Introduction

Intellectual Property Rights (IPRs) are the rights associated with intangible
property owned by a person/company and protected against use without
consent. Thus, rights relating to ownership of intellectual property are called
Intellectual Property Rights. These rights aim to protect intellectual property
(creations of human intellect) by allowing the creators of trademarks,
patents, or copyrighted works to benefit from their creations. The Universal
Declaration of Human Rights (UDHR) also refers to intellectual property rights
under Article 27 which states that “Everyone has the right to the protection
of the moral and material interests resulting from any scientific, literary or
artistic production of which he is the author.”

Thus, the purpose of IPR is to reward human intellect by providing exclusive

rights to the creators over their inventions, artistic, musical works, etc.

In this article, the author has discussed the meaning of intellectual property
and intellectual property rights, the international regime of IPR and laws
relating to IPR in India, etc.

Meaning and nature of the intellectual

property
Intellectual property (IP) is an intangible property that comes into existence
through human intellect. It refers to the creations of the mind or the products
of human intellect such as inventions; designs; literary and artistic works;
symbols, names and images used in commerce.
The “Convention Establishing the World Intellectual Property Organisation”
states that “intellectual property” shall include the rights relating to: —

1. literary, artistic, and scientific works,

2. performances of performing artists, phonograms, and broadcasts,
3. inventions in all fields of human endeavour,
4. scientific discoveries,
5. industrial designs,
6. trademarks, service marks, commercial names and designations,
7. protection against unfair competition, and
8. all other rights resulting from intellectual activity in the industrial,
scientific, literary, or artistic fields.
Other categories of intellectual property include geographical indications,
rights in respect of know-how or undisclosed information, and layout designs
of integrated circuits.

Meaning of Intellectual Property Rights

The term “Intellectual Property Rights (IPR)” is used to refer to the bundle of
rights conferred by law on a creator/owner of intellectual property. These are
the rights that a person has over the creations of his mind. They seek to
protect the interests of the creators by rewarding their mental labour and
allowing them to retain property rights over their creations. The creators and
inventors are thus allowed to benefit from their creations. IP rights are the
legal rights governing the use of intellectual property.

Need for legal protection of intellectual

property
The various reasons behind granting protection to intellectual property
through the enactment of suitable Intellectual Property (IP) laws are as
follows:

1. To encourage inventions and creations that promote the social,

economic, scientific, and cultural development of society by
incentivising the creators and allowing them to make economic
gains out of their creations.
2. To provide legal protection to intellectual creations.
3. To prevent third parties from enjoying the fruits of someone else’s
creativity.
4. To facilitate fair trading.
 5. To promote creativity and its dissemination.
6. Giving recognition to the efforts of creators.
7. Preventing the infringement of proprietary rights of creators in their
creations from unauthorised use.
8. To encourage investment of skill, time, finance, and other resources
into innovation activities in a manner that is beneficial to society.

Advantages and disadvantages of Intellectual

Property Rights

Advantages of Intellectual Property Rights

1. IPR protection gives your business a competitive advantage over
other similar businesses.
2. IPR protection allows you to prevent unauthorised use of your
intellectual property and works.
3. IPR enhances the value of your company and also opens avenues for
collaborations and opportunities for generating income such as by
entering into licensing agreements to exploit/work the
invention/work.
4. IPR helps to attract clients and creates your brand value. For
example, the consumers start identifying your products with the
unique logo or registered trademark.

Disadvantages of Intellectual Property Rights

1. You have to incur additional costs for getting IPR protection
including legal costs and other fees.
2. Even after getting the intellectual property right, you might still face
a lot of difficulties in curbing the copying and unauthorised use of
your work. Moreover, sometimes an attempt to enforce IP rights
could lead to a reduction in the consumer base.
3. IP rights aren’t absolute. There are certain limitations and conditions
imposed by law on the exercise of these rights (such as a limited
period of protection and compulsory licensing provisions) in the
interests of the general public.

Components of Intellectual Property Rights

Copyright
The term ‘copyright’ concerns the rights of the creators/authors of literary
and artistic works. A copyright is also called a ‘literary right’ or ‘author’s
right’. Copyright gives an author exclusive rights to his creation and prevents
the copying and unauthorised publishing of his work. Copyright protection
begins at the very moment a work is created and expressed in some tangible
form. Copyright protection is granted to a work that is an original creation.
Also, the protection extends only to expressions. Mere ideas without any
tangible expression are not granted legal protection and do not form the
subject matter of copyright. Copyright protects the following two rights of the
author:

1. Economic rights i.e., the right of the owner to derive financial benefit
from the use of their works by others. For instance, the right to
prohibit or authorise reproduction of the work in various forms, the
right to prohibit unauthorised translation of the work, etc.
2. Moral rights i.e., protection of non-economic interests of the author.
For instance, the right to oppose changes to work and the right to
claim authorship, etc.

