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Intellectual Property Rights

In an advancing world, ideas and knowledge govern everything. Wherever there are new projects,
inventions and creations, knowledge acts as the base. Every inventions and creations can be called as the
products oI human mind and all these aim at enhancing the quality oI human liIe. These products oI human
mind or intellectual property should be protected and Ior this, there are certain rules and regulations.
1. Definition
The World Intellectual Property Organization (WIPO), a specialized agency oI the United Nations
deIines Intellectual Property (IP) as creations oI the mind: inventions, literary and artistic works, and
symbols, names, images, and designs used in commerce.
The term Intellectual Property (IP) reIlects the idea that its subject matter is the product oI the mind or the
intellect. IP, protected through law, like any other Iorm oI property can be a matter oI trade, that is, it can
be owned, bequeathed, sold or bought. The major Ieatures that distinguish it Irom other Iorms are their
intangibility and non-exhaustion by consumption.
IP is the Ioundation oI knowledge-based economy. It pervades all sectors oI economy and is increasingly
becoming important Ior ensuring competitiveness oI the enterprises.
2. Tangible and intangible property
Tangible Property (Physical)

Intangible Property
(Intellectual or Immaterial)
The owner has exclusive right to determine
how it is used.
The owner has exclusive right to determine
how it is used.
Can only be used by one or a limited number oI
people at a given time.

Can be used by various people at the same
time, including the owner or creator.
Has economic value as long as it exists and has
demand.

Has economic value only Ior the duration
speciIied in the laws and as long as it has
demand.
Less possibility oI theIt and disputes
concerning ownership.

Greater possibility oI theIt and disputes
concerning ownership.
TheIt occurs only iI the ownership changes. TheIt occurs iI the property is copied, imitated,
adapted, translated, used or displayed.
Expenditure or income Irom the property may
be subject to taxation
Expenditure or income Irom the property may
be subject to taxation
It may be valued and reIlected on account
books and balance sheets
It may be valued and reIlected on account
books and balance sheets
It may be securitized and used as collateral Ior
borrowing money

It may be securitized and used as collateral Ior
borrowing money

It can be insured.

It can be insured.

3. Types of intellectual property
IP is divided into two categories: Industrial property and Copyright.


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Rights related to copyright include those oI perIorming artists in their perIormances, producers oI
phonograms in their recordings, and those oI broadcasters in their radio and television programs.
The innovations and creative expressions oI indigenous and local communities are also IP, yet because
they are 'traditional they may not be Iully protected by existing IP systems. Access to the genetic
resources also raises IP questions.
. India on Intellectual Property Right
The Govt. OI India has set up a special department to deal with the issues related to intellectual
property. The Govt. has also Iormed certain laws relating to intellectual property.
.1. Department of Industrial Policy and Promotion (DIPP) and Intellectual Property Rights (IPRs)
DIPP is concerned with legislations relating to Patents, Trade Marks, Designs and Geographical
Indications. These are administered through the OIIice oI the Controller General oI Patents, Designs and
Trade Marks (CGPDTM), subordinate oIIice, with headquarters at Mumbai, as under:

The Patents Act, 1970 (amended in 1999, 2002 and 2005) through the Patent OIIices at Kolkata
(HQ), Mumbai, Chennai and Delhi.
The Designs Act, 2000 through the Patent OIIices at Kolkata (HQ), Mumbai, Chennai and Delhi.
The Trade Marks Act, 1999 through the Trade Marks Registry at Mumbai (HQ) Chennai, Delhi,
Kolkata and Ahmedabad.
The Geographical Indications oI Goods (Registration & Protection) Act, 1999 through the
Geographical Indications Registry at Chennai.
The Controller General oI Patents, Designs and Trade Marks (CGPDTM) is also in-charge oI the
OIIice oI the Patent InIormation System, Nagpur and the Intellectual Property Training Institute,
Nagpur. The oIIice has 446 personnel in the patents and designs OIIices and 291 personnel in
trademarks and geographical indication OIIices.
Necessary saIeguards have been built into the IP laws, in particular in the Patents law, Ior
protection oI public interest including public health.
Along with the legislation, rules have also been amended to install a user-Iriendly system Ior
processing oI IP applications.

.1.Intellectual Property Appellate Board (IPAB)
An Intellectual Property Appellate Board (IPAB) has been set up at Chennai to hear appeals against the
decisions oI Registrar oI Trademarks, Geographical Indications and the Controller oI Patents.

.2.Other IP Legislations

Copyright is protected through Copyright Act, 1957, as amended in 1999 - administered by the
Department oI Higher Education.
Industrial property

Inventions (patents)
Literary works
Trademarks
Industrial designs
Geographic indications
Drawings, paintings,
photographs, sculptures,
architectural designs
Novels, poems and plays,
Iilms, musical works
Artistic works
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Layout oI transistors and other circuitry elements is protected through the Semi-conductor
Integrated Circuits Layout-Design Act, 2000 - administered by the Department oI InIormation
Technology.
New varieties oI plants are protected through the Protection oI Plant Varieties and Farmers` Rights
Act, 2001 - administered by the Department oI Agriculture and Cooperation.
Article 39 oI the TRIPs Agreement mandates protection oI test data submitted to regulatory
authorities Ior obtaining marketing approvals against unIair commercial use. A Committee under
the chairmanship oI Secretary, Department oI Chemicals and Petro-chemicals has examined this
issue and submitted its Report to the Government.
. The role of international organizations in the field of IPR

