Indian legislation for the protection of the various types of intellectual properties

Presented By:
Name: Krishna
M.F.Sc. 1st Year
College of Fisheries,
(J.A.U.), Veraval

Intellectual property Right (IPR) is a term used for various legal
entitlements which attach to certain types of information, ideas, or other
intangibles in their expressed form.
Intellectual Property refers to creation that arises from the human
intellect i.e. inventions in all fields of human endeavor, scientific
discoveries, industrial designs for article, literary & artistic work, symbols
etc. used in commerce.

Property designates those
things that are
commonly recognized as
being the possessions of
an individual or a group.
Properties are
of two types:
1. Tangible property
2. Intangible property

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.
IP is divided into two categories for ease of
understanding:
1. Industrial Property
2. Copyright

 Creation of human mind (Intellect)
 Intangible property
 Exclusive rights given by statutes
 Time-bound and Territorial/Jurisdictional

1. To give credit and financial benefits to the efforts for the creativity.
To create competition among the researchers and institutions for quality of research
To have return on investment in research
To fasten the technology transfer through licensing and other means
Society benefits in the long term because intellectual property protection encourages creation
and invention.
To enhance the performance levels of institutions.
2.
3.
4.
5.
6.

 Patents
 Copyrights
 Trademarks
 Industrial designs
 Protection of Integrated Circuits layout design
 Geographical indications of goods
 Biological diversity
 Plant varieties and farmers rights

 Protection of IP rights is an incentive to human creativity
 Promotes respect for individual artists, and enable them to earn livelihoods
 Prevents infringement and free riding
 IP serves as an instrument for cultural, social, economic and technical development
 New creativity helps create sustainable and competitive business locally and
internationally
 IP based industries contribute significantly to national economies

All these intellectual property rights ensure that the individuals or business inventing
something can:
Earn greater profit margins
Ensure continuity in production
Developed brand loyalty
Have time to develop new products

Sn.
NO.
Act Year
1. The Copyright Act 1957
2.. The Patent Act 1970
3. The Trade Mark Act 1999
4. The Industrial design 2000
5. The Semiconductor Integrated Circuits Act 2000
6. The Geographical Indication of Goods Act 1999
7. The National Biological Diversity Act 2002
8. The Protection of Plant Varieties and Farmer Rights Act 2001

Copyright exist in unique expression of idea/ for creating an original literary or dramatic or musical
or artistic work.
In India, The Copyright Act, 1957 governs the law on copyright.
Copyright protects the expression of an idea and not the idea itself.
The owner may assign to any person the copyright.
What can be covered under copyright:
Works relating to Literary, Films, Dramatic, Musical, Artist, Sound recording
Duration of copyright:
Author’s lifetime + 50 years from the end of the calendar year in which the author dies,
50 years for films and sound recordings,
25 years for typographical arrangements of a published edition,

Patent is a monopoly or exclusive right granted by a country in favour of the owner
of an invention (both process & products ) to make, use, manufacture & market
their invention.
The patent right is territorial in nature.
Patents provide incentives to individuals by recognizing their creativity & these
incentives encourage innovation.
Patents Act, 1970, in TRIPS compliant and has incorporated all parameters.
Term of Registered Patent: 20 years.

Trademark is a distinctive sign that provides to the owner of the mark the exclusive right to use it
and identify goods or services belonging to the owner.
Trademark consists in symbol, logo, word, sound, color, design, or other device that is used to
identify a business or a product in commerce.
Term of Registered Trademark: 10 years and Renewable.
Function of Trade
Mark
It identifies the goods/or
services and its origin
It guarantees its
unchanged quality
It advertise the goods/
services
It create an image for the
goods/ services

 A Design refers to the features of shape, configuration, pattern, ornamentation or composition of
lines or colours applied to any article, whether in two or three dimensional (or both) forms.
 It makes an article attractive and appealing and hence they add to the commercial value of a
product and increase its marketability.
 Terms of the Design: 15 years. Initially the right is granted for a period of 10 years, which can be
extended, by another 5 years.

Geographical Indications of Goods are defined as that aspect of industrial property
which refers to the geographical indication referring to a country or to a place
situated therein as being the country or place of origin of that product.
Examples of Indian Geographical Indications- Solapur Chaddar,
Solapur Terry Towel, Basmati Rice, Darjeeling Tea, Kanchipuram Silk Saree,
Alphanso Mango, Nagpur Orange etc.

 Semiconductor Integrated Circuit means a product having transistors and other
circuitry elements, which are inseparably formed on a semiconductor material or
an insulating material or inside the semiconductor material and designed to
perform an electronic circuitry function.
 The main purpose of the Act is to provide for routes and mechanism for protection
of IPR in Chip Layout Designs created and matters related to it.

 The Convention on Biological Diversity is one of the most broadly subscribed
international environmental treaties in the world. Opened for signature at the
Earth Summit in Rio de Janeiro Brazil in 1992,
 India enacted The Biological Diversity Act, 2002 and The Biological Diversity
Rules, 2004 to fulfill its commitments in the Convention on Biological Diversity
and in the Cartagena Protocol on Biosafety.

A plant variety represents a more precisely defined group of plants, selected from
within a species, with a common set of characteristics.
The owner of the protected
variety has the right to:
•Produce the protected variety
•Sell the variety
•Market the variety
•Distribute the variety
•Import the variety
objectives
The rights of farmers and plant breeders
and to encourage the development of new
varieties of plants.
To recognize and protect the rights of the
farmers in respect of their contribution
made at any time in conserving, improving
and making available plant genetic
resources for the development of new plant
varieties.

 The protection of the resultant intellectual property thus assumes significance in
order to ensure that the investments are recouped in a profitable manner.
 The given right to creator/ inventor is an incentive form to produce ideas that will
benefit the society as a whole.
 The scope & extent of protection of intellectual property rights are being
increasingly harmonized around the world for providing business opportunities to
protect their rights.
 Intellectual property rights reward creativity and human endeavor, which fuel the
progress of humankind.

Indian legislation for the protection of the various types of intellectual properties

Indian legislation for the protection of the various types of intellectual properties

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Indian legislation for the protection of the various types of intellectual properties