SVCE TIRUPATI

COURSE MATERIAL

INTELLECTUAL PROPERTY RIGHTS

SUBJECT
(IT20AMC501)

UNIT 1

COURSE B.TECH

DEPARTMENT IT

SEMESTER 3-2

Dr. Y. MADHAVI
PREPARED BY Associate Professor
(Faculty Name/s)

Version V-5

PREPARED / REVISED DATE 02-10-2022

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TABLE OF CONTENTS – UNIT 1

S. NO CONTENTS PAGE NO.
1 COURSE OBJECTIVES 1
2 PREREQUISITES 1
3 SYLLABUS 1
4 COURSE OUTCOMES 1
5 CO - PO/PSO MAPPING 2
6 LESSON PLAN 2
7 ACTIVITY BASED LEARNING 2
8 LECTURE NOTES 3
1.1 INTRODUCTION 3
1.2 OBJECTIVES OF INTELLECTUAL PROPERTY 3
1.3 TYPES OF INTELLECTUAL PROPERTY 4
1.4 PATENTS 5
1.5 TRADEMARKS 6
1.6 COPYRIGHTS 8
1.7 TRADE SECRETS 10
1.8 INTERNATIONAL ORGANIZATIONS, AGENCIES & TREATIES 11
1.9 WHY IPR? 12
1.10 IMPORTANCE OF IPR 12
9 PRACTICE QUIZ 14
10 ASSIGNMENTS 15
11 PART A QUESTIONS & ANSWERS (2 MARKS QUESTIONS) 15
12 PART B QUESTIONS 16
13 SUPPORTIVE ONLINE CERTIFICATION COURSES 16
14 REAL TIME APPLICATIONS 16
15 CONTENTS BEYOND THE SYLLABUS 16
16 PRESCRIBED TEXT BOOKS & REFERENCE BOOKS 17
17 MINI PROJECT SUGGESTION 17

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1. Course Objectives
The objectives of this course is to
1. To understand the differences among Copy rights, Patents and Trade marks.
2. To Know about the purpose and functions of intellectual property.
3. To introduce the student to the basics of Intellectual Property Rights
4. To understand the laws relating to IP.

2. Prerequisites
Students should have knowledge on
1. Law relating to IPR
2. Types of Intellectual Property Rights

3. Syllabus
UNIT 1
Introduction to Intellectual Property: Introduction, Types Of Intellectual Property,
International Organizations, Agencies And Treaties, Importance Of Intellectual Property
Rights.

4. Course outcomes
On completion of this course, the students will be able to
CO1. To understand the differences among Copy rights, Patents and Trade marks
CO2. To Know about the purpose and functions of intellectual property
CO3. To Introduce about Copy Right and laws related to it.

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5. Co-PO / PSO Mapping
Machi
PO PO PO PO PO PO PO PO1 PO1 PSO PSO
ne PO5 PO8 P10
1 2 3 4 6 7 9 1 2 1 2
Tools
CO1 3 3 2 2
CO2 3 3 2 2
CO3 3 3 2 2
CO4 3 3 2 2
CO5 3 3 2 2

6. Lesson Plan
LECTURE
WEEKS TOPICS TO BE COVERED REFERENCES
NO.
1 INTRODUCTION T1
2 1 OBJECTIVES OF INTELLECTUAL PROPERTY T1, R1
3 TYPES OF INTELLECTUAL PROPERTY T1, R1
4 PATENTS T1, R1
5 TRADEMARKS T1, R2
6 2 COPYRIGHTS T1, R1
7 TRADE SECRETS T1, R1
8 INTERNATIONAL ORGANIZATIONS, AGENCIES & TREATIES T1, R1
9 3 WHY IPR? T1, R1
10 IMPORTANCE OF IPR T1, R1

7. Activity Based Learning

1. CASE LAWS
2. AIR Reports

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8. Lecture Notes

Introduction to Intellectual Property: Introduction, Types Of Intellectual Property,

International Organizations, Agencies And Treaties, Importance Of Intellectual Property
Rights.

OUTCOME OBJECTIVE
After studying this unit the student can understand the differences among Copy rights,
Patents and Trademarks.