WIPO- The World Intellectual Property Organization (WIPO) is an international organization dedicated to
ensuring that the rights oI creators and owners oI intellectual property are protected worldwide, and that
inventors and authors are thus recognized and rewarded Ior their ingenuity.
As a specialized agency oI the United Nations, WIPO exists as a Iorum Ior its Member States to create and
harmonize rules and practices to protect intellectual property rights. Most industrialized nations have
protection systems that are centuries old. Many new and developing countries, however, are now building
up their patent, trademark and copyright laws and systems. With the rapid globalization oI trade during the
last decade, WIPO plays a key role in helping these new systems to evolve through treaty negotiation, legal
and technical assistance, and training in various Iorms, including in the area oI enIorcement oI intellectual
property rights.
The Iield oI copyright and related rights has expanded dramatically as technological developments have
brought new ways oI disseminating creations worldwide through such Iorms oI communication as satellite
broadcasting, compact discs, DVDs and the Internet. WIPO is closely involved in the on-going
international debate to shape new standards Ior copyright protection in cyberspace.
The world observes April 26 as the World Intellectual Property Day

6. Intellectual Property Rights

The rights on the intellectual properties proclaim a person`s ownership on the products oI his intellect.
Intellectual property rights in India include:
6.1. Patents
6.2. Trade marks
6.3. Industry designs
6.4. Geographical indications
6.5. Copyrights and related rights

6.1. Patent
A patent is an exclusive right granted Ior an invention, which is a product or a process that provides, in
general, a new way oI doing something, or oIIers a new technical solution to a problem. In order to be
patentable, the invention must IulIil certain conditions.
A patent provides protection Ior the invention to the owner oI the patent. The protection is granted Ior a
limited period, generally 20 years. Patent protection means that the invention cannot be
commercially made, used, distributed or sold without the patent owner`s consent. These patent rights are
usually enIorced in a court, which, in most systems, holds the authority to stop patent inIringement.
Conversely, a court can also declare a patent invalid upon a successIul challenge by a third party.
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A patent owner has the right to decide who may - or may not - use the patented invention Ior the period in
which the invention is protected. The patent owner may give permission to, or license, other parties to use
the invention on mutually agreed terms. The owner may also sell the right to the invention to someone else,
who will then become the new owner oI the patent. Once a patent expires, the protection ends, and an
invention enters the public domain, that is, the owner no longer holds exclusive rights to the invention,
which becomes available to commercial exploitation by others.
Patented inventions have, in Iact, pervaded every aspect oI human liIe, Irom electric lighting (patents held
by Edison and Swan) and plastic (patents held by Baekeland), to ballpoint pens (patents held by Biro) and
microprocessors (patents held by Intel, Ior example).
To be patented, the invention must, IulIil the certain conditions.
Practical use
Novelty- new characteristics which is not known in the body oI existing knowledge in its technical
Iield.
Inventive step
The subject matter must be accepted as "patentable" under law.
In many countries, scientiIic theories, mathematical methods, plant or animal varieties, discoveries oI
natural substances, commercial methods, or methods Ior medical treatment (as opposed to medical
products) are generally not patentable.
6.1.1. Patents in India: Patent Law & Application

The patent, in the eyes oI the law, is a property right and it can be given away, inherited, sold, licensed and
can even be abandoned. As it is conIerred by the government, the government, in certain cases even aIter
grant or even iI it has been, in the meantime, sold or licensed, can revoke it.

I. Legal Basis
O The Patents Act 1970, as amended by The Patents (Amendment) Act 2005.
O The Patents Rules, 2003, as amended by The (Amendment) Rules 2006.

II. Filing Application
Any person, even iI he or she is a minor, may apply Ior a patent either alone or jointly with any other
person. Such persons include the inventor, or his assignee or legal representative in the case oI an ordinary
application or, in the case oI a priority application, the applicant in the convention country or his assignee
or his legal representative. A corporate body cannot be named as an inventor. Foreigners and nationals not
living in India need an address Ior service in India Ior this purpose. They may appoint a registered agent or
representative whose address Ior service can be the address Ior service in India.

O Place of filing:
An application Ior patent must be Iiled at the Patent OIIice branch within whose territorial
jurisdiction the applicant resides or has his principal place oI business or domicile. A Ioreign
applicant must Iile in the Patent OIIice branch having jurisdiction over the place where his address
Ior service is located.
O Priority:
Priority can be claimed Irom the earliest corresponding application in a convention country,
provided that the Indian application is Iiled within twelve months oI the priority date. Multiple and
partial priorities are allowed.
O $pecification:
A priority application must be Iiled with a complete speciIication in the Iirst instance but a non-
priority application may be Iiled with either a provisional speciIication or a complete speciIication.
Where a provisional speciIication is Iiled in the Iirst instance, a complete speciIication must be
Iiled within twelve months. Where two or more provisional speciIications have been Iiled, the
speciIications may be cognate and all the subject matter may be incorporated into a single
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complete speciIication to be lodged within twelve months oI the date oI the earliest Iiled
provisional speciIication.
O aming of inventor(s):
As regards non-priority applications, the inventor(s) must be named in the application Iorm. As
regards priority applications, a declaration as to inventor ship must be Iiled with the application or
within a maximum period oI six months.
O Information of corresponding applications in other countries:
It is necessary at the time oI Iiling a patent application in India, to inIorm the Controller oI the
details oI all corresponding applications in other countries and to undertake to keep the Controller
so inIormed up to the grant oI the Indian application. Failure to do so could result in the reIusal oI
the application in case it is opposed, or even revocation oI a patent in proceedings beIore the High
Court.
III. Patent Examination
O Examination of application:
Both Iormal and substantive examinations are made by the Indian Patent OIIice. Examination is by
request.
O Procedure:
An applicant is required to meet all the objections and requirements oI the Patent OIIice within a
period oI twelve months Irom the date oI the Iirst examination report (FER) issued by the
Controller. No extension oI time is permitted. II a patent application is not put in order in twelve
months Irom the date oI the FER it lapses.
O Amendment of application:
An applicant may, oI his own accord, apply to the Controller Ior amendment oI his application or
any document Iiled in respect thereoI but such amendments must be Iiled by way oI correction,
explanation, or disclaimer.

