Research Methodology &IPR

Module -6
Intellectual Property Rights
Introduction
Intellectual property, very broadly, means the legal rights which result from intellectual
activity in the industrial, scientific, literary and artistic fields. Countries have laws to protect
intellectual property for two main reasons. One is to give statutory expression to the moral
and economic rights of creators in their creations and the rights of the public in access to
those creations. The second is to promote, as a deliberate act of Government policy, creativity
and the dissemination and application of its results and to encourage fair trading which would
contribute to economic and social development.
Generally speaking, intellectual property law aims at safeguarding creators and other
producers of intellectual goods and services by granting them certain time-limited rights to
control the use made of those productions. Those rights do not apply to the physical object
in which the creation may be embodied but instead to the intellectual creation as such.
Intellectual property is traditionally divided into two branches, “industrial property” and
“copyright.”
Creativity and Innovation
Creativity is the ability to think and act in ways that are new and novel. In our minds, there
are two kinds of creativity, innovation and invention. Innovation is thinking creatively about
something that already exists (e.g., the tape recorder, Walkman, and CD player are all
innovations on the phonograph). Invention is creating something that did not exist before
(e.g. the phonograph). A business example illustrates the difference clearly. When a team
bases its plans on the way the team has operated in the past, they are open only to innovation,
such as increasing efficiency. However, a team that is inventive will ask itself: Can we create
a different way to operate, one that will produce a different way of doing business?
Organizations today need more invention than innovation. This means that people in
organizations need to release their creativity in ways that are quite different from the tried-
and-true methods of the past. It also means that organizations need to be open to more
experimentation to find out what works and what doesn't.
What is Creativity?
Creativity is characterized by the ability to perceive the world in new ways, to find hidden
patterns, to make connections between seemingly unrelated phenomena, and to generate
solutions. Creativity involves two processes: thinking, then producing.
“Creativity is the process of bringing something new into being. Creativity requires passion
and commitment. It brings to our awareness what was previously hidden and points to new
life.
Creativity is the characteristic of a person to generate new ideas, alternatives, solutions and
possibilities in a unique and different way.
Creativity is the ability to conceive something unpredictable, original and unique. It must be
expressive, exciting and imaginative. It is the mirror of how beautifully a person can think in
any given circumstance.
It is not genetic but can be developed if someone keeps on learning and comprehending
things with a rare and exclusive perception. Creativity is a brainstorming and mind-blogging
activity in which a person has to think beyond his imagination for bringing something
worthwhile. It is an activity of unveiling something which was previously hidden.

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What is Innovation?
Innovation is the implementation of a new or significantly improved product, service or
process that creates value for business, government or society.
Some people say creativity has nothing to do with innovation— that innovation is a discipline,
implying that creativity is not. Creativity is also a discipline, and a crucial part of the innovation
equation. There is no innovation without creativity. The key metric in both creativity and
innovation is value creation.
Innovation is an act of application of new ideas to which creates some value for the business
organisation, government, and society as well. Better and smarter way of doing anything is
innovation. It could be the introduction of:
• New technology.
• New product line or segment.
• A new method of production.
• An improvement in the existing product.
Innovation is closely tied to creativity i.e. putting creative ideas into action is an innovation,
whose consequences should be positive. It is the process of doing something better for the
first time, which was not previously done by any entity. It can also be termed as a change
which can bring a new edge to the performance and productivity of the company. It is of two
types i.e. evolutionary and revolutionary.
Difference between creativity and innovation
The following are the major differences between Creativity and Innovation:
1) The quality of thinking new ideas and putting them into reality is creativity. The act of
executing the creative ideas into practice is innovation.
2) Creativity is an imaginative process as opposed to innovation is a productive process.
3) Creativity can never be measured, but Innovation can be measured.
4) Creativity is related to the generation of ideas which are new and unique. Conversely,
Innovation is related to introduce something better into the market.
5) Creativity does not require money. On the other hand, innovation requires money.
6) There is no risk involved in creativity, whereas the risk is always attached to
innovation.
What is Intellectual Property?
What is Intellectual Property Intellectual property refers to creations of the mind: inventions;
literary and artistic works; and symbols, names and images used in commerce. Intellectual
property is divided into two categories
a) Industrial Property includes patents for inventions, trademarks, industrial designs and
geographical indications.
b) Copyright covers literary works (such as novels, poems and plays), films, music, artistic
works (e.g., drawings, paintings, photographs and sculptures) and architectural
design. Rights related to copyright include those of performing artists in their
performances, producers of phonograms in their recordings, and broadcasters in their
radio and television programs
Intellectual Property (IP) refers to the creations of the human minds for which exclusive rights
are recognised. Innovators, artistes and business owners are granted certain exclusive rights
to a variety of intangible assets for a specified duration.
IP is an intangible asset to a company. It gives business partners and financial institutions the
confidence to invest in or collaborate with the organisation.