UNIT OBJECTIVE
• Introduction
• Objectives of intellectual property
• Types of intellectual property
• Patents
• Trademarks
• copyrights
• Trade secrets
• International organizations, agencies & treaties
- Why IPR?
• Importance of IPR

Introduction

Any rights over creations of the mind or products of the intellect are known as intellectual
property rights. For instance, if someone composes a piece of music, then he or she can
be thought to have used their intellect and innate talent to create the artwork and hence,
they are entitled to have rights over their creation. Similarly, when someone codes an app
or software which is similarly a work of their intellect, then the law provides for provisions
wherein the individuals who have created the software or the app can have rights over its
distribution, licensing, and sale. Of course, to qualify for protection under the existing
intellectual property regime, the creator has to conclusively prove that the creation is his
or hers and they have not lifted the idea or the process from someone else or have not
copied their creation from an existing piece of intellectual property.

The Objectives of IPR

The stated objective of the existing IPR regime is to ensure that the creator is encouraged
to produce more and create more by protecting his or her creations from copying and
imitation and hence, place him or her in a position wherein they can commercially gain
from their creations. The intention is to ensure that the artist, composer, scientist,
developer, and engineer as well as anyone who has created a work of the mind is

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incentivized to profit monetarily from their creations thereby encouraging the progress of
society.

Criticism of IPR

In other words, as the creators contribute to society through their creations, the IPR laws
ensure that they continue to do since society tends to benefit from such creations. Havin g
said that, it must be noted that there are instances where the IPR laws are criticized by
some as being tilted towards the interests of the developed countries. The best example of
this aspect are the patents over pharmaceuticals which under the law prohibit anyone
else from producing those drugs thereby giving a virtual monopoly to the Pharma Majors
who have patents over them. This usually makes the drug companies price their products
in a manner as to shut out the poor in the developing countries since the Pharma
companies want to not only recoup their investments made in the R&D (Research and
Development) but also want to ensure that they make profits.

Types of Intellectual Property Rights (IPRs)

The intellectual property rights cover the musical, literary, artistic, inventions and
discoveries, and even designs, artworks, phrases, words, and symbols. Indeed, it can be
said that IPR (Intellectual Property Rights) encompass any work of the mind and hence,
the ambit of the works that are covered is indeed growing by the day considering the fact
that the 21st century has witnessed an explosion in the number of products that are
creations of the intellect.
There are several types of IPR and some of them are trademarks, patents, copyright, trade
secrets, and rights over industrial designs. Without elaborating in detail on these types of
IPR since this article is intended to be an introductory primer, it needs to be mentioned
that with the growing trend of IPR theft and violations wherein the chances of stealing and
lifting as well as copying and imitating the works of others has become rampant, an entire
industry of lawyers, legal experts, and legal firms are engaged in advising their clients
about the nuances of filing for protection under IPR laws and suing imitators and violators
as the need arises.

 Patent
 Trademark
 Copyright
 Trade Secret

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Patent
A patent is an exclusive right granted to the inventor, to exclude others from using his
invention in any manner without his permission. It is pertinent to note that this invention
can either be a product or a process, that encompasses a novel or innovative solution
and that the same is industrially applicable.
In other words, a person may create a new product, having features different from any
other available product or an innovative process, or finds a new creative solution — he
may then file an application before the national Patent Office to register a patent in his
name. After the Patent Office, on following the procedure, registers the patent in the name
of the inventor, he becomes the owner or patent holder. The patent is granted only after
the Patent Office is convinced that the invention sought is new, non-obvious and
industrially applicable.
Since the rights are granted only to the registrant, they create a monopoly for him over
the subject matter of the patent in the country their patent gets granted in. Once the
patent is registered, it is valid for a period of 20 years.
It is through registration of a patent that the inventor can bear the fruits of his creative
mind and receive benefits, which may or may not be limited to monetary gains alone.
Once the patent is registered in the name of the patent holder, no other person can
commercially manufacture, use, distribute, import or sell the subject of that patent without
the authority of patent holder. In the event of unauthorized usage or infringement, the
patent holder can enforce his rights in a court against the infringer. On one hand, the
registration helps in keeping a check on the exclusive rights, on the other hand, it also
empowers the patent holder to grant a license of his invention to any third party as per the
mutually agreed terms. The registrant may also benefit from assignment or sale of his
invention to a third person, who can become the owner of that patent after the legal
formalities are complied with.
On the expiry of the period of registration of a patent, its exclusivity is terminated and the
invention enters into the public domain. Thereafter, the invention can be commercially
exploited by any person without requiring permission or authority from the patent holder.
Patents are usually classified into three broad categories as per the protection accorded
to patents: Utility, Design, and Plant Patents.

