PRESENTATION

ON

INTELLECTUAL PROPERTY RIGHTS (IPR)

1
 INTELLECTUAL PROPERTY RIGHTS (IPRs)

PROPERTY

Tangible Intangible

Movabl Immovable Intellectual Property

e eg : eg:
Car Building

Industrial Property Related Copyright

Related

Patents, Designs, Trademarks, GIs

2
 INTELLECTUAL PROPERTY RIGHTS (IPRs)

Patents

Trademarks Copy Rights

IPR
Geographical
Industrial Design Indications

 Exclusive rights given to person over the creation of

their minds for certain periods of time
 Legal right
 Intangible potential asset
 Monopoly
 Negative rights i.e., it prevents others to use his/her
creation for a definite time
3
 INTELLECTUAL PROPERTY RIGHTS (IPRs)

The intellectual property rights were essentially recognized

and accepted all over the world due to some very important
reasons.

 To provide an incentive to individuals for new creations

 To accord due recognition to the creators and inventors

 To ensure material reward for intellectual property

 To make available genuine and original products.

4
 VARIOUS KINDS OF IPRS

Patents:
 Inventions (Products, Processes, Materials, Compositions)
Technical Solution to a Technical problem
Industrial Designs:
 External features appealing to the eye
New Shape, Pattern or Configuration
Trade Marks:
 A visual symbol such as a Word, Name, Logo, Label,
Monogram, Slogan etc.
 Applied on Article of Manufacture or Service
 Indicates the origin of goods and services

5
 VARIOUS KINDS OF IPRS

Copyrights:
 Artistic, literary, musical and dramatic creations
 Proprietary right
 Comes into existence as soon as the work is created

Geographical Indications (GIs):

 Identifies agricultural, natural or manufactured goods
originating from a definite territory in India
 Possessing special quality or reputation based upon unique
characteristics of the geographical location

6
 ORGANIZATION STRUCTURE

Ministry of Commerce & Industry

Dept. Of Industrial Policy & Promotion

Controller General of Patents, Designs & Trade Marks

Geographical Patent
Patent & Design Trade Marks
Indications Information
Office Registry
Registry System
Mumbai
Kolkata
Chennai
Kolkata RGNIIPM
Delhi
Delhi
Mumbai Chennai NAGPUR

Chennai Ahmadabad
7
 PATENT OFFICE- MUMBAI

The Patent Office,

Government of India,
Boudhik Sampada Bhavan,
Near Antop Hill Post
Office, S.M.Road,Antop
Hill, Mumbai – 400 037
Phone: (91)(22) 24137701
Fax: (91)(22) 24130387
Email: mumbai-
[email protected]

The States of Gujarat, Maharashtra,

Madhya Pradesh, Goa and Chhattisgarh
and the UTs of Daman & Diu and Dadra
& Nagar Haveli

8
 PATENT OFFICE - CHENNAI

The Patent Office,

Government of India,
Intellectual Property Rights
Building,
G.S.T. Road, Guindy,
Chennai – 600 032.
Phone: (91)(44) 2250
2081-84
Fax: (91)(44) 2250
2066
Email: chennai-
[email protected]

The States of Andhra Pradesh,

Telengana, Karnataka, Kerala, Tamil
Nadu and the UTs of Pondicherry
and Lakshadweep.
9
 PATENT OFFICE NEW DELHI

The Patent Office,

Boudhik Sampada
Bhavan,
Plot No. 32., Sector-14,
Dwarka, New Delhi – 1 0075
Phone: (91)(11) 2808 1921 – 25
Email: [email protected]

The States of Haryana, Himachal

Pradesh, Punjab, Rajasthan, Uttar
Pradesh, Uttaranchal, Delhi and the UTs
of Chandigarh, Jammu & Kashmir and
Ladakh

10
 PATENT OFFICE - KOLKATA

The Patent Office (Head

Office), Boudhik Sampada
Bhavan,
CP-2, Sector –V, Salt Lake City,
Kolkata- 700 091
Phone: (91)(33) 2367 1943
/44/45/46/87
Fax: (91)(33) 2367 1988
Email: [email protected]

Rest of India

11
RGNIIPM - NAGPUR

12
 VALIDITY OF IPR

SI IPR Maximum Renewal Act/Rule

No. Protection

1 Patent 20 Yrs *Every year The Patents Act,1970 Amended in

(mandatory) 2005

2 Trade Mark Life long After 10yrs The Trade Marks Act, 1999
Amended in 2010
3 Design 15 Yrs After 10 The Designs Act, 2000 & Designs
years for (Amendment) Rules, 2014
next 5 years
4 Copyright 60 years Not require The Copyright Act, 1957 Amended
in 2012
5 Geographical Life long After 10 Yrs The Geographical Indications of
Indication Goods (Registration and
(GI) Protection) Act, 1999

*Patents will cease and be transferred to public domain if Patents are

not renewed within 6 month of expiry of concerned year by paying
renewal fee.
13
 RELATION BETWEEN IPRs

 The logo Coca-Cola is an example for TRADE

MARK.
 Shape of the bottle – an INDUSTRIAL DESIGN.
 PATENT may have been obtained in
respect of bottling equipment.
 COPYRIGHT – in respect of the text, database
or artistic work appearing on its website.
i.e., A single product can be
protected by more than one IPR.