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In addition to protecting their creation, business owners can maximise the value of their IPs
in many ways. They can franchise, license out or transact their IP.
What are intellectual property rights?
Intellectual property rights are like any other property right. They allow creators, or owners,
of patents, trademarks or copyrighted works to benefit from their own work or investment in
a creation. These rights are outlined in Article 27 of the Universal Declaration of Human
Rights, which provides for the right to benefit from the protection of moral and material
interests resulting from authorship of scientific, literary or artistic productions.
Intellectual property rights are the rights given to persons over the creations of their minds.
They usually give the creator an exclusive right over the use of his/her creation for a certain
period of time.
Nature and Characteristics of Intellectual Properties
Intellectual properties have their own peculiar features. These features of intellectual
properties may serve to identify intellectual properties from other types of properties.
Thus, we will discuss them in brief.
Intangible Rights over Tangible Property: The main Property that distinguishes IP from other
forms of Property is its intangibility. While there are many important differences between
different forms of IP, one factor they share is that they establish property protection over
intangible things such as ideas, inventions, signs and information whereas intangible assets
and close relationships are a tangible object. In which they are embedded. It allows creators
or owners to benefit from their works when they are used commercially.
Right to sue: In the language of the law, IP is an asset that can be owned and dealt with. Most
forms of IP are contested in rights of action that are enforced only by legal action and by those
who have rights. IP is a property right and can, therefore, be inherited, bought, gifted, sold,
licensed, entrusted or pledged. The holder of an IPR owner has a type of Property that he can
use the way he likes subject to certain conditions and takes legal action against the person
who without his consent used his invention and can receive compensation against real
Property.
Rights and Duties: IP gives rise not only to property rights but also duties. The owner of the
IP has the right to perform certain functions in relation to his work/product. He has the
exclusive right to produce the work, make copies of the work, market work, etc. There is also
a negative right to prevent third parties from exercising their statutory rights.
Coexistence of different rights: Different types of IPRs can co-exist in relation to a particular
function. For example, an invention may be patented, and the invention photograph may be
copyrighted. A design can be protected under the Design Act, and the design can also be
incorporated into a trademark. There are many similarities and differences between the
various rights that can exist together in IP. For example, there are common grounds between
patent and industrial design; Copyright and neighbouring rights, trademarks and geographical
indications, and so on. Some intellectual property rights are positive rights; the rest of them
are negative rights.
Exhaustion of rights: Intellectual property rights are generally subject to the doctrine of
exhaustion. Exhaustion basically means that after the first sale by the right holder or by its
exhaustion authority, his right ceases and he is not entitled to stop further movement of the
goods. Thus, once an IP rights holder has sold a physical product to which IPRs are attached,
it cannot prevent subsequent resale of that product. The right terminates with the first
consent. This principle is based on the concept of free movement of goods which is in force
by consent or right of the rights holder. The exclusive right to sell goods cannot be exercised

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twice in relation to the same goods. The right to restrict further movements has expired as
the right holder has already earned his share by the act of placing goods for the first sale in
the market.
Dynamism: IPR is in the process of continuous development. As technology is rapidly evolving
in all areas of human activities, the field of IP is also growing. As per the requirement of
scientific and technological progress, new items are being added to the scope of IPR, and the
scope of its preservation is being expanded. Bio Patents, Software Copyrights, Plant Diversity
Protection, these are few names which reflect contemporary developments in the field of IPR.
The importance of intellectual property and its mobility is well established and reflected at all
levels, including statutory, administrative and judicial.
Origin and Development of Intellectual Property
The origins of Intellectual Property – 500 BCE
The history of intellectual property is complex and fascinating. It begins in 500 BCE when
Sybaris, a Greek state, made it possible for citizens to obtain a one-year patent for “any new
refinement in luxury.” Patent, trademark and copyright laws have become more complicated
in the ensuing centuries but the intent remains the same. Countries establish intellectual
property laws to foster creativity and to make it possible for the inventor to reap the benefits
of their ingenuity.
Intellectual Property Legislation -1623
Mentions of copyrights, patents and other matters of intellectual property law are sparse in
early history. It is not until medieval Europe that some major and well-known legislation was
passed. The first of these was the Statute of Monopolies. This British law was established in
1623. At the time, all major industries were controlled by guilds. Each guild held considerable
power, with the government endowing them with the ability to dictate what products and
raw materials could be imported as well as how those items would be produced and sold.
Moreover, the guilds were responsible for bringing all new innovations to the marketplace,
essentially giving them ownership and control over inventions even if they had nothing to do
with their creation.
Ownership Rights – 1710
The Statute of Monopolies changed that by allowing the author or inventor to retain their
ownership rights. Monopolies, in the form of government-sanctioned guilds, were no longer
granted. The law also guaranteed the inventor a 14-year period during which he had the
exclusive right to govern how his invention was used.
Other significant legislation came in 1710 with the Statute of Anne. This law similarly provided
a 14-year term of protection. It also gave inventor the option of seeking a 14-year renewal
term. Aimed largely at copyrights, this law granted authors rights in the recreation and
distribution of their work.
Intellectual Property in colonial US – Early 1800’s
Shortly after the U.S. broke away from Great Britain, most of the 13 colonies had established
its own system for intellectual property protection. The one exception to this was Delaware.
However, it was soon apparent that having each state operate its own system of intellectual
property protection was problematic, leading to the establishment of federal laws that had
precedence over any state laws.
Global Intellectual Property – Late 1800’s
In 1883, the Paris Convention came into being. It was an international agreement through
which inventors could protect their innovations even if they were being used in other
countries. Writers came together in 1886 for the Berne Convention which led to protection