Different Types of Patents

Utility Patent
Utility patents refer to those patents in which the functional aspect of the patent is
protected, i.e. how the invention works. It is the most common of all the categories. Under
utility patents, the subject matter may include new and useful machine, process,
compound, or any improvement of any existing machine, process or compound. These
patents can be further divided into electronic, chemical, software, mechanical or any
other field depending on the invention.

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Design Patent
Design patents refer to the patent on appearance, shape or configuration of the object. It
is important that this new design must be an integral part of that object.

Plant Patent
Plant patents, as the name indicates, refer to patent to protect a new and different variety
of a plant. In this case, the plant should be able to reproduce using grafting of cutting of
that plant, which is also termed as asexual reproduction.
Now, let us try to understand the key differences in these types of patents with an
example:
A person ‘X’ invents a new procedure in which a new variety of flower-bearing plants can
be grown indoors without using soil or manure or seeds in a particular cylindrical box. The
inventor X can thus file 3 patent applications.
Firstly, he can file a utility patent for this new process in which the plant is grown. The
subject matter will be ‘how to grow plant’ for this application.
Secondly, X can file a plant patent for the new variety of plant which he has created and
that the same can grow without any seed. The subject matter for the application will be a
‘new class of flower-bearing plant’.
Thirdly, X can file a design application for that particular cylindrical box for its peculiar
features, wherein the plant can grow roots without any soil. The subject matter for this
application will be ‘box in which plant grows’.
Thus, it is aptly clear that for holistic protection, inventor X should file applications for all
the three categories of patents. This will ensure that no other person can infringe hi s novel
find in any manner.
Patent protection not only helps the inventor to enjoy the benefits of his research in
creating a new product or process, but it also helps the economy grow. It fuels technical
know-how in the world and further promotes creativity and knowledge sharing.

Trademark

A trademark is a distinctive sign which helps the consumers in identifying the source of
particular goods or services. It can be in the form of text, word, numeral, phrase, symbol,
design, signature, smell, shape, color, sound, packaging, texture or combination of any of
these elements.
The intent behind a unique trademark is that the consumer can associate the specific
mark with the manufacturer of goods or service providers in case of services. It helps in
ensuring the customers that the goods are of a certain quality and type. It also creates
goodwill or reputation for that manufacturer or service provider. e.g. when a consumer
looks at a new product with this symbol below, he can easily understand that the
particular product belongs to Apple Inc. This is the power a symbol can create and earn
goodwill for the trademark owner.

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Similar to the aforementioned example, the trademarks can vary.

Say, a designer may prefer to use his own name as a trademark like DOLCE & GABANNA,
whereas a family name TATA is used for branding by the Tata group of companies.
Symbols also gain importance like the golden arches symbol of McDonald’s or the check
pattern of BURBERRY. The triangular shape of the chocolate is registered for TOBLERONE.
The registration for color ‘purple’ was granted to CADBURY’S. The three-not sound of
YAHOO!’s yoodle is also a registered mark. Even the shape of a building can be
registered as in the case of Mumbai’s landmark hotel Taj in the name of The Indian Hotels
Company Limited.
Unlike patents, a trademark is not protection for only one product or process. It can be
done for a set or class of products or services. This system of classification of trademarks in
particular classes was established by an agreement in the Nice Diplomatic Conference
held in the year 1957 and is known as the International Classification of Goods and
Services for the Purposes of the Registration of Marks. It is also termed as ‘NICE
Classification’. It comprises of a total of 45 classes, wherein from classes 1 to 34 cover
goods and classes 35 to 45 cover array of services. Currently, the 11th edition of
classification is being followed by all the signatory countries.
Now, if a mark is registered in a particular class in the name of one trademark owner, the
same mark can be registered for a different set of goods in another person’s name. E.g.
Nike Inc. is the owner of well-known ‘NIKE’ mark for shoes, clothing and sporting
equipment. Whereas, Nike Corporation has registered the mark ‘NIKE’ for hydraulic lifting
jacks and other heavy machinery. However, a company or an individual may protect his
mark in all classes if he chooses to do so.
Trademark is a territorial right, which means that this right is restricted by the geographical
boundaries of a country. E.g. the trademark ‘APPLE’ is not registered in the name of Apple
Inc. in China.
Thus, it is wise to choose a mark that is fanciful or arbitrary and cannot be easily confused
with an existing mark. This would ensure that the mark gets registered without any
objections from the Trademark Office or oppositions from a third party using a similar or
identical trademark. In case, a person chooses a mark which is similar to an existing
registered mark, with the malicious intentions to ride on the reputation of that particular
mark, the owner of the prior registered mark can file a case against him.

