Module 6 - Intellectual Property Rights - Lecture Notes
Module 6 - Intellectual Property Rights - Lecture Notes
MODULE 6 NOTES
Module – 6 9 hours
Intellectual Property Rights: Meaning and Concepts of Intellectual Property, Nature and
Characteristics of Intellectual Property, Origin and Development of Intellectual Property,
Kinds of Intellectual Property, Intellectual Property System in India, IPRs- Invention and
Creativity- Intellectual Property-Importance and Protection of Intellectual Property Rights
(IPRs)- A brief summary of: Patents, Copyrights, Trademarks, TRIPS and TRIMS , Industrial
Designs- Integrated Circuits-Geographical Indications-Establishment of WIPO Application
and Procedures.
Here are some of the key events in the development of intellectual property
law:
1421: The first modern patent is granted in Venice, Italy.
1624: The first English patent law is enacted.
1790: The first U.S. patent law is enacted.
1883: The Paris Convention for the Protection of Industrial Property is
signed.
1886: The Berne Convention for the Protection of Literary and Artistic
Works is signed.
1967: The World Intellectual Property Organization (WIPO) is established.
1994: The Agreement on Trade-Related Aspects of Intellectual Property
Rights (TRIPS) is adopted by the World Trade Organization.
The development of intellectual property law is a continuing process. As new technologies
emerge, new challenges to IP protection arise. However, the basic principles of IP protection
remain the same: to encourage innovation and creativity, and to protect the rights of inventors
and creators.
COPYRIGHT:
Copyright is a form of intellectual property protection that grants creators exclusive rights over
their original works. Copyright protects original literary, artistic, musical, and dramatic works,
as well as other intellectual creations fixed in a tangible medium of expression. It gives the
creator exclusive rights to reproduce, distribute, perform, and display their work. Copyright
protection typically lasts for the life of the creator plus 60 years in India.
• Scope of Protection: Copyright protects a wide range of creative works, including
literary works (such as books and articles), artistic works (paintings and sculptures),
musical compositions, and dramatic works (plays and scripts).
• Exclusive Rights: Copyright provides creators with a bundle of exclusive rights,
including the right to reproduce their work, distribute copies, publicly perform or
display the work.
• Duration of Protection: Copyright protection typically lasts for the life of the creator
plus 60 years after their death.
• Public Domain: When copyright protection expires, the work enters the public domain,
meaning it can be freely used, copied, and distributed by the public without restrictions.
TRADEMARK:
A trademark is a legal symbol, name, slogan, or distinctive sign that a company or individual
uses to identify and distinguish their goods or services from those of others in the
marketplace.
• Protection: Trademarks are used to protect the intellectual property of a brand. They
ensure that consumers can easily recognize and differentiate between products or
services from different sources.
• Elements of Trademarks: Trademarks can include various elements such as logos,
brand names, product names, slogans, and even sounds or colours, as long as they are
distinctive and serve as identifiers.
• Distinctiveness: To be eligible for trademark protection, a mark must be distinctive,
meaning it should not be a common or generic term. It should be capable of uniquely
identifying the source of the goods or services.
• Renewal: Trademarks can be renewed indefinitely as long as they are actively used and
maintained according to the laws and regulations of the jurisdiction in which they are
registered. Renewal typically involves paying a renewal fee at regular intervals.
• Jurisdiction: Trademarks are typically registered and protected at the national or
regional level. For example, in the United States, the United States Patent and
Trademark Office (USPTO) grants trademark protection. In the European Union, the
European Union Intellectual Property Office (EUIPO) manages trademark
registrations.
• Enforcement: Trademark owners have the right to enforce their trademark rights by
taking legal action against individuals or entities that use their trademark without
permission (trademark infringement).
• Benefits: Trademarks provide various benefits, including brand recognition, brand
loyalty, and legal protection against infringement. They also add value to a company's
assets and can be licensed or sold.