What kind of works can be protected under copyright

The following categories of works typically come under copyright protection:

 Literary works such as novels, plays, poems, and newspaper articles;

 Computer programs and databases;
 Films, musical compositions, and choreography;
 Artistic works such as photographs, paintings, drawings, and
sculpture;
 Architecture and advertisements, maps, and technical drawings.
In India, the term of copyright protection extends throughout the lifetime of
the author and then 60 years after his death.

Law relating to copyright in India : the Copyright Act, 1957

The Copyright Act, 1957 is a comprehensive legislation dealing with
copyrights in India. The Act regulates the various aspects relating to
copyright regime in India such as:

 Registration of copyright
 Publication, term of copyright
 Assignment, and licence of copyright
  Special rights of broadcasting organisation and performer’s rights
 Infringement of copyright and remedies thereof
 Establishment of copyright authorities and copyright societies
 International Copyright
The term of copyright protection provided under the Act for the various
categories of works is given below:

1. Literary, dramatic, musical and artistic works: Life of the author plus
60 years after death.
2. Anonymous and pseudonymous works: 60 years from the date of
publication. However, if the identity of the author is disclosed before
the expiry of that 60 years, then the term of protection shall be life
of the author plus 60 years after death.
3. Posthumous works: 60 years from publication.
4. Cinematograph films: 60 years from publication.
5. Sound recordings: 60 years from publication.
6. Government work: 60 years from publication.
7. Works of public undertakings: 60 years from publication.
8. Works of international organisations: 60 years from the publication
of the work.

Copyright infringement
Section 51 of the Copyright Act, 1957 provides for ‘What constitutes
copyright infringement’. Copyright is said to be infringed:
 1. when a person does something that the owner of the copyright has
the exclusive right to do, or permits for profit the use of any place
for the purpose of the communication of the work to the public,
where such communication constitutes an infringement of the
copyright in the work, without a licence or in violation of the
conditions of the licence.
2. When any person makes for sale or hire, sells or lets for hire, or
displays or offers for sale or hire, or distributes either for the
purpose of trade or to such an extent as to prejudice the owner of
the copyright, or exhibits in public, or imports into India any
infringing copies of the work.
Section 52 enlists the acts which do not constitute an infringement of
copyright such as fair dealing in any work for personal, private use or for
research, reproducing any work for the purpose of a judicial proceeding or
replication by a teacher or a pupil in the course of teaching etc.

It is pertinent to note that the Copyright Act provides for both civil and
criminal remedies against infringement of copyright.

How to register a copyright in India

The Registrar of Copyrights maintains a Register of Copyrights wherein he
enters the names or titles of works and the names and addresses of authors,
publishers and owners of the copyright. This entering or recording of names
and other particulars of the copyright owners in the register of copyrights is
called Registration of copyright.

The procedure for registration of copyright in India is provided under Section

45 of the Copyright Act, 1957 read with Chapter XIII of the Copyright Rules,
2013.

Steps to register copyright

1. Filing of application: The author/publisher/owner or any other person
interested in the copyright can make an application (Form-XIV of
Copyright Rules) for registration of copyright to the Registrar of
Copyrights. Such application must be accompanied by the
prescribed fee for entering particulars of the work in the Register of
Copyrights.
Also, an application for registration of copyright shall be in respect of one
work only. It should be signed only by the applicant, who may be the owner
or author of the right. In case, the application is made by the owner of the
copyright, an original copy of a no-objection certificate issued by the author
in the favour of the owner has to be submitted.
 2. Application for registration of copyright in an unpublished work: An
application for registration of an unpublished work should be
accompanied by two copies of the work.
3. Application for registration regarding an artistic work that is being
used or could be used in connection with any goods or services: In
case the application for registration is regarding an artistic work that
is or can be used in relation to any goods or services, the application
must include a statement along with a Certificate from the Registrar
of Trademarks that no trademark identical to or deceptively similar
to such artistic work has been registered under the Trademarks Act,
1999 or no such application has been made.
4. Application for registration in respect of an artistic work which is
capable of being registered as a design: In this case, the application
must be supported by an affidavit declaring that:

