1.

1 Define intellectual property

Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names
and images used in commerce.
1.2 Define intellectual property rights
A right that is had by a person or by a company to have exclusive rights to use its own plans, ideas, or other intangible assets without
the worry of competition, at least for a specific period of time. These rights can include copyrights, patents, trademarks, and trade
secrets. These rights may be enforced by a court via a lawsuit. The reasoning for intellectual property is to encourage innovation
without the fear that a competitor will steal the idea and / or take the credit for it.
1.3 Types of intellectual properties or intellectual property rights
There are basic 5 types of intellectual property rights:- 1. Patents 2. Copyright 3. Trademark 4. Industrial design 5. Geographical
indication and others are 6. Trade secret 7. Related rights 8. Related rights.
1.4 Conventions and agreements for intellectual properties
1.Paris Convention 2.Berne Convention 3. Madrid Agreement 4. Patent Co-Operation Treaty 5.TRIPS Agreement 6. World Intellectual
Property Organization (WIPO)
1.4.1Paris 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.
1.4.2 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, and 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 “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.
1.4.3 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.
1.4.4 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).
1.4.5 TRIPS Agreement
TRIPS (Trade-Related Aspects of Intellectual Property Rights) Agreement is a multilateral agreement on intellectual property, which
came into force on 1 January, 1995. TRIPS Agreement is administered by WTO (World Trade Organization). It is an attempt to narrow
the gaps in the way these rights are protected around the world, and to bring them under common international rules (WTO, 2017).
The agreement operates on a foundation of two of the existing conventions by embodying the substantive provisions of the Paris and
Berne Conventions, as well as adding new provisions (Colston, 1999). The types of intellectual property covered by the TRIPS
Agreement are copyright and related rights, trademarks, including service marks, geographical indications, industrial designs,
patents, layout-designs of integrated circuits and undisclosed information, including trade secrets. It establishes minimum levels of
protection that each government has to give to the intellectual property of fellow WTO members (WTO, 2017).
1.4.6 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).
1.5 Why do Intellectual Property Rights Matter?
The first reason is that it is both just and appropriate that the person putting in the work and effort into an intellectual creation has
some benefit as a result of this endeavor. The second reason is that by giving protection to intellectual property many such
endeavors are encouraged and industries based on such work can grow, as people see that such work brings financial return.
1.6 Benifits of intellectual property rights
1. to provide incentive towards various creative endeavors of the mind by offering protections; 2. to give such creators official
recognition;3. to create repositories of vital information;4. to facilitate the growth of both domestic industry or culture, and
international trade, through the treaties offering multi-lateral protection.
1.7 Difference between intellectual property protection (IPP) and intellectual property rights
Intellectual property (IP) refers to any original creation of the human intellect such as artistic, literary, technical, or scientific creation.
Intellectual rights (from the French "droits intellectuels") Intellectual property rights (IPR) refers to the legal rights given to the
inventor or creator to protect his invention or creation for a certain period of time. To enjoy the IPR there are certain protection tools
designed such as patent, copyright, trademark, industrials rights design etc. Such protection is known as Intellectual Property
Protection (IPP). The IPR are the legal rights granted by the government or governing council which allows the owner of the
intellectual property to completely take benefit of the work commercially for a certain period of time. But the owner has to disclose
all the information related to the work in lieu [2,3].
1.7 History of intellectual property
Intellectual property (IP) is a term that refers to work or inventions that are created as a result of someone’s creativity. The person
responsible for the creation is given rights to them in the form of patents, copyrights or trademarks. The concept of IP did not
happen overnight. Instead, IP as we know it today, has evolved over time.
The Origins of Intellectual Property
The idea of IP dates all the way back to 500 BC. It came about because the Greek state of Sybaris allowed its citizens to obtain a
patent for “any new refinement in luxury.” Since then, refinements have been made and laws regarding copyrights and trademarks
have become more complicated. However, the intent of the laws has always remained the same. The laws are created to encourage
people’s creativity and make it possible for inventors to reap the benefits of their original ideas.
The Advent of Copyrights, Patents and Trademarks
Intellectual property is protected through the obtaining of copyrights, patents and trademarks. These entities were not mentioned in
the early history of IP. The first statue involving any of these ideas did not occur until medieval times in Europe, when the Statute of
Monopolies was initiated in 1623. During this time, various guilds controlled all major industries. Each guild held a significant amount
of power, as the government endowed them to dictate which products and raw materials could be imported and how the items
could be produced and sold. The guilds were also in charge of bringing new innovations to the marketplace. So, they had control over
inventions, even if they did not create them themselves.