TRADE SECRETS
Trade secrets are valuable, confidential pieces of information that give a company a
competitive edge in the marketplace. These can encompass a wide range of proprietary
information, including but not limited to manufacturing processes, customer lists, formulas,
recipes, marketing strategies, and software algorithms.
• Confidentiality: The critical characteristic of a trade secret is its confidentiality. The
information must be kept secret and not be generally known or easily ascertainable by
others outside the company. Maintaining strict confidentiality is essential to maintain
trade secret protection.
• Competitive Advantage: Trade secrets provide a competitive advantage because they
offer something unique or proprietary that competitors do not have access to. This can
lead to increased market share, higher profits, and market dominance.
• Protection Duration: Unlike trademarks or patents, which have fixed terms of
protection, trade secrets can theoretically last indefinitely as long as the information
remains confidential. However, if the information becomes publicly known or is
obtained by others through improper means, the protection is lost.
• Legal Protections: Trade secrets are protected under various laws and regulations,
including the Uniform Trade Secrets Act (UTSA) in the United States. These laws
provide legal remedies and damages for the unauthorized acquisition, use, or disclosure
of trade secrets.
• Enforcement: Companies that hold trade secrets have the legal right to take action
against individuals or entities that steal, misuse, or disclose their confidential
information, often through litigation.
• Security Measures: Companies take various measures to protect their trade secrets, such
as implementing access controls, requiring employees and contractors to sign non-
disclosure agreements (NDAs), and maintaining strict security protocols.
• Economic Value: Trade secrets can be incredibly valuable assets for a company. They
can be a source of revenue through licensing agreements or a significant bargaining
chip in business negotiations.
• International Variations: While the concept of trade secrets is recognized
internationally, the specific laws and regulations governing trade secrets can vary from
one country to another. Companies operating globally must navigate these differences
to protect their confidential information.
INDUSTRIAL DESIGN:
Industrial design refers to the appearance or ornamental aspects of a product, including its
shape, surface, colour, texture, and other visual elements. It encompasses both two-dimensional
designs (e.g., patterns or ornamentation) and three-dimensional designs (e.g., the shape of a
product).
• Protection Period: The duration of protection for industrial designs varies from
country to country but typically ranges from 15 to 25 years.
• Exclusive rights: During this period, the holder of the design rights has exclusive rights
to use, make, sell, or license the design.
• The protection period for industrial designs in India is 10 years from the date of
registration. This protection period can be extended for an additional period of 5 years,
subject to the payment of renewal fees. Therefore, in India, you can potentially have
protection for a total of 15 years for your industrial design.
• Register: The companies must register their industrial designs with the relevant
intellectual property office to obtain protection. The registration process typically
involves submitting drawings, images, or other representations of the design.
• Scope of Protection: Industrial design rights protect against the unauthorized copying
or imitation of the protected design.
• To be eligible for protection, the design must be novel and have individual character,
meaning it must differ significantly from prior designs.
• Enforcement: If someone infringes on an industrial design right, the holder of the right
can take legal action to stop the infringement and seek remedies, including damages
In summary, industrial design rights are crucial for protecting the aesthetic elements of products
and encouraging innovation in design. They offer creators and companies a means to safeguard
their visual designs from unauthorized copying and imitation, ultimately fostering creativity
and competition in the marketplace.
GEOGRAPHICAL INDICATIONS:
In India, Geographical Indications are defined under the Geographical Indications of Goods
(Registration and Protection) Act, 1999. According to this act, a GI is defined as "an indication
which identifies goods as agricultural goods, natural goods, or manufactured goods as
originating, or manufactured in the territory of a country, or a region or locality in that territory,
where a given quality, reputation, or other characteristic of such goods is essentially attributable
to its geographical origin."
• Registration: To obtain GI protection in India, producers or organizations representing
the interests of producers can apply for the registration of a geographical indication.
The application is typically made to the Geographical Indications Registry, which is
part of the Indian Patent Office. Once registered, the GI is protected, and only producers
from the specified geographical area can use it to label their products.
