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Class Notes on Intellectual Property Law– I (1st Sem / 3-year LL. B)

COMPETITION ACT, 2002, QUESTION AND ANSWERS:

Q1. Give an Overview of Various Forms of I.P.R?

1. TYPES OF IPR
 7 TYPES OF IPR UNDER WTO
 Patent- Idea – Invention which is New, Useful & Non obvious
 Designs – Pattern or Structure,
 Trademark – Signs like Logo, Symbol, Brand etc; used to identify goods or services,
 Copyright – Expression of an Idea
 Geographical Indication – Goods known for its geographic origin
 Lay out Designs for Integrated circuits
 Undisclosed information (Trade secret) – Innovation or Know How
a) Patents
A patent is a legal monopoly granted for a limited time to the owner of an invention.
It empowers the owner of an invention to prevent others from manufacturing, using,
importing or selling the patented invention. Patent Act, 1970 as amended in the years
1998 and 1999 along with Patent Rules, 1972 govern patents in India. This page gives
information as to Indian Law on Patents and has full texts of Legislation’s, Cases and
International Conventions.
b) Trade Mark
Trademark means any mark used represent or identify a product or its maker. In a
market economy trademarks are most important because it is the biggest assets of a
company that really sells the products. This page gives information as to Indian Law
on trademark and has full texts of Legislation’s, Cases and International Conventions.

A Trademark can be generally defined as a sign or mark that individualizes and

distinguishes the goods of a given enterprise from the goods of other enterprises.
c) Design
Design means any features of shape, configuration, pattern, ornament or composition
of lines or colours, industrially applied to an article or to a part, that gives aesthetic
value to such article. Designs Act, 2000 deals with protection of industrial design in
India. This page gives information as to Indian Law on Designs and has full texts of
Legislation’s, Cases and International Conventions.
What is a Design? Design can be described as the totality of the ornamental or
aesthetic aspects of a useful article. Manufactures of diverse products such as shoes,
clothing, consumer appliances, automobiles, furniture and computer software invest
billions of dollars to develop industrial designs to make their products more attractive
to consumers
d) Geographical Indications
Geographical indication is an indication that identifies a good as originating in a
territory where a given quality, reputation or other characteristic of the good is
essentially attributable to its geographical origin.
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THE GEOGRAPHICAL INDICATIONS OF GOODS (Registration and Protection) RULES,

2000
Short title and commencement.
i. These rules may be called the GEOGRAPHICAL INDICATIONS OF GOODS (Registration
and protection) Rules, 200.
ii. They shall come into force on the date on which the Act comes into force.
iii. Definitions. - In this rule, unless the context otherwise requires,
a. “Act” means the GEOGRAPHICAL INDICATIONS OF GOODS (Registration and
Protection) Act, 1999 (XLI of 1999; b) “agent” means a person authorized under
Section 76
e) Copyright
Copyright is a bundle of exclusive rights granted by statute to the author of the works
to exploit or authorize the exploitation of the copyright work, based on international
norms like Berne Convention, Trade Related Aspects of Intellectual Property Rights
(TRIPs) Agreement and WIPO Copyright Treaty (WCT). The copyright works in which
rights subsist are ‘original’ Literary, dramatic, musical and artistic works, and
cinematography films and sounds recording. This page gives information as to Indian
Law on Copyright and has full texts of Legislation’s, Cases and International
Conventions.
f) Trade Secret
Trade secret is a formula pattern, physical device, idea, process, compilation of
information or other information that provides the owner of the information with a
competitive advantage in the marketplace, and is treated in a way that can reasonably
be expected to prevent the public or competitors from learning about it.

The law relating to Trade Secrets/Confidential Information/Commercial Secrecy is not

well develop0ed in India. There is no legislation regulating this area of law. India
follows common law approach of protection based on the case laws. However, there
is no decision of the Hon’ble Supreme Court laying down the law. The decisions of the
High Court involving the issues of Trade Secret were decided based on the Copyright/
Design protection laws also.
g) Integrated Circuits
A semiconductor chip is a device that gives effect to program instructions through a
circuity fixed on a semiconductor material in a layered form. Popular examples of
such chips are ROMs, RAMS etc. that the form the basis of computer software.
The semi-Conductor Integrated Circuits Layout – Design Act, 2000.
WHEREAS the Final Act embodying the results of the Uruguay Round of Multilateral
Trade Negotiations done at Marrakesh oin the 15th day of April, 1994 provides for
establishment of the world Trade Organization; AND WHEREAS the Agreement on
Trade Related Aspects of Intellectual Property Rights is part of the said final Act
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Q2. What Do You Mean by Design? What Is the Procedure for Registration?