1. The design has not been registered under the Designs Act, 2000,
and
2. That it has not been applied to an article through an industrial
process and reproduced more than 50 times.
3. Mode of filing the application: The application for registration of
copyright can be filed in following modes:

1. By visiting the Copyright Office in person; or

2. By post; or
3. By online facility
i.e., https://www.copyright.gov.in/UserRegistration/frmLoginPage.asp
x.

6. Notice of application: The person applying for registration of

copyright has to give the notice of the application to every person
who claims to have, or has any interest in the subject matter of the
copyright or who is disputing the rights of the applicant to the
copyright.
7. Entering of particulars in Register of Copyright: A thirty day period is
given for filing of objections and if no objections to the registration
are received by the Registrar, and on being satisfied that the
particulars stated in the application are correct, the Registrar of
Copyright shall enter such particulars in the Register of Copyrights.
8. Completion of registration process: The registration process is
complete when a copy of the entries made in the register of
copyrights is signed and issued by the Registrar of Copyrights or by
the Deputy Registrar of Copyrights. Also, every entry made by the
Registrar of Copyrights has to be published by him in the prescribed
manner.

Need and benefits of registration of copyright

The registration of copyright is optional. However, the registration of
copyright offers several advantages to the author or owner of copyright. This
can be discerned from Section 48 of the Copyright Act. Section 48 provides
that the register of copyright is prima facie evidence of the particulars
entered therein and shall be admissible in evidence in all courts. Thus, a
person who has got the copyright registered in his name is generally
presumed to be the author/owner of the work. Registration of copyright is
beneficial due to the following reasons:

 It allows the owner to protect his work from being used in an

unauthorised manner.
 It becomes easier to claim ownership and royalties for your work
when it is to be used or adapted in any manner.
 Copyright registration specifies the date of publication.
 Registration of copyright in your name might work in your favour in
case of any claim of copyright infringement.

Patents
A patent is an exclusive right granted for an invention or innovation, which
might be a product, a method or a process, that introduces a novel way of
doing something or offers a new technical solution to a problem. In other
words, it is a right of monopoly granted to a person who has invented:

1. a new and useful article, or

2. improvement of an existing article, or
3. a new process of making an article.
A patent is granted for inventions having industrial and commercial value. It
is the exclusive right to manufacture the new article/manufacture the article
with the invented process for a limited period of time (usually 20 years from
the filing date of the application) in exchange for disclosure of the invention.
A patent owner can sell his patent or grant licence to others to exploit the
same.

Criteria for patentability of an invention

 1. It should be novel.
2. It should have inventive steps or it must be non-obvious.
3. It should be capable of Industrial application.

What kind of protection is given by patents

 The patent owner possesses the exclusive right to prevent others
from commercially exploiting the patented invention.
 Third parties are prevented from manufacturing, using, distributing,
selling etc. the patented invention/product without the consent of
the patent owner.

Patent law in India: the Patents Act, 1970

The invention of a person can be patented only if the procedure and other
requirements prescribed in the Patents Act, 1970 are fulfilled. The Patent Act,
1970 provides for a detailed procedure for obtaining a patent, right from the
filing of an application to the grant of a patent. The Act also contains
provisions for rights and obligations of the patentee, term of the patent,
transfer of patent, surrender, revocation, and restoration of patent,
infringement of patent, and remedies thereof. The Act provides for patent
protection for a period of 20 years after which the technology or invention
goes to the public domain.

Section 3 of the Act provides a list of non-patentable inventions for which no

patent could be granted. Under Section 4, the inventions relating to atomic
energy are also declared as non-patentable.
It is worth mentioning that earlier no product patent could be granted for
medicine, food items and chemicals and only the process of manufacturing
medicines, food items and chemicals could be patented. However, after
the Patent (Amendment) Act, 2005 product patents can be issued for
manufacturing these products.

Patent infringement and remedies

Any violation of the rights of the patentee constitutes infringement of patent
such as a colorable imitation of your invention or taking of the essential
features of your invention. Under the Patents Act, Sections 47 and 107-
A provides for the acts that shall not be considered as an infringement of
patent. For example, the import of any machine or other articles by or on
behalf of the government or the manufacturing or use of a patented process
by or on behalf of the government does not constitute patent infringement.
The various remedies available against patent infringement are as follows:

 Injunction
 Damages or account of profits
 Delivery up or destruction of infringing goods
 Certificate of validity

Procedure of obtaining a patent in India

You can file a patent application at the Patent Office in physical mode or in
electronic mode.

