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Subject: Intellectual Property Rights

Assignment Number 01
(Introduction to IPR and brief on topic selected)
Class: MTech (2st year)
Branch: Structural Engineering
Name and MIS of students:
Name MIS
Akshay Raju Vibhute 121819002
Padmabhushan Narsingrao Bansode 121919004
Rajesh Ogadmal Lohar 121919009
Rohit Rakesh Kesarwani 121919012
Sandeep Suresh Tanavadekar 121819014
Viraj Kiran Girme 121819017

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Introduction of IPR (Intellectual Property Right)

DEFINATION AND MEANING

1. Intellectual Property Right is exclusive right is granted by government of India for

protection originality of work of inventor. Simple intellectual property right is
intangible creation of human mind. In this intellectual Property right includes in Patent,
Trademark, Trades crates, Industrial design, Layout design and Copyright oriented
rights.
2. It is certification authority and standard authority for certification and identification of
product in would wide market. This intellectual property right is the rights given to
people over the creation of their minds. They usually give the creator an exclusive right
over the use of his/her creations for a certain period of time.
3. Intellectual property refers to creations of the mind, inventions in artistic, literary,
scientific and industrial field. It is important application for Protection of invention of
inventor and maintaining the quality as well as standard of work of inventor
4. Intellectual Property Rights are legal rights, which result from intellectual activity in
industrial, scientific, literary & artistic fields. These rights Safeguard creators and other
producers of intellectual goods & services by granting them certain time-limited rights
to control their use. Protected IP rights like other property can be a matter of trade,
which can be owned, sold or bought. These are intangible and no exhausted
consumption.

BASIC CONCEPT IN IPR

translated into a tangible form that is assigned certain rights of property.

author's copyright on a book or article, a

distinctive logo design representing a soft drink company and its products, unique design
elements of a web site, or a patent on the process to manufacture chewing gum.

e defined as the rights given to people over the

creation of their minds. They usually give the creator an exclusive right over the use of his/her
creations for a certain period of time.

ions, literary and artistic

works, and symbols, names, images, and designs used in commerce

OBJECTIVES OF IPR

to certain types of information, ideas, or other intangibles in their expressed form.

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arious exclusive rights

in relation to the subject matter of the Intellectual Property.

mind or the intellect, and that Intellectual Property rights may be protected at law in the same
way as any other form of property.

registration or enforcement of IP rights must be pursued or obtained separately in each territory

of interest

ORIGIN AND DEVELOPMENT OF INTELLECTUAL PROPERTY

1. Paris Convention

Paris Convention is an International Convention, which provides the common platform for
protection of industrial property in various countries of the world. Prior to the existence of any
international convention in the field of industrial property, seeking protection for industrial
property in various countries was difficult due to diversity of their laws.

Paris convention for the protection of Industrial property was convened in Paris in 1883 and
was initially signed by 11 states (WIPO, 2017) Convention was revised at Brussels in 1900, at
Washington in 1911, at The Hague in 1925, at London in 1934, at Lisbon in 1958 and at
Stockholm in 1967 and was amended in 1979 (WIPO, 2017).

The Paris Convention addresses patents, industrial design rights, trademarks, well known
marks, names and unfair competition (Colston, 1999). The Republic of India is a member of
Paris Convention since December 7, 1998. At present total 177 member countries are part of
the Paris Convention.

2. Berne Convention

Berne Convention was formulated in the year 1886, for the protection of Literary and Artistic
works. “To protect, in as effective and uniform a manner as possible, the rights of the authors
in their literary and artistic works” is the aim of the Convention (WIPO, 2017).

Berne Convention protects literary works, artistic works, dramatic works, musical works and
cinematographic works and it also protects derivative works based on other pre-existing works,
such as translation, adaptations, arrangements of music and other alterations of a literary or
artistic work. Berne Convention states the duration of the copyright protection as 50 years after
the author’s death. The Berne Convention was revised several times to cope up with the
technological challenges that is, first revision took place in Berlin in 1908, followed by the
revision in Rome in 1928, in Brussels in 1948, in Stockholm in 1967, and in Paris in 1971
(Ahuja, 2015).

Basic principles of Berne Convention are, “national treatment”, according to which works
originating in one of the member States are to be given the same protection in each of the
member States as these grant to works of their own nationals, “automatic protection”, according
to which such national treatment is not dependent on any formality that is, protection is granted
automatically and is not subject to the formality of registration, deposit or the like, and

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“independent of protection”, according to which enjoyment and exercise of the rights granted
is independent of the existence of protection in the country of origin of the work. It is
administered by WIPO.

