INTRODUCTION OF

INTELLECTUAL PROPERTY
RIGHTS

PRESENTED BY:

MS. PRERNA GULATI

SENIOR ASSISTANT PROFESSOR
IDEAL INSTITUTE OF MANAGEMENT AND TECHNOLOGY
 INTRODUCTION

With the ever-changing technology and shrinking world

boundaries, the term “Intellectual Property” is coming to be
used more often than ever. From tech companies, such as
Samsung, Apple and Google to Biotechnology enterprises such
as Monsanto, everyone is vigil about protecting their
Intellectual Property. Therefore, it becomes important to
understand what Intellectual Property is and what are the
rights that individual acquire as their Intellectual Property
rights.
 WHAT IS INTELLECTUAL PROPERTY

• Intellectual Property refers to the creations which are made using the
mind skills of individuals. This includes a variety of creations such as
literary works, technological inventions, performances, traditional
practices etc. These can be broadly divided into two categories:
a) Intellectual property used for protecting industrial inventions such as
Patents, Trademarks etc.
b) Intellectual property used for protecting literary interests such as
copyright, related rights etc.
 WHAT ARE INTELLECTUAL
PROPERTY RIGHTS
• Every individual who creates a literary work or invents an industrial
technology is vested with certain rights such as the exclusive right to such
literature or invention, right to gain monetary benefits from such
intellectual property. All such rights that accrue to a person from the
creation of intellectual property are known as Intellectual Property Rights.
• Intellectual Property Rights can be held by an individual or a company.
Generally, rights pertaining to literary works are held by an individual and
industrial inventions are held by companies. But there are exceptions to
this argument as well.
TYPES OF INTELLECTUAL
PROPERTY
 COPYRIGHT
• Copyright is the rights which are granted to the creators of creative
works. Creations such as literary works (literature, poetry, and non-
fiction) and artistic works (paintings, music) are protected under
Copyright laws. Newspapers, as well as architecture designs, are protected
by copyright laws as well.
• It also protects rights which originates out of such creative creations. They
are known as Related Rights. These are rights which have been accrued
due to the availability of the copyrighted content. Some examples of
related rights are right of an artist to their performances, rights of a music
producer to the digital rendition of their music etc.
• Copyrights can be held by individuals as well as companies. Unlike
other forms of Intellectual Property, the Copyright holders enjoy the
rights in his creation for the lifetime. Even after their death,
Copyright continues to exist for a period of 60 years depending upon
the jurisdictions. In such a scenario, the holder of the Copyright
exercises controls over the Copyright.
• Related rights, on the other hand, don’t enjoy such duration of
protection as Copyright does. Subject to the jurisdiction related
rights are generally valid for a period of 60 years from the date of
performance or broadcast.
• Unlike the other types of Intellectual Property,
Copyright holders are not required by the law register
their creations as they are automatically protected
under the Copyright laws from being exploited of their
creative creations. But there do exist laws that allow
the creators the option of registering their creations
with the concerned authorities.
• In India, the grant of copyright is governed by the
Copyright Act, 1957.
 FILING APPLICATION FOR COPYRIGHT

• Section 9 of the Copyright Act requires for establishment of an office to be called