Following are the steps involved in obtaining a patent:

1. Filing of application

 Place of filing patent application: A patent application has to be filed

at the head office of the patent office or the branch office, within
whose territorial limits:

1. Applicant normally resides or has a domicile, or

2. Applicant has a place of business, or
3. At the place where the invention actually originated.

 Mode of filing application: You can submit the patent application

through post or by hand. You can also opt for e-filing
through https://ipindiaonline.gov.in/epatentfiling/user/frmLogin.aspx.
 Who can file the application: Following persons either alone or jointly
can file the patent application:
1. Any person claiming to be the true and first inventor of the
invention;
2. Assignee of the above in respect of the right to make such an
application;
3. The legal representative of any deceased person who was entitled to
make such an application immediately before his death.

 Form of application: Every patent application shall be for one

invention only.
 Every application must specify that the applicant possesses the
invention and identify the individual claiming to be the true and first
inventor. If the individual claiming to be the true and first inventor is
not the applicant or one of the applicants, the application must state
that the applicant believes the person so listed/named to be the true
and first inventor.
 Application must be accompanied by a provisional or a complete
specification.

2. Filing of provisional and complete specification

 What is patent specification: A patent specification is a technical

document describing the invention. The provisional specification
gives the initial description of the invention on the filing of the
patent application. Whereas a complete specification gives full and
sufficient detail of an invention in such a manner that a person
skilled in the art can use the invention when he reads such a
description.
 If the patent application is accompanied by a provisional
specification, the complete specification has to be filed within 12
months from the date of the filing of such application. In case it is
not filed within the said period, the application is deemed to have
been abandoned.

3. Claim of priority date: Priority date is the date on which the

patentee claims his invention. There shall be a priority date for each
claim of a complete specification. Generally, the priority date is the
date of filing of the provisional specification provided the claims
contained therein are fairly based on the description of the invention
as given in the provisional specification. But when the patent
application is accompanied by complete specification or if any
application is post-dated to the date of filing of complete
specification, in that case the priority date shall be the date of filing
of the complete specification.
4. Amendment of specification: The applicant may amend the
application, the complete specification and other documents before
or after the grant of the patent. Such amendment shall be in
accordance with the procedure prescribed as regards to the
permission of the Controller and publication of the amendment.
 5. Publication and Examination of application

 The patent application shall not be open to the public until the
expiry of 18 months from the date of filing of the application or the
date of the priority of the application. However, applicants may
request the Controller to publish the application at an earlier date.
 The application is published within one month after the expiry of the
said period of 18 months.
 Thereafter, a request has to be made by the applicant or other
interested persons for examination of the application. Such a
request shall be made within 48 months from the date of priority of
the application or from the date of filing of application, whichever is
earlier. If the request is not made within the prescribed period, the
application is treated as withdrawn.

6. Time for putting application in order for grant: The applicant

must comply with all the requirements imposed on him by or under
the Act in relation to the application within 12 months from the date
on which the Controller forwarded to the applicant the first
statement of objections to the application, complete specification, or
other documents related thereto.
7. Opposition to grant of patent

 Pre-grant opposition: Before the patent has been granted, any

person may, in writing, represent by way of opposition to the
Controller against the grant of the patent.
 Post-grant opposition: After the grant of the patent but before the
expiry of 1 year from the date of publication of grant of patent, any
interested person may give notice of opposition to the Controller.
Thereafter, the Controller constitutes the Opposition Board and the
patent may be revoked on the basis of the report of the Board.

8. Grant of patent

 If the application for patent is found to be in order for grant of

patent, the patent shall be granted.
 On the grant of patent, the Controller publishes the fact of such
grant and thereupon the application and other documents shall be
open for public inspection.

What are the benefits of patent registration

1. Patent registration ensures the complete protection of your
patent/invention against any unauthorised use for a period of 20
years.
2. Patent registration allows you to enjoy monopoly in the market as
regards your invention during the period of patent protection.
 3. Patent registration confers exclusive right to exploit the patent on
patentee or his licensee or assignee.
4. You can licence the patent and gain royalties for the same.

Trademarks and service marks

A trademark is a symbol that is used to distinguish the goods of one
enterprise from its competitors. A trademark may consist of a single letter,
logo, symbol, design, or numerals and three-dimensional features such as
shape and packaging, etc. Section 2(zb) of the Trademarks Act, 1999 defines
“trademark” as a mark capable of graphical representation and which can be
used to distinguish the goods or services of one person from those of others.
A trademark may include the shape of goods, their packaging, and a
combination of colours. Hence, distinctiveness is the hallmark of a trademark.

