contain IPR,WTO,GATT,WIPO,TRIPS,PARIS COVENTION

1. Intellectual Property Rights

2. Defination :
• Intellectual property rights (IPR) can be defined as
the rights given to people over the creation of their
minds. They usually give the creator an exclusive
right over the use of his/her creations for a certain
period of time.
OR
• Intellectual property (IP) refers to creations of the
mind: inventions, literary and artistic works, and
symbols, names, images, and designs used in
commerce.

3. Organization Of IPR

4. Types/Tools :
• Patents
• Trademarks
• Copyrights and related rights
• Geographical Indications
• Industrial Designs
• Trade Secrets
• Layout Design for Integrated Circuits
• Protection of New Plant Variety

5. Patent :
• A patent is an exclusive right granted to product or
process by government to make use of and exploit
their inventions for a limited period of time
(generally 20 years from filing).
 Patents are governed by:
• Paris Convention for the Protection of Industrial
Property
• Patent Cooperation Treaty (PCT)
• Agreement on Trade Related Aspects of Intellectual
Property Rights (TRIPS Agreement)

6. Patent office :
• Mumbai
• Chennai
• New delhi
• Kolkata

7. Patent application :
• A patent application is a request pending at the
patent office for the grant of a patent for the
invention described and claimed by application.
• National Applications : Generally filed at the national
patent office to obtain a patent in the country
• Regional Applications : It is the one which may have
effect in a range of countries
• International Applications (PCT) : The PCT is operated
by WIPO and provide sacentralized application
process but patents are not granted under the treaty

8. Types of Application :
• Standard application / Ordinary Patent application
• Provisional application
• Continuation applications
• Continuation-in-part application
• Divisional application
• Basic convention application
• Patent of addition

9.  Standard Application / Ordinary Patent Application
• A standard patent application is a patent application
containing all of the necessary parts (e.g.a written
description of the invention and claims) that are required for
the grant of a patent.
• It is also referred to as Non-provisional application
 Provisional application
• Provisional patent applications can be filed at patent offices
of the respective country.
• A provisional application provides the opportunity to place
an application on file to obtain a filing date without the
expense and complexity of a standard patent application.
• Application with complete specifications is to filed within 12
months of filing the provisional applications.

10.  Characteristics of Provisional application
• Establishes a filing date(earliest priority date)
• Examination process does not begin
• Clock does not start running on lifetime of patent
• Has simpler filing requirements
• Lower filing fees
• Claims are not required

11.  Continuation application (US law)
• It is a patent application filed by an applicant who wants
to pursue additional claims to an invention disclosed in
an earlier application of the applicant (the parent
application) that has not been issued or abandoned.
• The continuation uses the same specification as the
pending parent application, claims filing date priority of
the parent, and must name atleast one of the same
inventors as in the parent.
• This type of application is useful when a patent examiner
has allowed some but rejected other claims in an
application.

12.  Continuation –in –part (CIP) application (US law)
• In this application, the applicant add the matter not
disclosed in the parent application.
• It repeats some substantial portion of the parent’s
specification, and has atleast one common inventor
as named in the parent application.
• It is a convenient way to claim enhancements
developed after the parent application was filed.

13.  Divisional application
• It contains matter from the previously filed application .
A divisional application is filed later than the parent
application. It may retain its parent's filingdate and will
generally claim the same priority.
• Divisional applications are generally used incases where
the parent application may lack unity of invention, that is
the parent application describes more than one invention
and the applicant is required to split the parent in to one
or more divisional applications each claiming only a
single invention

14.  Basic convention application
• This may be filed where you may want to file only in one
country,a part from India.
• Claims priority of previously filed application
• Application to be filed in a convention country within 12
months of first application filed
• More useful when filed in non-PCTcountries(Malaysia)
 Patent of Addition (India)
• It is granted for the improvement or modification of
already existing patented invention, for an unexpired
term of main patent.

15. Requirments for patent :
• New or Novel (Not already known)
• Not Obvious
• Utility (Useful)
• Written Description (Details of the invention)
• Enabled (Must describe how to make and use the
invention)
• Best Mode (The preferred way of practicing the
invention known to the inventors as of the filing
date)

16. Patent Application Process :

17. Trademark
• A trade mark is a visual symbol which may be a word
to indicate the source of the goods or services or
other articles of commerce to distinguish it from
other similar goods or services originating from
another.
OR
• A trade mark is a word, phrase, symbol or design, or
combination of words, phrases, symbols or designs
used in the course of trade which identifies and
distinguishes the source of the goods or services of
one enterprise from those of others.

