• INTELLECTUAL PROPERTY LAW

• LLB I & BA LLB III

• PAPER VIII
• ASST PROF UMESH U. KATEKAR
• DAYANAND COLLEGE OF LAW, LATUR
 1. INTRODUCTORY

I. The meaning of Intellectual Property

II. Competing rationales of legal regimes for the
protection of I.P.
III. The main forms of I.P.- Copyright, Trademarks,
Patents, Designs
IV. The rationales for protection of rights in
Copyright, Trademarks, Patents, Designs, Trade
secrets, other new forms such as plant varieties & GI.
V. Introduction to leading international instruments
concerning IPR- Berne Convention, UCC, Paris
Union TRIPS, WIPO & UNESCO.
2. Select Aspects of Copyright Law of India
I. Historical evolution of the law.
II. Meaning of copyright
III. Copyright in literary, dramatic & musical
works
IV. Copyright in sound records & cinematograph
films
V. Copyright in computer programme
VI. Ownership of copyright
VII. Assignment of copyright
VIII. Author’s special rights
IX. Notion of Infringement
X. Infringement of Copyright by Films of Literary &
Dramatic Works
XI. Importation & Infringement
XII. Fair Use Provisions
XIII. Piracy in Internet
XIV. Aspects of Copyright Justice
XV. Remedies especially the possibility of Anton
Pillar injunctive relief in India.
3. Intellectual Property in Trademarks

I. The rationale of protection of Trademarks as –

a) an aspect of commercial &
b) of consumer rights
II. Definition & concept of trademarks
III. Registration
IV. Distinction between trademarks & property mark
V. The Doctrine of Deceptive Similarity
VII. Protection of well known marks
VIII. Passing Off & Infringement
IX. Criteria of Infringement
X. Standards of Proof in Passing Off Action
XI. Remedies
4. The Law of Intellectual Property: Patents

I. Concept of Patent
II. Historical view of Patents Law in India
III. Patentable inventions with special reference to
Biotechnology Products entailing creation of new
forms of life
IV. Patent Protection for Computer Programme
V. Process of obtaining a Patent: Application,
examination, opposition & sealing of patents: general
introduction
VI. Procedure for filing Patents, Patent Co-operation
Treaty.
VII. Some Grounds for Opposition –
A) The problem of limited locus standi to oppose,
specially in relation to inventions having potential of
ecological & mass disasters
B) Wrongfully obtaining the Invention
C) Prior Publication or Anticipation
D) Obviousness & the lack of inventive step
E) Insufficient Description
VIII) Rights & Obligations of a Patentee-
A) Patents as chose in action
B)Duration of Patents – Law & Policy
Considerations
C) Use & Exercise Rights
D) Right to Secrecy
E) The notion of Abuse of patent rights
F) Compulsory Licenses
IX) Special Categories –
A) Employee Invention – Law & policy consideration
B) International Patents, transfer of technology,
know- How & problems of self reliant development.
X) Infringement
A) Criteria of Infringement,
B) Onus of Proof,
C) Modes of Infringement:
D) The Doctrine of Colourable Variation,
E) Defences in Suits of Infringement, Injunctions &
related Remedies.
Select Bibliography –
• Cormish W. R. , Intellectual Property, Patents, Trade
Marks, Copy Rights & Allied Rights (1999). Asia
Law House, Hyderabad.
• Vikas Vasishth, Law & Practice of Intellectual
Property (1999). Bharat Law House, Delhi.
• Intellectual Property Rights & the Law – Dr. G B
Reddy.
• Intellectual Property Law – Anoopam Malik
• Intellectual Property Rights Law in India – T.
Ramappa
• Law of Intellectual Property – S R Myneni
• Law Relating to Intellectual Property Rights – Dr. M
K Bhandari
• A Textbook on Intellectual Property Rights – N K
Acharya
• Intellectual Property Law – Chakrawarthy
• Lectures on Intellectual Property Rights – Ravi
Shinde.
 1. INTRODUCTORY

