What is IPR’s ? in the context of a PhD scholar?

Intellectual Property Rights (IPR) are legal rights that protect creations of the mind. For PhD
scholars, this often relates to inventions, discoveries, literary or artistic works, and innovative
processes arising from their research work.
Types of IPR Relevant to PhD Scholars
Patents
Protect inventions, new processes, or technological innovations.
Grant exclusive rights to the inventor for a specified period (usually 20 years).
Involves filing a patent application with a patent office (e.g., Indian Patent Office, USPTO).
Copyrights
Protect original literary, artistic, or scientific works—such as theses, research papers, software,
or algorithms.
Typically automatic upon creation but can be registered for additional legal benefits.
Trademarks
Protect brand names, logos, or symbols associated with a product or service emerging from
research.
Trade Secrets
Protect confidential business information, like proprietary methodologies or data.
Ownership and Rights
Institution Ownership: Often, the research is conducted using university resources, and the
institution retains ownership of IPRs.
Scholar Ownership: PhD scholars may have rights to their inventions or works, especially if
they developed them independently or outside institutional resources.
Joint Ownership: Sometimes, rights are shared between the scholar and the institution or
collaborators.
Important: Ownership rights depend on institutional policies, funding sources, and prior
agreements.
Process for Securing IPR
Disclosure: The scholar should disclose the invention or creation to the university’s
Technology Transfer Office (TTO) or equivalent.
Evaluation: The TTO evaluates the novelty, patentability, or value of the invention.
Protection: If patentable, the university files for patent protection. The scholar can be involved
in this process.
Commercialization: The institution may license or commercialize the invention, sharing
profits as per policy.
Role of PhD Scholars
• Awareness: Be aware of your institution’s IPR policies.
• Documentation: Maintain thorough records of research activities and inventions.
• Disclosure: Promptly disclose inventions or creations to the institution.
• Legal Rights: Understand your rights and obligations concerning IPR.
• Publication vs. Patent: Be cautious—public disclosure before patent filing can
jeopardize patent rights.
Institutional and Policy Frameworks
Most universities have Technology Transfer Offices (TTOs) or IPR Cells.
Policies are often based on national laws like the Indian Patent Act, 1970, or relevant
international treaties.
Universities may have specific guidelines regarding the share of rights, royalties, and
publication.
Steps for a PhD Scholar Interested in IPR
1. Review your university’s IPR policy.
2. Consult with your supervisor or TTO.
3. Keep detailed records of your research and inventions.
4. Consider patenting if your research results in a novel invention.
5. Balance publishing with protecting your IPR.