the Copyright Office for the purpose of the Act. The Copyright Office is to be under
the immediate control of a Registrar of Copyrights to be appointed by the Central
Government, who would act under the superintendence and directions of the
Central Government.
• The Copyright Office is currently located at the following address:
Boudhik Sampada Bhawan,
Plot No. 32, Sector 14, Dwarka,
New Delhi-110078
Telephone No.: 011-28032496
 PATENTS
Patents are the rights that are granted to an individual for
the invention of a product or a process that offers a new way
of solving a problem or for doing something. The main test
for the grant of a patent is the novelty of the invention. An
individual claiming a patent for his invention is required to
show that his invention new. It adds to the technology that is
already in existence in the field of his invention.
• A Patent is granted for a fixed period of time. After the term
period of a patent expires, it becomes free to use for the
general public without paying any fees for it. Different
countries have different term periods for which a patent is
valid. The term for a standard patent in India, United States
of America, Europe, and China is 20 years.
• Other countries such as Canada, Japan, and Australia have
different term period for different types of patents.
• In India, the grant of patents is governed by the Patents Act,
1970.
 PATENT APPLICATION FILING
PROCEDURE
• Indian patent offices are located at Delhi, Kolkata, Mumbai and
Chennai. The patent application has to be filed in the appropriate
office based on your/your company’s location.
• Office : New Delhi
• Address: Intellectual Property Office,Intellectual Property Office
Building, Plot No. 32, Sector 14, Dwarka, New Delhi-110075,
• Phone : 011-28034304, 28034305 28034306, FAX:011- 28034301,02
• Email: delhi-patent@nic.in
 TRADEMARK
•A trademark is a distinctive mark by which the identity of a
manufacturer, producer or service provider is known. These can be in the
form of a logo, sign or written name. The recent trends have seen that
form of packaging can also be trademarked. A trademark helps the
consumer to associate a certain standard of quality to his products which
can be easily relied upon by the consumer while choosing the products in
an open market.
• Trademark is granted for a certain term period. But unlike patents, a
trademark can be renewed for as long as the owner wants by paying
renewal fees in the concerned office. Both, as well as companies, can have
trademarks.
• Trademarks are country-specific i.e. they protect the identity of a
company only in the country in which it has been filed. But this can be
circumvented by organizations such as the World Intellectual Property
Organisation (WIPO) which has an international registration system
for trademarks.
• In India, the grant of Trademarks is governed by the Trademarks Act,
1999.
 WHERE TO FILE AN APPLICATION FOR
TRADEMARK

Office of Controller General of Patents, Designs & Trade

Marks:
Boudhik Sampada Bhawan,
Plot No. 32, Sector 14, Dwarka,
New Delhi-110078
Phone: +91-11-25300207
Email: nrmeena.ipo@nic.in
 INDUSTRIAL DESIGN
• Industrial design refers to the visual aspects of a product that cannot be protected
by a patent. It can be a surface or a three-dimensional design. It should be non-
functional in nature i.e. it shall be purely in the nature of aesthetics and not utility.
Product form a wide category such as technical instruments, medical instruments,
garments, ornaments etc. can be protected under Industrial Design.
• Tobe eligible for protection, the Industrial Design shall be new i.e. no similar
design shall exist in the market. Some examples of Industrial designs are Coca
Cola Contour bottle, iconic VW Beetle car and most recently the round-edged
design of an iPhone which was the subject matter of a lawsuit between technology
giants Apple and Samsung.
• In India, the Industrial Design is governed by the Industrial Design Act, 2000.
 WHERE TO FILE INDUSTRIAL DESIGN
APPLICATION

• The Application along with the required documents must be submitted

to the Design Wing of the Patent Office in Kolkata or to any branch office
of the Patent Office in Delhi, Mumbai or Chennai.
• Any person who desires to register a design is required to submit the
following documents to the Design Wing of the Patent Office at
"Intellectual Property Office", CP-2, Sector V, Salt Lake, Kolkata -
700091 or any of the Branch Offices of the Patent Office at Delhi, Mumbai
and Chennai. The applications received by the Branch Offices shall be
transmitted to Patent Office, Kolkata for processing and prosecuting.
 GEOGRAPHICAL INDICATION
• Geographical Indications indicates the place from where a product originates from.
Such products have certain traits that can be found in the products that originate
from that particular geographical location. The traits can be due to the natural
conditions that prevail in that region such as Tuscany Olive oil or they can be due
to certain skill traits that the workers of that region have such as chikankari work
done on garments made in Lucknow.
• For products that can be produced in a specific region only, an “Appellation of
Origin” geographical indication is used. It indicates that product with such GI can
be produced only in that part of the world and not anywhere else owing to the
special geographical condition of that place. Some example of such products is
“Bordeaux Wine” for wine produced in the Bordeaux region of France and
“Basmati Rice” for rice produced in India.
 WHERE TO FILE AN APPLICATION