IV. Patent Publication
Publication takes place 18 months Irom the date oI the application. Urgent publication is possible on
request on payment oI Iees. On and Irom the date oI publication oI application Ior patent and until the date
oI grant oI a patent in respect oI such application, the applicant will have the like privileges and rights as iI
a patent Ior the invention had been granted on the date oI publication oI the application.

V. Patents and Computer $oftware
It is possible to patent programs Ior computers which, when run on a computer produce a technical eIIect
or includes hardware. However, iI a program does not produce a technical eIIect when run on a computer it
is unlikely to be patentable. A technical eIIect is generally an improvement in technology and needs to be
in an area oI technology, which is patentable. For instance, an improved program Ior translating between
Japanese and English is not patentable because linguistics is a mental process, not a technical Iield. On the
other hand, a program, which speeds up image enhancement, may be patentable because it produces a
technical improvement in a technical area.
Deciding whether or not a particular computer program is patentable is a complex issue and advice
Irom a Patent Agent may help to determine which the most eIIective Iorm oI protection available is.
6.2. Trade marks
A trademark is a distinctive sign which identiIies certain goods or services produced or provided by a
speciIic person or enterprise. Its origin dates back to ancient times, when craItsmen reproduced their
signatures, or "marks" on their artistic or utilitarian products. Over the years these marks evolved into
today's system oI trademark registration and protection. The system helps consumers identiIy and purchase
a product or service because its nature and quality, indicated by its unique trademark, meets their needs.

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APPLE McDonald`s Rolls- Royce Cars

A trademark provides protection to the owner oI the mark by ensuring the exclusive right to use it to
identiIy goods or services, or to authorize another to use it in return Ior payment. The period oI protection
varies, but a trademark can be renewed indeIinitely beyond the time limit on payment oI additional Iees.
Trademark protection is enIorced by the courts, which in most systems have the authority to block
trademark inIringement.
6.2.1 Trade Mark Law in India
To register a trade mark India it must be capable oI being represented graphically, that is, in words and/or
picture.
I. Legal Basis
O The Trade Marks Act, 1999
O The Trade Marks Rules, 1959. The law is based mainly on the United Kingdom Trade Marks law
and provides Ior the registration oI trademarks which are being used, or which will be used, Ior
certain goods to indicate a connection between them and some person who has the right to use the
marks with or without any indication as to the identity oI the person.

II. Filing a Trademark Registration in India
O Application for registration:
An application Ior registration may be made by any person claiming to be the proprietor oI a mark
but only as regards the particular goods or service in respect oI which he/she is using or proposing
to use the mark. At the time oI Iiling the application, the proprietor must have the intention to use
the mark himselI/herselI or though a registered user.
O Foreigners and nationals not living in the country:
May be recorded as being registered proprietors oI trademarks but they must provide the Registry
with an address Ior service in India, otherwise, they must appoint a registered agent or
representative.
O ind of marks:
The law provides Ior association trademarks, the registration oI certiIication marks, deIensive
marks and collective marks.
O Registrability:
To be registrable, a trademark application must contain or consist oI the Iollowing essential
particulars:
4 The name oI a company, individual or Iirm represented in a special or particular manner;
4 The signature oI the applicant Ior registration or some predecessor in his/her business;
4 One or more invented words;
4 One or more words having no direct reIerence to the character or quality oI the goods and
not being, according to its ordinary signiIication, a geographical name, or a surname, or a
personal name, or any common abbreviation thereoI, or the name oI a sect, caste or tribe in
India;
4 Any other distinctive mark. No trademark shall be registered in respect oI analgin, aspirin,
chloropromazine, Ierrous sulphate, piperazine and its salts such as adipate, citrate and
phosphate or Ior a new single ingredient drug Iirst introduced in India. The Indian national
Ilag, the name or pictorial representation oI Mahatma Gandhi, Jawahar Lal Nehru,
Chatrapati Shivaji, or the Prime Minister oI India and the names and emblems oI certain
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international organizations may not be registered as trademarks. In the case oI portraits, the
name oI the person depicted must be stated.
O $ervice marks:
Can be registered in India in eight classes
O Priority:
Can be claimed Irom the earliest corresponding application in a Convention country provided that
application is Iiled in India within six months oI the priority date. Multiple and partial priorities are
allowed.
O Classification:
The international classiIication oI goods is used and separate applications must be Iiled Ior goods
Ialling in diIIerent classes. Classes 1 to 42 are available.
O Territory Covered:
The trademark legislation covers the whole oI the territory oI India as at present constituted,
including the States oI Jammu and Kashmir and the territories oI Goa, Daman, Diu, Dadra, Nagar
Haveli and Pondicherry.