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on an international level for all forms of written expression as well as songs, drawings, operas,
sculptures, paintings and more. Trademarks began to gain wider protection in 1891 with the
Madrid Agreement while the offices created by the Paris and Berne Conventions eventually
combined to become the United International Bureaux for the Protection of Intellectual
Property, the precursor of today’s World Intellectual Property Organization, which is an office
of the United Nations.
Types of Intellectual Property Rights
1) Patent
A patent is a right granted to the owner of an invention that prevents others from making,
using, importing or selling the invention without his permission.
A patentable invention can be a product or a process that gives a new technical solution to a
problem. It can also be a new method of doing things, the composition of a new product, or
a technical improvement on how certain objects work.
Once it is granted, its term of a patent is 20 years from the Date of Filing, subject to the
payment of annual renewal fees.
A patent is an exclusive right granted for an invention – a product or process that provides a
new way of doing something, or that offers a new technical solution to a problem. A patent
provides patent owners with protection for their inventions. Protection is granted for a
limited period, generally 20 years.
For an invention to be patentable, it must, in general, satisfy three key criteria:
1. New: The invention should not be publicly known in any way, anywhere in the world.
Owners of inventions should be careful to keep the invention secret until a patent application
has been successfully made. If the idea has already been talked about, commercially
exploited, advertised or demonstrated, then the novelty of the invention may be
compromised.
2. Inventive step: The invention must be something that represents an improvement over
any existing product or process that is already available.
The improvement must not be obvious to someone with technical skills or knowledge in the
invention’s particular field. If an invention is new yet obvious to a person skilled in the art,
the invention would not fulfill the inventive step requirement.
3. Industrial application – The invention must be useful and have some form of practical
application. It should be capable of being made or used in some form of industry.

The following is not a patentable invention:

• An invention of a method for the treatment of the human or animal body by surgery
or therapy, or of a diagnosis practiced on the human or animal body.
• An invention that could encourage offensive, immoral or anti-social behaviour, even
if it satisfies the key criteria for patents.
2) Trade mark
A trade mark is a sign that you can use to distinguish your business’ goods or services from
those of other traders.
A trademark is a distinctive sign that identifies certain goods or services produced or provided
by an individual or a company. Its origin dates back to ancient times when craftsmen
reproduced their signatures, or “marks”, on their artistic works or products of a functional or
practical nature. Over the years, these marks have evolved into today’s system of trademark
registration and protection. The system helps consumers to identify and purchase a product