1. Definitions: -In this Act, unless there is anything repugnant in the subject or context:
“design” - means only the features of shape, configuration, pattern or ornament applied
to any article by any industrial process or means, whether manual, mechanical or
chemical, separate or combined, which in the finished article appeal to and are judged
solely by the eye; but does not include any more or principle of construction or anything
which i sin substance a mere mechanical device, and does not include any trade mark as
defined in clause (v) of sub-section (1) of section 2. of the Trade and Merchandise Marks
Act, 1958, or property mark as defined in section 479 of the Indian Penal Code.
2. Registration of Designs
 The Controller may, on the application of any person claiming to be the proprietor of
any new or original design not previously published in India, register the design under
this Part.
 The application must be made in the prescribed form and must be left at the Patent
Office in the prescribed manner and must be accompanied by the prescribed fee.
 The same design may be registered in more than one class, and, in case of doubt as to
the class in which a design ought to be registered, the Controller may decide the
question.
 The Controller may, if he thinks fit, refuse to register any design presented to him for
registration; but any person aggrieved by any such refusal may appeal to the Central
Government.
 An application which, owing to any default or neglect on the part of the applicant, has
not been completed so as to enable registration to be
 A Design when registered shall be registered of the date of the application for
registration,
3. Certificate of registration
 The Controller shall grant a Certificate of registration to the proprietor of the design
when registered.
 The Controller may, in case of loss of the original certificate, or in any other case in
which he deems it expedient, furnish one or more copies of the certificate.
4. Copyright in Registered Designs
 When a design is registered, the registered proprietor of the design shall, subject to the
provisions of this Act, have copyright in the design during five years from the date of
registration.
 If before the expiration of the said five years application for the extension of the period
of copyright is made to the Controller in the prescribed manner, the Controller shall, on
payment of the prescribed fee, extend the period of copyright for a second period of
five years from the expiration of the original period of five years.
 If before the expiration of such second period of five years application for the extension
of the period of copyright is made to the Controller in the prescribed manner, the
Controller may, subject1Dany roles under this act, on payment of the prescribed fee,
extend the period of copyright for a third period’ of five years from the expiration of the
second period of five years.
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Q3. Define Intellectual Property Law? What Laws Have Been Enacted To Protect The Holders of
Property?

1. Intellectual Property Law

Intellectual property is a creation of mind. Examples are an invention, a music
composition, a movie, book, painting or even a brand name. They are intangible
assets. Like any other property they are financially beneficial to the owner. The
monetary benefits are said to encourage people to come up with new inventions and
creations. If stolen, they cannot be recovered or replaced. The interests of the owner
are affected. There must be laws to protect intellectual property.
2. Laws Enacted to Protect the Holders of Property:

 Copyright. Federal copyright law protects original creative works such as paintings,
writing, architecture, movies, software, photos, dance, and music. A work must meet
certain minimum requirements to qualify for copyright protection. The length of
protection also varies depending on when the work was created or first published.
 Trademark. Brand names such as Nike and Apple, as well as logos, slogans, and other
devices that identify and distinguish products and services, are protected under
federal and state trademark laws. Unlike copyrighted works, trademarks receive
different degrees of protection depending on numerous variables, including the
consumer awareness of the trademark, the type of service and product it identifies,
and the geographic area in which the trademark is used.
 Right of Publicity. A patchwork of state laws known as the right of publicity protects
the image and name of a person. These laws protect against the unauthorized use
of a person’s name or image for commercial purposes—for example, the use of your
picture on a box of cereal. The extent of this protection varies from state to state.
 Trade Secrets. State and federal trade secret laws protect sensitive business
information. An example of a trade secret would be a confidential marketing plan
for the introduction of a new software product or the secret recipe for a brand of
salsa. The extent of trade secret protection depends on whether the information
gives the business an advantage over competitors, is kept a secret, and is not known
by competitors.
 Right of Privacy. Although not part of intellectual property laws, state privacy laws
preserve the right of all people to be left alone. Invasion of privacy occurs when
someone publishes or publicly exploits information about another person’s private
affairs. Invasion of privacy laws prevent you from intruding on, exposing private facts
about, or falsely portraying someone. The extent of this protection may vary if the
subject is a public figure—for example, a celebrity or politician.
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Q4. Write Down the Absolute Ground for Refusal of Trademark Under Trademark Act 1999.