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E.g. if a third party is allowed to register the mark CHANEL and sell clothing under the
same brand, then the customers may believe that it is the same as the original one. This
would cause damage to reputation as well as monetary losses to the registrant. Therefore,
the Courts, while determining the losses caused to the registrant, do consider how much
amount of profits was made by the infringer and what was the amount of damage caused
to the registrant.
A trademark application must be filed before the Trademark Office of the country in
which the mark needs to be protected. The applicant must also correctly choose the
goods or services he intends to cover for that particular trademark. It is also important that
the trademark is registered in associated classes of business.

Source: CartoonStock.com
Once a trademark is registered in the name of a registrant, it always remains in his name
and unlike patents, this right does not expire. The only requirement is the submission of a
renewal application with the requisite fees before the term period ends.

Copyright

Copyright refers to the rights granted to creators, authors, artists, and composers for their
‘original’ creative work or to performers, artists, and broadcasters for the related rights.
Like patent laws, copyright is also a monopolistic right. Copyright gives exclusive right to
sell, publish and reproduce, any literary, musical, dramatic, artistic or architectural work
created by the author.
Thus, the kinds of works which are covered by copyrights are innumerable and include
books, stories, novels, poems, plays, newspapers, magazines, advertisements, movies,
computer programs, databases, musical compositions, songs, choreography, videos,
paintings, drawings, photographs, sculpture, architecture, maps and technical drawings.

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However, it is pertinent to note that copyright covers only ‘tangible’ forms of creations and
not mere ideas. E.g. you have an idea about writing a fiction book based on the story of
two estranged lovers. You have not written any manuscript yet, but you narrate the story
to a colleague in office, who using the same structure as your idea creates a play. He
writes the script of the play and registers it under Copyright. In this case, though the idea
was originally yours, you did not create any tangible from it, so the idea cannot be
treated as an infringement.
In the same example, had you written your story before narrating it, then the copyright
law would have tilted in your favor as the tangible form was achieved. It does not matter
whether you publish the story or not. Your rights as author commence as soon as you pen
down the story.
The Berne Convention held in the year 1886 recognized copyrights as legal rights for the
signatory countries. It also emphasized that copyrights for the creative works do not have
to be asserted or declared (i.e. registered). The copyrights are automatically in force at
the creation of the work in the name of the author, who may or may not register his/her
work. The author is also automatically entitled to all copyrights in the derivative works
unless and until the author explicitly disclaims them, or until the copyright expires. Thus,
filing a copyright application for the work and obtaining registration for the same merely
helps in providing evidentiary value to the work created.
Copyright on the work also encompasses the derivative rights related to the same. An
example to understand the same: An author writes a poem about his dreams. He has the
exclusive rights to publish and sell this poem. In addition to this, he also has the right to
perform this poem in any adaptation, say a musical composition. Further, his rights also
include rights to display his creation in the manner of his choice. Suppose he writes the
same poem on canvas and displays the same in a gallery. In this scenario, the author has
rights over poems, musical composition, and painting.
Now, what if he cannot paint on his own and authorizes his employee to paint a canvas
based on his poem. Depending on the contract with that employee, the copyright of the
canvas may or may not remain with the author. If it was a work on hire, then the
copyrights subsist with the original author.
Thus, like other IPRs, the copyright helps to generate financial benefits for the creators or
authors of work by selling them, publishing it, performing the same or transferring the rights
of the work to any other person.
At times, there tends to be an overlap between copyrights with other forms of IPR. It is
necessary to understand the differences and protect the IPR correctly. In the case of
computer software, the copyright does start once the code is written. However, it can be
a subject matter of patent if it creates a new process that is novel and original. Similarly, in
case of a slogan or a logo, the sentence or picture, as the case may be, cannot be
befittingly protected under copyright, but only under trademark laws.
Copyrights, like trademarks, are territorial rights and certain requirements may vary from
country to country. As regards the term for registration of a copyright, it is like patent,
where after the term comes to an end or expires, the work moves to the public domain. In
the US, the copyright created by an individual lasts for the life of the author, and an
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additional 70 years. Whereas, in case of works created anonymously, pseudonymously
and for hire, the protection lasts for 95 years from the date of publication or 120 years from
the date of creation, whichever is lesser.