PATENT
A patent is a legal right granted by a government to an inventor that gives exclusive rights to
make, use, sell, or distribute an invention for a limited period, typically 20 years from the filing
date. In exchange, the inventor publicly discloses the details of the invention.
Why are Patents Important ?
1. Protect innovative research findings or inventions.
2. Secure recognition for your work.
3. Potentially generate revenue through licensing or commercialization.
4. Enhance academic and professional reputation.
Types of Patentable Creations
1. Inventions: New products or processes.
 2. Improvements: Modifications that enhance existing inventions.
3. Innovative Methods: Unique procedures or methodologies.
Note: Discoveries or purely scientific theories are generally not patentable unless they lead to
an innovative application.
PATENT APPLICATION PROCESS
1. Invention Disclosure:
Record detailed information about your invention.
Submit a disclosure form to your institution's IPR or TTO (Technology Transfer
Office).
2. Patent Search & Evaluation:
Conduct searches to ensure the invention is novel.
The TTO or patent attorney evaluates patentability.
3. Filing a Patent Application:
Draft a detailed patent specification describing the invention.
File with the relevant patent office (e.g., Indian Patent Office, USPTO, EPO).
4. Examination:
The patent office examines the application for novelty, inventive step, and industrial
applicability.
Communicate and respond to objections if any.
5. Grant & Patent Issuance:
If all criteria are met, the patent is granted.
6. Maintain the patent through periodic fee payments.
Rights and Obligations
1. Exclusive Rights: Prevent others from making, using, or selling the invention without
permission.
2. Licensing: You can license your patent to others for royalties.
3. Commercialization: Use or sell your invention for profit or academic dissemination.
4. Legal Enforcement: Be prepared to defend your patent against infringement.
Considerations for PhD Scholars
1. Timing: File patent applications before public disclosure or publication, as public
disclosure can invalidate patent rights.
2. Institution Policies: Check if your university has a spin-off or commercialization
policy.
3. Ownership: Usually, universities own the patent if the invention was made during
research funded by them, but this can vary.
4. Collaboration: If multiple researchers or institutions are involved, ownership rights
should be clarified in advance.
Benefits of Patents in Academia
1. Encourages innovation and entrepreneurship.
2. Translates research into real-world applications.
3. Can attract funding and collaboration.
4. Adds value to your academic profile.
 TRADE MARKS
A trademark is a distinctive sign, like a word, phrase, symbol, or design, used to identify goods
or services and distinguish them from those of competitors. It's a form of intellectual property
that helps build brand recognition, protect against counterfeiting, and provides legal rights to
the trademark owner.
What it protects:
1. Brand Identity: Trademarks help customers recognize and associate specific products
or services with a particular brand.
2. Intellectual Property: They protect the rights to use a specific name, logo, or other
identifying mark.
3. Consumer Trust: A strong trademark can build trust and confidence in the product or
service.
4. Legal Protection: They allow trademark owners to legally enforce their rights and
prevent others from using similar marks without permission.
Types of Trademarks:
1. Words: Phrases like "Just Do It" (Nike) or slogans like "America Runs on Dunkin'"
(Dunkin').
2. Symbols: Logos like the swoosh (Nike) or the "M" (McDonald's).
3. Designs: Unique patterns or shapes that identify a product.
4. Combination: Any combination of the above, like Nike's stylized "Nike" word mark
combined with its swoosh logo.
5. Other: Can also include sounds (like a jingle), scents, or even colors.
Importance of Registration:
1. Protection: Trademark registration provides stronger legal protection, making it easier
to sue infringers.
2. Notice: Registered trademarks give notice to the public that the mark is owned and
protected.
3. International Recognition: Registration can provide recognition and protection in
other countries.
Examples:
1. "Coca-Cola": A word trademark identifying the beverage.
2. The Apple logo: A design trademark for Apple products.
3. The Nike swoosh: A symbol trademark for Nike products.
 4. The "M" in the McDonald's logo: A combination trademark.
5. "It's finger lickin' good!": A phrase trademark for KFC.