Trademarks used in connection with services such as tourism, banking, etc.,

are called Service Marks.

The owner has the exclusive right to the use of a registered trademark. There
are 45 classes of trademarks, consisting of 34 classes of products and 11
classes for services.

What is the function/purpose of a trademark

 A trademark is a symbol that identifies a product and its source.
 It reflects the goodwill of a business.
 It assures the consumer about the established quality of the
product.
 It serves as an advertisement for the product.
 A registered trademark provides legal protection to your brand.
 It helps to establish a dedicated consumer base by preventing
others from imitating your brand.

Law regulating to trademarks in India: the Trademarks Act, 1999

The Trademarks Act, 1999 was enacted to provide for the registration and
better protection of trademarks for goods and services, as well as to prevent
the use of fraudulent marks. The Act contains provisions regarding:

1. Registration of trademarks
2. Effect of registration
 3. Rights of the trademark holder
4. Special provisions relating to protection of trademarks through
international registration under the Madrid Protocol
5. Use of trademark and registered users
6. Collective marks
7. Certification of trademarks
8. Assignment and transmission of trademark
9. Infringement and passing off action in trademark and legal remedies
thereof, etc.
A trademark is registered for 10 years but it can be periodically renewed and
can be used for an indefinite period.

Infringement of trademark
In order to constitute infringement of a registered trademark, following
conditions are required to be fulfilled:

1. The person is not authorised to use the trademark.

2. The infringing trademark is similar/identical/deceptively similar to
the already registered trademark.
3. The infringing trademark must be used in the course of regular trade
in which the registered proprietor or user is already engaged.
4. The infringing trademark must be printed represented usually in
advertisement, invoices or bills. Mere oral use of a trademark is not
infringement.
5. Using either the whole of the registered trademark or an adopted
one by making a few additions and alterations.
Section 29 of the Trademarks Act provides for the common forms of
trademark infringement. For instance, the advertisement of a registered
trademark of another for promotion of one’s trade amounts to infringement.
Following remedies are available to the trademark owner against
infringement of his trademark:

1. Filing suit for infringement

2. Criminal remedies

Process of registration of trademark in India

The various steps involved in registration of trademark are as follows:

Application for registration

  A person claiming to be the proprietor of a trademark used or
proposed to be used by him, who desires to register it has to file an
application with the Registrar for registration of his trademark. Such
an application shall be made in writing and must be accompanied by
prescribed fees.
 A single application may be made for registration of a trademark for
different classes of goods and services.
 The application has to be filed in the office of the Trade Marks
Registry within whose territorial limits the principal place of business
in India of the applicant is situated.
Refusal, acceptance and withdrawal of acceptance

 The Registrar may accept or reject an application after it has been

received. The application may be accepted with or without
amendments, modifications, conditions and limitations.
 If after acceptance, but before registration, the Registrar discovers
that the application was erroneously accepted, he may withdraw the
acceptance.
Advertisement of application

 The Registrar shall after acceptance of the application, cause the

application to be advertised in the prescribed manner.
 The application is advertised in the Trademark Journal for the
purpose of inviting objections from interested persons.
The Registrar may cause the application to be advertised before
acceptance in certain cases.
Opposition to registration

 Any person may within 4 months from the date of the advertisement
give a written notice of his opposition to the registration. The notice
of such registration is given to the applicant and thereafter evidence
is submitted to the Registrar. After hearing the parties, the Registrar
decides as to whether the registration is to be permitted or not.
Registration

 If the application for trademark registration is accepted and not

opposed, or if opposed, the objection is ruled in the applicant’s
favour, the Registrar must register the trademark within 18 months
of the filing of the application.
 The date of registration of a trademark is the date of making of the
said application.
 On registration of a trademark, the Registrar shall issue to the
applicant a certificate in the prescribed form of the registration
thereof, sealed with the seal of the Trademarks Registry.
Benefits of trademark registration
1. A registered trademark is an intangible asset that adds value to the
business.
2. Trademark registration aids in creating brand value and gaining a
strong position in the market.
3. Registration of a trademark is prima facie evidence of its validity.
4. The registered trademark holder has the exclusive right to use that
mark and to obtain relief in case of infringement of trademark.
5. Trademark registration is for a period of 10 years and can be
renewed as well.
6. A registered proprietor of a trademark has the right to transfer his
right through licence or assignment of his trademark.