Trade Secret

Trade secrets are an important aspect of IPR law. As the name suggests, it refers to the
secrets of a business, which helps it gain an economic advantage over others. In case the
trade secret is leaked, the business may suffer numerous losses and irreparable damage
to reputation. Trade secrets can be in the form of confidential information, data, formula,
composition, process, design, method or compilation or combination of one or more,
which should remain with the business alone.
Trade secrets are accorded protection without any registration. Unlike patents, where all
the claims and processes enter the public domain as soon as the patent application is
filed, it is not possible to follow the same process with trade secrets. A formidable
example of the same is the recipe of Coca-Cola. It is a fact that the recipe of Coca-Cola
was never patented, as it would cause the recipe to be leaked. The officials of Coca-Cola
are so particular about it that it is said that the two employees who know the recipe, only
know one half of it each and no one knows the recipe as a single piece of information.

Article 39 of the Agreement on Trade-Related Aspects of Intellectual Property Rights or the

TRIPS Agreement defines key aspects of a trade secret as:
1. The information must be secret,
2. It must have commercial value, and
3. It must have been subject to reasonable security by the rightful holder to ensure the
secrecy of information.
Since each and every business has trade secrets, which may vary in form, but are
essential for their operations and commercials, the countries have specific laws to accord
protection to trade secrets and the procedure to handle its breach.
In the majority of cases related to leakage of trade secrets, it has been observed that the
company did not have proper procedures and systems to check the security or the
employees who caused it. If a business owner employs proper precautionary measures, it
would ensure that there is no loss of trade secrets. Some of the precautions may be:
1. Ensure that the trade secret is stored in a safe and secure manner by deploying
physical as well as electronic security,
2. Restrict access to the trade secret to only those individuals who must need to know
that information,
3. Follow the measures of marking confidential information,
4. Draft and enforce non-disclosure and confidentiality agreements with all
employees, vendors or third parties,
5. Assess risks to trade secret breaches and action mitigation plan accordingly,
6. Establish procedures and policies in the system by design, to ensure the security of
trade secrets,
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7. Conduct awareness sessions and training for employees,
8. Conduct exit interviews with employees leaving the business to ensure the return of
all confidential information,
9. Establish due diligence and on-going third-party management policies and
procedures,
10. Monitor the action plan and improve it, as and when required.
The cyber-attackers or hackers are always eyeing the trade secrets to blackmail the
businesses. The case of hacking of scripts of episodes of Games of Thrones is an example
in this regard. However, even after the attack, the producers were able to pull off
monetary gains only with the proper use of their IPRs.

International Organizations, Agencies and Treaties

Some of the important international treaties related to intellectual property rights, of which
India is a member, are as follows:

Berne Convention for the Protection of Literary and Artistic Works

Adopted on September 9, 1886 at Berne and entered into force on December 4, 1887. This
Convention on Copyrights rests on three basic principles – national treatment, automatic
protection and independence of protection; it also contains a series of provisions
determining the minimum protection to be granted. It came into force in India on April 1,
1928.

Convention Establishing the World Intellectual Property Organization (WIPO)

Adopted on July 14, 1967 at Stockholm and entered into force on April 26, 1970. WIPO was
established under this Convention with two main objectives - to promote the protection of
intellectual property worldwide and to ensure administrative cooperation among the
intellectual property Unions established by the treaties that WIPO administers. India
became a member on May 1, 1975.

Agreement establishing the World Trade Organization (WTO)

Adopted on April 15, 1994 at Marrakesh and entered into force on January 1, 1995. WTO
was established to provide the common institutional framework for the conduct of trade
relations among its Members in matters related to the agreements and associated legal
instruments. India became a member to this agreement on January 1, 1995.

World Trade Organization (WTO) agreement on Trade-Related Aspects of Intellectual

Property Rights (TRIPS Agreement)
Adopted on April 15, 1994 at Marrakesh and entered into force on January 1, 1995. The
TRIPS agreement covers various types of intellectual property and provides guidelines for
minimum standards for protection, procedures and remedies for enforcement of IPR rights
and for issues related to dispute settlement. India became a member on January 1, 1995.
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Paris Convention for the Protection of Industrial Property
Adopted on March 20, 1883 at Paris and entered into force on July 7, 1884. It provides
basic guidelines for the protection of industrial property (patents, utility models, industrial
designs, trademarks, service marks, trade names, indications of source or appellations of
origin, and the repression of unfair competition) and has substantive provisions for national
treatment, right of priority and common rules. This treaty came into force in India from
December 7, 1998.