DESIGNS
The industrial design recognizes the creation new and original features of new shape,
configuration, surface pattern, ornamentations and composition of lines or colours applied to
articles which in the finished state appeal to and are judged solely by the
What is Design patent and what are the benefits
A design patent is a type of intellectual property (IP) protection that gives the patent holder the
exclusive right to use the design of an article for a period of 10 years. In India, design patents
are governed by the Designs Act, 2000.
To be eligible for a design patent, the design must be new and original. It must also be
applicable to an article of manufacture. The article of manufacture can be a product, a part of
a product, or a combination of products.
The benefits of obtaining a design patent in India include:
The exclusive right to use the design for a period of 10 years.
The ability to prevent others from making, using, selling, or importing products that infringe
the design.
The ability to use the design patent as a marketing tool to show that the product is innovative
and unique.
The process of obtaining a design patent in India is relatively straightforward. The first step is
to file a design patent application with the Indian Patent Office. The application must include
a drawing of the design and a description of the design.
The Indian Patent Office will then examine the application to determine if it meets the
requirements for a design patent. If the application is approved, the design patent will be
granted. The design patent will be published in the Indian Patent Journal.
The benefits of obtaining a design patent in India can be significant. If you have a unique and
innovative design for a product, a design patent can help you protect your investment and
prevent others from copying your design
What are the requirements for registering a design patent?
The Designs Act, 2000, lists the following requirements to be met before a design can be
registered:
1. Novelty– the design should be original and cannot be published or used in any country.
However, an existing design on a new subject matter can be registered.
2. It should be applied to an article, excluding industrial plans or layouts from registration as
designs.
3. The design should be applied to an article by an industrial process, excluding paintings and
sculptures that are not produced in bulk by an industrial process from registration.
4. The design should be visible in the final article, and this is because the design is judged
solely by the eye.
5. In Any mode of operation, a mechanical device cannot be registered.
6. Design cannot include a trademark, property mark, or artistic rights defined under the
Copyright Act 1957.
What are the rights conferred by the registration of a design patent?
Registration of a Design confers on the owner copyright to use the design for the article for
which it was registered. This, in effect, means that the owner has an exclusive right to use the
design for the article under which it was registered. Any registered design infringement
confers the owner’s right to sue the infringer for damages.
Thus, registering a design is vital to protect the appearance of your product. An important
point to note is that an article must have its existence independent of the design. This means
that even if the design is not applied to the article, the article can continue to exist. Thus,
stamps, labels, and the like cannot be considered articles for registering designs.
Design Patent Registration Process in India
The application for an industrial design patent can be filed by the Applicant himself or by a
professional employed by the Applicant for this purpose.
Below is a list of the comprehensive steps involved in registering a Design in India:
Step 1. Submit a duly filled-in design registration form with the prescribed fees along with four
copies of the representation of the Design (of size 33cm x 25cm with reasonable margins). The
drawing should depict the features of the design from all the views and state the view.
Step 2. The application,n along with the required document,s must be submitted to the Design
Wing of the Patent Office in Kolkata or any branch office of the Patent Office in Delhi,
Mumbai, or Chennai.
Step 3. On receipt of the application in the Patent Office, the application is numbered, dated,
and taken up for examination. (Please note that, unlike a Patent, there is no need to file a
separate request for examination. Design Applications, once filed, are automatically taken up
for examination).
Step 4. If any defects are noticed in the application, they are communicated to the Applicant or
agent.
Step 5. The defects must be corrected within six months from the official date of application.
Step 6. If the defects are not rectified, as required by the Controller, a personal hearing is
provided to the Applicant. The Controller’s decision after the hearing is communicated in
writing (stating reasons) to the Applicant or his Agent.
Step 7. The Applicant can appeal to the High Court (within three months from the date of the
Controller’s decision)
Step 8. Once accepted, the application is notified in the Patent and Design Journal.
Duration of design protection in India:
The duration of design protection in India after its registration is valid for ten years from the
date of design patent registration. This term is extendable for a further five years by applying
for an extension along with the prescribed fee.

COPY RIGHTS
What is a Copyright?

According to the Copyright Act of 1957, a “work is any artistic creation, including a painting,
a sculpture, a drawing (including a diagram, a map, a chart, or plan), an engraving, a
photograph, a work of architecture or artistic craftsmanship, a play, a book, a computer
program, a database, a song, a sound recording, or a motion picture.” [1]

The Copyright Act, of 1957 has updated India’s copyright laws to reflect advancements in the
information technology sector, including satellite broadcasting, computer software, and digital
technology, in order to keep up with the demand for worldwide harmonisation.

We at King Stubb & Kasiva have a specialized team of Intellectual property lawyers in
India who are meticulous and reliable in the development or selection of new inventions in the
targeted field; checking and verifying the originality and acceptability of the inventions or
creations; drafting applications for registration with the targeted authority; pursuing a prompt
and perfect registration; monitoring and protecting the said IP; and legal action for
infringement.

Registration of Copyrights in India

Applying for copyright registration in India is an added benefit because it safeguards the
ownership of the work against unnecessary disputes. “A copyright Registration Certificate”
and the “Register of Copyright”, which contains information about registered copyrights, are
regarded as “admissible evidence” in a court of law in the event of a potential copyright
infringement issue. These act as the first supporting evidence in disputes over copyright
ownership.

How to apply for the copyright of a logo in India is one of the most sought-after questions as
the logo creates a distinctive presentation of a brand in the global market and it is essential for
the same to be copyrighted in order to protect the brand’s identity and values it holds.
Intellectual Property lawyers in India dedicate their time to helping an individual or a company
through the process of applying or registering for copyrights in India.