Industrial designs
An industrial design means the ornamental or visual aspects of an article. It
may consist of three-dimensional features, for instance, the shape of an
article, or two-dimensional features, such as lines, patterns, or colour. An
industrial design is purely aesthetic, non-functional, and has no utility. It is
necessary to provide legal protection to the creative originality of an
industrial design to prevent others from copying it.

Type of protection provided by industrial design

The owner of registered industrial design reserves the right to prevent others
from manufacturing, selling, or importing articles bearing or embodying a
design which is a copy of or is substantially similar to the protected design.

Kinds of products that can come under Industrial design protection

 Products of industry and handicraft items
 Household goods
 Lighting equipment
 Jewellery
 Electronic devices
 Textiles, etc.

Law relating to designs in India: the Designs Act, 2000

The Designs Act, 2000 seeks to promote the creation of novel, original
designs along with balancing competing interests by granting the time-bound
monopoly right to use registered industrial design by the owner. The Act
contains provisions regarding registration of designs, copyright in registered
designs, industrial and international exhibitions, restoration of lapsed
designs, the penalty for infringement of registered designs, etc.

Geographical Indications (GI)

A geographical indication (GI) is used to identify goods having a specific
geographical origin. These indications denote quality, reputation, or other
characteristics of such goods essentially attributable to their geographical
origin. Generally, geographical indications are used for foodstuffs, agricultural
products, wine, industrial products and handicrafts. Examples of GI include
Basmati Rice, Darjeeling Tea etc.

Benefits of registration of GI
 Confers legal protection to domestic/national GI which in turn boosts
exports.
 Prevents others from making unauthorised use of a Registered
Geographical Indication.
 Promotes the economic well-being of producers of items produced in
a specific geographic area.

Law relating to GI in India: the Geographical Indications of Goods

(Registration and Protection) Act, 1999
The Geographical Indications of Goods (Registration and Protection) Act,
1999 provides for the registration and better protection of geographical
indications relating to goods. The Act contains provisions relating to the
establishment of a Geographical Indications Registry, registration of
geographical indications of goods, rights conferred by registration,
registration of authorised users of registered geographical indications,
provisions for renewal, rectification and restoration of geographical
indications, and prohibition of registration of geographical indication as a
trade mark, etc.

Trade Secrets
Trade Secrets are IP rights on confidential information which may be sold or
licensed. A trade secret refers to any confidential business information and
may include designs, drawings, plans, business strategies, R & D related
information, etc. In order to qualify as a trade secret, the information should
be commercially valuable i.e. useful in a trade or business, known to a small
number of people, and subject to reasonable steps taken by the rightful
holder of the information to keep it secret.

Types of trade secrets

 Technical information such as information regarding manufacturing
processes, designs, drawings of computer programs, etc.
 Commercial information, such as distribution methods, advertising
strategies, etc.
 Financial information, formulas, recipes, secret combination of
elements, source codes, etc.

Layout designs of integrated circuits

Integrated circuits are used in products such as television, radio, mobile,
washing machine, and data processing instruments. The layout designs of
integrated circuits not only reduce the space but also enhance the capacity
and performance of the system. In India, the Semiconductor Integrated
Circuit Layout Design Act, 2000 regulates the registration, use, and
protection of original and distinct layout designs.

The Semiconductor Integrated Circuits Layout Designs Act, 2000

The Act deals with the protection of Semiconductor Integrated Circuits layout
designs. It has been enacted to give effect to Section 6 in Part II of the TRIPS
Agreement relating to Layout-Design (Topographies) of Integrated Circuits.
The Act contains provisions relating to registration of Semiconductor
Integrated Circuits layout designs including the procedure and duration of
registration, the effect of registration, assignment and transmission of
registered layout-design, use of layout-design, and penalty for infringement
of layout-design, etc.

Other laws relating to Intellectual Property

Rights in India

The Protection of Plant Varieties and Farmers’ Rights

Act, 2001
The Protection of Plant Varieties and Farmers’ Rights Act, 2001 seeks to
provide legal protection to plant varieties, rights of farmers, and plant
breeders and also encourages the development of new plant varieties. The
Act contains provisions regarding the establishment of Protection of Plant
Varieties and Farmers’ Rights Act Authority, registration of plant varieties and
essentially derived variety, duration, and effect of registration, rights
conferred by registration, framers’ rights, compulsory, infringement of any
right provided under the Act and relief thereof.