Patent Cooperation Treaty (PCT)

Adopted on June 19, 1970 at Washington D.C. and entered into force on January 24, 1978.
It facilitates patent protection for an invention simultaneously in a large number of
countries; it came into force in India from December 7, 1998

Budapest Treaty on the International Recognition of the Deposit of Micro-organisms for the
Purposes of Patent Procedure
Adopted on April 28, 1977 at Budapest and entered into force on August 19, 1980. It
provides guidelines for the deposition of micro-organisms with any "international
depositary authority" for the purpose of patent procedures. This treaty came into force in
India from December 17, 2001.

Protocol Relating to the Madrid Agreement Concerning the International Registration of

Marks:
Adopted on June 27, 1989 at Madrid and entered into force on December 1, 1995. The
Madrid Agreement facilitates the registration of trademarks outside India; it came into
force in India from July 8, 2013.

Why Intellectual Property Rights?

The intellectual property rights were essentially recognized and accepted all over the
world due to some very important reasons. Some of the reasons for accepting these rights
are:-
a. To provide incentive to the individual for new creations.
b. Providing due recognition to the creators and inventors.
c. Ensuring material reward for intellectual property.
d. Ensuring the availability of the genuine and original products

Importance of Securing Intellectual Property Rights

The Entrepreneurs Get to Keep Their Ideas.

When you have a great idea for a product or service, there will always be people who will
want to duplicate your success and sell your ideas as their own. Depending on individual
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circumstances, you can use patents, trademarks, or copyrights – all of which cover
different areas of intellectual property. This way, you can prevent competitors from using
your ideas for their own profit without your consent. Intellectual property (IP) protection
applies to businesses of all sizes; even huge corporations have had their ideas infringed
upon and have made multi-million dollar lawsuits; just look at the on-going disputes
between Apple and Samsung over their smartphones.

The Business Can Profit from its Innovative Ideas

Ideas on their own have little value or no value. Intellectual property (IP) has great
untapped potential to turn your ideas into commercially successful goods and services.
Registering your patients and copyright can result in a steady stream of royalty and extra
revenue, which can improve the overall business bottom line.

Protection of Small Businesses

If you are a small business, it’s very important to protect any unique products or services
that you own. Otherwise, competitors can use your success to take away market share,
resulting in slow growth or loss of revenue. Losing market share early on in a business’s
development can be devastating and time-consuming if trying to chase up the guilty
party without any legal protection. It’s important to remember that no one else will check
to see if your intellectual property has been infringed; it’s your responsibility to ensure that
no one else is using your assets.

Securing Unique Ideas and Creations

When any person has a unique idea or creation, there will always be people who will try
to replicate that idea or creation for monetary gains. Hence, you must secure your IP
assets before they are illegally infringed by any third party. All kinds and sizes of
businesses can protect their unique ideas under Intellectual Property (IP) rights. So, after
analyzing the business need and circumstances, a person can decide which Intellectual
Property Protection (trademark, copyright, or patent registration), can be used for
covering different areas of Intellectual Properties

Export Opportunities for the Business Increases

Intellectual Property also increases the competitiveness of a business in the export

market. An IP right holder can use these brands or designs for marketing the goods and
services in foreign countries. Additionally, they can seek franchising agreement with the
overseas firm, or export the patented goods.

Rewards and Encouragement for Entrepreneurs

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Intellectual Property (IP) rights incentivize entrepreneurs to keep pushing for new
advances in the face of adversity. It also facilitates the free flow of information by sharing
the protected know-how critical to the original, patented invention. In turn, this process
leads to new innovations and improvements to existing ones.

Conclusion

Thus, it can be said that Intellectual property (IP) protection is critical to fostering
innovation. Without the protection of ideas, businesses and individuals would not reap the
full benefits of their inventions and would focus less on research and development.
Similarly, anyone can steal artists’ ideas hampering their valuation and cultural
identification. IP laws help innovative technologies prosper and successfully reach masses
by protecting their ownership. No doubt, intellectual property (IP) Rights are indispensable
and all countries must have poignant laws for protecting them.

