Meaning, Concept, Component

1. WELCOME

2. INTELLECTUAL PROPERTY RIGHTS
COURSE INSTRUCTOR-
Dr. B. Jirli
Associate Professor
PRESENTED BY-
Awadhesh kumar singh
Ph.D. 1st year
DEPARTMENT OF EXTENSION EDUCATION
INSTITUTE OF AGRICULTURAL SCIENCES, BANARAS
HINDU UNIVERSITY, VARANASI
PRESENTATION
ON

3. Content……
• Definition of IPR
• Different form of IPR
• Conditions for an innovation to be an IP
• Treaties and reciprocal agreements
• Registering and enforcing IPR in India
• The Laws For IP Protection
• Nodal Agencies for IPR facilitation in India
• Conclusion.
• Reference

4. Kinds of Property
• Movable Property
Car, Pen, Furniture, Dress
• Immovable Property
Land, Building
• Intellectual Property
Literary works, inventions

5. Definition of IPR
• Intellectual property (IP) is a term referring to a brand,
invention, design or other kind of creation, which a
person or business has legal rights over. Almost all
businesses own some form of IP, which could be a
business asset.
• Intellectual Property is a property that arises from the
human intellect. It is a product of human creation.
• Intellectual Property is the creation of the human
intellectual process and is therefore the product of the
human intellect or mind.

6. …. Definition of IPR
“Intellectual Property shall include the rights relating to
– literary, artistic and scientific works,
– performances of performing artists, phonograms, and
broadcasts,
– inventions in all fields of human endeavour
– scientific discoveries
– Industrial designs
– trademarks, service marks and commercial names and
designations
– protection against unfair competition
and all other rights resulting from intellectual activity in the
industrial, scientific, literary or artistic fields.”
(WIPO Convention)

8. 1. Patent :
• A patent is an exclusive right granted to the inventor to use and
market the invention for a limited period of time in
consideration of the disclosure of the invention.
• The product must be (a) novel, (b) have industrial application
and (c) must be useful for entitlement of a patent. Patents are
given only for inventions.
• Inventions are solutions to specific problems in the field of
technology. An invention may relate to a product or a process

9. 2. Copy Rights :
• Copy right law deals with the rights of intellectual creators. It
is concerned with protecting creativity and ingenuity. It
promotes and disseminates national cultural heritage.
• It is meant for original literary, dramatic, musical and artistic
works,cinematographic films and soft-wares. Copy right is
registered at Ministry of HRD which is valid for 60 years after
author’s death.

10. 3. Trade mark :
• It is a sign that individualize the goods of a given enterprise
and distinguishes them from the goods of its competitors. It is
limited to word marks, abbreviation, names, figures and
hologram.

11. 4. Designs :
• A design includes features of structure, configuration, pattern,
ornament, or composition of lines and colors applied to an
article in 2 or 3 dimensional form by any technical process.
• The process or product can be manual, civil, electrical,
chemical and mechanical or combination of all.

12. 5. Trade secret :
• It is the agreement between the employer and employee to
keep the research information secret or confidential.
• The employer can recover damages from the improper
disclosure or use of his trade secret by the employee.

13. 6. Geographical Indication :
• Place names used to identify products such as “Champagne”,
Roquefort cheese, Basmati rice etc.
• They provide legal means so that interested parties can stop
the use of such geographical indications for products that do
not originate from the used place name or do not have the
usual characteristics associated with that place name.
• Example:- Banarasi Saree

14. Plant Breeders Rights
• Plant breeders' rights (PBR), also known as plant variety
rights (PVR), are rights granted to the breeder of a
new variety of plant that give the breeder exclusive
control over the propagating material (including seed, cuttings,
divisions, tissue culture)

15. CONDITIODS FOR AN INVENTION TO BE AN IP
Novelty :- An invention will be considered novel if it does
not form a part of the global state of the art.
• Information appearing in magazines, technical journals,
books, newspapers etc. constitute the state of the art.
• Oral description of the invention in a seminar/conference can
also spoil novelty.
• Novelty is assessed in a global context.

