The document discusses various types of intellectual property rights (IPRs) including patents, geographical indications, copyrights, trademarks, industrial designs, trade secrets, and layout designs of integrated circuits (ICs). It provides details on the scope, subject matter, criteria and duration of protection for each type of IPR. Key points covered include what constitutes an invention for patents, ownership of geographical indications, rights conferred by copyrights, purpose of trademarks, registrability of designs, and protection of trade secrets and IC layouts as undisclosed information.

1. Scope and Application of IPRs
Karan Veer Singh

2. 
Intellectual property right is intangible;
but it can be used as tangible
economic asset once a legal title (IPR)
is obtained over such IP.

3. •
Patents
•
Geographical Indications
•
Protection of Plant Varieties and Farmer’s
Rights
− Animal Biodiversity/ Genetic Resources: Access,
Benefit Sharing
•
Copyrights
•
Trademarks / Collective Marks
•
Industrial Designs
•
Trade Secrets
•
Layout Designs of ICs

4. What is patent?
 Right on First Disclosure on an Invention
Why Patents?
 Knowledge Generation
 Stimulation of Creativity
 Technology Transfer

5. 
Prevents direct copying of invention

Prevents others from patenting your inventions

Makes competitors find other solutions

Enables Patentee to license the invention

Enables industry to know about new inventions
& make

new products
Facilitates in locating inventors to seek knowhow

Facilitates Technology Transfer

6.  Invention
Invention means a new product or process
involving an inventive step and capable of
industrial application

7. Discovery
Invention
Discovery is
coming across the
things that are
already there
An invention is
something which
has been created
by Someone
*Watson & Crick
discovered DNA
chain
*Marconi invented
radio

8. Agricultural / horticultural method e.g method of
cultivation of Algae or Mushroom or animals
Business method or software
Mere arrangement or re-arrangement of parts of a
device each functioning independently of each other.
Method of diagnosis, treatmentof humans/animals
Invention relating to Atomic Energy.

9. An invention which is frivolous or which claims any thing obviously
contrary to well established natural laws.
An invention, the primary or intended use or commercial
exploitation of which could be contrary public order or morality or
which causes serious prejudice to human, animal or plant life or
health or to the environment.
The mere discovery of a scientific principle or the formulation of an
abstract theory or discovery of any living thing or non living
substances occurring in nature.

10. The mere discovery of any new property or new use for a
known substance or of the mere use of a known process,
machine or apparatus unless such known process results
in a new product or employs at least a new reactant.
Any process for the medicinal, surgical, curative,
prophylactic, diagnostic therapeutic or other treatment of
human beings or any process for a similar treatment of
animals to render them free of disease or to increase their
economic value or that of their products.
Plants and animals in whole or any part there of other than
micro organisms but including seeds, varieties and species
and essentially biological processes for production or
propagation of plants and animals.

11. A mathematical or business method or a computer programme
per se or algorithms

A literary, dramatic musical or artistic work or any other
aesthetic creation whatsoever including cinematographic works
and television productions.
 A mere scheme or rule or method of performing mental act or
method playing game.
 A presentation of information.
 Topography of integrated circuits
 An invention which in effect, is traditional knowledge or which
is an aggregation or duplication of known properties of
traditionally known component or components

12.  Invention
which must
Be a new product or process (novel)
Have an inventive step (non obvious)
Be capable of industrial application
Be sufficiently disclosed in the specification

13.  Invention
should NOT be
Published in India or elsewhere
In prior public knowledge or prior public use within India.
Claimed before in any specification in India or elsewhere.

14. A
feature of invention that involves technical
advancement as compared to existing knowledge
or having economic significance or both and that
makes invention not obvious to a person skilled in
the art.

15.  Invention
should be capable of being made or
used in an industry to result some tangible
technical results.

16. •
A geographical indication is a name or sign
used on certain products, which corresponds
to a specific geographical location or origin
(eg. a town, region, or country).
•
The use of a GI may act as a certification that
the product possesses certain qualities, or
enjoys a certain reputation, due to its
geographical origin.