Introduction

The Trademarks Act, 1999 is the law in India containing absolute and relative grounds for
refusal of

registration of a trademark.

Grounds for Refusal

Absolute Grounds – (Section 9 of the Act)

The First Rule – [sub-section (1)] - Originality

A. The mark lacks distinctiveness;

To be distinctive, it must be fanciful, arbitrary or suggestive.

Fanciful Trademarks

These are the most distinctive trademarks.

Consider Xerox. This word has no other meaning in the English language.

Kodak, for example, is a fabricated word.

Fanciful trademarks are difficult to achieve.

Arbitrary Trademarks

Apple, Camel and Blackberry are examples of arbitrary trademarks.

These are English words with actual meanings, and used to describe consumer products.

Any word in the dictionary can be used, if that word has no relation to your company or
products.

For example, you cannot legally register “orange” if your company produces orange juice.

Conversely, Apple is allowed because the company sells computers.

Suggestive Trademarks

Examples include Coppertone sun lotion, Playboy magazines for men, Mustang sports cars,
and Airbus airplanes.

These are words or phrases actually relate to a particular product, service or company.

B. The mark is descriptive of the goods or services;

Trademarks which impart information like intended purpose, geographical origin, quality,
quantity are liable to be refused.
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Case Laws

In ELGI Ultra Industries Limited v The Assistant Registrar of Trade Marks, the Intellectual
Property Appellate Board [IPAB], held that the words “ultra” and “perfect” are highly
descriptive and any person can use such descriptive words for its products. Disallowed.

In Imperial Tobacco Company of India Ltd v. Registrar of Trademarks, the Calcutta High Court
held that the trade mark “Simla” is a well-known hill– station of India and has geographical
significance. Hence disallowed.

C. It is in customary use.

For example, Otis’s trademark “Escalator” for moving staircases became a generic word and

therefore, the Trademark Office concluded that Otis cannot use its trademark since the mark
has become customary in respect of moving stairs.

Other examples are Aspirin, Heroin, Cellophane, Kerosine etc.

Exception to the above Rule – the Proviso to sub–section (1)

If the mark is in use or is a well-known mark and has acquired a distinctiveness, before the
application, it will be registered.

Second Rule – [sub– section (2)] – Against Public Interest

A. The mark is likely to cause confusion or deceive the public;

For example, if a company starts to make biscuits by the name of Parle-J, it would be an
infringement of the right of Parle-G, since it is highly deceptive.

B. The mark is likely to hurt religious sentiments;

In the case of Lal Babu Priyadarshi v. Amrit Pal Singh, the appellant had applied for
registration of the mark “Ramayan” with the device of a crown in relation to incense sticks
and perfumeries. The court observed that “no person can claim the name of a holy text as a
trademark.”

C. The mark consists of scandalous or obscene matter;

For example, ‘A’ sells DVDs with the trademark ‘SNUFF Movies’. The word ‘SNUFF’ is a
commonly used slang which means murder or arousal. The use of this word in a Trademark
will be considered to be promoting murder and pornography and its registration will be
refused.

D. The mark is prohibited under the Emblems and Names Act, 1950;

For example, the name, emblem or official seal of the United Nations Organization/World
Health Organization or the National Flag of India are prohibited from use as trademark and
these words cannot be registered under the trademarks act.

The Third Rule – [sub-section (3)] – Nature of Goods

A mark shall not be registered as a trade mark if it consists exclusively of—

(a) Shapes Resulting from the Nature of Goods

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For example, a Toaster Shape for a seller of toasters, Vanilla Ice cream shape for ice creams.

(b) Shapes that perform Technical functions

Only where the shape has a material non-functional element (e.g. important decorative or
imaginative elements) could registration as a trade mark be accepted.

Example: Lego was the owner of a trademark for three-dimensional shape of a red Lego
brick. Mega Brands applied to have Lego’s trademark declared invalid on the basis that the
shape of the brick was necessary to obtain a technical result. Mega Brands contended that it
was necessary to include two rows of studs on the upper surface of the brick in order to fit
with other Lego bricks. The European Courts agreed with Mega Brands and declared Lego’s
trademark invalid.