• The applicant must have an address for service in India. Generally,

application can be filed by (1) a legal practitioner (2) a registered agent.
• Address:
Geographical Indications Registry
Intellectual Property Office Building, Industrial Estate, G.S.T Road, Guindy,
Chennai – 600 032
Phone: 044 – 22502091-93 & 98, Fax: 044 – 22502090
E-mail:gir-ipo@nic.in, Website: ipindia.gov.in
 INTERNATIONAL PERSPECTIVE:

INTERNATIONAL REGIME OF
INTELLECTUAL PROPERTY LAWS AND
ITS IMPORTANCE IN TRADE
International Regime of Intellectual Property Laws

Today, trade and commerce in any commodity takes place at

a global platform. Intellectual property is no exception to
this. Therefore before looking at intellectual property and
trade, we must first understand the legal regime that
governs intellectual property and the protection of this
intellectual property. This regime is what acts the base for
any trade, be it international or national, of intellectual
property.
a) The Paris Convention on the Protection of Industrial Property-
• This convention was concluded in 1883. It was the first international instrument to
cover patents on industrial innovations.
b) The Berne Convention for the Protection of Literary and Artistic Works-
• Three years after the Paris Convention, the Berne convention was established to cover
copyright,
c) Madrid Agreement Concerning the International Registration of Marks
• Having dealt with some form of international protection for patents as well as
copyright, there was felt a need for the protection of trademarks at the global level as
well. Accordingly, the Madrid Agreement dealing with trademarks was concluded five
years after the Berne Convention.
• These three agreements even today can be said to cover the major principles of
protection of the principal categories of intellectual property.
d) The Bureaux Internationaux Réunis pour la Protection de la Propriété
Intellectuelle (BIRPI)
• This was a larger umbrella organization, which encompassed within
itself the three Conventions as mentioned above. Eventually In the year
1893; in the post-World War II era this evolved into World Intellectual
Property Organization (WIPO), based in Geneva.
e) World Intellectual Property Organization (WIPO)
• WIPO is the modern day international body dealing with the regulation
of intellectual property. It became a formal part of the United Nations
system in 1974.
Focus of WIPO
• The major focus and aim of WIPO can be encapsulated into the following-
• a) The establishment and development of the best intellectual property
standards- The aim of WIPO is to get its member nations to agree upon norms
that are of as high a standard as possible, which must also ideally be consistent
and coherent.
• b) The development of a balanced and effective international intellectual
property (IP) system that enables innovation and creativity for the benefit of all.
• When we talk about the trade related aspect of WIPO, it has to be noted that,
unfortunately, international trade concerns and issues have never been the focus
of WIPO – it has taken a back seat due to other agendas.
f) TRIPS Agreement
• The Agreement on Trade-Related Aspects of Intellectual Property Rights
(TRIPS) is an international legal agreement between all the member nations of
the World Trade Organization. When it comes to trade and intellectual property,
this is the most relevant and comprehensive Agreement. It came intoeffect on 1st
January. The Agreement contains minimum standards in relation to intellectual
property. Countries that are party to the agreement must make efforts to
implement these standards, and in fact can provide more protection than is
prescribed.
• It is to date the most comprehensive multilateral agreement on intellectual
property2 which can be gauged by the varied intellectual property by it
Copyright, trademarks, geographical indications, industrial designs; patents,
layout-designs of integrated circuits; and undisclosed information which covers
trade secrets and test data.
International Trade and Intellectual Property