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or service based on whether its specific characteristics and quality – as indicated by its unique
trademark – meet their needs.
Trademark protection ensures that the owners of marks have the exclusive right to use them
to identify goods or services, or to authorize others to use them in return for payment. The
period of protection varies, but a trademark can be renewed indefinitely upon payment of
the corresponding fees. Trademark protection is legally enforced by courts that, in most
systems, have the authority to stop trademark infringement.
3) Copyright
Copyright protects works like novels, computer programmes, plays, sheet music and
paintings. Generally, the author of a copyright work has the right to reproduce, publish,
perform, communicate and adapt his work. These exclusive rights form the bundle of rights
that we call copyright and enable the owner to control the commercial exploitation of his
work.
Copyright laws grant authors, artists and other creators protection for their literary and
artistic creations, generally referred to as “works”. A closely associated field is “related rights”
or rights related to copyright that encompass rights similar or identical to those of copyright,
although sometimes more limited and of shorter duration. The beneficiaries of related rights
are:
• Performers (such as actors and musicians) in their performances;
• Producers of phonograms (for example, compact discs) in their sound recordings; and
• Broadcasting organizations in their radio and television programs.
What is protected by copyright?
Copyright protects the expression of ideas (e.g. words and illustrations). Ideas alone are not
protected.
The following may be protected under copyright law:
• Literary works (e.g., written works, source codes of computer programs)
• Dramatic works (e.g.,. scripts for films and dramas)
• Musical works (e.g., melodies)
• Artistic works (e.g., paintings, photographs)
• Published editions of the above works
• Sound recordings
• Films
• Television and radio broadcasts
• Cable programmes
• Performances
4) Geographical indication
A geographical indication (GI) is a sign that identifies a product as originating from a particular
location which gives that product a special quality or reputation or other characteristic. Well-
known examples of GIs include Bordeaux (wine), Darjeeling (tea) and Tuscany (olive oil).
A geographical indication is a sign used on goods that have a specific geographical origin and
possess qualities or a reputation due to that place of origin. Most commonly, a geographical
indication consists of the name of the place of origin of the goods. Agricultural products
typically have qualities that derive from their place of production and are influenced by
specific local geographical factors, such as climate and soil. Whether a sign functions as a
geographical indication is a matter of national law and consumer perception. Geographical
indications may be used for a wide variety of agricultural products, such as, for example,

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“Tuscany” for olive oil produced in a specific area of Italy, or “Roquefort” for cheese produced
in that region of France. The use of geographical indications is not limited to agricultural
products. They may also highlight specific qualities of a product that are due to human factors
found in the product’s place of origin, such as specific manufacturing skills and traditions. The
place of origin may be a village or town, a region or a country. An example of the latter is
“Switzerland” or “Swiss”, perceived as a geographical indication in many countries for
products made in Switzerland and, in particular, for watches.
5) Industrial Design
An industrial design refers to the ornamental or aesthetic aspects of an article. A design may
consist of three-dimensional features, such as the shape or surface of an article, or two-
dimensional features, such as patterns, lines or colour.
Industrial designs are applied to a wide variety of industrial products and handicrafts: from
technical and medical instruments to watches, jewellery and other luxury items; from house
wares and electrical appliances to vehicles and architectural structures; from textile designs
to leisure goods.
To be protected under most national laws, an industrial design must be new or original and
nonfunctional.
This means that an industrial design is primarily of an aesthetic nature, and any technical
features of the article to which it is applied are not protected by the design registration.
However, those features could be protected by a patent.
Intellectual Property System in India
Historically the first system of protection of intellectual property came in the form of
(Venetian Ordinance) in 1485. This was followed by Statute of Monopolies in England in 1623,
which extended patent rights for Technology Inventions. In the United States, patent laws
were introduced in 1760.
Most European countries developed their Patent Laws between 1880 to 1889. In India Patent
Act was introduced in the year 1856 which remained in force for over 50 years, which was
subsequently modified comprehensive bill on patent rights was enacted in the year 1970 and
was called "The Patents Act, 1970".
Specific statutes protected only certain type of Intellectual output; till recently only four forms
were protected. The protection was in the form of grant of copyrights, patents, designs and
trademarks. In India, copyrights were regulated under the Copyright Act, 1957; patents under
Patents Act, 1970; trademarks under Trade and Merchandise Marks Act 1958; and designs
under Designs Act, 1911.
With the establishment of WTO and India being signatory to the Agreement on Trade-Related
Aspects of Intellectual Property Rights (TRIPS), several new legislations were passed for the
protection of intellectual property rights to meet the international obligations. These
included: Trade Marks, called the Trade Mark Act, 1999; Designs Act, 1911 was replaced by
the Designs Act, 2000; the Copyright Act, 1957 amended a number of times, the latest is called
Copyright (Amendment) Act, 2012; and the latest amendments made to the Patents Act, 1970
in 2005. Besides, new legislations on geographical indications and plant varieties were also
enacted. These are called Geographical Indications of Goods (Registration and Protection)
Act, 1999, and Protection of Plant Varieties and Farmers’ Rights Act, 2001 respectively.
Intellectual Property Laws of India - An Overview
1) Copyright
Copyright protection in India is available for any literary, dramatic, musical, sound recording
and artistic work. The Copyright Act 1957 provides for registration of such works. Although
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an author’s copyright in a work is recognised even without registration, it is advisable to get