III. Examination
Applications are examined to ensure that they comply with the requirements oI the law and that they do not
conIlict with marks which are already registered, or which are the subjects oI earlier pending applications.
O Amendments:
An application may be amended provided the amendment does not constitute a major alteration oI
the mark.
O round for refusal:
Registration may be reIused in respect oI marks which are scandalous or obscene, which are likely
to deceive, cause conIusion, or oIIend religious susceptibilities, which are contrary to the law or
morality, or which would otherwise be disentitled to protection in a court, which are accepted
chemical names or which are identical to other marks Ior the same goods or description oI goods.
In the case oI identical marks, registration may, however, be allowed upon prooI that the mark was
being used concurrently and in good Iaith.
O earing:
Hearing may be sought with regard to applications which the Registrar proposes to reIuse and an
appeal may be made to the High Court against any orders issued at a hearing.

IV. ranting, Protection
O Opposition:
Applications which have been accepted are advertised in the Trade Marks Journal and opposition
may be Iiled within three months oI the date oI advertisement; an extension oI time oI one month
Ior Iiling opposition may be obtained upon application.

Renewal fees:
Must be paid beIore but not more than six months beIore the date oI expiry oI the last registration;
a mark may be restored within one year Irom the last date oI renewal upon application to the
Registrar, either completely or subject to such conditions and limitations as he/she may think Iit to
impose. A trademark which has been removed Irom the Register Ior non-payment oI renewal Iees
can be cited against an application Ior registration during a period oI one year as Irom the date oI
removal.

6.3. Industrial designs
Industrial design can be deIined as 'the language oI communication oI objects, helping to communicate
both Iunction and aesthetics. It is a new or original idea in relation to the Ieatures oI shape, conIiguration,
pattern, and ornament, composition oI lines or colours or combination thereoI applied to any article by an
industrial process.

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An industrial design constitutes the ornamental or aesthetic aspect oI an article. A design may consist oI
three-dimensional Ieatures, such as the shape or surIace oI an article, or oI two-dimensional Ieatures, such
as patterns, lines or colour.
Industrial designs are applied to a wide variety oI products oI industry and handicraIt: Irom technical and
medical instruments to watches, jewellery, and other luxury items; Irom house wares and electrical
appliances to vehicles and architectural structures; Irom textile designs to leisure goods.
To be protected under most laws, an industrial design must be new and/or original. Novelty or originality is
determined with respect to the existing design corpus. An industrial design does not protect any technical
Industrial designs are what makes a product attractive and appealing; hence, they add to the commercial
value oI a product and increase its marketability.
When an industrial design is protected, this helps to ensure a Iair return on investment. An eIIective system
oI protection also beneIits consumers and the public at large, by promoting Iair competition and honest
trade practices. Protecting industrial designs helps economic development, by encouraging creativity in
the industrial and manuIacturing sectors and contributes to the expansion oI commercial activities and the
export oI national products.
Case
Apple i Pad 2 vs Samsung Galaxy Tab 10.1


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Apple Iiled cases against Samsung accusing that Apple`s design and Ieatures were copied by Samsung
when they launched the new Galaxy Tab 10.1. The Apple won the battle as a German court banned the sale
oI Galaxy Tab in almost all European Union countries except Netherlands. A similar case was Iiled in
Australia and here also, the Apple had victory. Apple said that all they wanted was the protection oI their
intellectual property Irom such Ilat copying.
6.3.1 Design Registration in India
Design means only the Ieatures oI shape, conIiguration, pattern or ornament or composition oI lines or
colour or combination thereoI applied to any article whether two dimensional or three dimensional or in
both Iorms, by any industrial process or means, whether manual, mechanical or chemical, separate or
combined, which in the Iinished article appeal to and are judged solely by the eye but does not include any
mode or principle oI construction or anything which is in substance a mere mechanical device and does not
include any trade mark, as deIined in clause (v) oI sub-section oI Section 2 oI the Trade and Merchandise
Marks Act, 1958, property mark or artistic works as deIined under Section 2(c) oI the Copyright Act, 1957.

I. In India, designs are protected by two legal rights:
O Registered designs and
O Artistic copyright
Design registration in India gives the owner, a monopoly on his or her product, i.e. the right Ior a limited
period to stop others Irom making, using or selling the product without their permission and is additional to
any design right or copyright protection that may exist automatically in the design.

II. Legal Basis
O Designs Act, 2000
O Designs Rules, 2001

III. 'Article' under the Designs Act, 2000
Under the Designs Act, 2000 the "article" means any article oI manuIacture and any substance, artiIicial, or
partly artiIicial and partly natural and includes any part oI an article capable oI being made and sold
separately.

IV. '$et of article' under Designs Act 2000
II a group oI articles meets the Iollowing requirements then that group oI articles may be regarded as a set
oI articles under the Designs Act, 2000:
Ordinarily on sale or intended to be used together.
All having common design even though articles are diIIerent (same class).
Same general character. Generally, an article having the same design and sold in diIIerent sizes is not
considered as a set oI articles. Practical example: "Tea set", "Pen set", "KniIe set" etc.