The Biological Diversity Act, 2002

The Biological Diversity Act, 2002 provides for the conservation of biological
diversity, sustainable use of its components, and fair and equitable sharing of
the benefits arising out of the use of biological resources and knowledge. It
contains provisions relating to the regulation of access to biological diversity,
the establishment of the National Biodiversity Authority and its functions, the
establishment of the State Biodiversity Board and its functions, the
constitution of Biodiversity Management Committees, and the constitution of
the Local Biodiversity Fund, etc.

A quick glance at the important Intellectual

Property Rights
PATENT COPYRIGHT TRADEMARK

Patents may be granted in any Original works of authors Any symbols, phrase,
field of technology for and artists ranging from word, design that
inventions that are new and books, music, paintings, identifies and
Subject of
useful including a new sculpture to computer distinguishes the
protection
product or an improvement of programs, databases, source of the goods of
an existing product or a new advertisements, maps and an enterprise from
process of making a product. technical drawings. those of others.

Novelty and
usefulnessInventive step/
Original creative workMust Distinctive (capable of
Non-obviousnessIndustrial
Requirements be in some tangible identifying the source
applicationMust be patentable
medium of a particular good)
according to the Patent Law
in force

Term of 20 years from the date of It should be equal to or Can vary but is usually
protection filing of application longer than 50 years after 10 years and can be
the creator’s death. In renewed on payment of
India, the copyright an additional fee.
protection lasts for the life
 of the author plus 60 years
after death.

Right to derive financial

reward from the use of
work by othersRight to
authorise or prevent certain
uses of the workRight to
authorise or prohibit
reproduction of workRight
to authorise or prohibit
Right to decide who may use recording, for example in
the invention/Right to the form of CDs and Right to exclusive use
Rights granted
authorise the use of patent by DVDsRight to prohibit or of trademark by the
to patentee/
issuing licence and through authorise broadcasting by owner or its
copyright
assignmentRight to exploit radio, satelliteRight to licenseeRight to
owner/
the patentRight to surrender authorise or prohibit assignRight to seek
trademark
the patentRight to be issued translation of work in other legal remedies against
holder
duplicate patentRight against languagesRight to authorise infringement
infringement adaptation of the work into
a movie etc.Moral right to
claim authorship of the
workRight to transfer the
rights through assignment
or grant permissive use of
the copyright to any
personRight against
infringement

Trademarks can be
registered or
Copyright protection runs unregistered. The
Being a territorial right, a automatically without the Trademark Law offers
patent must be registered in a need for any registration protection for both
Registration country according to the formalities. However, a registered and non-
procedure prescribed by its system of voluntary registered trademarks.
Patent Law. registration is established However, a registered
by most countries. trademark provides
prima facie evidence of
its ownership.

International regime of Intellectual Property

Rights
Various agreements and conventions have been formulated at the
international level to govern and regulate the various aspects and emerging
issues relating to intellectual property rights. Some of the major efforts
undertaken in the form of major international instruments, treaties,
conventions, and forums dealing with intellectual property rights are as
follows:

The Paris Convention on the Protection of Industrial

Property
The Paris Convention on the Protection of Industrial Property adopted in 1883
is the oldest international convention and was the first major step taken
towards the protection of IP rights. The Convention contains 30 Articles
dealing with various aspects and types of industrial property including
patents, trademarks, service marks, utility models, industrial designs,
geographical indications, and the repression of unfair competition. The
Convention was revised in July 1967 in Stockholm.

The Convention is based on three guiding principles:

1. National treatment: Each contracting state must provide the

same level of protection to nationals of other contracting states as it
grants to its own nationals.
2. Right of priority: The Convention provides for the right of priority
in the case of patents and utility models, marks and industrial
designs. This right means that the applicant may, within a certain
period of filing a regular first application in one of the contracting
states, apply for protection in any of the other contracting states as
well. The subsequent applications filed within the grace period shall
be regarded as being filed on the same date as the first application.
The benefit of this provision is that applicants seeking protection in
several countries need not present all of their applications at the
same time and have a period of 6/12 months to decide in which
countries they wish to seek protection.
3. Uniform rules: The Convention lays down some common rules that
must be followed by all member states such as:

1. Patents granted in different contracting states for the same

invention are independent of each other and the inventor has the
right to be named as such in the patent.
2. Industrial designs must be protected in each contracting state, and
protection may not be forfeited on the ground that articles
incorporating the design are not manufactured in that State.
3. Protection must be granted to trade names in each contracting state
without there being an obligation to file or register the names.
Patent Co-operation Treaty, 1970
The Patent Co-operation Treaty (PCT) was concluded on 19th June, 1970 and
came into effect on 24th January, 1978. The treaty aims to simplify the
procedure of filing patent applications in states that are party to the treaty
agreement. It provides a system for filing a patent application and entitles
the nationals of a contracting state to obtain patents in multiple countries
around the world on the basis of a single patent application.