16. Inventiveness (Non-obviousness)
• A patent application involves an inventive step if the proposed
invention is not obvious to a person skilled in the art i.e., skilled in
the subject matter of the patent application.
• The prior art should not point towards the invention implying that
the practitioner of the subject matter could not have thought about
the invention prior to filing of the patent application.
• Inventiveness cannot be decided on the material contained in
unpublished patents.
• The complexity or the simplicity of an inventive step does not have
any bearing on the grant of a patent.

17. Treaties and reciprocal agreements
India is also a signatory to the following international IP
agreements:
• The Paris Convention - under this, any person from a
signatory state can apply for a patent or trade mark in any other
signatory state, and will be given the same enforcement rights
and status as a national of that country would be;
• The Berne Convention - under this, each member state
recognizes the copyright of authors from other member states in
the same way as the copyright of its own nationals;

18. • The Patent Cooperation Treaty - this is a central
system for obtaining a ‘bundle’ of national patent applications
in different jurisdictions through a single application.
• The Madrid Protocol- which allows a bundle of
national trade mark registrations in different jurisdictions to be
made through a single application, has not yet been brought
into force in India. India is also not a signatory to the Hague
Agreement, which allows the protection of designs in multiple
countries through a single filing.

19. Registering and enforcing intellectual
property rights in India
• To enjoy most types of intellectual property (IP) rights in
India, you should register them.
• For patents, individual registrations must be made in India, but
for rights other than industrial designs you can apply under the
terms of the Patent Cooperation Treaty, which is usually easier
and quicker.
• For trade marks, you should register them within India.

20. • For copyright, no registration is required but
registering copyrights with the copyright authorities
is advisable.
• ‘Priority rights’ under the Paris Convention can help
in the local registration of trade marks, designs and
patents by allowing rights previously registered
elsewhere to become effective in India, if filed within
a time limit.

21. The Laws For Intellectual Property Protection
Act Ministry/Department
The Copyright Act, 1957 Higher Education
The Patents Act, 1970 Industrial Policy & Promotion
The Designs Act, 2000 Industrial Policy & Promotion
The Trade Marks Act, 1999 Industrial Policy & Promotion
The Geographical Indications of Goods
(Registration and Protection) Act, 1999
Industrial Policy & Promotion
The Semiconductor Integrated Circuits Layout-
Design Act, 2000
Information Technology
The Protection of Plant Varieties and Farmers’
Rights Act, 2001
Agriculture and Cooperation

22. Nodal Agencies for IPR facilitation in India
• TIFAC Patent facilitation Cell
www.indiapatents.org.in
• CII - Andhra Pradesh Technology Development &
Promotion Center
www.aptdc.com/ www.apipr.org
• National Research Development Corporation
www.nrdcindia.com

23. Conclusion
• Thus intellectual Property is a property that arises from the
human intellect. It is a product of human creation and various
forms of IPR includes Patents Copyrights, Trade mark , Designs,
Trade secrets , Geographical indications. Any invention which is
new, non- obvious and useful is included in IPR. Indian
Government has passed The patent act in the year 1970 to
safeguard the intellectual properties of inventor. There are many
nodal agencies for facilitation of IPR in India such as TIFAC,
IIC, National research development corporation etc.

24. REFERENCES
• http://www.nishithdesai.com/fileadmin/user_upload/pdfs/Research%20Pap
ers/Intellectual_Property_Law_in_India.pdf
• https://www.gov.uk/government/uploads/system/uploads/attachment_data/f
ile/201188/Intellectual_Property_Rights_in_India___a_UK_IPO_business_
guide_for_India.
• https://www.google.co.in/url?sa=t&rct=j&q=&esrc=s&source=web&cd=2
&cad=rja&uact=8&ved=0CCQQFjABahUKEwiyqavMgPTHAhXIchQKH
Ra4Boc&url=http%3A%2F%2Fwww.ibef.org%2Fdownload%2FIPR_Prot
ection_in_India.ppt&usg=AFQjCNHkGqnNRISJzTBeqtdy1d1DK94gOg