9. Practice Quiz

Unit-I
1) …............... is the property which is the result of thought (intellectual activity) (c)
a) Real property b) personal property
c) Intellectual property d) All the above
2) In some foreign countries Intellectual property referred as …………………… (a)
a) Industrial property b) Intellectual property
c) Real property d) Personal property
3) USPTO stands for United States Patent and Trademark Office
4) Trade secret is a type of intellectual property.
5) is an agreement under international law entered into by sovereign states
and international organisations. (c)
a) convention b) agency
c) treaty d) protocol
6) WIPO stands for World Intellectual Property Organisation.
7) The Berne convention is created to protect........................ (d)
a) literacy works b) artistic works
c) patents d) both a and b
8) Paris convention based on the principle of ...................... (a)
a) reciprocity b) national treatment
c) standardization c) none
9) Madrid protocol facilitates international registration of. ............. (b)
a) patents b) trademarks
c) copyrights d)trade secrets
10) TRIPS administrated by. .................. (a)
a) WTO b) NAFTA
c) WIPO d) INTA
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10. Assignments
S.No Question BL CO
1 Give a brief note on evolution of Intellectual Property 2 1
2 Explain about the types of Intellectual Property 3 2
Give a brief note on international organizations, agencies and
3 2 1
treaties responsible for Intellectual Property registration.
Explain about the federal registration of copy rights, trademarks
4 2 2
and patents.
Write about the increasing importance of Intellectual Property
5 3 1
Rights
6 Give a brief note on evolution of Intellectual Property 3 2

11. Part A- Question & Answers

S.No Question& Answers BL CO

1 Define Intellectual Property Rights ?
Define Intellectual Property Rights. means patents, inventions,
trade marks, service marks, logos, design rights (whether
registerable or otherwise), applications for any of the foregoing,
copyright, database rights, domain names, trade or business 1 1
names, moral rights and other similar rights or obligations
whether registerable or not in any country (including but not
limited to the United Kingdom) and the right to sue for passing
off.
2 Define Patent
A patent is an exclusive right or rights granted by a government
to an inventor for a limited time period in exchange for the
1 1
public disclosure of an invention. Examples of classes of patents
include business method patents, software patents, biological
patents and chemical patents.
3 Define Trade mark
A trademark is proprietary and is usually registered with the
Patent and Trademark Office to assure its exclusive use by its 3 2
owner or licensee. a distinctive mark or feature particularly
characteristic of or identified with a person or thing
4 Define Copy right
Copyright is a type of intellectual property that gives its owner
the exclusive right to make copies of a creative work, usually 3 1
for a limited time. The creative work may be in a literary, artistic,
educational, or musical form. Copyright is intended to protect
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the original expression of an idea in the form of a creative work,
but not the idea itself.
5 What is Trade Secret?
Trade secrets are a type of intellectual property that comprise
formulas, practices, processes, designs, instruments, patterns, or
compilations of information that have inherent economic value 1 1
because they are not generally known or readily ascertainable
by others, and which the owner takes reasonable measures to
keep secret.

12. Part B- Questions

S.No Question BL CO
1 Give a brief note on international organizations, agencies and 4 1
treaties responsible for Intellectual Property registration.
2 Discuss about types of Intellectual Property Rights. 2 2
3 Outline the significance of IP Law 2 1
4 Write about the increasing importance of Intellectual Property 3 1
Rights
5 Explain about the federal registration of copy rights, trademarks 3 2
and patents.

13. Supportive Online Certification Courses

1. Intellectual property Law specialist course by Asian School of Cyber.
2. Nalsar IPR course.

14. Real Time Applications

S.No Application CO
1 Process and technology selection 1
2 Embedded systems Applications 2
3 IPR infringement and abuse claim 1
4 IPR petitions 3

15. Contents Beyond the Syllabus

 IP management software
 Artificial intelligence
 IPR litigations
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 Internet Of Things

16. Prescribed Textbooks and Reference books:

Text Book:
1. Intellectual property rights, Deborah. E. Bouchoux, Cengage Learing.

Reference Book:
1. Intellectual property rights – Unleashmy The Knowledge Economy, Prabuddha
Ganguli, Tata Mc Graw Hill Publishing Company Ltd.,

17. Mini project suggestion:

PG Diploma Intellectual Property Laws

Cyber Security courses
Udemy courses
Judiciary online courses
Study on IPR litigations

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