Ownership Rights
The Statute of Monopolies made it possible for inventors to retain the rights of their creations, and monopolies were no longer
granted. The law also guaranteed that inventors would be given a 14-year period of exclusive rights to govern how their inventions
were used. Then, in 1710, another piece of legislation, The Statute of Anne, came into being. This statute provided 14 years of
protection for an inventor. It also allowed inventors to renew their protection for another 14 years. It is important to note that this
statute focused on copyrights for authors so they could have power over the recreation and distribution of their work. It protected
inventors and their innovations and creations as well.
Intellectual Property in the Colonies
Twelve of the original colonies established their own systems for protecting its citizens’ IP. The only colony to not participate was
Delaware. It soon became evident that having individual systems for each state was not the best idea. This discovery lead to the
creation of federal laws that had precedence over state laws.
Global Intellectual Property
In 1883, the Paris Convention was created. This international agreement provided protection to inventors so their innovations were
safe, even if they were used in other countries. Then, in 1886, the Berne Convention was initiated to provide international protection
of all forms of writing, including songs, drawings, operas, sculptures and paintings. In 1891, trademarks gained wider protection with
the establishment of the Madrid Agreement. Eventually, the offices that were created by the Paris and Berne Conventions combined
to create the United International Bureaux for the Protection of Intellectual Property, which eventually became the current-day
World Intellectual Property Organization, an office of the United Nations.
History of Copyright Law
Formal copyright laws began in the United States in 1790 with the introduction of the federal copyright law. This law established a
14-year period in which inventors and other creators had eminent rights to their creations. If, at the end of that time, the holder of
the copyright was still alive, those rights extended another 14 years. Over the following 200 years, additional time was added to
extend the copyright period. Currently, copyrights last for the inventor’s lifetime, plus an additional 70 years. The scope of the
copyright law has also expanded over time. The law currently covers photographs and musical recordings, as well as written
materials.
History of Patents
During the 18th century, it started to become obvious that industrial inventions needed to be protected. This idea gave birth to
patent laws. It took close to 100 years before patents began to be taken seriously. However, it was still difficult to be awarded a
patent, as the decision was left mostly to the individual interpretations of patent officials and judges. By the mid-20th century, that
changed, and there was a dramatic shift in favor of the inventors.
Chapter 1. Patents
1.1 A patent is a form of intellectual property that gives its owner the legal right to exclude others from making, using,
selling, and importing an invention for a limited period of years, in exchange for publishing an enabling public disclosure
of the invention. In most countries patent rights fall under civil law and the patent holder needs to sue someone
infringing the patent in order to enforce his or her rights. In some industries patents are an essential form of competitive
advantage; in others they are irrelevant.
The procedure for granting patents, requirements placed on the patentee, and the extent of the exclusive rights vary widely between
countries according to national laws and international agreements. Typically, however, a patent application must include one or more
claims that define the invention. A patent may include many claims, each of which defines a specific property right. These claims
must meet relevant patentability requirements, such as novelty, usefulness, and non-obviousness.
Under the World Trade Organization's (WTO) TRIPS Agreement, patents should be available in WTO member states for any invention,
in all fields of technology, provided they are new, involve an inventive step, and are capable of industrial application.[4] Nevertheless,
there are variations on what is patentable subject matter from country to country, also among WTO member states. TRIPS also
provide that the term of protection available should be a minimum of twenty years.
1.2 Types of patents
Utility Patents
A utility patent is the most common type of patent that people seek. This type of patent covers processes, compositions of matter,
machines, and manufactures that are new and useful. A utility patent can also be obtained for new and useful improvements to
existing processes, compositions of matter, machines, and manufactures. Processes refer to any acts or methods of doing something,
usually involving industrial or technical processes. Compositions of matter are basically chemical compositions, which can include a
mixture of ingredients or new chemical compounds. Machines include things that are generally defined as a machine, such as a
computer, while manufactures are defined as goods that are manufactured or made.
Design Patents
In terms of obtaining a design patent, a design is defined as the "surface ornamentation" of an object, which can include the shape or
configuration of an object. In order to obtain this type of patent protection, the design must be inseparable from the object. While
the object and its design must be inseparable, a design patent with only protect the object's appearance. In order to protect the
functional or structural features of an object, a person must also file for a utility patent.
Plant Patents
A plant patent can be obtained to protect new and distinctive plants. A few requirements to obtain this type of patent are that the
plant is not a tuber propagated plant (i.e. an Irish potato), the plant is not found in an uncultivated state, and the plant can be
asexually reproduced. Asexual reproduction means that instead of being reproduced with seed, the plant is reproduced by grafting or
cutting the plant. Plant patents require asexual reproduction because it's proof that the patent applicant can reproduce the plant.
1.3 Life of patents
U.S. design patents resulting from applications filed on or after May 13, 2015 have a 15 year term from the date of grant. However,
patents issued from design applications filed before May 13, 2015 have a 14 year term from the date of grant.
The life of a plant patent is 20 years from the date that the patent application is filed with the USPTO
The life of a utility patent is 20 years from the date the application was filed.