Module 4

Intellectual Property: Definition, Type,

Trademark, Grant of Patent in India, Surrender
and Revocation of Patent, Compulsory
Licensing, Acquisition of Invention by the
Government, Draft Application of Patent
 Intellectual property
IP is a legal concept, which refers to creations of the
mind for which exclusive rights are recognized. Under
IP Law, owners are granted with certain exclusive
rights to a variety of intangible assets such as musical,
literary and artistic works, discoveries and inventions
and designs. It includes copyright, trademarks,
patents, industrial design rights, trade dress and trade
secrets.
 Intellectual Property Rights
• Intellectual Property Rights are the rights given to persons
over the creation of their minds. It usually gives the creator
an exclusive right over the use of his/her talent for a period
of time.
• It is divided into two main areas: Right and Copyright
The rights of authors of literary and artistic works (such as
books and other writings, musical compositions, paintings,
sculpture, Computer programmes and films) are protected by
copyright for a minimum period of 50 years after the death
of the author.
 Industrial Property (Trademark)
• In the context of Industrial Property, Trademark plays an
important role. It distinguishes goods and services of one
undertaking from those of other undertakings. The
property is protected by putting trademarks. The social aim
of it is to primarily stimulate innovation, design and the
creation of technology. It also provides protection for the
development of new technology.
Example: Inventions, Industrial Design
 Trademark/Trade Mark/ Trade-Mark
It is a recognizable sign or design or expression, which identifies
products or services of a particular source from those of others. It is
placed either on a package or on a label or on a voucher or on the
product itself. For the sake of Corporate Identity, Trademarks are also
being displayed on the company buildings.

Logo: Logo is a graphical element, it can be a symbol/emblem/ icon/

sign/ image. It forms the trademark of a commercial brand. It is a
company’s “Economic Entity”.
Often they are used interchangeably. Ex: Volkswagen, Tata Motors
Also known as “Service Mark” (TM/SM)
 Logo and Trademark
Logo: It is always a graphic mark/
emblem composed of the first
letter of each word (acronym).
It is not always registered.
It has a visual element.
(Registration of TM is done in
Delhi, Kolkata, Chennai, Mumbai
and Ahmedabad)
Trademark: It is always a
distinctive sign or indicator.
Logo becomes a trademark when
it is registered. Registration is a
must for protection/ security
reasons.
Registration Document of TM
TM of Pidilite Logo of Fevicol

• Logo
 Patent and Grant of Patent
It is a set of exclusive rights granted by the state to an inventor for a
limited period of time. It is a form of intellectual property.

Grant of Patent: (Started in the US first) It is granted to an inventor by

the Government. The objective of it is to exclude others from
making/selling/using the “invented object”.
The patent office in India is administered by the Controller General of
Patents, Design and Trademarks. (CGPDTM)
 Patent Grant Document
A Patent Grant Document contains Patent Number,
Title, Inventor’s name, Filing Date, Prior Publication
Date, References Cited, Examiner, Abstract,
Specification, Claims, Drawings and its relevant
application.
 Surrender/ Revocation of Patent
Patent can be cancelled by two ways:
a. Surrender of the patent by patentee. He has the
discretion to surrender the patent.
b. Revocation of the Patent by the Government. It is
done on failing to comply with the criteria set by
the government.
 Example of Revocation

The “Tarceva” Patent Case: Roche filed a case

against Cipla in Feb, 2007 for using the patent in
the drugs manufactured by Cipla without taking
permission. Roche’s Patent no is IN774. Legally it
is called “infringement”.