the same registered since it furnishes prima facie evidence of copyright in a court of law.
Infringement of copyright entitles the owner to remedies of injunction, damages and
accounts.
Copyright in a literary, dramatic, musical or artistic work (other than a photograph) published
within the lifetime of the author subsists for fifty years from the lifetime of the author. An
Amendment Bill is on the anvil to extend the term in favour of performers (at present twenty
five years) to fifty years (in order to bring it in accord with the TRIPS Agreement). The
amendment also aims to bring original works relating to satellite broadcasting, computer
software and digital technology under copyright protection. With the issuance of the
International Copyright Order, 1999, the provisions of Copyright Act have been extended to
nationals of all World Trade Organization (WTO) Member countries.
2) Trade Marks
The law relating to registration of trademarks is governed by the Trade and Merchandise
Marks Act, 1958. A distinctive mark (as defined) can be registered under the said Act. In case
of infringement of registered trademarks, the statutory remedies of injunction, damages,
accounts and delivery up of infringing labels and marks are available. An action for "passing-
off" would lie in relation to an unregistered mark under certain circumstances.
In order to simplify the law and meet India’s international obligations under the TRIPS, a new
law called the Trade Marks Act, 1999 has been passed but has not yet been brought into force.
Extensive changes have been introduced by the new Act. The major changes are given below:
• Definition of a 'mark' is extended to include the shape of goods, packaging, and
combination of colours.
• Service Marks: These would now be allowed to be registered.
• Well Known ‘Mark’: An application for registration of a mark may be refused if it is
similar or identical to a well known mark.
• Collective marks: The new Act will permit registration of marks in favour of
associations of persons as "collective marks". Collective marks are defined as signs
which distinguish the geographical origin, material, mode of manufacture, quality or
other common characteristics of goods or services used or intended to be used, in
commerce, by the members of a co-operative, an association, or other collective
group or organisation.
• Duration of registration: The 7 years period available under the existing Act has been
increased to 10 years, extendable by further periods of ten years each.
• Multiclass registration applications: Applicants would be able to file a single
application for marks capable of registration in number of classes.
• Infringement of a mark: Offences relating to trade mark infringement have been dealt
with more severely under the new Act.
3) Patents
The subject is covered by the Patents Act, 1970. India recognises product patent protection
for a period of 14 years. However, in three areas: food, chemicals and pharmaceuticals, it
recognises only a process patent for a period of 7 years. With the signing of the GATT
Agreement, the Patents Act, 1970 has been amended by the Patents (Amendment) Act, 1999
to bring it in line with the Trade TRIPS Agreement. The amended law would allow the filing of
all product patents with a regulatory authority. It also contains provision for granting Exclusive
Marketing Rights (EMRs) for five years or till the patent is granted or rejected whichever is
earlier.

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The Patents (Second Amendment) Act 2002 recently passed by the Parliament provides
protection for new microorganisms and proposes a uniform 20 year term from filing date for
all patents granted after commencement of the Act. It also provides for publication of all
patent applications within 18 months of filing or priority date, whichever is earlier.
4) Industrial Design
The Designs Act, 2000 protects certain designs. The features of shape, configuration, pattern,
ornament or composition of lines or colours applied to any ‘article’ whether in two- or three-
dimensional forms (or both), by an industrial process which appeals to the eye can be
registered under the said Act. The Designs Act 2000 brought into force in May 2001 entitles
an applicant to apply for registration in more than one class. However, registration is granted
for only one class. Furthermore, detailed classification of designs has been incorporated
conforming to the international regime.
Copyright in the design under the 2000 Act would be protected for a period of 10 years from
the date of registration.
5) Geographical Indication
The Geographical Indication of Goods (Registration and Protection) Act, 1999, was enacted to
register and protect geographical indicia of goods that originate from or are manufactured in
a particular territory, region or even locality. These goods include agricultural, natural or
manufactured goods that are distinct from similar products due to quality, reputation or any
other characteristic that is essentially attributable to their geographical origin. Under the Act,
such distinctive geographical indicia can be protected by registration. The Act thus facilitates
promotion of Indian goods when exported overseas and in turn protects consumers from
deception.
An application for registration of a geographical indication can be made by any authority,
organization or association of persons representing the interest of the producers of the
concerned goods. Registration would entitle a registered proprietor, or a duly authorized
user, to the exclusive right of usage of that particular geographical indication with respect to
the goods for which it is registered and to obtain relief for any infringement thereof. It may
be pointed out however, that non-registration does not mean non-protection of a rightful
user. Registration affords better protection in an action for infringement.
The validity of bona fide registration of a geographical indication as a trade mark prior to the
coming into force of the Act will not be affected by this enactment and will be treated as valid
under the laws relating to trade marks.
What is Integrated Circuit?
An integrated circuit (IC), sometimes called a chip or microchip, is a semiconductor wafer on
which thousands or millions of tiny resistors, capacitors, and transistors are fabricated. An IC
can function as an amplifier, oscillator, timer, counter, computer memory, or microprocessor.
A particular IC is categorized as either linear (analog) or digital, depending on its intended
application.
Linear ICs have continuously variable output (theoretically capable of attaining an infinite
number of states) that depends on the input signal level. As the term implies, the output
signal level is a linear function of the input signal level. Ideally, when the instantaneous output
is graphed against the instantaneous input, the plot appears as a straight line. Linear ICs are
used as audio-frequency (AF) and radio-frequency (RF) amplifiers. The operational amplifier
(op amp) is a common device in these applications.
Digital ICs operate at only a few defined levels or states, rather than over a continuous range
of signal amplitudes. These devices are used in computers, computer networks, modems, and

