituals
- Songs and
- Laws
 CBD
 To develop measures for the use and protection of traditional knowledge
Copyrights
 An exclusive right to do or authorize others do certain acts in relation to:
 Original literary
 Dramatic
 Musical and artistic works
 Cinematograph film
 Sound recording
 Protecting and rewarding creativity
 Protects skill, labour, writer and author from the unlawful reproduction,
plagiarism, piracy, copying and imitation.
Trademarks
 A mark capable of distinguishing the goods or services of one person from those of
others.
 Represented graphically typically a name, word, phrase, logo, symbol.
 Service marks
 Trade marks
 Sound trademarks
 Certification mark etc.

Objectives
 Protects the public from confusion and deception
 Protects the trademark owner’s trade and business
 Trade mark registries are located at Mumbai, Delhi, Kolkata, Ahmedabad and
Chennai.
Industrial Designs
 The ornamental or aesthetic aspects of an article which may consist of 3D
or 2D features, such as shape or surface, patterns, lines or color.
 It makes an article attractive and appealing; hence, they add to the
commercial value of a product and increase its marketability.
 Any technical features of the article not protected by it.
 Applicants can file a single international application either with WIPO or
the national or regional office of a country party to the treaty.
 The design should be new or original, not previously published or used in
any country before Registration.
 Total term of a registered design is 10 years + 5 years Extended Period.
Trade Secret
 It is a formula, practice, process, design, instrument, pattern, or
information used by a business to obtain an advantage over
competitors within the same industry or profession.
 Secrets are referred to as confidential information.
 Provide protection to persons / institutions on information,
 Protected against third party misappropriation
Conclusion
 Intellectual property rights reward creativity and human endeavor,
which fuel the progress of humankind.
 Understanding the country’s IP Rights and following the best
practices can drastically reduce the risk of losing the company’s
intellectual property.
 Indian government has initiated various steps towards Intellectual
Properties Rights Protection.