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Intellectual Property Rights
and International Perspectives
By
Mr. Vivek Y. Dhupdale
Assistant Professor,
Department of Law, Shivaji
University, Kolhapur

COPYRIGHT
TRADE AND SERVICE MARKS
PATENTS
INDUSTRIAL DESIGNS
GEOGRAPHICAL INDICATIONS
INTEGRATED CIRCUITS
UNDISCLOSED INFORMATION

 Property created as a result of intellectual
creative effort or commercial reputation
and goodwill.
 Basic Form :
 Intangible
 Territorial
 Statutory/Common law Provisions

 IP IS AN INTANGIBLE PROPERTY
 SET OF RIGHTS:
- Right to EXCLUSIVE USER
- Right to PREVENT OTHERS
- Right to ASSIGN, TO LICENSE
- INHERITABLE Right

 MEANING OF COPYRIGHT :
 Right To-
› reproduce the work ( including Storing )
› issue copies of the work
› perform work in public
› communicate the work to the public
› make translation
› make adaptation
› sell or give on hire

Copyright subsists in original-
›literary, dramatic, musical &
artistic works
›cinematographic films
›sound recordings
›which are either first published in
India, ..

Range Of Copyright Protection:
Product Packaging Scenic Arrangement
Paintings Sculpture
Drawings ( maps,..) Engravings
Photographs Architectural Works
Computer Software Research Papers
Computer databases Choreographic work

 WHAT IS A TRADE MARK?
a mark used or proposed to be used
in relation to goods for the purpose
of indicating a connection in the
course of trade between the goods
and some person having the right to
use the mark.

 What is a MARK :
1. It includes a device, brand, heading,
label, ticket, name, signature, word,
letter, numeral or any combination
thereof
2. Shape of goods, packaging, colour
3. Sound, Smell – are also marks – but
recognised in India

Traditional Role:
distinguish the products of one manufacturer from
those of another indicate the source or origin of the
goods represent the goodwill of the manufacturer
TM as a part of the marketing mix:
• Guarantee of QUALITY
• Guarantee of AUTHENTICITY
• Create a feeling of TRUST
• Aid to Branding

 Mercedes Benz for vehicles
 Coca Cola for beverages
 Intel for computer
 Crocin for pharmaceuticals
 Bournvita for food stuff
 MGM - roar of Lion for entertainment
 Taj Hotels for hotels
 Nike for shoes
 501 Bar for soaps

Original Marks Copied /
Similar Marks
Vaseline Vanildene
Amrutanjan Amrutmanthan
Godrej Goldage
Double Bubble
Rustom Ruston
Rysta Aristo

Marks Which Are Capable Of Distinguishing
Services
New Provision - 1999 Trade Marks Act
› Insurance
› Banking
› Hotels
› Laundry
› Education
› Transport
› Research Laboratories

 Patent is a exclusive right granted to an inventor
with respect to that invention which he discloses to
the public.
 These exclusive rights include his right to assign or
transfer any interest in his invention.

 Object of the Act:
› Protection of the Individual Interest of the Patentee
› Protection of the Interest of the Society

 The Patents under the Patents Act are granted for
a limited period of 20 years from the date of
filing of the application for patent.

 A registered design includes:
› features of shape, configuration, pattern, ornament or
composition of lines or colours,
 Applied to any article either in two or three
dimensions or in both forms by any industrial
process which in the finished article appeal to
and are judged by the eye.

 Protection Given To :
› indications which identify goods as originating
from/manufactured in a particular territory where a
given quality, reputation or other characteristics of the
goods is essentially attributable to that region

 Customers must not be misled
 Marking must not mislead
 No Dilution
 Economic prosperity
 Examples of GI:
› Darjeeling Tea
› Basmati Rice
› Paithani Saris
› Kolhapuri Chappals
› Scotch Whisky
› Rockford Cheese
› Champagne

 An integrated
circuit or monolithic integrated
circuit (also referred to
as IC, chip, or microchip) is
an electronic circuit manufactured
by lithography, or the patterned
diffusion of trace elements into the
surface of a
thin substrate of semiconductor ma
terial. Additional materials are
deposited and patterned to form
interconnections between
semiconductor devices.

 Integrated circuits are used in virtually all
electronic equipment today and have
revolutionized the world of electronics.
Computers, mobile phones, and other
digital home appliances are now inextricable
parts of the structure of modern societies, made
possible by the low cost of producing integrated
circuits.