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frequency counters. The fundamental building blocks of digital ICs are logic gates, which work
with binary data, that is, signals that have only two different states, called low (logic 0) and
high (logic 1).
The World Intellectual Property Organization (WIPO)
The World Intellectual Property Organization (WIPO) is one of the specialized agencies of the
United Nations (UN) system of organizations. The “Convention Establishing the World
Intellectual Property Organization” was signed at Stockholm in 1967 and entered into force
in 1970. However, the origins of WIPO go back to 1883 and 1886, with the adoption of the
Paris Convention and the
Berne Convention respectively. Both of these conventions provided for the establishment of
international secretariats, and both were placed under the supervision of the Swiss Federal
Government. The few officials who were needed to carry out the administration of the two
conventions were located in Berne, Switzerland.
Established in 1970, the World Intellectual Property Organization
(WIPO) is an international organization dedicated to helping ensure that the rights of creators
and owners of intellectual property are protected worldwide, and that inventors and authors
are therefore recognized and rewarded for their ingenuity.
This international protection acts as a spur to human creativity, pushing back the limits of
science and technology and enriching the world of literature and the arts.
By providing a stable environment for marketing products protected by intellectual property,
it also oils the wheels of international trade.
WIPO works closely with its Member States and other constituents to ensure the intellectual
property system remains a supple and adaptable tool for prosperity and well-being, crafted
to help realize the full potential of created works for present and future generations.
Application and Procedures of Intellectual Property
1) Copyright Registration
Copyright comes into existence as soon as a work is created and no formality is required to
be completed for acquiring copyright. However, facilities exist for having the work registered
in the Register of Copyrights maintained in the Copyright Office of the Department of
Education. The entries made in the Register of Copyrights serve as prima-facie evidence in the
court of law.
Copyright Office: The Copyright Office has been set up to provide registration facilities to all
types of works and is headed by a Registrar of Copyrights and is located at B.2/W.3, C.R.
Barracks, Kasturba Gandhi Marg, New Delhi- 110 003.
Procedure for Registration: Chapter VI of the Copyright Rules, 1956, as amended, sets out
the procedure for the registration of a work. The procedure for registration is as follows:
• Application for registration is to be made on Form IV ( Including Statement of
Particulars and Statement of Further Particulars) as prescribed in the first schedule to
the Rules
• Separate applications should be made for registration of each work
• Each application should be accompanied by the requisite fee prescribed in the second
schedule to the Rules
• The applications should be signed by the applicant or the advocate in whose favour a
Vakalatnama or Power of Attorney has been executed. The Power of Attorney signed
by the party and accepted by the advocate should also be enclosed.

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• Each and every column of the Statement of Particulars and Statement of Further
Particulars should be replied specifically.
• Three copies of published work may be sent along with the application. If the work to
be registered is unpublished, a copy of the manuscript has to be sent along with the
application for affixing the stamp of the Copyright Office in proof of the work having
been registered.
• In case two copies of the manuscript are sent, one copy of the same duly stamped will
be returned, while the other will be retained, as far as possible, in the Copyright Office
for record and will be kept confidential. It would also be open to the applicant to send
only extracts from the unpublished work instead of the whole manuscript and ask for
the return of the extracts after being stamped with the seal of the Copyright Office.
When a work has been registered as unpublished and subsequently it is published, the
applicant may apply for changes in particulars entered in the Register of Copyright in Form V
with prescribed fee.
2) Registration of Geographical Indications

Fee
An initial amount of Rs 5000/- (Rupees Five Thousand) needs to paid along with the duly filled
Application form. The amount is payable in cash or cheque.
3) Registration of Designs
The registration of industrial designs under the Designs Act, 2000 is done by the Designs Wing
of the Patent Office located at Kolkata. However, applications can be filed at other offices of
the Patent Office, namely, at Delhi, Mumbai and Chennai.
The thrust of the modernization programme of the Designs Wing includes a transition from
the essentially paper-based examination procedures to an IT-based system supported by the
computerization of existing records, on line search facilities, setting up of a user-friendly
website and creation of a digital library.
Ten Steps for Registration of industrial design given by the Designs Wing are as follows:
Step 1. Finding out whether any registration already exists: The Designs office can assist you
to search whether the design has been previously registered. If the registration number is
known, Form No.-6 should be filed along with the prescribed fees of Rs. 500. If the

