1.
IPR
Patents and Intellectual Property Rights

2.
CONTENTS
• Definition
• Patent, copyright, trademarks
• Scope, objective
• Sources of patent information
• Patent processing & application
• Salient feature, TRIPS
• International & regional agreement

3.
DEFINITION
Intellectual property (IP) refers to protection of creations of the mind, which have
both a moral and a commercial value ,such as inventions; literary and artistic works;
designs; and symbols, names and images used in commerce.

4.
FEW OTHER DEFINITIONS
• Trademark-A trademark is a sign that individualizes the goods or
services of a given enterprise and distinguishes them from those of
competitors. To fall under law protection, a trademark must be
distinctive, and not deceptive, illegal or immoral.
• Geographical Indication- A geographical indication is basically a
notice stating that a given product originates in a given geographical
area.
• Patent- Patent is an exclusive right granted by law to an inventor or
assignee to prevent others from commercially benefiting from his/her
patented invention without permission, for a limited period of time in
exchange for detailed public disclosure of patented invention.

5.
• Trade Name- A trade name or business name is a name that uniquely distinguishes a
business from others.
• Copyright-Copyright is a form of IPR concerned with protecting works of human
intellect. The domain of copyright is literary and artistic works, might that be
writings, musicals and works of fine arts, such as paintings and sculptures, as well as
technology-based works such as computer programs and electronic databases.

6.
SCOPE
• Intellectual property rights include copyright, patent, trademark, geographic
indication of origin, industrial design, trade secrets, database protection laws,
publicity rights laws, laws for the protection of plant varieties, laws for the
protection of semi-conductor chips (which store information for later retrieval), etc.
• There is a conventional mode of classification of intellectual property as industrial
property and copyrights. Industrial properties include inventions (patent), property
interest on minor invention (Utility model certificate) and commercial interests
(Trade Marks, trade names, geographical indications, and industrial design), plant
breeder rights, biodiversity, etc.

7.
OBJECTIVES OF IPR
• To give statutory expression to the moral and economic rights of creators in
their creations and such rights of the public in access to those creations.
• To promote, as a deliberate act of government policy, creativity and the
dissemination and application of its results and to encourage fair trading
which would contribute to economic and social development.

8.
PRIMARY SOURCE OF PATENT
INFORMATION
• Each jurisdiction defines the publication of authoritative patent information
and the respective authority.
• Traditionally, three publication products can be distinguished:
National(Patent)Gazette
Publications of full patent applications, granted patents
National Patent Registers

9.
SECONDRY SOURCE OF PATENT
INFORMATION
Collect data from primary sources and publish:
• Commercial patent databases
• Free-of-charge patent databases:
1. hosted by some IPOs
2. hosted by others: Google Patents, Patent lens,..

10.
PATENT APPLICATION
• Bibliographic data (frontpage)
title, applicant(s), inventor(s), filing date, priorities,..
• Description part
Problem to be solved, prior art, inventive idea, embodiments
• Drawings
• Claims (State of art search report)

11.
DESCRIPTION

12.
CLAIMS

13.
PATENT PROCESS

14.
SALIENT FEATURE OF IPR
The National IPR policy of India 2016 is divided into 7 objectives, the salient features of each are enumerated here.
• OBJECTIVE 1: IPR Awareness: Outreach and Promotion To create public awareness about the economic, social
and cultural benefits of IPRs among all sections of society.
• It is true that a ‘right’ cannot achieve its substantial goals unless the one to whom it is provided knows when to avail it. The
observation of the think tank behind the policy was that a large number of IP holders in the country are not aware of the
benefits of it. At most times they are discouraged to avail them due to the complexities of the procedures involved. This is
the problem that the first objective of the policy targets at. Some of the major steps taken to achieve the aim are :
• The Public outreach method: A national slogan “Creative India; Innovative India” has been adopted and an associated
campaign on electronic, print and social media has to be launched so as the information of IPR reaches maximum people.
• Inclusion in Education: Educational institutions at all levels have been directed to emphasize the importance of IP rights,
Online and distance learning programs for all categories of users will be created under this policy.

15.
OBJECTIVE 2: Generation of IPRs to stimulate the generation of IPRs
There are various methods to adjudge the status of IPRs in a country, one among them is the
number of IP filings and grants over a fixed period of time. It has been observed that over
recent years India has emerged one of the top nations of the world in terms of filing for
generations of IPRs. The constant rise in generation of IPRs is an important indicator of
optimism for a nation in generation of new technologies. Some Major steps to achieve the
aim are :-
• Analysing contribution of research in economy : Undertaking of a nation-wide study to
explore and assess the contribution of IP content in different industries on the economy,
employment, exports and technology
• Enhancing current performance : Focusing on improving IPR output of National
Research Laboratories, Universities, Technology Institutions and other researchers by
encouraging and facilitating the acquisition of Intellectual property rights by them.