Berne Convention for Protection of Literary and

Artistic Works, 1886
The Berne Convention for Protection of Literary and Artistic Works adopted in
1886 is the most significant International Convention dealing with copyright
protection. It provides for a minimum term of protection of copyright i.e. life
of the author plus 50 years or an alternative of 50 years from the publication
of anonymous and pseudonymous works. The Convention is based on three
basic principles:

1. Principle of national treatment: The works originating in one

member state must be given the same protection in each of the
other member states as the latter grants to the works of its own
nationals.
2. Principle of automatic protection: Protection should not be
conditional upon compliance with any formality. This means that the
original artistic and literary works shall be given automatic global
protection from the moment of their creation, in a fixed medium,
thereby ensuring equal treatment to such works.
3. Principle of “independence” of protection: This means that the
protection is independent of whether the protection exists in the
country of origin of the work or not.

Universal Copyright Convention, 1952

Universal Copyright Convention (UCC) was developed under the auspices of
the United Nations Educational, Scientific and Cultural Organisation
(UNESCO) as an alternative to the Berne Convention of 1886. The Convention
came into force in 1955. The Convention is based on the principle of national
treatment and also requires each contracting state to maintain specific
minimum legal safeguards protection of copyright. The Convention prescribes
that the formalities required by the national law of a contracting state shall
be considered to be satisfied if all the copies of a work originating in another
contracting state carry the symbol ©, accompanied by the name of the
copyright owner and the year of first publication.
Rome Convention for the Protection of Performers,
Producers of Phonograms and Broadcasting
Organisations (1961)
The Rome Convention secures protection in performances for performers’, in
phonograms for producers of phonograms, and broadcasts for broadcasting
organisations. The Convention was concluded in 1961 and came into effect
on 18th May 1964. It grants protection to performers if their performance
takes place in another contracting state such as prohibiting the unauthorised
broadcast of the performance.

WIPO Copyright Treaty, 1996

The WIPO Copyright Treaty (WCT) is a special agreement under the Berne
Convention providing for the protection of works and the rights of their
authors in the digital environment. According to the treaty, the works/subject
matter protected by copyright include:

1. Computer programs; and

2. Databases i.e. compilations of data or other material, in any form
constituting intellectual creations.

Hague Agreement concerning the International

Deposit of Industrial Design, 1925
The Hague Agreement concerning the International Deposit of Industrial
Design, 1925, as revised in 1960 seeks to facilitate international protection of
industrial design through the provision of a single deposit with the
International Bureau of WIPO in order to prevent possible infringement by
other member states. The protection is offered when the industrial design is
deposited on payment of a prescribed fee. Once the industrial design is
registered and published, it will have the same effect in the contracting
states as if it had been registered under the national laws.

World Intellectual Property Organisation (WIPO)

Established on 14th July 1967, WIPO is a global forum for intellectual property
(IP) services, policies, information, and cooperation. It aims to develop an
effective and balanced international IP system that encourages innovation
and creativity for the benefit of all. WIPO has 193 member states.

Objectives of WIPO
 Promoting intellectual property protection around the world through
state cooperation and partnership with any international
organisation;
 Harmonising national intellectual property legislations and
procedures;
 To provide services with regard to international applications for
intellectual property rights;
 For exchanging information on intellectual property;
 To provide legal and technical assistance concerning IP to
developing and other countries;
 Facilitating resolution of private intellectual property disputes;
 Marshal information technology is a tool for storing, accessing and
using valuable intellectual property information.

TRIPS Agreement
The WTO Agreement on Trade-Related Aspects of Intellectual Property Rights
(TRIPS) 1994 is an international level multilateral agreement that deals with
the protection of intellectual property rights. The TRIPS Agreement
recognizes the importance of IP in international trade and also provides a
dispute resolution and prevention mechanism for trade-related IP issues.
Every member of WTO is required to observe the provisions of TRIPs and
provide a minimum level of IP protection in their national laws.
Categories of IP covered by TRIPs
 Copyright and related rights
 Trademark
 Geographical indications
 Industrial design
 Patent
 Layout designs of integrated circuits
 Protection of undisclosed information