18. Characteristics of Trademark :
• The selected mark should be capable of being
represented graphically (that is in the paper form).
• It should be capable of distinguishing the goods or
services from others.
• It should be distinctive (not necessarily descriptive)
For example: Apple
• It should not be deceptive; For example: Real Leather

19. Types Of Trademark :
• Trademark
• Servicemark
• Collectivemark
• Certification Mark

20. Function Of Trademark :
• It identifies the goods / or services and its origin
• It guarantees its unchanged quality
• It advertises the goods/services
• It creates an image for the goods/ services

21. Trademark Office :
• Mumbai (Head office)
• Delhi
• Ahemdabad
• Chennai
 Trademarks are governed by :
• Paris convention
• Trademark Law Treaty (TLT)

22. Copyrights and Related rights :
• Copyright is a legal term describing rights given to
creators for their literary and artistic works.
• It is the expression of thoughts and not the ideas .
• For example; A plot consisting of a story about young
men and women falling in love despite family and
caste obstacles would not be protected.
• But when you express it in a synopsis or in a short
story or a play, the expression of that plot will be
protected.

23. Copyrights Include :
• Original Literary Work
• Original Dramatic Work
• Original Musical Work
• Original Artistic Work
• Cinematograph Films
• Sound recording
• Computer Programme

24. Derivative Work :
• Derivative works can also be protected. They are the
works derived from other existing sources. Examples are:
 Translation of work into different language
 Adaptations of works such as making film scenario based
on novel
 Arrangements of music, such as an orchestra version of
musical composition initially written for piano;
 Abridgement of novel
• Before embarking in a derivative work, you must respect
the rights of the author of the initial work .

25. Rights Under Copyrights :
• Economic rights : Which allow the owner of rights to
derive the financial reward from the use of his works
by others
 Rights of reproduction
 Rights of public performance, broadcasting and
communication to public
• Moral rights : Which allow the author to take certain
actions to preserve the personal link between
himself and the work

26. Related Rights :
• Related rights are not copyright, but they are closely
associated with it; they are derived from a work protected by
copyright.
• They offer the same kind of exclusivity as copyright, but they
don’t cover the actual work
 Organization :
• Performers such as the singer of a song
• Producers of recordings such as record companies
• Broadcasting Organisations
 Governed by ;
• Rome convention or International Convention for the
Protection of Performers, Producers of Phonograms and
Broadcasting Organizations
• WIPO Performances and Phonograms Treaty - WPPT

27. Geographical Indication :
• A geographical indication is a sign used on goods that have a
specific geographical origin and possess qualities, reputation
or characteristics that are essentially attributable to that
place of origin. Most commonly, a geographical indication
includes the name of the place of origin of the goods.
 Examples :
• Champagne is used to indicate that a special kind of sparkling
wine originates in the Champagne region of France.
• Cognac is used for brandy from the French region around the
town of Cognac .
 Governed by :
• Lisbon Agreement for the Protection of Appellations of Origin
and their International Registration
• TRIPS Agreement
• Paris Convention for the Protection of Industrial Property

28. Industrial Designs :
• Industrial designs refer to creative activity, which result in the
ornamental or formal appearance of a product and design right
refers to a novel or original design that registered design.
• Industrial designs makes a product attractive and interesting to the
commercial value of a product and increase its marketability.
• Industrial designs are applied to a wide variety of products of
industry or handicraft : Watches, Jewelry, Fashion and other Luxury
items, Industrial and Medical implements , House ware, Furniture
and Electrical appliances, Vehicles and Architectural structures,
Practical goods and Textile designs, Leisure items, such as toys and
pet accessories .
 Governed by :
• Hague Agreement Concerning the International Deposit of
Industrial Designs
• Paris Convention

29. Difference :

30. Trade Secrets, Layout Design for Integrated
Circuits, Protection of New Plant Variety :
• Trade Secrets : It may be confidential business information that provides
an enterprise a competitive edge may be considered a trade secret.
Usually these are manufacturing or industrial secrets and commercial
secrets. These include sales methods, distribution methods, consumer
profiles, advertising strategies, lists of suppliers and clients, and
manufacturing processes.
• Layout Design for Integrated Circuits : Semiconductor Integrated Circuit
means a product having transistors and other circuitry elements, which
are inseparably formed on a semiconductor material or an insulating
material or inside the semiconductor material and designed to perform an
electronic circuitry function. The aim is to provide protection of IPR .
• Protection of New Plant Variety : The objective of this act is to recognize
the role of farmers as cultivators and conservers and the contribution of
traditional, rural and tribal communities to the country’s agro biodiversity
by rewarding them for their contribution and to stimulate investment for R
& D for the development new plant varieties to facilitate the growth of the
seed industry.