16.
OBJECTIVE 3: Legal and Legislative Framework to have strong and effective IPR laws, which
balance the interests of rights owners with larger public interest.
The state of India acknowledges the importance of a comprehensive and balanced legal framework for
continuous flow of innovation. Law is dynamic and demands necessary changes which change in time and
circumstances. The current IP laws of India are framed on the basis of the TRIPS Agreement. Also India
being signatory to various international treaties in IP rights needs to constantly examine the reach of its
current laws in protection of IP rights of its citizens.
•Examine the present: A Revision of existing IP laws, and wherever necessary, updating and improvement
of them to remove anomalies and inconsistencies will be done, in consultation with stakeholders;
•Act with regards to future: The state will engage constructively in the negotiation of international treaties
and agreements in consultation with stakeholders; also examining accession to some multilateral treaties
which are in India’s interest; and become signatory to those treaties which India has de facto implemented to
enable it to participate in their decision making process.

17.
OBJECTIVE 4: Administration and Management To modernize and strengthen service-
oriented IPR administration
A law shall never deliver until it is implemented in an efficient manner. The offices that
administer a law are the cornerstone of it. The current offices that administer the IP laws in India
are efficient but still there are loopholes to be plucked and areas where there is scope of
improvement. With expanding work load and technological complexity, it becomes necessary to
make IPR regime hassle free. This is where administration assumes importance. Some major steps
taken are :
• Central Government taking initiative: The administration of the Copyright Act 1957 along
with the office of the Registrar of Copyrights, which comes under the Department of Higher
Education (DHE), will be transferred to the Department of Industrial Policy and
Promotion(DIPP)
• Review of Current Apparatus: A nation-wide review of the current organizational and cadre
structure, processes of recruitment and training of the officers will be undertaken.
• Accommodating Technology: Further modernization of the physical and ICT infrastructure
will be undertaken. This will be done taking into account the expanding needs of the IPOs
and to accelerate e-filings, e-processing and other e-services.

18.
OBJECTIVE 5: Commercialization of IPR – Get value for IPRs through commercialization.
An invention yields result both for the inventor and larger society only when it is commercialised.
Commercialisation of a product also promotes entrepreneurship. Taking lessons from USA and
Europe, India has also adopted the path of commercialisation of IP to tap the vast market available
due to globalisation. Some remarkable steps in this regard are:
• Let the Tech Flow: Promotion of licensing and technology transfer for IPRs along with devising of
suitable contractual and licensing guidelines to enable commercialization of IPRs will be done by
2017. In addition to this, patent pooling and cross-licensing to create IPR based products and
services will be encouraged.
• Build entrepreneurs: Support will be provided for MSMEs (Micro, Small and Medium Enterprises),
Individual Inventors and Innovators from the informal sectors to commercialize their IPRs. In this
regard facilitation centres will be set up across the nation.

19.
OBJECTIVE 6: Enforcement and Adjudication To strengthen the enforcement and adjudicatory
mechanisms for combating IPR infringements
A right is always followed by a remedy. For providing these remedies there needs to be effective mechanisms in
place. Fast and efficient disposal of IP infringement issues is want of the hour. Various new mechanisms are being
adopted throughout the world in this area. The steps incorporated in India under the new policy are:
• Inter-agency Cooperation: Enhancing the coordination between the various agencies and providing direction
and guidance on strengthening enforcement measures will be done. Coordinating with and sharing of
intelligence and best practices at the national and international level will be encouraged also studying the
extent of IP violations in various sectors and examination of the implications of jurisdictional difficulties
among enforcement authorities will be done so as to remove the impediments.
• State-centre cooperation: The centre will work closely with the state governments for establishment of IP cells
for effective curbing of IP offences.
• Justice through alternative means: Facilitation of effective adjudication
IP disputes through different measures will be undertaken. The most important among them is First,
Adjudication of IP disputes through Commercial Courts which will be set up at appropriate levels. Second,
Promoting ADRs in the resolution of IP cases by strengthening mediation and conciliation centres, and
developing ADR capabilities and skills in the field of IP will be done.

20.
OBJECTIVE 7: Human Capital Development To strengthen and expand human resources,
institutions and capacities for teaching, training, research and skill building in IPRs
With an overwhelming number of young population, India provides vast areas of development of
human capital in the arena of IP. The framework presented in the above 6 objectives are made
keeping an eye on the long-term goal of human capital development in IP. The steps in this regard
will be:
• Building Institutions: RGNIIPM (Rajiv Gandhi National Institute of Intellectual Property
Management), Nagpur will be adequately reformed and provided with resources to conduct
training for IPR administrators and managers in industry and business, academicians, R&D
institutions; IP professionals; inventors and civil society; develop links with other similar entities
at the international level; provide legal training for examiners
• International Help: Strengthening of IP Teaching, Research and Training will be undertaken in
collaboration with WIPO, WTO, other International Organizations and reputed Foreign
Universities specializing in IP.
• Empowerment of Women: Both centre and state will encourage and support capacity building
among Women Creators, Innovators, Entrepreneurs, Practitioners, Teachers and Trainers, it is
aimed for a long term social impact.