V. Essential requirements for the registration of 'Design' under the Designs Act, 2000
The design should be new or original, not previously published or used in any country beIore the date
oI application Ior registration. The novelty may reside in the application oI a known shape or pattern to
new Subject matter.
Practical example: The known shape oI "Kutub Minar" when applied to a cigarette holder the same is
registrable. However, iI the design Ior which application is made does not involve any real mental
activity Ior conception, then registration may not be considered.
The design should relate to Ieatures oI shape, conIiguration, pattern or ornamentation applied or
applicable to an article. Thus, designs oI industrial plans, layouts and installations are not registerable
under the Act.
The design should be applied or applicable to any article by any industrial process. Normally, designs
oI artistic nature like painting, sculptures and the like which are not produced in bulk by any industrial
process are excluded Irom registration under the Act.
The Ieatures oI the design in the Iinished article should, appeal to and are judged, solely by the eye.
This implies that the design must appear and should be visible on the Iinished article, Ior which it is
meant; Thus, any design in the inside arrangement oI a box, money purse or almirah may not be
considered Ior showing such articles in the open state, as those articles are generally put in the market
in the closed state.
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Any mode or principle oI construction or operation or anything which is in substance a mere

mechanical device, would not be registerable design. For instance, a key having its novelty only in the
shape oI its corrugation or bend at the portion intended to engage with levers inside the lock associated
with, cannot be registered as a design under the Act. However, when any design suggests any mode or:
principle oI construction or mechanical or other action oI a mechanism, a suitable disclaimer in respect
thereoI is required to be inserted on its representation, provided there are other registerable Ieatures in
the design.
The design should not include any Trade Mark or property mark or artistic works as deIined under the
Copyright Act, 1957.

VI. Applying for Registration of Design
The application Ior registration oI design can be Iiled by the applicant himselI/herselI or through a
proIessional person (i.e. patent agent, legal practitioner). However, Ior the applicants not being residents oI
India, an agent residing in India has to be employed.

VII. Place of applying for Registration of Design
Any person who desires to register a design shall submit the Iollowing documents to the Controller oI
Designs, The Patent OIIice at Kolkata, or at any oI its branch oIIices at New Delhi, Mumbai and Chennai.

VIII. Duration of the Registration of a Design and its extension
The duration oI the registration oI a design is initially ten years Irom the date oI registration but in uses
where claim to priority has been allowed, the duration is ten years Irom the priority date. This initial period
oI registration may be extended by Iurther period oI 5 years on an application made in Form-3
accompanied by a Iee oI Rs. 2,000/- to the Controller beIore the expiry oI the said initial period oI
Copyright. The proprietor oI a design may make application Ior such extension even as soon as the design
is registered.

IX. Cancellation of Registration of a Design
The registration oI a design may be cancelled at any time aIter the registration oI design, on a petition Ior
cancellation in Iorm 8, with a Iee oI Rs. 1,500/- to the Controller oI Designs, on the Iollowing grounds:
That the design has been previously registered in India or
That it has been published in India or elsewhere prior to date oI registration or
The design is not new or original or
Design is not registrable or
It is not a design under Clause (d) oI Section 2.
X. Restoration of the lapsed design due to non-payment of extension fee within prescribed time
A registration oI design will cease to be eIIective on non-payment oI extension Iee Ior Iurther term oI Iive
years, iI the same is not paid beIore the expiry oI original period oI 10 years.

XI. Piracy of a Design
Piracy oI a design means the application oI a design or its imitation to any article belonging to class oI
articles in which the design has been registered Ior the purpose oI sale or importation oI such articles
without the written consent oI the registered proprietor. Publishing such articles or exposing them Ior sale
with knowledge oI the unauthorized application oI the design to them also involves piracy oI the design.
6.. eographical Indications
A geographical indication is a sign used on goods that have a speciIic geographical origin and possess
qualities, reputation or characteristics that are essentially attributable to that place oI origin. Most
commonly, a geographical indication includes the name oI the place oI origin oI the goods. Agricultural
products typically have qualities that derive Irom their place oI production and are inIluenced by speciIic
local Iactors, such as climate and soil. Whether a sign is recognized as a geographical indication is a matter
oI national law. Geographical indications may be used Ior a wide variety oI products, whether natural,
agricultural or manuIactured.
A geographical indication points to a speciIic place, or region oI production, that determines the
characteristic qualities oI the product which originates Irom that place. It is important that the product
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derives its qualities and reputation Irom that place. Since those qualities depend on the place oI production,
a speciIic "link" exists between the products and their original place oI production.
The use oI geographical indications is not limited to agricultural products. They may also highlight
qualities oI a product which are due to human Iactors associated with the place oI origin oI the products,
such as speciIic manuIacturing skills and traditions. That place oI origin may be a village or town, a region
or a country. For example, 'Bohemia is recognized as a geographical indication in many countries Ior
speciIic products made in the Czech Republic, in particular crystal ware.
Geographical indications are understood by consumers to denote the origin and the quality oI products.
Many oI them have acquired valuable reputations which, iI not adequately protected, may be
misrepresented by dishonest commercial operators. False use oI geographical indications by unauthorized
parties is detrimental to consumers and legitimate producers. Consumers are deceived into believing that
they are buying a genuine product with speciIic qualities and characteristics, when they are in Iact getting
an imitation. Legitimate producers are deprived oI valuable business and the established reputation oI their
products is damaged.
Difference between geographic indication and trade mark
A trademark is a sign used by an enterprise to distinguish its goods and services Irom those oI other
enterprises. It gives its owner the right to exclude others Irom using the trademark. A trademark will oIten
consist oI a IanciIul or arbitrary name or device. A geographical indication tells consumers that a product is
produced in a certain place and has certain characteristics that are due to that place oI production. It may be
used by all producers who make their products in the place designated by a geographical indication and
whose products share speciIied qualities. Unlike a trademark, the name used as a geographical indication
will usually be predetermined by the name oI the place oI production.
6.. Copy right and related rights
Copyright relates to artistic creations, such as books, music, paintings and sculptures, Iilms and
technology-based works such as computer programs and electronic databases. In most European languages
other than English, copyright is known as author`s rights. The expression copyright reIers to the main act
which, in respect oI literary and artistic creations, may be made only by the author or with his
authorization. That act is the making oI copies oI the work. While other types oI intellectual property also
exist, it is helpIul Ior present purposes to explore the distinction between industrial property and copyright
in terms oI the basic diIIerence between inventions and literary and artistic works.
Copyright law protects only the form of expression oI ideas, not the ideas themselves. The creativity
protected by copyright law is the creativity used in the choice and arrangement oI words, musical notes,
colours and shapes. So copyright law protects the owner oI property rights against those who copy or
otherwise take and use the Iorm in which the original work was expressed by the author.
Since the legal protection oI literary and artistic works under copyright, by contrast, prevents only
unauthorized use oI the 0pr088ion8oI ideas, the duration oI protection can be much longer than in the case
oI the protection oI ideas themselves, without damage to the public interest. Also, the law can be - and in
most countries is - simply declaratory, i.e., the law may state that the author oI an original work has the
right to prevent other persons Irom copying or otherwise using his work. So a created work is considered
protected as soon as it exists, and a public register oI copyright protected works is not necessary.
6..1. Works Protected by Copyright
For the purposes oI copyright protection, the term 'literary and artistic works is understood to include
every original work oI authorship, irrespective oI its literary or artistic merit. The ideas in the work do not
need to be original, but the Iorm oI expression must be an original creation oI the author.
books, pamphlets and other writings;
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lectures, addresses, sermons;