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representation of the article or the specimen of the article is filed Form No.-7 along with the
prescribed fees of Rs. 1,000 is required.
Step 2. Preparing a representation of the design: A representation is the exact
representation of the article on which the design has been applied. It should be prepared on
white A4 size paper of durable quality. Do not prepare it on cardboard or mount it on other
paper. Indicate details of the design and applicant clearly.
Step 3. Identifying the class of design: Designs are required to be categorized in separate
classes in order to provide for systematic registration. An internationally accepted
classification of Industrial Designs based upon the function of the article is required. The class
and sub-class should be mentioned in the application. There are 32 classes and most of the
classes are further divided into sub-classes.
Step 4. Providing a statement of novelty: A statement of novelty should be included on the
representation of a design as per the Act in order to specify the claim. This will enable speedier
examination and provide a more specific protection. The claim will protect the overall visual
appearance of the design as described in the representation of drawing.
Step 5. Including a disclaimer: If the ornamental pattern on an article is likely to be confused
with a trade mark, suggests any mechanical action or contains words, letters, numerals, etc.,
a disclaimer should be included in the representation.
Step 6. Claiming a priority date: If you have applied for protection of the design in convention
countries or countries which are members of inter-governmental organizations, you can claim
registration of the design citing a priority date in India. This is the date of filing of the
application in any of such countries provided the application is made in India within six
months.
Step 7. Determining the fee to be paid: Applications are to be accompanied by the required
fee through cheque or draft payable at Kolkata or in cash (if filed in Design Office, Kolkata).
Application for the registration of design is Rs 1,000 and for renewal it is Rs. 2,000.
Step 8. Ensuring all enclosures are attached: File an application only after ensuring that all
enclosures and fee in the required numbers are attached. Applications can be filed in either
the Design Office in Kolkata or the branch offices of the Patent office in Delhi, Mumbai or
Chennai.
Step 9. Complying with objections (if any): If the Design Office seeks additional information
or clarifications after preliminary examination, please ensure that these are provided
promptly. This will help the office to take up your application for early examination.
Step 10. Providing full details: While filing an application make sure that all contact details
and addresses are clearly and legibly filled in. This will enable the office to keep in touch with
you and convey decisions.

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4) Trade Mark Registration

The procedure of registering a Trademark is as follows:

Registering Trademarks Abroad: Trademark is a territorial right and is hence limited to the
territory to which it pertains. Thus, a valid registration of a trademark in the home country
gives you right only in the home country unless it is a well-known mark. If you want to register
a trademark outside India, there are three main ways to do it.
National route: One has to apply to the trademark office of each country in which it is seeking
protection by filing the corresponding application in the required language and by paying the
required fees. A country may require you to use the local patent agent.
The Regional route: If one wishes to apply for protection in countries, which are members of
the regional trademark system, you may apply for registration with effect in the territories of
all member countries by filing an application at a relevant regional Office.
The International route : If the home country is a member of the Madrid system, and your
trademark has been registered or applied for in or with effect in that country, you may use

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the Madrid system (Administered by WIPO) to register your trade mark in more than 70
countries. India is now a member of the Madrid Protocol.
Term of Registration: The term of a trademark registration is for a period of ten years. The
renewal is possible for further period of 10 years at a time. Unlike patents, copyrights or
industrial design trademark rights can last indefinitely if the owner continues to use the mark.
However, if a registered trademark is not renewed, it is liable to be removed from the register.
5) Patent Registration
The process of registering a patent in India starts even before a patent application is filed with
the patent office in India.
Step 0 – Decision on doing it yourself or engaging a professional
Before you proceed with the patent filing process / procedure, you need to decide if you will
be using the assistance of a patent professional or undertaking the patent process yourself.
Considering the number of deadlines and the impact of these deadlines, it is highly
recommended that you engage a patent professional / firm who has years of experience in
the patent field.
If you decide to use the services of a professional, then make sure that you sign a Non-
Disclosure Agreement (NDA) with the patent professional / firm before disclosing the
invention to them. It is a good idea that all your disclosures with any third parties are done
confidentially and you sign NDA’s with each party.
Step 1 – Check the Patentability of the invention by performing a search for similar
technologies
Before filing a patent application in India or in any other country, the first step (optional but
recommended) in the patent filing process is to perform a detailed patentability search to
determine the chances of getting a patent. The search should ideally be performed for both
patent and non-patent references.
The advantage of a search is it provides a good idea on the merit of the invention and helps
in deciding if there are good chances of ultimately getting a patent granted. Furthermore,
based on the references (prior art) discovered during the search, you have the option of fine-
tuning your patent application to ensure that you don’t end up filing a patent for something
which already existed.
Hence, a thorough patentability search is always advised but from a patenting process point
of view is totally optional.
If you are thinking of going international with your patent application, spending time and
money on the search will be well worth every Rupee.
Step 2 – Drafting a patent application (Provisional or Complete)
Once, you have made up your mind to go forward with the patent application process, the
next step is to prepare an Indian patent application (Form 1).
Each patent application has to be mandatorily accompanied by a patent specification (Form
2). Based on the state of the invention, you can either file a provisional patent application or
a complete patent application (also known as Non-provisional in some countries).
If the invention is still in the development mode and tests are underway, it is a good idea
to quickly file a provisional application to block the all-important filing date. Filing of the
provisional application gives you 12 months of time to test and finalize your invention and file
the complete application.
Step 3 – Filing the patent application in India
Patent filing in India can happen in the following scenarios:

