1. Intellectual Property Law

2. What is Intellectual property?
Property is ownership of any asset
Property can be
Moveable Property
Immoveable property
Intellectual property
It is a creation of the mind

3. Characteristics of Intellectual property
Creation of human mind (Intellect)
Intangible property
Exclusive rights given by statutes
Attended with limitations and exceptions
Time-bound
Territorial

4. Definition of Intellectual Property
“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.”

5. Major Intellectual properties
Copyright and Related Rights
Industrial Property
Patents
Industrial Designs
Trade Marks
Geographical Indications
Layout Designs/Topographies Integrated Circuits
Trade Secrets
Protection of New Plant Varieties

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

7. Patents- An overview Inventions are subject matter of patents.
The Patents Act, 1970 deals with the patenting of inventions
A person claiming to be an inventor, applies to the controller of Patents, for patent rights.
If the application is successful, the person gets a patent right for a certain number of years
During this period nobody can use the invention without the permission of that person.

8. A Patent is a monopoly right in the use of the invention.
Not all inventions can be patented.
The person in whose favour the patent is granted is called the patentee.
The patentee will have the exclusive right to make, use, exercise sell or distribute the invention in India.
Any use without a license or authorization from the patent holder is an infringement.
The patent holder can move the court to restrain the violator and claim damages.

9. What can be patented? What is an invention and what can be patented?
An invention has been defined as “a new product or process involving an inventive step and capable of industrial application.
Hence an idea to qualify for an invention, the three requisites are :
Novelty
Non obviousness
Usefulness

10. WHAT CANNOT BE PATENTED?
An invention which is frivolous or which claims anything obviously contrary to well established natural laws
Machine giving more than 100% performance
Perpetual motion machine
Newton’s laws of gravitation
The mere discovery of a scientific principle or the formulation of an abstract theory or the discovery of a living thing.
The mere discovery of a new property or the new use of a known substance.
A substance obtained by a mere mixture resulting in aggregation of properties
The mere arrangement / rearrangement or duplication of known device

11. What cannot be patented
A machine whose primary or intended use or commercial exploitation of which could be contrary to Public order or morality or which causes serious prejudice to human, animal or plant life or health or to the environment :
Gambling machine
device for house-breaking
Biological warfare material or device
Terminator gene technology
embryonic stem cell

12. What is not patentable ?
Mere Discovery of a Scientific Principle or Formulation of an Abstract theory
or discovery of any living thing or non–living substance occurring in nature
Discovery adds to the human knowledge by
disclosing something ,not seen before, whereas,
Invention adds to human knowledge by suggesting an action resulting in a new product or new process
e.g. Archimedes Principle, Superconducting Phenomenon as such – not patentable , However,
An apparatus /method for technological application may be patentable

13. What is not patentable
A substance obtained by mere admixture resulting only in the aggregation of the properties of the components thereof or a process for producing such substance, e.g.
Paracetamol (Antipyretic) +Brufen (analgesic) = A drug (antipyretic & analgesic)
A soft drink that is only a mixture of sugar and some colorants in water
But, a mixture resulting in synergistic properties of mixture of ingredients may be patentable e.g
Soap, Detergent, lubricant.

14. Mere arrangement or re-arrangement or duplication of known devices, each functioning independently of one another in a known way
for example -.
A Bucket fitted with torch,
An Umbrella with fan
A Clock and radio in a single cabinet
A flour-mill provided with sieving

15. Method of Agriculture or Horticulture e. g. Cultivation of algae ,
Producing new form of a known plant,
preparation of an improved soil
However, Agricultural Equipment's
are patentable

16. Non-patentable
A literary, dramatic, musical or artistic work or any other aesthetic creation including cinematographic work and television productions
These subject-matters fall under the copy-right protection
A mere scheme or rule or method of performing mental act or method of playing game
Examples –
Scheme for learning a language , Method for solving a crossword puzzle, Method of learning a language, Method of teaching /learning - Not patentable
Novel apparatus for playing game or carrying out a scheme – patentable

17. Trademark
A name of an enterprise or a Mark capable of being represented graphically, distinguishing the goods or services of one person from those of others e. g., LUX, Godrej, TVS ,Telco, 555, APPLE
Trade Mark can be -
sign , words, letters, numbers,
drawings, pictures, emblem,
colours or combination of colours,
shape of goods,
graphic representation or packaging or
any combination of the above
as applied to an article or a product.

18. How to register a trade mark?
Trademarks are registered with the Controller General of Patents, Designs and Trademarks
Registration is made after examination and publication
Period of registration is for 10 years but can be renewed indefinitely

19. CUTS Training Programme 14 Jul 11
WELLKNOWN MARKS
Coca Cola for soft drink
Toblerone (Triangular-
shaped chocolates)
Trade Names
Godrej- Furniture, Refrigerators, Storewell, Compactor etc
GE- Bulbs
CUTS Training Programme 14 Jul 11

20. What is the function of a trademark?
 Under modern business condition a trademark performs four functions: Ø      It identifies the goods / or services and its origin.
Ø      It guarantees its unchanged quality
Ø      It advertises the goods/services
Ø      It creates an image for the goods/ services.

21. Legal requirements with respect to Trade Marks
The legal requirements to register a trademark under the Act are:           
The selected mark should be capable of being represented graphically (that is in the paper form).
It should be capable of distinguishing the goods or services of one undertaking from those of others.
It should be used or proposed to be used mark in relation to goods or services for the purpose of indicating or so as to indicate a connection in the course of trade between the goods or services and some person have the right to use the mark with or without identity of that person.

22. Copyright
Copyright is granted in case of literary works (including computer programs, tables and compilations including computer databases which may be expressed in words, codes, schemes or in any other form, including a machine readable medium), dramatic, musical and artistic works, cinematographic films and sound recordings. Copyright law protects expressions of ideas rather than the ideas themselves. Under section 13 of the Copyright Act 1957, copyright protection is conferred on literary works, dramatic works, musical works, artistic works, cinematograph films and sound recording. For example, books, computer programs are protected under the Act as literary works.