• Meaning of Property –
• Property simply means a bundle of rights & that any
distribution of rights & privileges among persons
with respect to things can be dignified with the label
of property.
• Property is any physical or virtual entity that is owned
by an individual or jointly by a group of individuals.
• A thing or things belonging to someone.
• Traditional Principles of Property –
I) Control over the use of the property.
II) Right to take any benefit from the property.
III) Right to transfer or sell the property.
IV) Right to exclude others from the property.
• Kinds of Property –
• Generally, there are 3 kinds of Properties –
I) Movable Property – Eg. Wrist watch, car
II) Immovable Property – Eg. Land, house
III) Intellectual Property – Eg. Copyright, patent,
trademark etc.
• The movable & immovable property are also known
as “Corporeal or Tangible property”. These have
bodily existence. These can be seen or touched. These
can be sensed by any of the five physical senses.
 PROPERTY

Private Public

Tangible Intangible
Property Property

Movable Immovable Intellectual Right to

Securities
Property Property Property Reputation

Industrial Trade
Patent Copyright
Design Secrets
• Meaning of Intellectual Property –
• Only human beings have capacity to create property
by using their intellect.
• Thus any property created by human being can be
said to be ‘Intellectual Property’.
• In its broadest sense, all rights resulting from
intellectual activity in the industrial, scientific,
literary or artistic fields are Intellectual Property.
• Intellectual property law confers property rights on
intangibles.
• The essential characteristic of intellectual property is
the exclusive use of mind in its creation to the
exclusion of any assistance of material objects.
• Rightly, Property that is created by man making use
of nothing but his intellect.
• Eg. Literary work, designs, trade marks, patents etc.
• Definition of Intellectual Property –
• Intellectual property is a creation of a man’s intellect
without assistance from physical objects, consisting
of reproducible set of information such as musical,
literary, and artistic work; inventions, symbols,
names, images and designs used in commercial &
industrial field.
• Intellectual Property is that property which is
created by human intelligence or mental labour and is
mostly in intangible form even though it can be
converted into corporeal form.
• Prof. Niblett – Intellectual property is the most basic
form of property as a man uses nothing to produce it
other than his mind.
• Scope of Intellectual Property Rights –
• A/c to the definition in WIPO, intellectual property
shall include the rights relating to –
I) Literary, artistic & scientific works
II) Performances of performing artists, phonograms &
broadcasts
III) Inventions in all fields of human endeavor
IV) Scientific discoveries
V) Industrial designs
VI) Trademarks, service marks & commercial names &
designations
VII) Protection against unfair competition & all other
rights resulting from intellectual activity in the
industrial, scientific, literary or artistic fields.
• Nature / Characteristics / Ingredients / Salient
Features/Essentials of Intellectual Property –
• 1. Incorporeal Property –
• It is non-corporeal.
• It is not tangible.
• It can not be perceived by any of the senses.
• Its physical possession is not possible. One may
acquire possession of copyrighted/patented work but
that does not mean acquisition of copyright/patent in
the copy of the work.
• Eg. A person purchased a book. He may lawfully read
it, lent it, gift it or burn it but he can not translate it or
convert it into another form or make it’s cinematograph
film without lawful authority.
• Ownership of intellectual property is represented by
authorship of the work not by it’s possession.
• 2. It is Indestructible –
• Every conventional property is capable of destruction.
(Eg. Chair, tree)
• Intellectual property is intangible so it is indestructible.
The space occupied by it is beyond destruction.
• 3. Intellectual Property Rights are Negative –