(c) the shape which gives substantial value to the goods

The basis behind not providing trademark protection to shapes that give substantial value to
the goods is to exclude “aesthetic shapes” from trademark registration. Thus, any shape that
appeals to the eye compared to the common shape of a product cannot be trademarked.

Relative Grounds (Section 11 of the Act)

The First Rule – [sub– section (1)]

Similar Trademarks and Similar Goods:

The mark is identical or similar to an earlier trademark and the goods are identical or similar
to the goods of the earlier trademark.

The two words are compared and judged to see whether there will be a confusion among
the trademarks which would lead to one party being injured while the other gaining illicit
benefit.

For example if ‘A’, an established seller, sells beds with the trademark ‘BED KINGS’ and B, a
new player in the market sells his beds with the trademark ‘KING BEDS’, there will be a
confusion in the minds of the public. This is a relative ground for refusal and B’s application
will be rejected because A’s mark with a similar name already exists.

The Second Rule – [sub– section (2)]

Similar Trademarks and Non-Similar Goods:

The mark is identical or similar to an earlier trademark though goods may not be similar.

The use of such a mark would allow the applicant to gain unfair advantage or damage the
reputation of the earlier trademark.

For example, ‘APPLE’ is famous for the Iphone, Ipod and other electronic goods.

If a trader B decides to sell speakers with the trademark ‘APPLE SPEAKERS’ or even jeans as
‘APPLE JEANS’, his trademark application will be rejected.

Apple is a well-known trademark and its use in relation to jeans, speakers or any other goods
will cause the general public to believe that the company Apple has produced it.
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The Third Rule – [sub– section (3)]

Contrary to law

If a law of passing off, or a law of copyright is protecting an unregistered trade mark, such
marks cannot be used by other persons as trademarks.
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Q5. Explain the Term Intellectual Property and Its Various Forms.

What is Intellectual Property?

Intellectual property is a creation of mind.

Examples are an invention, a music composition, a movie, book, painting or even a brand
name.

They are intangible assets.

Like any other property they are financially beneficial to the owner.

The monetary benefits are said to encourage people to come up with new inventions and
creations.

If stolen, they cannot be recovered or replaced.

The interests of the owner are affected.

There must be laws to protect intellectual property.

Intellectual Property Rights

Owners of intangible assets are assigned some exclusive rights.

Such rights are called intellectual property rights.

They allow the owners to protect their work.

The rights are related to Article 27 of the Universal Declaration of Human Rights.

The statute says, "everyone has the right to protect his work resulting from any scientific,
literary or artistic production ".

Types of Intellectual Property Rights

An intellectual property can be either artistic or commercial.

Copyright laws deals with artistic works.

Examples are books, music, software and painting.

If you are an author, who has written a new book, you can apply for a copyright for your
work.

The commercial ones include patents, trademarks, industrial design rights, and trade secrets.

If you have invented something it can be patented.

Once you establish your IP right, you can protect your work legally.

Copyrights:

A copyright is a right conferred on the owner of a literary or artistic work.

Rights available

A copyright holder enjoys the following rights –

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(i) He can make and can sell copies.

(ii) He can publicly demonstrate his works by Radio or TV

(iii) He can sell or pass the rights to another person.

(iv) He can import or export whole or part of the work.

(v) He is free to create any derivative work.

The right lies with the owner-cum-copyright holder for a certain period. In India it lasts up to
a period of 60 years after their death.

In case of anonymous works, the right lasts for 60 years from the date of first publication.

After the time lapses, the work can be republished or reproduced by others.

Patents:

Patents are rights related to new inventions.

Inventions of new machines, processes or articles of manufacture.

Every Country has its own criteria to grant patents.

In general, the invention must be novel, inventive and useful.

A patented invention cannot be manufactured, distributed or sold without permission.

Generally, the time limit of a patent is 20 years from the date of filing the application.

Trademarks:

A trademark is a visual symbol used on products to indicate their source.

It is a combination of words, phrases, symbols, logos, images, designs, or devices.

It is used to distinguish the goods or services of one enterprise from those of its competitors.

For example, Nike products can be identified from the logo, which is embossed on their
products.

Once registered, legal protection is available.