31. GATT/WTO :
• The GATT (Great Aggrement for Tariff and Trade) is an
international trade treaty designed to boost the economic recovery of
countries. The primary purpose of GATT was to increase international trade by
eliminating or reducing various tariffs, quotas and subsidies while maintaining
meaningful regulations. GATT signatories occasionally negotiated new trade
agreements that all countries would enter into. Each set of agreements was
called a round . In general, each agreement bound members to reduce certain
tariffs . Usually this would include many special-case treatments of individual
products, with exceptions or modifications for each country.
 Objectives of GATT :
• Reducing barriers for International trade
• To rising standard of living
• To expand production
• To utilise the worldwide resources
• To ensure employment
• Reduction of tariff and other trade barriers
• Discuss and resolve their trade disputes and negotiate to enlarge world
trading opportunities

32.  Principle of GATT :
• Without Discrimination
• Free trade
• Encourage development
• More competitive
 Advantages :
• Promote peace and prosperity across the globe
• Greater discipline in trade negotiations thereby
reducing inequalities
• Free trade reduces the cost of living and increases
household income
• Companies have greater access to markets and
consumers have wider range of products to choose
• Accelerates economic growth

33.  Disadvantages :
• Low skill workforce
• Questionable legal enforcement
• Rules are not fair
• The WTO has too much power compared with other
international organizations.

34. WTO
• The World Trade Organization (WTO) is the only international
institution that oversees the global rules of trade between
nations. The main function of the organization is to help
produce goods and services, exporters and importers protect
and manage their businesses.
 Function :
• Administering WTO trade agreements
• Forum for trade negotiations
• Handling trade arguments
• Monitoring national trade policies
• Technical assistance and training for developing countries
• Cooperation with other international organizations

35. Difference between GATT and WTO

36. TRIPS
• The Agreement on Trade Related Aspects of Intellectual
Property Rights (TRIPS) is an international agreement
administered by the World Trade Organization (WTO)
that sets down minimum standards for many forms of
intellectual property (IP) regulation as applied to
nationals of other WTO Members.
• The following IPR are covered under the TRIPS –
• copyright
• geographical indications
• industrial designs
• integrated circuit layout-designs
• patents
• new plant varieties
• trademarks
• undisclosed or confidential information

37. • TRIPS applied principle of Most-Favoured Nation(MFN) .
• TRIPS objective is intellectual property protection should
contribute to technical innovation and the transfer of
technology. Both producers and users should benefit, and
economic and social welfare should be enhanced.
 Design of TRIPs :
1. General provision and basic principle
2. Standards of IP
3. Obligation of members to provide procedure/remedies of IP
4. Transitional arrangements
5. Arguments settlement

38. Paris convention
• Paris Convention was signed in Paris, France on March
20th, 1883 for the Protection of Industrial Property.
• Divided into three main categories namely national
treatment, right of priority, common rules .
 National treatment : The protection of industrial
property, each contracting State must grant the same
protection to nationals of the other contracting States as
it grants to its own nationals. Nationals of non-
contracting States are also entitled to national treatment
under the Convention if they are domiciled or have a real
and effective industrial or commercial establishment in a
contracting State.

39.  Rights of priority : It provides a basis to an applicant
for filling application for protection of industrial
property, in any contracting state and then applying
for the same protection in any of other contracting
state within a certain time period . The later
application will be regarded as if they had been filed
on the same day of the first application. This is
known as keeping a priority of the first application .

40.  Common Rules : For patent ;
• Patents granted in different contracting States for the same invention are
independent of each other.
• The granting of a patent in one contracting State does not oblige the other
contracting States to grant a patent.
• A patent cannot be refused, annulled or terminated in any contracting
State on the ground that it has been refused or annulled or has terminated
in any other contracting State.
• The inventor has the right to be named as such in the patent.
• The grant of a patent may not be refused, and a patent may not be
invalidated, on the ground that the sale of the patented product, or of a
product obtained by means of the patented process, is subject to
restrictions or limitations resulting from the domestic law.
• Each contracting State that takes legislative measures providing for the
grant of compulsory licenses to prevent the abuses which might result
from the exclusive rights conferred by a patent may do so only with certain
limitations. Thus, a compulsory license based on failure to work the
patented invention may only be granted pursuant to a request filed after
three or four years of failure to work or insufficient working of the
patented invention and it must be refused if the patentee gives legitimate
reasons to justify his inaction.

41. WIPO
• WIPO is the global forum for intellectual
property services, policy, information and cooperation. To
promote the protection of IP rights worldwide and
extend the benefits of the international IP system to all
member States .
 Task of WIPO :
• Developing international IP laws and standards
• Delivering global IP protection services
• Encouraging the use of IP for economic development
• Promoting a better understanding of IP
• Providing a forum for debate

42. Function of WIPO
• Harmonize national intellectual property legislation and
procedures
• Provide services for international applications for
industrial property rights
• Exchange intellectual property information
• Provide legal and technical assistance to developing and
other countries
• Facilitate the resolution of private intellectual property
disputes
• Marshal information technology as a tool for storing,
accessing, and using valuable intellectual property
information.

43. THANK YOU