• The owner of intellectual property has a right to
prevent all other persons from infringing his right in it
& all other persons are under a corresponding duty to
refrain from violating such rights.
• The object of intellectual property law is to prevent the
unauthorized use of intellectual property by persons
other than the owner.
• Eg. Trademark of a company.
• 4. Original Form of Property –
• A work to be called as an intellectual property must not
be copied or duplicated from the other work. It should
be the brainchild of its owner. The work may originate
from the same idea but it should be expressed in
different manner.
• Eg. Patent.
• 5. Rights in Intellectual Property for Limited
Duration –
• The intellectual property laws permit the exploitation
of intellectual property for limited duration.
• Unlike conventional property, the duration to exploit
intellectual property is specific.
• It is for to maintain balance between public & private
interest.
• Eg. Patent is granted for 20 years.
• 6. Rights in Intellectual Property are Qualified –
• The doctrine of eminent domain applies to intellectual
property.
• Eminent domain is the sovereign power vested in the
State to acquire private property for the public use. The
ultimate control over the intellectual property vests in
the State. In public interest, the State may acquire
intellectual property form its owner & restrict its
enjoyment.
• 7. It is Capable of Use by More Than One Person –
• Subject matter of intellectual property can be used by
number of persons at a time.
• A cinematograph or piece of music or literary work
may be enjoyed by many at a time.
• This feature is not available in conventional property.
• Eg. Use of a motorcycle.
• 8. Exploitation of Rights in Intellectual Property
Obligatory-
• Intellectual property laws ensure that the rights
granted under it shall be properly exploited by its
owner. It forces the owner to grant licenses for such
exploitation.
• Under certain circumstances, compulsory licenses are
granted by proper authorities in public interest &
emergencies.
• International Conventions such as Paris Convention,
TRIPS etc. speaks about granting of compulsory
licenses for exploitation of such rights.
• 9. Intellectual Property Laws Territorial in Application but
Regulated by International Conventions –
• Intellectual property laws are territorial statutes.
These are applicable within the country legislating it.
• These laws are regulated by International
Conventions such as WIPO, TRIPS etc. This is
because of the rapid progress in printing technology
& improvement in the means of communication
technology which led the subject matter of
intellectual property to be easily pirated. Ultimately, it
resulted into forcing the civilized nations to devise
means for regulating intellectual property laws at
international level.
• Competing Rationale of Legal Regime for
Protection of Intellectual Property –
• Every human effort which promote economic, social,
scientific & cultural development of society must be
encouraged.
• The creator must be suitably rewarded by affording
legal protection to his intellectual creation.
• Thus, the intellectual property rights are the legal
rights governing the use of creations by human
minds.
• The intellectual property law regulate the creation,
use & exploitation of mental or creative labour.
• The conventional property laws such as Transfer of
Property Act, Land Laws etc. are not sufficient to
protect the rights of the creator of intellectual
property. Hence special kind of law is needed that
guarantees sufficient protection to their creations.
Such laws are known as intellectual property laws.
• It is necessary to protect the intellectual property
because it is a powerful tool of economic growth
inspiring creativity & innovation, generating the
revenue, promoting investment, enhancing culture,
preventing brain-drain & nurturing overall economic
health. It affects virtually all aspects of economic &
cultural life. It has become an important component
of business transactions.
• Intellectual property is intangible in nature. It can not