Owners can sue persons for unauthorized use of their trademarks.

Industrial Design Rights:

These rights are for the visual design of objects.

They need not be utilitarian, but they should have an aesthetic or ornamental value.

It refers to shapes, colours, patterns or a combination of all these things.

The design can be either two-dimensional or three-dimensional.

An industrial design right is conferred after considering factors like novelty, originality and
visual appeal.

Example Coke Contour bottle.

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Only persons having such right can make or sell such objects.

The right is conferred for a period of 10 to 25 years.

Trade Secrets:

Trade secrets are the, formulas, recipes, practices, processes or ideas which are used by a
company to gain an economic advantage over its competitors.

They cannot be used by anyone who has learned it through the owner.

For example, an employer can protect trade secrets through contracts with his employees.

They can be used if discovered independently.

Trade secrets differ from other types of intellectual property rights.

It is the responsibility of the owner to keep the secret.

It is not protected through government policies.

Once the trade secret is leaked, it can be used by any person.

Conclusion

Intellectual property rights have encouraged people to come up with indigenous creations,
as the law protects their rights over their works. Thus, it is very important to respect these
rights and refrain from infringing them.
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Q6. What Kind of Moral Rights Under Copyright Act, 1957?

Copyright Act, 1957

Copyright in India is governed by Copyright Act, 1957. This Act has been amended several
times to keep pace with the changing times. As per this Act, copyright grants author's
lifetime coverage plus 60 years after death. Copyright and related rights on cultural goods,
products and services, arise from individual or collective creativity. All original intellectual
creations expressed in a reproducible form will be connected as "works eligible for copyright
protections". Copyright laws distinguish between different classes of works such as literary,
artistic, musical works and sound recordings and cinematograph films. The work is protected
irrespective of the quality thereof and also when it may have very little in common with
accepted forms of literature or art.

Copyright protection also includes novel rights which involve the right to claim authorship of
a work, and the right to oppose changes to it that could harm the creator's reputation

A vital field which gets copyright protection is the computer industry. The Copyright Act,
1957 was amended in 1984 and computer programming was included with the definition of
"literary work.' The new definition of "computer programme" introduced in 1994, means a
set of instructions expressed in works, codes or in any other form, including a machine
readable medium, capable of causing a computer to perform a particular task or achieve a
particular result.

The greatest fear and challenges to the copyright industry is the piracy of works whether,
books, musical works, films, television programmes or computer software or computer
database. The special nature of infringement of copyrights in computer programmes has
again been taken note of by the Copyright (Amendment) Act, 1994 by inserting a new
section 63 B.

The Copyright (Amendment) Act, 1999 makes it free for purchaser of a gadget/ equipment
to sell it onwards if the item being transacted is not the main item covered under the
Copyright Act. This means computer software which is built in the integral part of a
gadget/equipment can be freely transacted without permission of copyright owner. This
amendment also ensures fair dealing of 'broadcasting' gaining popularity with the growth of
the Internet. With this amendment India has updated the Act to meet the concerns of the
copyright industries mainly consisting of Book Industry, Music Industry, Film and Television
Industry, Computer Industry and Database Industry.
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Q7. Circumstances the Registered Trademark Is Not Infringed.

Trademark Infringement

Infringement of a trademark in India means a violation of the exclusive rights that are
granted to the proprietor registered under the Trade Marks Act, 1999. The rights that are
violated are those which are granted in relation to goods and services.

Sections 29 and 30 of the Act lay down certain provisions for protecting the registered
trademark in case it is infringed on by someone else.
Section 29 of the Act says that a registered trademark is infringed when an unregistered
proprietor or licensee uses the said trademark for trade and business purposes.

1. Identity with registered mark: a mark that is similar to the registered one and there is also
a similarity between the business activity thus rendered.

2. Similarity with registered mark and identity of goods/services: As mentioned above, there
should be no similarity between the mark or the services rendered so as to avoid any
confusion in public

3. Identity with registered mark and goods and services-presumption of confusion: this is a
mark which is similar to one that already exists and also means that the goods and services
rendered are similar. Do remember that in such cases the courts can decide if the use will be
a cause of confusion for the general public

4. Identity with a registered mark having reputation: A mark which is identical to one
registered in India with a reputation. It’s a concern even if such a mark is used for goods and
services that are not exactly related to the original.