• Protection: GIs in India are protected against unauthorized use, imitation, or misuse.
Only products that meet the specific criteria associated with the GI and are produced
within the designated geographical area can use the GI label.
• Promotion: India has taken steps to promote and market products bearing geographical
indications. The goal is to create awareness and recognition of these products, boost
their market value, and support the local economies of the regions involved.
• Examples: India has numerous products with geographical indications, reflecting the
country's diverse culture and geography. Some examples include Darjeeling tea,
Alphonso mangoes, Kanchipuram silk sarees, and more. These products are known for
their unique qualities and are associated with specific regions in India.
Geographical Indications play a significant role in preserving and promoting traditional
knowledge, culture, and heritage associated with specific regions. They offer protection to
producers and help consumers make informed choices based on the quality and authenticity of
products linked to a particular geographic origin.
Intellectual Property (IP) is a critical component of modern economies and plays a pivotal role
in driving innovation, creativity, and economic growth. The importance of intellectual property
rights (IPRs) and their protection can be summarized in several key points:
• Incentive for Innovation and Creativity: IPRs provide creators, inventors, and
innovators with exclusive rights to their creations, inventions, and ideas.
• Fostering Economic Growth: By protecting IP, countries can attract investment,
encourage entrepreneurship, and create jobs in industries such as technology,
entertainment, pharmaceuticals, and more. IP often represents a substantial portion of a
nation's GDP.
• Promoting Competition: IPRs also encourage competition by protecting the rights of
innovators and creators. In a competitive market, the promise of exclusive rights for a
limited period encourages other players to develop alternative, improved, or
complementary products or services.
• Consumer Confidence: Intellectual property protection ensures the quality and
authenticity of products and services. Consumers can have confidence that a product
with a trademark or copyright, for example, meets certain quality standards and is not
a counterfeit or pirated version.
• Technological Progress: Patents and other IP rights disclose valuable technical
information to the public, contributing to the dissemination of knowledge and further
technological progress. Inventors share their discoveries in exchange for temporary
exclusivity.
• Cultural Preservation: Copyright and related IP rights protect the cultural heritage of
a society by providing incentives for the creation and dissemination of artistic and
cultural works. This preservation of cultural diversity and expression is essential for the
enrichment of societies.
• Global Trade and Investment: Intellectual property rights facilitate international trade
and investment. Companies often rely on IP protection when expanding into global
markets, as it provides security for their investments and assets.
• Licensing and Collaboration: IPRs enable licensing and collaboration agreements,
allowing creators and innovators to monetize their IP by granting others permission to
use, manufacture, or distribute their intellectual property. This can lead to the
development of new products and technologies.
• Protection Against Infringement: IPRs provide legal remedies against those who
infringe on intellectual property rights. This includes seeking injunctions, damages, and
other legal actions against individuals or entities that unlawfully copy, use, or profit
from protected IP.
• Long-Term Value: Intellectual property can have enduring value. Patents, copyrights,
and trademarks can be valuable assets for individuals, businesses, and even
governments. They can be bought, sold, or licensed, contributing to wealth and
investment opportunities.
Review Questions:
1. Discuss briefly Patents, Copyrights, Trademarks and Geographical Indications
2. Define Intellectual Property and Intellectual Property rights
3. What is a Patent? What are the criteria of patentability?
4. Define Copyrights and its characteristics
5. List the Nature and Characteristics of Intellectual Property
6. Describe the Intellectual Property System in India.
7. Define Intellectual Property and Provide two examples of Intellectual Property Rights.
8. Explain the Kinds of Intellectual Property Rights with Examples
9. Define intellectual property in research. Explain different types of intellectual property
10. What is Patent Act 1970? Explain its characteristics
11. What is Copyrights Act 1957? Explain its characteristics
12. Explain TRIPS and TRIMS
13. Describe the Applications and Procedure of WIPO
14. List the features covered under TRIPS
15. Enumerate the features of Industrial Designs under Design Act 2000
16. List the common Features of Patents