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• First filing in India – Once the patent application is drafted, the next step is to file the
patent application in India and secure the filing date. In case you are filing a provisional
application first, you need to file the complete application with 12 months from the
provisional filing date.
• Foreign filing decision – Further, if you are interested in protecting your invention in
foreign jurisdictions, the maximum time allowed is 12 months from your first filing date.
Based on the countries you are interested in; you can opt for filing a convention
application in Paris convention members individually in each of the countries you are
interested in protecting your invention. Alternatively, you can use the Patent Cooperation
Treaty (PCT) system to reserve your right in 140 odd member countries. Both the systems
have their pros and cons and the decision of choosing one over another changes based
on your requirements and will be the basis of another post.
• Foreign applications entering India – In other scenario where the patent application was
first filed in a foreign jurisdiction and the patent applicant is interested in filing a patent
application in India under the Paris Convention route or the PCT route, the time limit to
enter India is 12 months and 31 months respectively.
Step 4 – Publication of patent application
• When is it published? – Every patent application which is filed with the Indian patent
office is kept as a secret till the time it is published. Indian patent office will publish patent
applications ordinarily after 18 months. This is an automatic event and you need not make
any request. However, if you wish to get your application published earlier, you can make
a request for early publication (Form 9) and your application will ordinarily be published
in 1 month from the request.
• Advantage of publication – The date of publication is important as your privileges and
rights start from the date of publication, although you can’t enforce your rights by way of
any infringement proceedings until your patent is granted.
• When not published – It is also important to know that there are a few scenarios under
which a patent application may not be published and kept as a secret:
• Secrecy directions have been imposed under the patent act. Secrecy directions are
imposed if the invention falls in a category publication of which could be against the
interest of the nation.
• A complete application was not filed within 12 months from the date of filing of the
provisional application
• A request for withdrawal was made. Such a request has to be made at least 3 months
prior to publication. So, for practical purposes it is 15 months from the date of priority
in a standard patent application process.
Step 5 – Examination of the patent application
Every patent application which is filed for protection has to be substantively examined before
a patent is finally granted. The examination process is where your patent application will
finally be examined on merits of the invention as described and claimed in the patent
specification.
Step 6 – Final decision on grant of patent
Once, the patent application overcomes all the objections, the patent will be granted and
published in the patent gazette.

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Step 7 – Renewal
After the patent has been granted, it has to be renewed every year by paying the renewal fee.
A patent in India can be renewed for a maximum period of 20 years from the patent filing
date.
Questions
3 Marks
1) What is Creativity?
2) What is Innovation?
3) What is Intellectual Property?
4) What is Patent?
5) What is Trade mark?
6) What is Copyright?
7) What is Geographical indication?
8) What is Industrial Design?
9) What is Integrated Circuit?
7 Marks
1) Distinguish between creativity and innovation
2) Explain Intellectual Property System in India
3) Write a note on World Intellectual Property Organization (WIPO)
4) Explain laws related to Copyright in India
5) Explain laws related to Trade Marks in India
6) Explain laws related to Patents in India
7) Explain laws related to Industrial Design in India
8) Explain laws related to Geographical Indication in India
10 Marks
1) Explain Characteristics of Intellectual Properties
2) Explain Origin and Development of Intellectual Property
3) Explain different types of Intellectual Property Rights
4) Explain Intellectual Property Laws of India
5) Explain steps involved in Trade Mark Registration
6) Explain steps involved in Patent Registration
7) Explain steps involved in Copyright Registration
8) Explain steps involved in Registration of Geographical Indications
9) Explain steps involved in Registration of Designs

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