• Intellectual property rights are extremely important to the competitiveness of

the various post-industrial economies. The TRIPS Agreement for the first time
led to a worldwide agreement on the issues which intersect between
intellectual property and trade. Intellectual property has finally been
accepted as an area to which internationally-recognized rules and
disciplines apply. Protection and enforcement of these rights are critical to
many global industries, including research based pharmaceuticals, whose
livelihood and ability to contribute to the world depend upon innovation.
• Scope of intellectual property protection as a trade issue within various industries-
• Computer software: The illegal piracy and distribution of computer software (primarily
an intellectual property) worth crores of rupees is a major issue that is threatening the
required heavy investment. Without this heavy investment, there is hardly any
innovation.
• The Pharmaceutical industry: This is again another industry which also must carry high
front-end R&D expenses. However, there are so many countries with such ineffective drug
protection that it becomes almost impossible to enter and sustain in those markets.
• Publication, production etc.: Inadequate protection of copyright rights leads to a definite
chilling effect on publishers, producers, composers, and authors who see their material
infringed without repercussions.
• This is also applicable to retailers who end up losing a lot of valuable business to the
pirates.
• The threats of inadequate protection: Due to inadequate protection of
intellectual property such as trademarks in a number of countries, the
fraudulent marketing of substandard and dangerous counterfeit items like
automobile replacement parts, agricultural chemicals etc.is encouraged,
• The products and services that should be protected by intellectual property
law account for a significant portion of trade, and inadequate protection
today plays a major distorting role in world trade. This is all the more
troublesome at a time when trade imbalances are already threatening
existing open marketplaces.
• Therefore, we can see that there is an intricate relationship between trade
and intellectual property.
 Importance of Intellectual Property in
Trade

"I oppose piracy and want to see intellectual

property protected because that is what
fosters and rewards innovation."
• Intellectual property protection is crucial in fostering international trade. International
trade refers to the exchange of goods and services across borders. This increasing
exchange of goods across the world has led to the emergence of a virtual global market
which comprises of almost all countries, and survives on a robust trade system and
friendly trade relations between nations. For obvious reasons, businesses are eager to
tap into this market, which has led to it becoming extremely competitive. Access to new
markets has become easier now than it ever was. In order for businesses to survive in
this cutthroat environment, an extremely strong domestic and international regime for
the protection of all kinds of intellectual property becomes essential.
• Considering intellectual property while trading has many benefits. It ensures that you
maintain exclusivity for your products and provides an opportunity to stop imitators. It
also helps in avoiding infringement upon other's Intellectual Property rights.
• Apart from this, even the product specifications of the original product were
given even though the local product did not meet those specifications. As an
obvious result of this, the customers were misled. However, the company did not
have any patents registered in China. It could only rely on claims of copyright
infringement on their brochure artwork and infringement of the Anti‐Unfair
Competition Law in relation to the false claims on the brochure. The company
then engaged a local law firm to send a warning letter to the competitor which
led the competitor to change the photographs and some of contents of the
brochure. The company was left with but no legal basis to force them to change
the appearance of their product
• Therefore, we can clearly see that the importance of intellectual property when
it comes to trade cannot be undermined.
MODULES
 MODULE 1. COPYRIGHT LAWS IN
INDIA

By - Prof. (Dr.) Alka Chawla, Associate

Professor, Campus Law Centre, University
of Delhi
• Copyright is a form of intellectual property protection granted under
Indian law to the creators of original works of authorship such as 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.
• Copyright refers to a bundle of exclusive rights vested in the owner of copyright by virtue
of Section 14 of the Act. These rights can be exercised only by the owner of copyright or by
any other person who is duly licensed in this regard by the owner of copyright. These
rights include the right of adaptation, right of reproduction, right of publication, right to
make translations, communication to public etc.

Copyright protection is conferred on all Original literary, artistic, musical or dramatic,

