This document discusses intellectual property rights in India. It covers the different types of intellectual property including patents, copyrights, trademarks, and international agreements India is a part of. Patents protect inventions and last 20 years from filing, while copyrights protect artistic and literary works and last an author's life plus 50 years. Trademarks protect symbols used in commerce and must be renewed every 10 years. The document also discusses intellectual property infringement and the related laws. It emphasizes that intellectual property rights encourage creation by protecting creators' work.

1. INTELLECTUAL
PROPERTY RIGHTS
CORPORATE GOVERNACE & ETHICS

2. INTELLECTUAL PROPERTY RIGHTS
 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. Intellectual
property rights (IPRs) are the rights granted to the creators of
IP.
 The rights relating to the intellectual property are recognized
by law as the subject matter of rights of various intangible or
immaterial products is human intelligence, skills and labour.

3. OBJECTIVES OF IPR
 IPR Awareness, Outreach and Promotion
 Legal and Legislative Framework
 Administration and Management
 Commercialization of IPRs
 Enforcement and Adjudication
 Human Capital Development

4. INTERNATIONAL AGREEMENTS
 India is a member of the World Trade Organisation (WTO) and
committed to the Agreement on Trade Related Aspects of
Intellectual Property.
 India is also a member of World Intellectual Property
Organization (WIPO), a body responsible for the promotion of
the protection of intellectual property rights throughout the world.
 The agreement on Trade-Related Aspects of Intellectual
Property Rights (TRIPS) is an international legal agreement
between all the member nations of the WTO.

5. SUBJECT MATTER OF IPR IN INDIA
 Patent
 Design
 Trademark
 Geographical Indications
 Copyrights
 Semiconductor & Integrated Circuits Layout Design
 Plant Variety Design

6. PATENTS
 A patent describes an invention for
which the inventor claims the exclusive
right.
 Should be applied before launching
product.
 An invention is patentable if it is:
 New or Novel
 Useful
 Pertains to Patentable Subject Matter
 Term of patent is 20 years from the date
of filing.

7.  Filing fees for:
 Individuals: Rs.750
 Legal Entities: Rs.3000
 No fees for first 2 years
 Renewal fees on yearly basis after 2 years (keeps
on increasing)

8. Is a patent granted in one country enforceable in
another?
 No, there is no such thing as a global patent or world
patent.
 Patent rights are essentially territorial in nature.
 Grant of patent in one country does not force others to
patent same invention.
 Refusal of patent in one country does not mean that it will
be terminated in all the countries.
 Grant of patent possible in more than one country on
existence of treaty between them.

9. COPYRIGHTS
 Grants protection to the unique expression of ideas.
 Any literary object namely artwork, books, poetry, movies
and music can be copyrighted.
 Can be applied anytime by registering a form with
appropriate fee.
 Copyrights last for: Author’s life + 50 years; 50 years for
films and sound recs; 25 years for typographical
arrangements of a published edition.
 Copyrights protection always ends on 31st December.

10. What is Fair Use?
 Gives permission to use copyrighted material if
certain criteria are met.
Unfair Use
Fair Use

11. TRADEMARKS
 A symbol, logo, word, sound, colour, design or other device that is
used to identify a business or a product in commerce.
 Registration procedure:
 Application for search.
 Application for registration.
 Examination of trademark.
 Advertisement of trademark.
 Filing of opposition.
 Certificate issued.
 Trademarks valid for 10 years from date of application. Government
fees Rs.2500.

12. Trademark Symbols
Intent to use application filed for product :
Intent to use application filed for service :
Registered trademark :

13. APPLICABILITY OF TRADEMARKS
 Specify font, size, proportion and placement
Set apart from surrounding text

14.  Do not change the spelling

15. TRADEMARK INFRINGEMENT

16. LAWS FOR INFRINGEMENT
Patents:
 A suit can lie in district or high court as per Patents Act, 1970
(amended 2005).
 It may issue injunction to prevent from further use of patents; or ask
guilty party to pay royalties to patent owner(s).
Copyrights:
 A suit can lie in district or high court Copyright Act, 1957.
 Punishment extends from 6 months to 3 years.
 Permanent ban on commercial activities can be issued.
Trademarks:
 A suit can lie in district or high court as per Trademark Act, 1999
(amended 2010).
 Punishable with imprisonment up to 3 years and fine as per claims.

17. WHAT WE LEARNT
 Create yourself, rather than using others creations.
 Do not use competitor’s mark in such a way that it
harms competitor in unfair way.
 Do not use comparisons that are likely to cause
confusion.
 Technological advancement has made job of the
CREATOR easy, but it has also made the job of the
COPYCAT easier.

18. THE MAAZA WARS
VS

19. BAJAJ VERSUS TVS
Yeh spark plug
mujhe dede
TVS!!!

21. THANK YOU!