5. Similarity of trade name with registered trademark: The name of a trade that is similar to
the goods and services that are being run under the original registered trademark

6. Application of registered mark on labelling, packaging knowing that it is sans

authorization: This basically means that the a person who has no claim in the registered
trademark used it without the consent of the person who actually owns the trademark

7. Use of registered trademarks in advertisements: Such a move takes unfair advantage and
works in contrary to honest commercial and industrial practices. This is also detrimental to
its distinctive character or is against the reputation of the trade mark.

What does amount to infringement in India?

Section 30 of the Act lists down limits on the effect of registered trademark and also
enumerates certain acts which do not amount for infringement. These moves are also used
as a defence in suits of infringement of trademarks. Am infringer may be freed from his
liability is his use of the trademark falls within the scope of anything mentioned in Section
30.

The section says there is no infringement of trademark:

1. Use of mark to indicate the kind, quality, quantity, etc: When the said infringing mark is
used for goods and services covered by the registered trademark to mark the kind, quality,
and quantity of the goods and services rendered. For example, the proprietor of the RICH’S
WHIP TOPPIN filed a case of infringement against the user of BELLS WHIP TOPPING. The
court, however, ruled against the complainant saying that the ‘whip topping’ was indicating
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the sort of goods it sold and the services it rendered, and hence did not amount for
infringement.

2. Use of mark outside the scope of registration: For example, ‘XYZ Garden Market’ can be
registered with the condition that the registered proprietor may not have exclusive rights to
the words ‘garden’ and ‘market’. Hence, the use of the latter by anyone else will not amount
to infringement.

3. Implied consent of use: Where a person uses the mark in relation to goods and services
for which the registered user had applied for the trademark and may not have removed it or
consented to its use

4. Use of registered trademark in relation to accessories and parts: A trademark registered

for any goods and services in relation to parts and accessories to other goods and services.
Such a usage is reasonably unnecessary and the effect of such a usage may not be
considered as a deceit of the original

5. Use of the two registered trademarks that are similar to each other: Such a usage of trade
mark being one of two or more registered trade mark, which are identical or similar in
exercise of the right to the use of that registered trade mark
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Q8. Explain the Term Geographical Indication? What Geographical Indication Cannot Be
Registered

The term 'Geographical Indications (GI) has been defined as "Geographical Indications", 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
characteristics 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, as the case may be.

Any association of persons or producers or any organization or authority established

by or under any law for the time being in force representing the interest of the producers of
the concerned goods, who are desirous of registering geographical indication in relation to
such goods shall apply in writing to the Registrar in such' form and in such manner and
accompanied by such fees as may be prescribed for the registration of the geographical
indication.

Any association of persons or of producers or any organisation or authority established by or

under the law can be a registered proprietor. Their name should be entered in the Register
of Geographical Indication as registered proprietor for the Geographical Indication applied
for.
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Q9. Discuss the Law Relating to Trips.

Agreement on Trade Related Aspects Intellectual Property Rights was negotiated at the
end of the Uruguay Round of the General Agreement on Tariffs and Trade (GATT) treaty in
1994. With the establishment of the world trade Organization (WTO), the importance and
role of the intellectual property protection has been Crystallized in the TRIPS Agreement.

The general goals of the TRIPS Agreement are contained in the Preamble to the
Agreement, which reproduces the basic Uruguay Round negotiating objectives established
in the TRIPS area by the 1986 Punta del Este Declaration and the 1988-89 Mid-Term
Review. These objectives include the reduction of distortions and impediments to
international trade, promotion of effective and adequate protection of intellectual
property rights, and ensuring that measures and procedures to enforce intellectual
property rights do not themselves become barriers to legitimate trade.

The TRIPS Agreement encompasses, in principle, all forms of intellectual property and aims
at harmonizing and strengthening standards of protection and providing for effective
enforcement at both national and international levels. It addresses applicability of general
GATT principles as well as the provisions in international agreements on IP (Part I). It
establishes standards for availability, scope, use (Part II), enforcement (Part III), acquisition
and maintenance (Part IV) of Intellectual Property Rights. Furthermore, it addresses related
dispute prevention and settlement mechanisms (Part V). Formal provisions are addressed
in Part VI and VII of the Agreement, which cover transitional and institutional
arrangements respectively.

