7/28/2019 Dr. Verma IPR 97-03

1/23

Basics of IPRsDr. D.P.Verma Asstt.Professor Law

H.P.University Regional Centre

Dharamshala (H.P.) dp48115@gmail.com

7/28/2019 Dr. Verma IPR 97-03

2/23

Property Defined

Legally property is defined as what can

be owned, enjoyed and disposed off as

a matter of right.

7/28/2019 Dr. Verma IPR 97-03

3/23

Simple classification

Tangible ( having corpus)

Non Tangible ( without physical

existence)In both the case the owner has exclusive

right to determine how it is used.

7/28/2019 Dr. Verma IPR 97-03

4/23

What is intellectual property?

Intellectual properties are intangible products of

the mind. These include:

inventions (devices, compositions, plants, designs)

publications

videotapes

computer programs

works of art.

7/28/2019 Dr. Verma IPR 97-03

5/23

INTELLECTUAL PROPERTYIntellectual property is the product or creation of

the mind. It is different from other properties in

term that it is intangible. Hence it needs some

different way for its protection.

INTELLECTUAL PROPERTY RIGHTS IPR is

the body of law developed to protect the creative

people who have disclosed their invention for thebenefit of mankind. This protects their invention

from being coped or imitated without their consent.

7/28/2019 Dr. Verma IPR 97-03

6/23

Different use of Industrial

Property and Intellectual PropertyOnly Copyrights and related rights were

considered as Intellectual Property.

All other forms of property were

considered as Industrial Property e.g.

Patents, Trademarks and designs etc.

7/28/2019 Dr. Verma IPR 97-03

7/23

WHY IS I.P. IMPORTANT?

protects important assets from theft,exploitation or abuse

identifies contributions by the Company or

inventor to the field

secures monetary compensation for the

Company (and sometimes the inventor) Sometimes all a company has to leverage is

its IP 7

7/28/2019 Dr. Verma IPR 97-03

8/23

Evolution of IPRs

Post World Wars Development

Brettonwood Institutions

*International Monetary Fund

*International Bank for reconstruction anddevelopment (IBRD)

*International Trade Organisation (ITO)

7/28/2019 Dr. Verma IPR 97-03

9/23

IMF Retained

IBRD Converted into World

Bank

ITO Converted into GATT

7/28/2019 Dr. Verma IPR 97-03

10/23

General Agreement on Tariffs and

Trade (GATT) was formed in 1948

with 23 founder member countries.

India one of the Founder member.

7/28/2019 Dr. Verma IPR 97-03

11/23

The prime objective was to

stimulate trade and regularise

the tariffs across borders

7/28/2019 Dr. Verma IPR 97-03

12/23

The GATT Rounds of Negotiations

Year Place Subject Countries1947 Geneva Tariffs 23

1949 Annecy Tariffs 13

1951 Torquay Tariffs 38

1956 Geneva Tariffs 26

1960-1961 Geneva Tariffs 26

Dillon Round

7/28/2019 Dr. Verma IPR 97-03

13/23

Year Place Subject Countries

1964-1967 Geneva Tariffs and 62

(Kennedy Round) (anti-dumping measures)

1973-1979 Geneva Tariffs, non-tariff 102

framework

1986-1994 Geneva ( Uruguay Round) 123

7/28/2019 Dr. Verma IPR 97-03

14/23

Uruguay Round

Tariffs, non-tariff measures,

Rules,

General Agreement on Trade in Services (GATS)

Trade Related Intellectual Property Rights (TRIPs),Dispute Settlement ,

Trade Related Investment Measures (TRIMs)

Textiles,

Agriculture,Creation of WTO, etc

7/28/2019 Dr. Verma IPR 97-03

15/23

TRIPS Agreement

The most detailed and comprehensivemultilateral agreement on intellectual

property yet negotiated.

7/28/2019 Dr. Verma IPR 97-03

16/23

TRIPS introduced intellectual property

rules into the multilateral trading systemfor the first time.

Membership in WTO requires a country

to agree to adopt the minimum standards

for intellectual property regulation.

IP laws are established and enforced byeach individual Member Country.

7/28/2019 Dr. Verma IPR 97-03

17/23

TRIPS Agreement

STRATEGIC ELEMENTS

PROTECTION OFFERED BY EACH ONE OF

THE TOOLS

PERIOD OF VALIDITY

GEOGRAPHICAL LIMITS

ENFORCEMENT FEATURES LICENSING ISSUES, BENEFIT SHARING

OTHER LEGAL IMPLICATIONS

7/28/2019 Dr. Verma IPR 97-03

18/23

TRIPS Agreement

TRIPS Agreement lays down norms and standards

for seven types of intellectual property, viz

Copyright and related rights

Trademarks

Geographical indications

Industrial Design

PatentsUndisclosed information

Lay out design of integrated

7/28/2019 Dr. Verma IPR 97-03

19/23

WIPO

WIPO is one of the specialized agencies

of the United Nations. WIPO was

created in 1967 with the stated purpose

of encouraging creative activity and

promoting the protection of Intellectual

Property throughout the world.

7/28/2019 Dr. Verma IPR 97-03

20/23

Basic Facts about WIPO

WIPOs Mission:

To promote the protection of IP rights

worldwide and extend the benefits

of the international IP system to all

member States

7/28/2019 Dr. Verma IPR 97-03

21/23

Compliance of TRIPS in India

The Patents Act, 1970 (as amended in2005)

The Designs Act, 2000

The Trade Marks Act 1999

The Geographical Indications of Goods(Registration & Protection) Act, 1999

The Copyrights Act 1957 (amended in

1999) Protection of Plant Variety Act 2001

Biodiversity Act 2002.

7/28/2019 Dr. Verma IPR 97-03

22/23

CONTROLLER GENERAL OF PATENTS, DESIGNS

AND TRADEMARKS

(CGPDTM)

T M REGISTRY

DESIGN OFFICE

G.I. REGISTRY

Head Office

KOLKATA

Branch

DELHI

Branch

CHENNAI

Branch

MUMBAI

Head Office

MUMBAI

DELHI

KOLKATA

CHENNAI

ABAD

IPTI ,NIIPM,

P.I.S. Nagpur

KOLKATA

PATENT OFFICE

CHENNAI

7/28/2019 Dr. Verma IPR 97-03

23/23

Thank you