be possessed & be taken in custody.
• It prevents third parties from violating the rights of
the copyright owner.
• This is a branch of law which protects some of the
finer manifestations of human achievement.
• For the protection of rights of owner, States have
enacted various laws on this subject.
• These laws afford reasonable protection to the owner
& prevent unjust encroachment over such rights of
the owner.
• The society as a whole gets benefitted by the
intellectual property & it stimulates further creativity
& competition in the public interest.
• Intellectual property law assures healthy competition
in two ways –
• I) It guarantees the holder IPRs monopoly over
commercial exploitation of his right for a certain
period &
• II) Infringement of his rights is met with stringent
penalty.
• Eg. Thomas Alwa Edison – Invention of Bulb.
• IPR should be protected with the help of special laws.
• Main Forms of Intellectual Property & Competing
Rationale For Protection Of Various Intellectual
Properties -
• Following are some of the main forms of Intellectual
Property –
A) Copyright
B) Trademarks
C) Patents
D) Designs
• A) Copyright –
• Copyright is exclusive right of multiplying,
commercially dealing with & making assignment of
the copies of the work recognized by law as subject
matter of copyright for a specified period.
• The subject matters of copyright are original creations
in literature, dramatic, musical & artistic works. It
also extends to computer programme, cinematograph
film & sound recording. ( The Copyright Act, 1957 ).
• The copyright subsists in any original work
mentioned above from the moment of its publication
during the lifetime of the author plus 60 years with
certain exceptions.
• Eg. Novel – author.
• B) Trademark –
• It is a mark or symbol or image or sign etc. by which
the goods of a trader or manufacturer or services of a
service provider are identified.
• A trade mark is a symbol which is applied or attached
to goods offered for sale in the market, so as to
distinguish them from the similar goods.
• Eg. B for Bajaj, R for Reliance etc. in unique shapes
& designs.
• The Trade Marks Act, 1999 protects the rights of a
registered trade mark owner & also prevents any
infringement of his related rights.
• C) Patent –
• A patent is a license given to the inventor to make
exclusive use of his invention.
• It is the protection assured by the State to use the
invention in monopoly.
• The invention may relate to a new product or an
improvement of an existing product or a new process
of manufacturing new products.
• The rights in patent may be exploited by the patentee
himself or he may assign or grant licenses in this
regard.
• The Patent Act, 1970 governs the law relating to
patents in India.
• D) Designs –
• A design is some shape, configuration, pattern or
ornamentation or composition of lines or colours
applied to an article in any form by any industrial
process or means.
• A registered design can be exploited by assigning or
licensing the rights to others capable of exploiting it
on a royalty or lump sum basis.
• The law relating to designs is governed by the
Designs Act, 2000.
• The registered owner of design has copyright in
design registered for 10 years. Acquisition of
copyright means that such owner is empowered to
restrain the use of design by others.
Idea + Expression = Copyright
Idea + Innovation +
Invention = Patent
Idea + Quality +
Identity = Trademark
Idea + Appearance
= Design
• Object of Intellectual Property Law –
• The object of Intellectual Property Law is twofold –
I) It protects the moral & economic rights & rights to
reputation of creators & the rights of the public in
access to those creations.
II) It promotes creativity & the dissemination &
application of its results & encourages fair trading
thereby contributing to economic & social
development.
• Kinds of Intellectual Property –
• I) Copyright
• II) Industrial Property –
A) Patents
B) Industrial Designs
C) TM & GI
D) Trade Secrets
E) Plant Varieties
F) Layout Designs/ Integrated Circuits.
 Classification of Intellectual Property
Intellectual Property