17. The whole community, which belongs to that
particular region owns the GI
- Property of the community, unlike trademark which is
a traders property
- To exclude unauthorized persons from misusing GI
- Quality and reputation owing to a place of origin

18. Registration of a geographical indication
 remains valid for a period of 10 years
 Not granted to individuals
 It’s
a national property (Association,
Authority, Organization)
e.g. Tea Board, Coffee Board, Spice Board
It can be renewed from time to time for
further period of 10 years each


23. Protection as undisclosed information
(Parental Lines of Hybrids).
 Protection by way of Registration/ Grant under
the Law

◦
◦
◦
◦
Patent (Utility/ Standard Patent)
Plant Patent
Plant Variety Protection
UPOV system: Plant Breeder’s Right

24. Sui generis protection
◦ A TRIPS’ Obligation [TRPS Art. 27.3 (b)]
◦ Plant Variety Right - essentially – UPOV 1978, 1991
◦ Farmers’ Right – optionally – PPV&FR Act (Indian
Law)

25. 
An exclusive right to produce, reproduce,
publish and inform work in all ways known and
possible

It is right to copy and make use of literary,
dramatic, musical and artistic works and
cinematograph films and sound recordings


.
Main criteria of copyright registration is its
originality

26. Royalty-Valued as one of the components of
goodwill a copyright owner gets as consideration
for the assignment rights
 Taxable
 Movable property


27. •The
general rule is that copyright lasts for 60
years
•literary,
dramatic, musical and artistic works –
60 year period is counted from the year
following the death of the author
•Cinematograph
films, sound recordings,
photographs, works of government and works
of international organizations – 60 year period
is counted from the date of publication

29. A trade mark is a distinctive sign or indicator of
some kind which is used by an individual or
business organization to uniquely identify the
source of its products and/or services to
consumers
• Connotes, quality, reputation, goodwill and
distinctiveness
• Provides a thrust to the trader to market goods with
confidence
• Infuses in trader/service provider a new spirit in trade

30. •
A trademark enables a customer to distinguish
the product of one manufacturer from the
other.
•
The trademark becomes an effective
instrument to attract customers and by its
proper use, the trademark acquires goodwill of
customers
•
Compels the attention of the customers
•
Ensures consistency in quality of goods &
services

31. A trade mark can comprise a name, word,
phrase, logo, symbol, design, image, or a
combination of these elements & It should be
ORIGINAL
Examples: AMUL,

32. The term of a trademark is ten (10) years from
filing date
It can be renewed further after every ten(10)
years

34. 

Design refers to the 2- or 3- dimensional drawing
delineating features of
– Shape
– Configuration
– Pattern
– Ornamentation
– Compositions of lines or colors

Applied to any article in 2-d or 3-d or in both

forms, and are judged solely by the eye.

Applied to an article for its manufacturer

35. •
Appearance and shape of the product is
registered as design
•
Trademark is a label attached to the product
•
Appearance i.e. design promotes marketability
of product
•
Registered design provides legal cover against
copy-cats

36. 
Novelty: Novelty is judged solely by eye w.r.t.
external appearance of the finished Article

Absolute Novelty– i.e. Not publicly known or
use in India or elsewhere

37. Design of Mechanical Cow for
composting
Design of Aqua Ferti-Seed Drill

39. A trade secret is a formula
, practice, process, design, instrument, patter
n, or compilation of information which is not
generally known or reasonably ascertainable,
by which a business can obtain an economic
advantage over competitors or customers
 In some jurisdictions, such secrets are
referred to as "confidential information“

Example- Coca Cola, Pepsi etc.

40. 
Integrated circuit layout , also known IC
layout, IC mask layout , or mask design, is the
representation of anintegrated circuit in terms of
planar geometric shapeswhich correspond to the
patterns of metal, oxide, orsemiconductor layers that
make up the components of the integrated circuit.
Layout view of a simple CMOS
Operational Amplifier