3. Madrid Agreement

Madrid Agreement was framed on April 14, 1891 which deals with International registration
of Marks and Protocol related to Madrid Agreement, concluded in 1989. Contracting countries
to this Madrid Agreement, secure protection for their marks applicable to goods or services,
registered in the country of origin, by filling the said marks at the International Bureau of
Intellectual Property. Duration of the protection is valid for 10 years and which can be renewed
by paying prescribed fees (Arora, 2016). Currently, total 100 members are under Madrid
Agreement covering 116 contracting countries. It is administered by WIPO.

4. Patent Co-Operation Treaty

The Patent Co-Operation treaty is an International treaty, which assists applicants in seeking
patent protection internationally for their inventions. It also helps patent offices with their
patent granting decisions, and facilitates public access to a wealth of technical information
relating to those inventions. PCT was framed at Washington on June 19, 1970 and the latest
amendment to the PCT regulations was done on 1 July, 2017. There are currently 152
contracting countries (Patent Cooperation Treaty, 2017)

5. World Intellectual Property Organization (WIPO)

WIPO is the global forum for intellectual property services, policy, information and
cooperation, which was established in the year 1967. Mission of the WIPO is to lead the
development of a balanced and effective international intellectual property (IP) system that
enables innovation and creativity for the benefit of all. WIPO has 191 member states and
headquarters is at Geneva, Switzerland. WIPO administers conventions namely, PCT-The
International Patent System, Madrid-The International Trademark System, Hague- The
International Design System, Lisbon- The International system of Appellations of Origins , and
Budapest-The International Microorganism Deposit System (WIPO, 2017).

TYPES OF IPR

Geographical indications

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DURATION OF INTELLECTUAL PROPERTY RIGHTS

irrespective of whether it is filed with provisional or complete specification. Date of patent is

the date on which the application for patent is filed.

which is deemed to be the date of registration.

aphical indication is valid for a period of 10 years.

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.

years for trees and vines, 15 years for other crops and extant varieties.

APPLICATIONS OF IPR

maintaining the quality and standard of drug or drug related product or services.

ant to maintain the quality, purity and safety of drug

products.

l,
drug development, drug synthesis and Manufacturing industries.

ld.

or Pharmaceutical Formulations.

properties and drug quality.

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ellectual property right is exclusive right is granted by government of India for protection
of invention of inventor.

copyright.

n as well as identification mark for identification of product in would

wide market has function of trademark.

-oriented data has function of

Trade secrets.

is applicable for Maintaining the utility, designing and Novelty of Patented data.

out
oriented semiconductor devices.

art or not is conducted by IPR.

Amendment of patent act in 1999, 2002, 2005 and 2006.

is applicable for determination of Commercialization and Patent Licensing Processes.

COPYRIGHT LAW OF INDIA

Copyright is a right given by the law to creators of literary, dramatic, musical and artistic works
and producers of cinematograph films and sound recordings. In fact, it is a bundle of rights
including, inter alia, rights of reproduction, communication to the public, adaptation and
translation of the work (Handbook of Copyright Law).

"Copyright" means to do or authorise the doing of any of the following acts in respect of a
work, such as literary, dramatic or musical work, not being a computer programme, computer
programme, an artistic work, cinematograph film, sound recording (Indian Copyright Act of
1957).

Copyright in India is governed by the Copyright Act, 1957, which was came into effect from
January 1958. Further, the act was revised and amended time to time in the years, 1983, 1984,
1991, 1994, 1999, and 2012.

1. Term of Copyright

Term of copyright subsist in published literary, dramatic, musical and artistic works (other than
photograph) published within the lifetime of the author until sixty years from the beginning of

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the calendar year next following the year in which the author dies and in case of joint
authorship, be constructed as a reference to the author who dies last (Indian Copyright Act of
1957). Term of copyright in case of a literary, dramatic, musical or artistic work (other than
photograph), which is published anonymously or pseudonymously, copyright will exists sixty
years from the beginning of the calendar year (Indian Copyright Act of 1957).

2. Infringement of Copyright

Infringement of intellectual property happens when someone attempts to exploit the rights
conferred on the respective owners under different forms of IP without the assent of the owners
or persons authorized by them. Copyright is one of the form of intellectual property
(Gopalakrishnan, 2009).