21.
INTRESTED IN READING MORE
Go through the link given below.
http://dipp.gov.in/English/Schemes/Intellectual_Property_Rights/Na
tional_IPR_Policy_12.05.2016.pdf

22.
TRADE-RELATED ASPECTS OF INTELLECTUAL
PROPERTY RIGHTS (TRIPS)
• The Agreement on Trade related Aspects of Intellectual Property Rights of the WTO is commonly known as
the TRIPS Agreement or simply TRIPS. TRIPS is one of the main agreements comprising the World Trade
Organisation (WTO) Agreement.
• This Agreement was negotiated as part of the eighth round of multilateral trade negotiations in the period
1986-94 under General Agreement on Tariffs and Trade (GATT) commonly referred to as the Uruguay Round
extending from 1986 to 1994.
• It appears as Annex 1 C of the Marrakesh Agreement which is the name for the main WTO Agreement. The
Uruguay Round introduced intellectual property rights into the multilateral trading system for the first time
through a set of comprehensive disciplines. The TRIPS Agreement is part of the “single undertaking” resulting
from the Uruguay Round negotiations.
• This implies that the TRIPS Agreement applies to all WTO members, mandatorily. It also means that the
provisions. of the agreement are subject to WTO dispute settlement mechanism which is contained in the
Dispute Settlement Understanding (the “Understanding on Rules and Procedures Governing the Settlement of
Disputes”). The TRIPS Agreement is one of the most important agreements of the WTO.

23.
IPRs COVERED BY THE TRIPS
AGREEMENT
• Copyright and related rights (i.e. the rights of performers, producers of sound
recordings and broadcasting organizations)
• Trademarks, including service marks
• Geographical indications including appellations of origin
• Industrial designs
• Patents including the protection of new varieties of plants
• Layout-designs (topographies) of integrated circuit
• Undisclosed information, including trade secrets and test data

24.
Industrial Property
• Industrial property includes inventions (process, products and apparatus);
Industrial designs (shapes and ornamentation); and Marks and Trade-names
to distinguish goods.
• The scope of industrial property has been expanded to include 'among
others, the protection of distinctive geographical indications (in particular,
appellations of origin), plant varieties, and the layout designs (topographies)
of integrated circuits, as well as the repression of unfair competition,
including the protection of trade secrets.'

25.
Copyrights and Neighbouring rights
Copyrights broadly include Literary works; Musical works, including any accompanying
words; Dramatic works, including any accompanying music; Pantomimes and
choreographic works; Pictorial, graphic, and sculptural works; Motion picture and
other audio-visual works; Sound recordings; and Architectural works.
Neighbouring rights has been added to the concept of copyrights. The following three
types of rights are covered by the concept of neighbouring rights :
• The rights of performing artists in their performance
• The rights of producers of phonograms in their phonograms
• The rights of broadcasting organisations in their radio and television broadcasts.

26.
TRENDS IN IPRs RULE MAKING AT THE
INTERNATIONAL LEVEL
 Existence of multifora negotiations
 Progressive harmonization
 Extension of subject matter: patentability of life forms, software protection, etc.
 Creation of new forms of IPRs: integrated circuits, sui generis (semi conductors, plant varieties, TK)
 Extension of the terms of protection
 Need for political decisions to keep flexible interpretations
 Reduction of technology transfer clauses
 Limited S&D
 Increased primacy of private rights vs. public interest
 Increasing concerns about TRIPS-plus in developing countries, academia, and civil society organizations

27.
REGIONAL TRADE AGREEMENTS AND
IPRs
 Why IPRs commitments are included in Regional Trade Agreements?
 Increased interest in protecting new technologies
 Need to consolidate market access of products with high technological content
 Existence of a minimum floor (the TRIPS Agreement)
 Increasing number of RTAs: more than 250
 Increasing number of RTAs with IPRs provisions
 US more than 43 in 2003
 EU more than 27 in 2003
 In the Americas 5 RTAs have IPRs rules of which 4 are among developing countries
 Increasing inclusion of IPRs related provisions and coverage in trade, investment and stand alone bilateral agreements
 BITS: IPRs as an investment, fair and equitable treatment/international standards, prohibitions on performance requirements, investor-state
dispute settlement
 BIPS: Agreements of focus nature