cinematograph and sound recording works. Original means, that the work has not been
copied from any other source. Copyright protection commences the moment a work is
created, and its registration is optional. However it is always advisable to obtain a
registration for a better protection. Copyright registration does not confer any rights and is
merely a prima facie proof of an entry in respect of the work in the Copyright Register
maintained by the Registrar of Copyrights.
• Indian copyright law is at parity with the international
standards as contained in TRIPS. The (Indian) Copyright Act,
1957, pursuant to the amendments in 1999, 2002 and 2012, fully
reflects the Berne Convention for Protection of Literary and
Artistic Works, 1886 and the Universal Copyrights Convention,
to which India is a party. India is also a party to the Geneva
Convention for the Protection of Rights of Producers of
Phonograms and is an active member of the World Intellectual
Property Organization (WIPO) and United Nations
Educational, Scientific and Cultural Organization (UNESCO).
MODULE 2. IPR ISSUES IN DIGITAL DOMAIN-
DIGITAL DOMAIN, CYBER PIRACY, INTERNET,
E-BOOK, E-JOURNAL
By- Dr. M. Shakthivel, Assistant Professor, GGSIP
University, Delhi
Digital makes life easy, but raises IPR challenges
• With the advent of technology, a new kind of robbery has now
started doing the rounds of the legal world. Online piracy is truly a
menace to the cyber world. The problem is all the more prevalent
in India, especially when it comes to piracy in the movie industry.
Since India produces more than 1000 movies per year, the cases of
online piracy are always on the rise. Online copyright
infringement is done not just by people with ill-intention, but also
people who are not even aware they are committing a crime.
• Copyright is a kind of intellectual property right which gives the original
creator of the material (movies, songs) the right to get paid. These creators
are also given control of the distribution of their product.
• Piracy basically occurs when a person copies, distributes or even sells a
material, without the express permission of the creator of that product.
Such distribution and sales online can lead to a huge loss of revenue and is
a hard thing for the original creators to go through. The problem is all the
more enhanced because several people are either unwilling or unable to pay
the right sum of money for it. Piracy is a form of online copyright
infringement, wherein games, movies, software, etc are sold and distributed
without the knowledge or permission of the original creator.
There are essentially 5 types of online piracy:
• Counterfeiting: Counterfeiting refers to the illegal sale or distribution of duplicates
original copyrighted materials.
• Internet Piracy: Internet piracy refers to the illegal download/upload of movies,
software, games for free. Usually, there should be a legal purchase made to use
copyrighted material. However, in case of internet piracy, software and other copyrighted
materials are made available for free download.
• End-User Piracy: End-user piracy refers to the illegal copying, reproduction, and usage of
copyrighted materials without proper authorization.
• Client-Server Overuse: Client-server overuse refers to the form of piracy where a central
program is being used by too many people at the same time, without any license.
• Hard-Disk Loading: Hard disk loading refers to illegal loading of copyrighted software
on the hard disks of new computers. This is usually done to boost up sales.
 MODULE 3: INTRODUCTION TO
INTERNATIONAL IP PROTECTION
By - Dr. Yogesh Pai, Assistant Professor,
NLU Delhi
• Intellectual
property (IP) refers to creations of the mind, such as
inventions; literary and artistic works; designs; and symbols,
names and images used in commerce.
• IP is protected in law by, for example Patents, Copyrights and
Trademarks, which enable people to earn recognition or financial
benefit from what they invent or create. By striking the right
balance between the interests of innovators and the wider public
interest, the IP system aims to foster an environment in which
creativity and innovation can flourish.
MODULE 4: LAW RELATING TO PATENTS
IN INDIA
By - Mr. Abhishek Chandra Mishra, Managing
Partner, Mishra and Mishra (Attorneys and
Solicitors)
• Patent, is a legal document granted by the government giving an
inventor the exclusive right to make, use, and sell an invention for a
specified number of years. Patents are also available for significant
improvements on previously invented items.

The goal of the patent system is to encourage inventors to advance the

state of technology by awarding them special rights to benefit from
their inventions. Books, movies, and works of art cannot be patented,
but protection is available for such items under the law of copyright.
Patent law is one branch of the larger legal field known as intellectual
property, which also includes trademark and copyright law.
• Patent law centers round the concept of novelty and inventive step (or lack of
obviousness). The right which they accord is to prevent all others, not just
imitators but even independent devisors of the same idea from using the invention
for the duration of the patent. The special potential of a patent is accordingly that
it may be used to prevent all others from including any form of invention in their
product and services. A patent thus poses serious difficulties for its competitors.
This is why patents are not freely available for all industrial improvements but
only what is judged to qualify as a patentable invention.
• The history of Patent law in India starts from 1911 when the Indian Patents and
Designs Act, 1911 was enacted. The present Patents Act, 1970 came into force in
the year 1972, amending and consolidating the existing law relating to Patents in
India. The Patents Act, 1970 was again amended by the Patents (Amendment) Act,
2005, wherein product patent was extended to all fields of technology including
food, drugs, chemicals and micro-organisms.
• After the amendment, the provisions relating to Exclusive Marketing Rights
(EMRs) have been repealed, and a provision for enabling grant of
compulsory license has been introduced. The provisions relating to pre-
grant and post-grant opposition have been also introduced.