14
INTRODUCTION TO IPR

15
 PATENTS
 It is the exclusive right of inventor to prevent others from
possessing, using, selling, manufacturing and importing
the patented invention or offering to do any of these with
in a definite geographical area.
 Patents have territorial jurisdiction i.e., we have to
register the patents in all countries where we have our
interests.
 Patent application can be filed online in India by inventor
or his assignee on www.ipindia.nic.in

16
 PATENTS

Patent is an exclusive monopoly right:

 Granted by Government of India
 For an Invention
 To the Inventor or his Assignee
 As a Territorial Right
 In lieu of Disclosure of invention to the Government
 Term of Patent: 20 years from date of filing

17
 PATENT ACT & RULES

 In India, Patent rights are governed by the Patents Act,

1970. At present 3rd amendment of Act known as the
Patent (Amendment) Act, 2005 is in force.
 For application of Patents Act, rules are made by the
Government, which are known as “Patent Rules, 2003”,
as of now Patent (Amendment) Rule, 2006 and further
updated in Sept’2015 are in force.
 For better understanding of Act & Rules, “Draft Manual
of Patent Practice & Procedure (MPPP), 2008” is made
by the patent office.
 There are 4 patent offices in India having work
distribution according to their geographical location
viz. Kolkata, Delhi, Mumbai & Chennai
18
 PATENT ACT & RULES

Criteria of Patentability:
 Novelty
 Inventive step or it must be non-obvious
 Capable of industrial application
 Not fall within the provision of section 3 & 4 of the Patents
Act 1970
Patents Act 1970:
 Section3: List which are not inventions
 Frivolous or obvious
 Contrary to well established natural laws
 Injurious to Public Health
 Mere arrangement or re-arrangement,
 Discovery of Scientific principle
 Discovery of living thing or non-living substances in
nature
 Method of agriculture or horticulture
 A mathematical or business method or a computer
19
program
 Section4: Not-patentable: Atomic Energy related
 INDUSTRIAL DESIGN
Ornamental or aesthetic aspect of a useful article of industry.
 Aspect that gives special appearance
Aspect which differentiates from current products
Only the aesthetic/visual form of a product
 not the Technical (Patents)
 nor Distinguishing Features (Trade Marks)
The ornamental or aesthetic aspects of an article
consist of:
 Three dimensional features, such as the shape, surface
or texture of an article or
 Two dimensional features, such as patterns, lines or
colours.
Design makes the product attractive and appealing to the consumers
and adds to its commercial value for that reason.
20
 INDUSTRIAL DESIGN

 Exclusive right against unauthorized copying

 Protection normally lasts for an initial ten years, after
which it can usually be renewed for, in most cases, up
to 15 years.
 Promotes more ive and attractive ts
innovat aesthetically produc

21
 TRADEMARKS

 Generally “Brand” or “Logo”

 A visual symbol which may be word signature, name, device,
label, numerals or combination of colors used by one undertaking
on goods or services or other articles of commerce to
distinguish it from other similar goods or services originating
from a different undertaking
 Any Name which is not unusual for trade to adopt as mark
 Device or Symbol or Monogram
 Shape of goods or their packing
 Combination of colors or even a single color in combination with
word or device

22
TRADEMARKS

23
 COPYRIGHT
 Copyright is a legal term describing rights given to creators
for their literary and artistic works
 The works covered by Copyright include :
 literary works such as novels, poems, plays, reference
works, newspapers and articles
 computer programs and databases
 films, musical compositions, dance & theatrical
productions
 artistic works such as paintings, drawings, photographs
and sculptures
 architecture, advertisements, maps, technical drawings
and manuals.
 Copyright comes into existence as soon as the work is created
and protects skill & labour employed by the creator in
production of his work. 24
TERM OF COPYRIGHT

25
 GEOGRAPHICAL INDICATIONS

 GIs identify agricultural, natural or manufactured goods

associated with a territory/region/locality. GI gives protection
to the group of people or associations involved in the
production of the product using traditional skills and
knowledge
 The manufactured goods should be produced or processed
or prepared in that territory. This gives a special quality to the
product due to geographical/climatic environment,
reputation, specific manufacturing/farming skills, traditions
and other characteristics attributable to origin.
 It consists of the name of the place of origin & originates
from a definite geographical territory.
 Darjeeling Tea, Kancheepuram Saree, Kolhapuri Chappals,
Tirupati Laddu, Nagpur Orange etc.
26
 GEOGRAPHICAL INDICATIONS
Examples of Indian Geographical Indications:
 Basmati Rice
 Darjeeling Tea
 Kanchipuram Silk Saree
 Alphonso Mango
 Nagpur Orange
 Kolhapuri Chappal
 Bikaneri Bhujia
 Agra Petha

27