Documents required to register a copyright in India

Below are the documents required for copyright based on the type of work:

Type Document Required

Artistic Two Soft copies of the work
Demand Draft
NOC (No Objection Certificate) from author / Applicant.
NOC from the publisher (if work published and publisher is different
from applicant)
Search Certificate issued by Registrar of Trademarks
NOC from a person whose photograph appears on the work
Cinematograph Two Soft copies of the work
Film Demand Draft
NOC from Various Copyright Holders / Agreement Copy
NOC from the publisher (if work published and publisher is different
from applicant)
Music Two Soft copies of the work
Demand Draft
NOC from Publisher (if work published and publisher is different from
applicant)
NOC from Author (if the applicant is other than the author)
Literary/Dramatic Two Soft copies of the work
Demand Draft
 NOC from Publisher (if work published and publisher is different from
applicant)
NOC from Author (if the applicant is other than the author)
Sound Recording Two Soft copies of the work
Demand Draft
NOC from Various Copyright Holders / Agreement Copy
NOC from the publisher (if work published and publisher is different
from applicant)
Two Soft copies of the work
Source code and object code of work for verification
Demand Draft
NOC from Publisher (if work published and publisher is different from
applicant)
NOC from Author (if the applicant is other than the author)

Who can register a copyright in India

The creator or a person who has obtained the rights to the original work can register for
copyright in India. If the original work is created during the time of employment, it can be
called “work made for hire” and in such a case the employee is not considered an author of the
original work. This title goes to the employer.
If more than one person creates the original work, co-ownership of the copyright is sought
unless otherwise agreed upon.
The following individuals can apply for the copyright of a workpiece in India:
1. Author
o the creator of the work
o A person claiming to have obtained the ownership rights from the creator of the
original work
2. The designated agent
A person authorised to act on behalf of the agent
o The author
o Copyright Claimant; a person who have obtained the ownership rights from the
author through a written contract,has been granted
o The owner of an exclusive right; A person who has been granted exclusive rights
to control and use the distribution of this original work.
A minor is also permitted to register a copyright, and there is no age restriction for obtaining
one. This is so because creativity was recognised by copyright law, which also recognises that
creativity cannot be constrained by age. Additionally, unless they have decided differently, the
creators of the work are co-owners if it was made by two or more people.
Steps for Registering a Copyright
Let us now examine the steps for copyright registration in accordance with Chapter X of the
Indian Copyright Act, 1957, and Rule 70 of the Copyright Rules 2013:
Step 1: Filing an application
• The application is submitted by the author of the work, a copyright claimant, the holder
of an exclusive right to the work, or an authorised agent in person at the copyrights
office, by speed/registered post, or electronically through the facility provided on the
official website[4] of the government.
• A separate application needs to be filed for each unique work with the registrar along
with relevant documents as stated above. There is a different fee involved for different
kinds of work to be copyrighted. The same should be confirmed and paid through a
Demand Draft (DD) or Indian Postal Order (IPO) addressed to the Registrar of
Copyrights payable at New Delhi or through an e-payment facility.
• In the case of online registration, user registration on the government website is
essential. Once the application is submitted along with the necessary documents you
will get the dairy number (acknowledgement).
Step 2: Examination of the Work
There is a requirement for a 30-day wait period upon issuance of the diary number. During this
time, the copyright examiner reviews the application and any objections can be made and
reviewed during this period. The flowchart below explains the copyright registration workflow:
Step 3: Registration of the Copyright
The process of registration of copyright completes when the applicant is issued the Extracts of
the Register of Copyrights (ROC).
[1] https://www.copyright.gov.in/
 SEMICONDUCTOR INTEGRATED CIRCUITS LAYOUT-DESIGN ACT (SICLD)
The Semiconductor Integrated Circuits Layout-Design Act (SICLD) Act, 2000, in India,
provides a framework for protecting the layout designs of semiconductor integrated circuits.
The filing procedure involves submitting an application to the Semiconductor Integrated
Circuits Layout-Design Registry (SICLDR), including necessary drawings and photographs,
followed by review, publication, and a period for objections.
1. What is semiconductor layout design?
A semiconductor layout design means a layout of transistors and other circuitry elements and
includes lead wires connecting such elements and expressed in any manner in semiconductor
