Intellectual Property Rights : Summary

Intellectual Property refers to the creations of mind. The intellectual property right is intangible in
nature and like physical property all rights can be accrued for exploiting its potential. Intellectual
property rights (IPRs) are granted by appropriate laws of the Country. Today large corporations are
judged by the intellectual capital or the intellectual properties the corporations own.

Legal protection of Intellectual property rights is very old from ancient days. The history of Patent law in
India started from 1911 when the Indian Patents and Designs Act, 1911 was enacted. The present
Patents Act, 1970 came into force in the year 1972, amending and consolidating the existing law relating
to Patents in India. Patents (Amendment) Rules, 2006 are made effective from 5 th May 2006.

World Intellectual Property Organization (WIPO) is an UN organization dedicated to promoting the use
and protection of creative works, with Headquarters in Geneva, Switzerland. There are 185 nations as
member states, India being one of them.

Major categories of IPR are i) patents, ii) designs, iii) trademarks, iv) Copy rights

Other IPR categories are : Geographical indications, Traditional knowledge, biological resources,
semiconductor layouts and Computer related inventions.

Patents: A patent is a protection given to a patentee for an invention for a limited term by the
government for disclosing the invention. Patent holder has the Right to exclude others from using your
invention.

Criteria for Patentability as per the Patents Act, 1970: i) Novelty ii) Inventive Step and iii) Industrial
Applicability.

Not patentable products or processes are specified in the Patents Act.

Patenting process involves various stages: Patent application filing (with provisional or complete
specifications), publication by patent office, examination and issuance of First Examination Report (FER),
pre grant opposition and clarifications on objections and final grant.

To obtain patents in various countries, application under Patent Cooperation Treaty (PCT) can be made.

Designs or Industrial Designs :

Industrial designs are applied to products of industry and handicraft, technical and medical instruments,
watches, jewelry, house wares, electrical appliances, luxury items, vehicles, architectural structures,
textile designs. Ornamental or Aesthetic aspect of an article, 3-D or 2-D features such as shape or
surface, patterns, lines or color are protected. Does not protect any technical features of the article to
which it is applied to.

Indian Designs Act, 2000 is aimed at promoting and protecting the design element of industrial
production.
Trademark is a distinctive sign used to identify the goods and services of one company from those of
another. Consumers choose between products/services based on their reputation and quality.
Trademarks can be registered under The Trademarks Act, 1999.

Copyright is given for literary and artistic works. Literary works include novels, poems, plays etc., films,
musical compositions, and choreography. Paintings, drawings, photographs etc., fall into artistic works.
Copyright is acquired automatically after creation of work however certificate of registration will serve
as evidence in a court of law if any dispute arises.

Computer Software or computer programs can be registered as ‘literary works’. As per Section 2 (o) of
the Copyright Act, 1957.

Many of the activities related to IPRs can be dealt online and the corresponding website is:
www.ipindia.nic.in. Office of Controller General of Patents, Designs & Trade Marks administers various
IPRs.