dramatic or dramatic-musical works;
choreographic works and entertainments in dumb show;
musical compositions with or without words;
cinematographic works to which are assimilated works expressed by a process analogous to
cinematography;
works oI drawing, painting, architecture, sculpture, engraving and lithography;
photographic works, to which are assimilated works expressed by a process analogous to
photography;
works oI applied art; illustrations, maps, plans, sketches and three-dimensional works relative to
geography, topography, architecture or science;
'Translations, adaptations, arrangements oI music and other alterations oI a literary or artistic
work, which are to be protected as original works without prejudice to the copyright in the original
work..
Collections oI literary or artistic works such as encyclopaedias and anthologies which, by reason oI
the selection and arrangement oI their contents, constitute intellectual creations are to be protected
as such, without prejudice to the copyright in each oI the works Iorming part oI such collections.
Computer programs are protected under the copyright laws oI a number oI countries. Multimedia
productions are another example oI a type oI work not listed in the 0rn0 onv0ntion, but which clearly
comes within the notion oI creations in the literary, scientiIic and artistic domain. While no acceptable
legal deIinition has been developed, there is a consensus that the combination oI sound, text and images in
a digital Iormat, which is made accessible by a computer program, embodies an original expression oI
authorship suIIicient to justiIy the protection oI multimedia productions under the umbrella oI copyright.
6..2. Rights Protected Under Copyright
The most important Ieature oI any kind oI property is that the owner may use it exclusively, i.e., as he
wishes, and that nobody else can lawIully use it without his authorization. This does not, oI course, mean
that he can use it regardless oI the legally recognized rights and interests oI other members oI society.
Similarly the owner oI copyright in a protected work may use the work as he wishes, and may prevent
others Irom using it without his authorization. The rights granted under national laws to the owner oI
copyright in a protected work are normally exclusive rights to authorize a third party to use the work,
subject to the legally recognized rights and interests oI others.
There are two types oI rights under copyright. Economic rights allow the rights owner to derive Iinancial
reward Irom the use oI his works by others. Moral rights allow the author to take certain actions to preserve
the personal link between himselI and the work.
Most copyright laws state that the author or rights owner has the right to authorize or prevent certain acts in
relation to a work. The rights owner oI a work can prohibit or authorize:
O its reproduction in various Iorms, such as printed publications or sound recordings;
O the distribution oI copies;
O its public perIormance;
O its broadcasting or other communication to the public;
O its translation into other languages;
O Its adaptation, such as a novel into a screenplay.
6..3. Reproduction, distribution and related rights
The right to control the act oI reproduction be it the reproduction oI books by a publisher, or the
manuIacture by a record producer oI compact discs containing recorded perIormances oI musical works - is
the legal basis Ior many Iorms oI exploitation oI protected works.
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Many laws include a right speciIically to authorize distribution oI copies oI works. Obviously, the right oI
reproduction would be oI little economic value iI the owner oI copyright could not authorize the
distribution oI the copies made with his consent. The right oI distribution usually terminates upon Iirst sale
or transIer oI ownership oI a particular copy. Another right which is achieving increasingly wide
recognition, is the right to authorize rental oI copies oI certain categories oI works, such as musical works
in sound recordings, audiovisual works, and computer programs. This became necessary in order to
prevent abuse oI the copyright owner`s right oI reproduction when technological advances made it easy Ior
rental shop customers to copy such works.
Finally, some copyright laws include a right to control importation oI copies as a means to prevent erosion
oI the principle oI territoriality oI copyright; that is, the legitimate economic interests oI the copyright
owner would be endangered iI he could not exercise the rights oI reproduction and distribution on a
territorial basis.
Certain Iorms oI reproduction oI a work are exceptions to the general rule, because they do not require the
authorization oI the rights owner. These exceptions are known as limitations on rights. Photocopying and
other types oI reproduction using digital technology are examples.
6... Rights of public performance, broadcasting and communication to the public
A public performance is considered under many national laws to include any perIormance oI a work at a
place where the public is or can be present; or at a place not open to the public, but where a substantial
number oI persons outside the normal circle oI a Iamily and its close acquaintances are present. The right
oI public perIormance entitles the author or other copyright owner to authorize live perIormances oI a
work, such as a play in a theatre, or an orchestra perIormance oI a symphony in a concert hall. Public
perIormance also includes perIormance by means oI recordings. Thus a musical work is considered
publicly perIormed when a sound recording oI that work, or phonogram, is played over ampliIication
equipment, Ior example in a discotheque, airplane, or shopping mall.
The right oI broadcasting covers the transmission Ior public reception oI sounds, or oI images and sounds,
by wireless means, whether by radio, television, or satellite. When a work is communicated to the public,
a signal is distributed by wire or wireless means, which can be received only by persons who possess the
equipment necessary to decode the signal. Cable transmission is an example oI communication to the
public.
In recent years, the rights oI broadcasting, public perIormance and communication to the public has been
the subject oI much discussion. New questions have arisen as a result oI technological developments, in
particular digital technology, which has introduced interactive communications, whereby the user selects
which works he wishes to have delivered to his computer. Opinions diverge as to which right should be
applied to this activity. The clariIies that it should be covered by an exclusive right, which the Treaty