integrated circuits.
2. What can be registered under SICLD Act 2000?
Any Integrated Circuit Layout Design satisfying following criteria can be registered under this
Act :-
• Original
• Distinctive
• Capable of distinguishing from any other layout design
• Have not been commercially exploited anywhere in India or in a convention country.
3. Who can apply for registration?
A creator of a layout design an Indian national or national of country outside India which
accords to citizens of India similar and has principal place of business in India or if he does not
carry out business in India , has place of service in India can apply for registration.
4. How to apply for registration?
An Application to the registrar for the registration of a layout design shall be made on form
LD-1 accompanied with Registration fees and three set of drawing or photograph of mask
layout which describe the layout design applied for registration. These can be submitted as
GDS-II file along with the PDK information used in the design.All of the above-mentioned
documents must be submitted in triplicate in physical form.
5. What is the registration fee?
The registration fee is Rs. 5000/- to be paid via Demand Draft in favour of "PAO, CGPDTM"
payable at Mumbai.
6. What is the period of validity of registration?
A period of 10 years counted from the date of filing an application for registration or from the
date of first commercial exploitation anywhere in India or in any convention country or country
specified by Government of India whichever is earlier.
7. What is the registration process cycle and time required for obtaining registration
certificate?
The registration cycle includes
• Filing of application by the creator of the layout-design at the SICLD Registry.
• The acceptance of application.
• Registrar may accept, refuse the application or accept with some modifications.
• The accepted applications shall be advertised within 14 days of acceptance.
• Any opposition to the advertisement can be filed within 3 months from the date of
advertisement.
• The counter-statement to the notice of opposition, if any, to be filed within 2 months
from the date of receipt of copy of notice of opposition from the Registrar.
• A copy of the counter statement provided to the opposing party.
• The Registrar may take hearing with the parities.
• The Registrar will decide on the originality of the layout-design and grant or reject the
application for registration based on the conclusions reached by him.
• Aggrieved party can appeal to Appellate Board or in its absence Civil Court for relief
on any ruling of the Registrar.
8. When to submit the application for registration?
Once a company or an individual launches a new product with some unique freature, he/ she/
they can submit application with the drawing/ mask and layout of the circuit for registration.
The process for filing a semiconductor integrated circuit (SIC) layout design in India involves
preparing and submitting an application to the Semiconductor Integrated Circuits Layout-
Design Registry (SICLDR). This includes providing three sets of drawings and photographs
that describe the layout design and the masks used for fabrication. The SICLDR then reviews
the application, and if accepted, publishes it for potential opposition. If no valid opposition is
received, the layout design is registered, and a certificate is issued.
Elaboration:
1. 1. Application Filing:
• The applicant files an application in writing to the Registrar at the SICLDR.
 • The application must be in a prescribed form (LD-1) and include three sets of
drawings or photographs describing the layout design.
• The applicant must also pay a registration fee of Rs. 5,000.
2. 2. Review and Acceptance:
• The Registrar scrutinizes the application for originality and compliance with the
SICLD Act, 2000.
• If the application is accepted, the Registrar acknowledges it.
• The Registrar can also withdraw the acceptance if the layout design is found to
be prohibited for registration.
3. 3. Advertisement and Opposition:
• The accepted application is advertised within 14 days.
• Any person can oppose the registration within three months of the
advertisement.
• The Registrar will then consider any opposition and make a decision based on
the evidence.
4. 4. Registration and Certificate:
• If no valid opposition is received or if the opposition is decided in favor of the
applicant, the layout design is registered.
• The Registrar issues a certificate of registration.
5. 5. Validity:
• The registered layout design is valid for 10 years from the date of filing or the
date of first commercial exploitation, whichever is earlier.

Example questions :
1. What Can Be Patented?
2. What Requirements Must a Person Satisfy to Get a Patent?
3. What Does the Government List as "Patentable Subject Matter"?
4. What's Not Eligible for a Patent?
5. What Type of Invention Qualifies for a Utility Patent?
6. What Type of Invention Qualifies for a Design Patent?
7. What Type of Invention Qualifies for a Plant Patent?
8. What Makes an Invention Novel?
9. What Is the Utility Requirement?
10. What Does the Government Consider Non-obvious?