• An invention relating to a product or a process that is new, involving

inventive step and capable of industrial application can be patented in
India. However, it must not fall into the category of inventions that are non-
patentable as provided under sections 3 and 4 of the (Indian) Patents Act,
1970. In India, a patent application can be filed, either alone or jointly, by
true and first inventor or his assignee.
MODULE 5: IP LITIGATION AND DISPUTE
RESOLUTION
By - Mr. Harjot Singh, Director, Twinwood Law
Practise Ltd., Birmingham, U.K.
 • The use of alternative dispute resolution (ADR) procedures –
• The use of alternative dispute resolution (ADR) procedures –
mediation, arbitration and expert determination – to settle
mediation, arbitration and expert determination – to settle disputes
disputes
between between
private private
parties parties
outside outsidehas
the courts theacourts has a long
long tradition in legal
tradition
systems aroundin legal systems around the world.
the world.
• IP litigation and dispute resolution is one of the emerging
• IP litigation and dispute resolution is one of the emerging trend in the
trend in the field of Intellectual Property practice. When
field of Intellectual Property practice. When disputes arise, businesses
call disputes arise,
law firms andbusinesses
independentcall law firms and who
practitioners independent
are specialized in
practitioners
dispute resolutionwhoprocess
are specialized
to protectin dispute
their resolution
IP rights process
and defend
infringement
to protect claims.
their IP rights and defend infringement claims.
• IP and related disputes have distinctive characteristics. With the
globalization of trade and the increasingly international creation and
exploitation of IP, these disputes often span multiple jurisdictions and
involve highly technical matters, complex laws and sensitive
information. In these circumstances, parties often look for flexible
dispute resolution processes that can be customized to their needs and
that enable them to control the time and cost of proceedings. The 2013
WIPO International Survey on Dispute Resolution in Technology
Transactions revealed that the ability to limit the time and cost of
proceedings were top priorities when selecting dispute resolution
options.
 Module 6: TRADEMARKS LAWS
By - Dr. Shikha Sharma, Assistant Professor,
University of Delhi
• Prior to statutory enactment of regulations governing
trademark law and practice in India, the proprietary rights
vested in a trademark were protected through common law
principles and principles of equity. Majority of Indian Laws
owe their origin to English Laws which were substantially
subsumed while formulating Laws for the Indian subcontinent
prior to Independence. The passing of the English Act, 1875,
which provided for the protection of trademarks in England
prompted passing of a similar Bill in India.
• The need for a law exclusively addressing trademark practice and procedure in
India was again sought for in the 19th century which eventually materialized
into the Trademark Act, 1940. The Trademark Act, 1940 predominantly
reflected the provisions incorporated in the UK Trademark Act, 1938.
Subsequently, in the wake of ensuing trade and commerce development, the
Trademark Act, 1958 was passed to address the lacunae being witnessed in the
Trademark Act, 1940. The Trademark Act, 1958 also consolidated the
provisions associated with trademarks in the Indian Penal Code, Criminal
Procedure Code and Sea Customs.
• The Trademark Act, 1958 was thereafter repealed by the Trademark Act, 1999
which at present governs trademark law and practice in India. The Trademark
Act, 1999 was enacted with the intent to revise the Act in congruity with latest
developments witnessed in trading and commercial practices, rapid
globalization and for harmonization with International trade laws.
Some of the epoch- making inclusions in the Trademark Act,
1999 inter alia include:
• Provision was made for trademark registration in respect of
services in addition to goods;
• Statutory protection was extended to well-known trademarks;
• Widened the scope and purview of ‘trademark’ in India;
• Provision for registration of ‘collective marks’;
• Incorporated provision to prevent use of trademark as a corporate
or trade name by third party.
 Module 7: GEOGRAPHICAL
INDICATIONS
By- Dr. Payal Jain, Sr. Assistant Professor,
IIMT, Delhi
• Geographical indications means any indications which define
the goods as originating in the territory of a country or a
region or locality in that territory, provided a given quality
reputation or other characteristics of the product are
attributable to its geographical origin. this means that the
geographical indications has to indicate that a product of a
particular origin has a certain quality or reputation or some
other characteristics, which is essentially attributable to its
geographical origin.
• Geographical indications are, for purposes of the TRIPS Agreement, a type of
intellectual property ("IP"). "Geographical Indications," ("GIs") are defined,
under Article 22(1) of the TRIPS Agreement, as "indications which identify a good
as originating in the territory of a Member, or a region or locality in that territory,
where a given quality, reputation or other characteristic of the good is essentially
attributable to its geographic origin." Geographical indications are valuable to
producers from particular regions for the same reasons that trademarks are
valuable. First, they are source; identifiers; they identify goods as originating in a
particular territory, or a region or locality in that territory. Geographical
indications are also indicators of quality they let consumers know that the goods
come from an area where a given quality, reputation or other characteristic of the
goods is essentially attributable to their geographic origin. In addition, GIs are
business interests? GIs exist solely to promote the goods of a particular area.
Finally, for purpose of the TRIPS Agreement, GIs are intellectual property, eligible
for relief from acts of infringement and/or unfair competition.
• Geographical indications are used to indicate the regional origin of
particular goods, whether they are agricultural products or
manufactured goods; provided that those goods derive their particular
characteristics from their geographic origin. Any producer who meets
the standards set by the GI owner can use a GI. In the United States, the
owner of a GI can be any legal entity be it a government, an association
of producers, or even an individual.