describes as the authors` right to authorize making their works available to the public 'in such a way that
members oI the public can access these works Irom a place and at a time individually chosen by them.
Most national laws implement this right as a part oI the right oI communication to the public, although
some do so as part oI the right oI distribution.
6... Translation and adaptation rights
The acts oI translating or adapting a work protected by copyright also require authorization Irom the rights
owner. Translation means the expression oI a work in a language other than that oI the original version.
Adaptation is generally understood as the modiIication oI a work to create another work, Ior example
adapting a novel to make a Iilm; or the modiIication oI a work Ior diIIerent conditions oI exploitation, e.g.,
by adapting a textbook originally written Ior university students to make it suitable Ior a lower level.
Translations and adaptations are themselves works protected by copyright. So in order to publish a
translation or adaptation, authorization must be obtained both Irom the owner oI the copyright in the
original work and Irom the owner oI copyright in the translation or adaptation.
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The scope oI the right oI adaptation has been the subject oI signiIicant discussion in recent years because
oI the greatly increased possibilities Ior adapting and transIorming works which are embodied in digital
Iormat. With digital technology, manipulation oI text, sound and images by the user is quick and easy.
Discussions have Iocused on the appropriate balance between the rights oI the author to control the
integrity oI the work by authorizing modiIications, and the rights oI users to make changes which seem to
be part oI a normal use oI works in digital Iormat.
6..6. Limitations on Rights
The Iirst limitation is the exclusion Irom copyright protection oI certain categories of works. In some
countries, works are excluded Irom protection iI they are not Iixed in tangible Iorm. For example, a work
oI choreography would only be protected once the movements were written down in dance notation or
recorded on videotape. In certain countries, the texts oI laws, court and administrative decisions are
excluded Irom copyright protection.
The second category oI limitations concerns particular acts oI exploitation, normally requiring the
authorization oI the rights owner, which may, under circumstances speciIied in the law, be carried out
without authorization. There are two basic types oI limitations in this category: (a) free use, which carries
no obligation to compensate the rights owner Ior the use oI his work without authorization; and (b) non-
voluntary licenses, which do require that compensation be paid to the rights owner Ior non-authorized
exploitation.
Examples oI Iree use include:
O quoting Irom a protected work, provided that the source oI the quotation and the name oI the
author is mentioned, and that the extent oI the quotation is compatible with Iair practice;
O use oI works by way oI illustration Ior teaching purposes; and
O use oI works Ior the purpose oI news reporting.
on-voluntary licenses allow use oI works in certain circumstances without the authorization oI the
owner oI rights, but require that compensation be paid in respect oI the use. Such licenses are called non-
voluntary because they are allowed in the law, and do not result Irom the exercise oI the exclusive right oI
the copyright owner to authorize particular acts. Non-voluntary licenses were usually created in
circumstances where a new technology Ior the dissemination oI works to the public had emerged, and
where the national legislator Ieared that rights owners would prevent the development oI the new
technology by reIusing to authorize use oI works.
6..7. Duration of Copyright
Copyright does not continue indeIinitely. The law provides Ior a period oI time during which the rights oI
the copyright owner exist. The purpose oI this provision in the law is to enable the author`s successors to
beneIit economically Irom exploitation oI the work aIter the author`s death.
6..8. Ownership, Exercise and Transfer of Copyright
The owner oI copyright in a work is generally, at least in the Iirst instance, the person who created the
work, i.e. the author oI the work. But this is not always the case. The laws oI many countries provide that
the initial rights owner in a work may transIer all economic rights to a third party. Authors may sell the
rights to their works to individuals or companies best able to market the works, in return Ior payment.
These payments are oIten made dependent on the actual use oI the work, and are then reIerred to
as royalties. TransIers oI copyright may take one oI two Iorms: assignments and licenses.
Under an assignment, the rights owner transIers the right to authorize or prohibit certain acts covered by
one, several, or all rights under copyright. An assignment is a transIer oI a property right. So iI all rights
are assigned, the person to whom the rights were assigned becomes the new owner oI copyright. Licensing
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means that the owner oI the copyright retains ownership but authorizes a third party to carry out certain
acts covered by his economic rights, generally Ior a speciIic period oI time and Ior a speciIic purpose.
A rights owner may also abandon the exercise of the rights, wholly or partially. The owner may, Ior
example, post copyright protected material on the Internet and leave it Iree Ior anybody to use, or may
restrict the abandonment to non commercial use.
6..9. Related Rights
The purpose oI related rights is to protect the legal interests oI certain persons and legal entities who
contribute to making works available to the public; or who produce subject matter which, while not
qualiIying as works under the copyright systems oI all countries, contain suIIicient creativity or technical
and organizational skill to justiIy recognition oI a copyright-like property right.
The related rights have been granted to three categories oI beneficiaries:
O perIormers,
O producers oI phonograms and
O Broadcasting organizations
6..10. Copyright Registration: Copyright Law & Application India
Copyright Registration in India gives the creators oI a wide range oI material, such as literature, art, music,
sound recordings, Iilms and broadcasts, economic rights enabling them to control use oI their material in a
number oI ways, such as by making copies, issuing copies to the public, perIorming in public, broadcasting
and use on-line. It also gives moral rights to be identiIied as the creator oI certain kinds oI material and to
object to its distortion or its mutilation. (Material protected by copyright is termed a "work".)