The obligations under TRIPS apply equally to all member states. However developing
countries were allowed extra time to implement the applicable changes to their national
laws, in two tiers of transition according to their level of development. The transition
period for developing countries expired in 2005. For least developed countries, the
transition period has been extended to 2016, and could be extended beyond that.

The TRIPS Agreement, which came into effect on 1 January 1995, is to date the most
comprehensive multilateral agreement on intellectual property. The areas of intellectual
property that it covers are:

(i) Copyright and related rights (i.e. the rights of performers, producers of sound recordings
and broadcasting organisations);

(ii) Trade marks including service marks;

(iii) Geographical indications including appellations of origin;

(iv) Industrial designs;

(v) Patents including protection of new varieties of plants;

(vi) The lay-out designs (topographies) of integrated circuits;

(vii) The undisclosed information including trade secrets and test data.
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Q10. Explain the Term Intellectual Property and Its Various Forms.

What is Intellectual Property?

Intellectual property is a creation of mind.

Examples are an invention, a music composition, a movie, book, painting or even

a brand name.

They are intangible assets.

Like any other property they are financially beneficial to the owner.

The monetary benefits are said to encourage people to come up with new
inventions and creations.

If stolen, they cannot be recovered or replaced.

The interests of the owner are affected.

There must be laws to protect intellectual property.

Intellectual Property Rights

Owners of intangible assets are assigned some exclusive rights.

Such rights are called intellectual property rights.

They allow the owners to protect their work.

The rights are related to Article 27 of the Universal Declaration of Human Rights.

The statute says, "everyone has the right to protect his work resulting from any
scientific, literary or

artistic production ".

Types of Intellectual Property Rights

An intellectual property can be either artistic or commercial.

Copyright laws deals with artistic works.

Examples are books, music, software and painting.

If you are an author, who has written a new book, you can apply for a copyright
for your work.

The commercial ones include patents, trademarks, industrial design rights, and
trade secrets.

If you have invented something it can be patented.

Once you establish your IP right, you can protect your work legally.

Copyrights:

A copyright is a right conferred on the owner of a literary or artistic work.

Rights available
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A copyright holder enjoys the following rights –

(i) He can make and can sell copies.

(ii) He can publicly demonstrate his works by Radio or TV

(iii) He can sell or pass the rights to another person.

(iv) He can import or export whole or part of the work.

(v) He is free to create any derivative work.

The right lies with the owner-cum-copyright holder for a certain period. In India it
lasts up to a

period of 60 years after their death.

In case of anonymous works, the right lasts for 60 years from the date of first
publication.

After the time lapses, the work can be republished or reproduced by others.

Patents:

Patents are rights related to new inventions.

Inventions of new machines, processes or articles of manufacture.

Every Country has its own criteria to grant patents.

In general, the invention must be novel, inventive and useful.

A patented invention cannot be manufactured, distributed or sold without

permission.

Generally, the time limit of a patent is 20 years from the date of filing the
application.

Trademarks:

A trademark is a visual symbol used on products to indicate their source.

It is a combination of words, phrases, symbols, logos, images, designs, or devices.

It is used to distinguish the goods or services of one enterprise from those of its
competitors.

For example, Nike products can be identified from the logo, which is embossed
on their products.

Once registered, legal protection is available.

Owners can sue persons for unauthorized use of their trademarks.

Industrial Design Rights:

These rights are for the visual design of objects.

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They need not be utilitarian, but they should have an aesthetic or ornamental
value.

It refers to shapes, colours, patterns or a combination of all these things.

The design can be either two-dimensional or three-dimensional.

An industrial design right is conferred after considering factors like novelty,

originality and visual

appeal.

Example Coke Contour bottle.

Only persons having such right can make or sell such objects.

The right is conferred for a period of 10 to 25 years.

Trade Secrets:

Trade secrets are the, formulas, recipes, practices, processes or ideas which are
used by a company

to gain an economic advantage over its competitors.

They cannot be used by anyone who has learned it through the owner.

For example, an employer can protect trade secrets through contracts with his
employees.

They can be used if discovered independently.

Trade secrets differ from other types of intellectual property rights.

It is the responsibility of the owner to keep the secret.

It is not protected through government policies.

Once the trade secret is leaked, it can be used by any person.

Conclusion

Intellectual property rights have encouraged people to come up with indigenous

creations, as the

law protects their rights over their works. Thus, it is very important to respect
these rights and

refrain from infringing them.