The registration of geographical indications confers certain rights on the

registered proprietor and the authorized user and they can institute suit
for infringements of geographical indications.
• In India some of the examples of geographical indications are:
# Basmati Rice
# Darjeeling Tea
# Kanchipuram Silk Saree
# Alphanso Mango
# Nagpur Orange
# Kolhapuri Chappal
# Bikaneri Bhujia
# Agra Petha
# Malabar pepper
 MODULE 8: DESIGN LAWS IN INDIA
By- Ms. Anukriti Gupta, Assistant Professor,
IIMT, Delhi
• In our day to day life, we encounter various objects which we can
recognize by observing their design. Products which are artistically
designed can grab the attention of the customer the moment they see
it. These designs can take the form of Art, drawings, graphics etc.
These designs may be created by professionals which includes
engineered designs or architectures blueprints for any property,
interior designs etc.
• The term ‘design’ does not include any procedures such as mode of
construction of an article. Earlier this Act was governed by Design
Act, 1911. So as to bring the Design Act at par with International Law
enactment of the new act came into being. Presently, design laws are
maintained by the Design Act, 2000.
• Intellectualproperty laws in India cover the rights related to trademarks,
copyrights, patents, designs and geographical indications of goods. The basis
of this Act was ‘first to file, first to get’ system which means that an
innovator or owner of any design should file an application to register the
same as soon as possible to prevent it from piracy and for claiming certain
rights over that particular design.
• Earlier this Act was governed by the Design Act, 1911. In order to bring the
Design Act at par with the International law the enactment of the Design
Act, 2000 took place. So, presently the design laws are regulated by
the Design Act of 2000. It is an Act to consolidate and amend the law relating
to the protection of designs. It was published in the Gazette of India and
came into force on 12.05.2000. This Act is a complete code in itself and is
statutory in nature. It extends to the whole of India.
MODULE 9: INTELLECTUAL PROPERTY
LAWS AND COMPETITION LAW
By- Dr. Vijay Aggarwal, Vice President,
Competition Law Bar Association, Delhi
• Competition law and intellectual property law has different occupied
field and enacted to cater distinct objectives. There is a dire need to
understand the smooth functioning of the both the laws. Competition
law regulate those practices which has anti-competitive effect on
market and thus hampering the smooth functioning of the market. On
the other hand, IPR talks about the exclusive monopoly right to the
holder. The non-excludable character that has been created by IPR that
causes deadlock between the two essentially which creates interface
between two respective laws. Thus, it creates a tussle between the IPR
and Competition laws which needs to be resolved cordially.
• IPR is usually used as a tool to create exclusive monopoly rights to the holder and
thus deterring other players from offering the products in the same market which
reduces competitiveness in the market and led to creation of conflict between
objectives of both the law. IPR is based on the concept of reward theory means the
reward the inventor who has disclosed to the society at large which further intensifies
the bone of contention. However, by observing the objectives there is an undisputed
opinion that both the laws promote consumer welfare and innovation. Competition
law is enacted to avoid the misuse of the monopoly power granted under the statute
which is widely traced in different before enacting such legislation to control abuse of
monopoly power. The Competition Act, 2002 has widely accepted the intentions of
IPR while framing provisions and it does not eliminate the dominance achieve by an
individual due to such Intellectual Property Rights. Thus, a balanced approach is
required to harmoniously construct both the statute and to clarify much upon that
different jurisdictional opinion has to be taken into consideration.
MODULE 10: INTELLECTUAL PROPERTY
AND ENVIRONMENTAL LAW
By - Mr. Shashikant Yadav, (Researcher, Dundee
University, Scotland)
• Intellectual property in the WTO is known as “TRIPS” — trade-related
aspects of intellectual property rights.