However, copyright does not protect ideas, names or titles. The purpose oI copyright law in India is to
allow copyright registrants to gain economic rewards Ior their eIIorts and so encourage Iuture creativity
and the development oI new material which beneIits us all. Copyright material is usually the result oI
creative skill and/or signiIicant labour and/or investment and without protection; it would oIten be very
easy Ior others to exploit material without paying the creator. Most uses oI copyright material thereIore
require permission Irom the copyright owner. However there are exceptions to copyright, so that some
minor uses may not result in copyright inIringements.
Copyright protection is automatic as soon as there is a record in any Iorm oI the material that has been
created. Under the Indian Copyright Act there is a provision to register copyright although this is
voluntary.

6..11. Owner of Copyright
In the case oI a literary, dramatic, musical or artistic work, the general rule is that the author, i.e. the
person who created the work, is the Iirst owner oI the economic rights under copyright. However,
where such a work is made in the course oI employment, the employer is the Iirst owner oI these
rights, unless an agreement to the contrary has been made with the author.
In the case oI a Iilm, the principal director and the Iilm producer are joint authors and Iirst owners oI
the economic rights and similar provisions as reIerred to above apply where the director is employed.
In the case oI a sound recording the record producer is the author and Iirst owner oI copyright; in the
case oI a broadcast, the broadcaster; and in case oI a published edition, the publisher.

Copyright is, however, a Iorm oI property which, like physical property, can be bought or sold, inherited or
otherwise transIerred, wholly or in part. So, some or all oI the economic rights may subsequently belong to
someone other than the Iirst owner. In contrast, the moral rights accorded to authors oI literary, dramatic,
musical and artistic works and Iilm directors remain with the author or director or pass to his or her heirs
on death. Copyright in material produced by a Government department belongs to the Government oI
India.

Copyright owners generally have the right to authorise or prohibit any oI the Iollowing things in relation to
their works:
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Copying oI the work in any way eg. photocopying / reproducing a printed page by handwriting, typing
or scanning into a computer / taping live or recorded music.
Issuing copies oI the work to the public.
Public delivery oI lectures or speeches etc.
Broadcasting oI the work, audio / video or including it in a cable programme.
Making an adaptation oI the work such as by translating a literary or dramatic work, transcribing a
musical work and converting a computer program into a diIIerent computer language or code.
Copyright is inIringed when any oI the above acts are done without authorisation, whether directly or
indirectly and whether the whole or a substantial part oI a work, unless what is done Ialls within the scope
oI exceptions to copyright permitting certain minor uses oI material.
There are a number oI exceptions to copyright that allow limited use oI copyright works without the
permission oI the copyright owner. For example, limited use oI works may be possible Ior research and
private study, criticism or review, reporting current events, judicial proceedings, teaching in schools and
other educational establishments and not Ior proIit playing oI sound recordings. Where a copyright
exception covers publication oI excerpts Irom a copyright work, it is generally necessary to include an
acknowledgement. Sometimes more than one exception may apply to the use you are thinking oI.

It is important to remember that just buying or owning the original or a copy oI a copyright work does not
give you permission to use it the way you wish. For example, buying a copy oI a book, CD, video,
computer program etc does not necessarily give you the right to make copies (even Ior private use), play or
show them in public. Other everyday uses oI copyright material, such as photocopying, scanning,
downloading Irom a CD-ROM or on-line database, all involve copying the work. So, permission is
generally needed. Also, use going beyond an agreed licence will require Iurther permission.

Protection oI Intellectual Properties is a very critical element in the oIIshore business model. There
have been many cases where companies have lost their position in the market due to the loss oI intellectual
property. Understanding the country`s IP Rights and Iollowing the best practices described in this paper
can drastically reduce the risk oI losing the company`s intellectual property. Commitment to protect the
intellectual property oI a company should be developed and nurtured at all levels oI the organization.











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7. Reference
Lamb, Trevor Cook, Alejandro I. Garcia- INTERNATIONAL INTELLECTUAL PROPERTY
ARBITRATION
Paul Sumpter - INTELLECTUAL PROPERTY LAW: PRINCIPLES IN PRACTICE
Carsten Fink and Keith E. Maskus, A co publication oI the World Bank and OxIord University
Press- INTELLECTUAL PROPERTY AND DEVELOPMENT- Lessons Irom Recent Economic
Research

http://www.wipo.int/about-ip/en/
http://www.rkdewan.com/iprOverviewPatent.jsp