WHAT IS INTELLECTUAL

PROPERTY?
Intellectual property (IP) refers to
creations of the intellect for which
a monopoly is assigned to
designated owners by law.
It refers to creations of the mind
such as inventions, literary and
artistic works, symbols & names
used in commerce

WHAT ARE INTELLECTUAL

PROPERTY RIGHTS?
Intellectual property rights (IPRs)
are the protections granted to the
creators of IP, and include
trademarks, copyright, patents,
industrial design rights, and in
some jurisdictions trade secrets.
Intellectual property rights include
patents,
copyright,
industrial
design rights, trademarks etc.

PATENT
A patent is a form of right
granted by the government to an
inventor, giving the owner the
right to exclude others from
making, using, selling, offering to
sell, and importing an invention
for a limited period of time, in
exchange for the public disclosure
of the invention.
In India the grant of patents is
governed by The Patents Act,

Conditions for an invention to

be Patented
1. The invention should be a process, machine or
composition of matter.
2. The invention must be useful.
3. The invention must be novel.
4. The invention must be non-obvious.
5. The invention should not be related to Uranium,
Thorium, Plutonium, Radium and more as notified by
the Central Government from time to time.

NOVARTIS v UNION OF INDIA,

2009
Rejection of a patent for a Drug
which was not inventive or had an
superior efficacy.
Novartis filled an application to
patent one of its drugs called
Gleevec by covering it under the
word
invention
mentioned
in
Section 3 of the Patents Act, 1970.
The Supreme Court rejected their
application after a 7 year long
battle.

COPYRIGHT
A copyright gives the creator of
an original work exclusive rights
to it, usually for a limited time.
Copyright may apply to a wide
range of creative, intellectual, or
artistic forms, or "works".
Example: Dramatic work, music,
cinematography, novels, poems,
stories.
It is governed by the Copyright

ROBERT v KOONS 1992

Art Rogers, a professional photographer, took a blackand-white photo of a man and a woman with their arms
full of puppies. The photograph was simply entitled,
Puppies
Jeff Koons, an internationally known artist, found the
picture on a postcard .After removing the copyright
label from the postcard, he gave it to his assistants with
instructions on how to model the sculpture.
The sculpture, entitled, String of Puppies, became a

TRADEMARK
A trademark is a recognizable
sign, design or expression
which distinguishes products
or services of a particular
trader
from
the
similar
products or services of other
traders.
It is governed by the Trade
marks Act, 1999

Different types of Trademarks

LONDON DAIRY V
LONDONDERRY,2012
The Plaintiff sells various
flavours of ice-cream under
the mark "LONDON DAIRY".
The mark is used only in
respect of, and only of, icecream. The Defendant,
Parle
Products
Private
Limited, started selling
boiled
confectionery
sweets under the mark
"LONDONDERRY" in 2011.