The links between the TRIPS Agreement and the environment are complex and
many of the issues involved are contentious. Discussions on these issues are
mainly taking place in the TRIPS Council and in consultations on “outstanding
implementation issues” — a set of concerns that developing countries and others
have raised about the implementation of the present WTO agreements.

These discussions now come under the 2001 Doha ministerial mandate. The
Doha Ministerial Declaration mandated the Trade and Environment Committee
to look at the relevant provisions of the TRIPS Agreement.
• Since then, the committee’s discussions have mainly revolved around the relationship
between the WTO TRIPS Agreement and the Convention on Biological Diversity
(CBD).
• On this, three main views have been expressed in the Trade and Environment
Committee. A group of developing countries, with wide support from other developing
countries, have reiterated their proposal on amending the TRIPS Agreement to require
patent applications to disclose the source of biological materials (and any traditional
knowledge) used in the inventions. The aim is twofold:
• to avoid patents being issued for inventions that are not genuinely new (“erroneous
patents”)
• tohelp ensure that inventors have complied with countries’ regulations on receiving
permission to access the biological resources and on sharing the benefits with the
owners of those resources.
• Some others take the view that the case has not been made and that such
a proposal is either necessary or appropriate in achieving the shared
objectives in this area, which can be most effectively realized in other
ways without involving the patent system.

In between these two positions, support has been expressed for a more
limited patent disclosure requirement at the international level, restricted
to the origin or source of genetic material and related traditional
knowledge and without substantive implications for patentability.
 MODULE 11: INTELLECTUAL PROPERTY
RIGHTS AND HUMAN RIGHTS
By- Chief Guest Prof. (Dr.) Manoj Sinha, Director,
Indian Law Institute, Delhi
• The Intellectual Property Rights, as the name suggests, are the rights
given to an inventor or the creator as a reward

# For creating or inventing something new as a result of his own intellect

and importantly.

# To benefit the Society out of that invention.

The Human Rights are the rights which are given to the Human Beings, not
as a matter of chance or choice but as a matter of his being a human. They
are the rights ensuring the basic survival of the Human Beings.
• Now, if we consider out the nature of Intellectual Property Rights with
reference to the Human Rights then we found that:
# Intellectual Property Rights are non-fundamental Human Rights,
# Open to State interference to fulfil Human Rights obligations.
• Thus, the Human Rights and the Intellectual Property Rights are the two
domains of Law that have evolved independently. Intellectual Property
Rights consist of statutorily recognized Rights, providing incentives for the
participation of the private sector in various fields and seek to contribute to
technological development. On the other hand, Human Rights are the Basic
Rights, which are recognized by the State, and are inherent Rights linked
to human dignity.