Trade Secret is an information which is a
SECRET has been INTENTIONALLY treated as
such is capable of COMMERCIAL application
and involves an ECONOMIC interest

 Concept of ‘sufficiently developed’
 No necessity of Novelty
 Inventiveness not a pre-requisite
 Important requirement => SECRET
 Exercise of Skill and Effort
 Desire of Confidentiality

 Any formula, pattern or device or compilation of
information which is used in one’s business and
which gives the owner over competitors who do
not know or use it.
e.g. chemical compound, a process of
manufacture, treating or preserving material, a
pattern for a machine other other device or a
list of customers, detailed manufacturing
drawings, tolerance data, training materials,
source code, etc.

 At present, the following legislations on IPRs are in
force in India:
› The Patents Act, 1970 as amended by the Patents
(Amendments) Act, 2005 along with the Patents
(Amendments) Rules, 2005 (Effective from 01.01.2005)
› The Designs Act, 2000 along with The Design Rules, 2001
› The Trade Marks Act, 1999 along with The Trade Marks
Rules, 2002
› The Geographical Indications of Goods (Registration and
Protection) Act, 1999 and the Geographical Indications of
Goods (Registration and Protection) Rules, 2002
› The Copyright Act 1957, Copyright (Amendment)Act
1994, Copyright (Amendment) Act 1999 (Effective from
15.01.2000)

 There are basically three remedies
available in the case if any unauthorised
person tries to exercise the exclusive
rights of the original creator. They are:
› Civil Remedies
› Criminal Remedies
› Administrative Remedies

 Following are the International Conventions which
provide protection to Intellectual Property Globally.
General Conventions:
1. Convention for the Protection of Industrial Property Rights
signed in Paris on 20 March 1883.
2. Berne Convention for the Protection of Literary and Artistic
Works Paris Act of 24 July 1971.
3. Convention establishing the World Intellectual Property
Organisation (WIPO), signed at Stockholm on 14 July 1967.
4. Agreement on Trade-Related Aspects of Intellectual Property
Rights
5. The TRIPS Agreement, negotiated during the Uruguay
Round, sets minimum standards for most categories of IPRs.

 Patents:

1. Patent Cooperation Treaty of 19 June 1970,
signed at Washington on 19 June 1970
2. Convention on the Grant of European Patents of 5
October 1973.
3. Strasbourg Agreement Concerning the
International Patent Classification, signed on 24
March 1971.
4. Budapest Treaty on the International Recognition
of the Deposit of Microorganisms for the
Purposes of Patent Procedure, concluded in 1977.
5. Patent Law Treaty adopted at Geneva 2 June
2000.

 Trademarks

1. Madrid Agreement (April 1891) and Protocol (June 1989)
concerning the International Registration of Marks.
2. Nice Agreement Concerning the International Classification of
Goods and Services for the Purpose of the Registration of Marks
signed at Nice on 15 June 1957.
3. Vienna Agreement establishing an international classification of the
Figurative elements of Marks, signed at Vienna on 12 June 1973, as
amended on 1 October 1985.
4. Nairobi Treaty on the Protection of the Olympic Symbol, adopted
on September 26, 1981.
5. Community Trademark Regulation no. 40/94 of 20 December
1993.
6. Trademark Law Treaty (TLT) adopted at Geneva on 27 October
1994.
7. Singapore Treaty on the Law of Trademarks, adopted March 13 to
26, 2006.

 Industrial designs

1. The Hague Agreement for the
International deposit of industrial design,
signed 28 November 1960.
2. Locarno Agreement establishing an
International Classification for Industrial
Designs signed at Locarno on 8 October
1968.
3. The Community Design (98/71/EC).

 Copyright and related rights:
1. The Berne Convention for the Protection of Literary and Artistic
Works (1886).
2. Universal Copyright Convention (1952).
3. International Convention for the Protection of Performers, Producers
of Phonograms and Broadcasting Organisations, the Rome
Convention (1961).
4. Convention for the Protection of Producers of Phonograms Against
Unauthorized Duplication of Their Phonograms of October 29, 1971.
5. Convention Relating to the Distribution of Programme-Carrying
Signals Transmitted by Satellite, adopted at Brussels on 21 May
1974.
6. Trade Related Aspects of Intellectual Property Rights, the TRIPS
Agreement (1994).
7. World Intellectual Property Organization Copyright Treaty (WCT)
adopted in Geneva on 20 December 1996.
8. Convention on Cybercrime, adopted at Budapest 23 November
2001.

 IPR is the need of the time for fast developing and
creative country like India.
 There is a lack of awareness and information about
IPR in India.
 We need to emphasis on creating awareness about
IPR in citizens and the students, who are
tomorrow’s technocrats and creators of new
technology.
 All possible efforts should be taken to see that
every student in particular should at least have
clear idea about IPR.

Mr. Vivek Y. Dhupdale
Assistant Professor,
Department of Law,
Shivaji University, Kolhapur
Email: vydhupdale@rediffmail.com

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