◎ Intellectual property Right (IPR) is a term used for various legal
entitlements which attach to certain types of information, ideas,
or other intangibles in their expressed form. The term
intellectual property reflects the idea that this subject matter is
the product of the mind or the intellect, and that Intellectual
Property rights may be protected at law in the same way as any
other form of property. Intellectual property laws vary from
jurisdiction to jurisdiction, such that the acquisition, registration
or enforcement of IP rights must be pursued or obtained
separately in each territory of interest.
◎ “Intellectual property rights (IPR) can be
defined as the exclusive rights given to people
over the creation of their minds as ideas/ plan.
They usually give the creator an exclusive right
over the use of his/her creations for a certain
period of time.”
TYPES: Intellectual property consists of two
distinct forms as:
◎ Literary and artistic works: copy rights
◎ Industrial property: Patent, Trade Mark,
Design, Copyright, geographical Indications.
The history of intellectual property is complex and fascinating. It
began in 500 BC in Europe.
Later there were many amendments regarding the intellectual
The term “INTELLECTUAL PROPERTY RIGHTS” was first used
in United International Bureau for the Protection of Intellectual
Property in 1893.
In 1893, to carry out the administrative tasks relating to
intellectual property at the international level, an international
organization called United International Bureau for the protection
of IPR (Intellectual Property Rights).
The organization subsequently relocated to Geneva in 1960, and
was succeeded in 1967 with the establishment of the WIPO
by treaty as an agency of the United Nations by the intervention
of Paris convention and Berne convention.
According to our nation, George Alfred De Penning is supposed to have made the first
application for a patent in India in the year 1856 upon “an efficient punkah pulling
machine”. On February 28, 1856, the Government of India promulgated legislation to
grant what was then termed as "exclusive privileges for the encouragement of inventions
of new manufactures" i.e. the Patents Act.
The first legislation in India relating to patents was the Act VI of 1856. The objective of
this legislation was to encourage inventions of new and useful manufactures and to
induce inventors to disclose secret of their inventions.
The Act of 1859 provided protection for invention only and not for designs whereas
United Kingdom had been protecting designs from 1842 onwards. To remove this lacuna,
the ‘Patterns and Designs Protection Act’ (Act XIII) was passed in 1872.
THIS IS A
In 1911, the Indian Patents and Designs Act, 1911, (Act II of 1911) was brought
in replacing all the previous legislations on patents and designs. This Act brought
patent administration under the management of Controller of Patents for the first time.
In 1967, an amended bill was introduced which was referred to a Joint Parliamentary
Committee and on the final recommendation of the Committee, the Patents Act,
1970 was passed. This Act repealed and replaced the 1911 Act so far as the patents
law was concerned.
Government of India implemented “Intellectual Property Rights Policy” under
Make in India in May 2016.
7. REGULATORY AUTHORITY FOR IPR IN INDIA:
Office of Controller General of Patent,
Designs, trademark (CGPDTM).
Department of Industrial Policy & Promotion
and Ministry of Industry and Commerce
Government of India
IN TWO OR
OVERVIEW OF LAWS RELATED TO INTELLECTUAL PROPERTY
RIGHTS IN INDIA
The Rules and Laws governing Intellectual Property Rights in India are as
1. The Copyright Act, 1957, the Copyright Rules, 1958 and International
Copyright Order, 1999
2. The Patents Act, 1970 the Patents Rules, 2003.
3. The Trade Marks Act, 1999, 0the Trade Marks Rules, 2002.
4. The Geographical Indications of Goods (Registration and Protection) Act,
1999 and the Geographical Indications of Goods (Registration and
Protection) Rules, 2002.
5. The Designs Act, 2000 and the Designs Rules, 2001.
A PICTURE IS
◎ A Patent is a statutory right for an invention granted for a limited
period of time to the patentee by the Government, in exchange of
full disclosure of his invention for excluding others, from making,
using, selling, importing the patented product or process for
producing that product for those purposes without his consent.
Patent System in India: The Patent System in India is governed by
the Patents Act, 1970 as amended by the Patents (Amendment)
Act, 2005 and the Patents Rules, 2003, as amended by the Patents
(Amendment) Rules 2006 effective from 05-05-2006.
DIIFERENT TYPES OF PATENTS: There are three general categories of patents.
UTILITY PATENT: A utility patent is available for an invention or discovery of a new
and useful machine, manufacture, composition of matter, or process. This patent is
also available for improvements to a machine, manufacture, composition, or process
that are considered new and useful.
DESIGN PATENT: In terms of obtaining a design patent, a design is defined as the
surface ornamentation of an object, which can include the shape or configuration of
an object. In order to obtain this type of patent protection, the design must be
inseparable from the object. While the object and its design must be inseparable, a
design patent with only protect the objects appearance. In order to protect the
functional or structural features of an object, a person must also file for a utility
PLANT PATENT: A plant patent can be obtained to protect new and distinctive
plants. A few requirements to obtain this type of patent are that the plant is not
a tuber propagated plant (i.e. an Irish potato), the plant is not found in an
uncultivated state, and the plant can be asexually reproduced.
For example, many authors write textbooks on physics
covering various aspects like mechanics, heat, optics etc.
Even though these topics are covered in several books by
different authors, each author will have a copyright on the
book written by him / her, provided the book is not a copy of
some other book published earlier.
Examples: The protection provided by copyright is 1.
Copyright, 2.Writings, 3.Paintings 4.Musical works,
5.Dramatics works, 6.Audiovisual works, 7.Sound
recordings, 8. Photographic works, 9.Broadcast, 10.Sculpture,
11.Drawings, 12. Architectural works etc.
A symbol, logo, word, sound, color, design or other device that is
used to identify a business or a product in commerce to
distinguish it from other similar goods or services originating
from a different undertaking.
The selected mark should be capable of being represented
It should be capable of distinguishing the goods or services of
one undertaking from those of others.
The period of Trademark registration is for 10years.
Different symbols are:
TM - Intent to use application field for product
® - Registered trade mark.
17. Functions of Trademark:
Trademark performs four functions –
• 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.
That’s a lot of money
Geographical Indications of Goods are defined as that
aspect of industrial property which refers to the
geographical indication referring to a country or to a
place situated therein as being the country or place of
origin of that product. The registration for
geographical indications is valid for a period of
Examples of Indian Geographical Indications - Tirupathi
laddoo, Solapur Chaddar, Solapur Terry Towel,
Basmati Rice, Darjeeling Tea, Kanchipuram Silk
Saree, Alphanso Mango, Nagpur Orange.
And a lot of users
An industrial design registration protects the ornamental or
aesthetic aspect of an article. A Design refers to the features of
shape, configuration, pattern, ornamentation or composition of
lines or colors applied to any article, whether in two or three
dimensional (or both) forms. This may be applied by any
industrial process or means (manual, mechanical or chemical)
separately or by a combined process, which in the finished
article appeals to and judged solely by the eye. Design does not
include any mode or principle of construction or anything
which is mere mechanical device. It also does not include any
trade mark or any artistic work.
•Designs are valid for maximum of 10years, renewable for