According to the section 51, Indian Copyright Act, 1957, copyright in a work shall be deemed
to be infringed-

a) When any person, without a license granted by the owner of the copyright or the Registrar
of Copyrights under this Act or in contravention of the conditions of a license so granted or of
any condition imposed by a competent authority under this Act- i) Does anything, the exclusive
right to do which is by this Act conferred upon the owner of the copyright or ii) Permits for
profit any place to be used for the communication of the work to the public where such
communication constitutes an infringement of the copyright in the work, unless he was not
aware and had no reasonable ground for believing that such communication to the public would
be an infringement of copyright, or b) When any person- i) Makes for sale or hire, or sells or
lets for hire, or by way of trade displays or offers for sale or hire, or ii) Distributes either for
the purpose of trade or to such an extent as to affect prejudicially the owner of the copyright,
or iii) By way of trade exhibits in public, or iv) Imports into India, any infringing copies of the
work (Indian Copyright Act of 1957).

Provisions related to Protection of technological measures, under section 65A(1) of The

Copyright (Amendment) Act, 2012, states, any person who circumvents an effective
technological measure applied for the purpose of protecting any of the rights conferred by this
Act, with the intention of infringing such rights, shall be punishable with imprisonment which
may extend to two years and shall also be liable to fine.

3. Fair Use

An exception to infringements is fair use. Some unauthorized uses of copyright work for certain
specific reasons are allowed by law and they are not considered as an infringement of that work
and such unauthorized use is termed as “fair use” or “fair dealing” (Ahuja, 2015) Fair use is
the right to use a copyrighted work under certain conditions without permission of the
copyright owner (Copyright and Fair use: A Guide for the Harvard Community). Fair use
provisions relating to free uses in the act is to strike a balance between the interests of the
copyright owner and the interests of the society at large (Ahuja, 2015). Fair use exceptions of
India, U.S.A. and U. K., related to library are discussed

CONCLUSION

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Intellectual Property Right is Government Right is granted by the Government of India.

Intellectual Property right is concerned with intellectual activity in industrial, scientific, literary
& artistic fields. These rights Safeguard creators and other producers of intellectual goods &
services by granting them certain time-limited rights to control their use. The rights given to
people over the creation of their minds. They usually give the creator an exclusive right over
the use of his/her creations for a certain period of time.

Brief About Geographical indications

GI are signs used on goods that have a specific geographical origin and possess qualities or a
reputation that are due to that place of origin? Agricultural products typically have qualities
that derive from their place of production and are influenced by specific local factors, such as
climate and soil. They may also highlight specific qualities of a product, which are due to
human factors that can be found in the place of origin of the products, such as specific
manufacturing skills and traditions. A geographical indication points to a specific place or
region of production that determines the characteristic qualities of the product that originates
therein. It is important that the product derives its qualities and reputation from that place. Place
of origin may be a village or town, a region or a country. It is an exclusive right given to a
particular community hence the benefits of its registration are shared by the all members of the
community. Recently the GIs of goods like Chanderi Sarees, Kullu Shawls, and Wet Grinders
etc have been registered. Keeping in view the large diversity of traditional products spread all
over the country, the registration under GI will be very important in future growth of the tribes
/ communities / skilled artisans associated in developing such products.

"Geographical indication", in relation to goods , means an indication which identifies such

goods as agricultural goods, natural goods or manufactured goods as originating, or
manufactured in the territory of a country, or a region or locality in that territory, where a given
quality, reputation or other characteristic of such goods is essentially attributable to its
geographical origin and in case where such goods are manufactured goods one of the activities
of either the production or of processing or preparation of the goods concerned takes place in
such territory, region or locality (The Geographical Indications of Goods (Registration and
Protection) Act).

WIPO expresses, geographical indication (GI) as a sign used on products that have a specific
geographical origin and possess qualities or a reputation that are due to that origin.
Geographical indications are typically used for agricultural products, foodstuffs, wine and spirit
drinks, handicrafts, and industrial products (Geographical Indications WIPO, 2017).

Geographical indications in India are administered under The Geographical Indications of

Goods (Registration and Protection) Act, 1999. Registration of GI shall be valid for the
duration of ten years and may be renewed time to time in accordance with the provisions of the
section.

The basic three functions of geographical indications are, firstly, they identify goods as
originating in particular territory, or a region or locality in that territory; secondly, they suggest
the consumers that the goods come from an area where a given quality, reputation or other
characteristic of the goods is essentially attributable to their geographic origin; and thirdly, they
promote the goods of producers of a particular area (Ahuja, 2015)

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