Industrial Property Literary Property

Patents Trade Industrial Layout Neighbouring

marks Designs Designs Copyright
Rights

Product Process Performer’s Broadcasting

Patent Patent Rights Rights
• Some Important Concepts –
• I) Industrial Property –
• Industrial property is sometimes generally
misunderstood as denoting movable or immovable
property used for industrial production.
• However, it is a kind of intellectual property that
relates to creations of human mind such as inventions
& industrial designs.
• Inventions are the new solutions to technical
problems. Whereas industrial designs are aesthetic
creations determining the characteristics of industrial
products.
• Additionally, industrial property includes trademarks,
design marks, service marks, commercial names &
designations & the protection against unfair
competition.
• The object of industrial property consists of signs
transmitting information to consumers regarding
products & services offered in the market . It also
includes the protection against unauthorized use of
such signs which is likely to misled consumers &
misleading practices in general.
• According to Paris Convention, the protection of
industrial property has as its object –
I) patents
II) utility models
III) industrial designs
IV) trade mark
V) service mark
VI) trade names
VII) indications of source or
VIII) appellations of origin &
IX) the repression of unfair competition.
• II) Industrial Designs –
• Industrial design is the ornamental or aesthetic aspect
of a useful article.
• The ornamental aspect may consist of the shape
and/or pattern and/or colour of the article.
• The ornamental aspect may appeal to the sense of the
sight.
• The article must be reproducible by industrial means.
If this element is missing, the creation will be art, the
protection of which is assured by the copyright law
rather than by a law of industrial property.
• The industrial design is protected only if it is original
& new.
• It is generally protected against unauthorized copying
or imitation. The protection is generally for 5,10 or
15 years depending upon its nature. The document
that certifies the protection of an industrial design is
called a Registration Certificate or a Patent.
• With the development in the field of design art, the
consumers have become more & more interested in
the combination of utility & pleasing aesthetic
appearance in the articles they buy. It results in an
increasing investment by manufacturers in design
development & in a corresponding necessity to
protect the result of their creative work through the
registration of the relevant designs.
• III) Trade Secrets –
• Trade secret means an information having commercial
value, which is not in public domain, and for which
reasonable steps have been taken to maintain secrecy.
• It is an undisclosed information by any company, unit,
industry etc.
• An information to be called as trade secret, it must
satisfy three essential conditions namely-
A) Such information must be secret i.e. it must not be
generally known or readily accessible to the persons
who generally deals within related work.
B) The information must have commercial value. &
C) The information must be subject of reasonable
steps by its owners to keep it secret.
• Trade secret may include a formula, pattern,
compilation, device, method, technique or process, data
or information relating to a work in industry.
• Trade secret plays a major role in protecting
innovations & establishing rights to use new
technology.
• In India, there is no enactment or policy framework for
the protection of trade secrets. Indian courts used the
provisions of other laws to deal with this new aspect.
• These laws are –
I) Copyright Act, 1957
II) IPC
III) CrPC
IV) Designs Act, 2000
V) The Information & Technology Act, 2000 etc.
COPYRIGHT PATENTS DESIGNS TRADEMARKS
1. RIGHT TO COPY 1. MONOPOLY 1. THE FEATURE OF 1. A MARK
& REPRODUCE THE GRANTED BY SHAPE, CAPABLE OF
WORK ACQUIRED STATE TO CONFIGURATION, BEING
BY ITS CREATOR INVENTOR TO PATTERN, REPRESENTED
BY REASON OF ITS EXPLOIT HIS ORNAMENTOR GRAPHICALLY &
CREATION. INVENTION FOR A COMPOSITION OF MAY INCLUDE
FIXED DURATION. COLOURS APPLIED SHAPE OF GOODS,
TO ANY ARTICLE THEIR PACKAGING
BY ANY & COMBINATION
INDUSTRIAL OF COLOURS.
PROCESS OR
MEANS,
MANNUAL,
MECHANICAL OR
CHEMICAL.
2. IT EXISTS IN 2. IT PROTECTS 2. IT PROTECTS 2. IT PROTECTS A
ORIGINAL IDEAS EXPRESSED NOVEL DESIGNS WORD, NAME,
LITERARY, AS AN INVENTION APPLIED TO SYMBOL OR
DRAMATIC, WHICH ARE NEW, PARTICULAR DRAWING TO
MUSICAL, ORIGINAL, NOVEL, ARTICLES TO BE DISTINGUISH
ARTISTIC WORKS, NON-OBVIOUS & MANUFACTURED GOODS &
CINEMATOGRAPH INDUSTRIALLY & MARKETED SERVICES FROM
FILMS & SOUND APPLICABLE. COMMERCIALLY. THOSE OF OTHERS.
RECORDING
COPYRIGHT PATENTS DESIGNS TRADEMARKS

3. SUBSITS FOR 3. SUBSISTS 3. AT THE FIRST 3. 10 YEARS

LONGEST FOR 20 INSTANCE FOR FIXED
DURATION BY THE YEARS. 10 YEARS & DURATION
LAW. EXTENDABLE PRESCRIBED &
BY ANOTHER 5 SHALL BE
YEARS. RENEWED AT
FIXED
INTERVALS.
4. HAS HIGHEST 4. HAS 4. HAS ONLY 4. HAS
ENTERTAINMENT INDUSTRIA AESTHETIC COMMERCIAL
VALUE. L VALUE. APPLICATION &
APPLICATI BENEFITS ONLY
ON & TO OWNER OF
BENEFITS TRADE MARK.
TO LARGER
NO. OF
PEOPLES.
5. REGISTRATION 5. 5. 5.
NOT REQUIRED. REGISTRAT REGISTRATION REGISTRATION
ION ESSENTIAL TO IS ESSENTIAL TO
ESSENTIAL CLAIM CLAIM
FOR PROTECTION PROTECTION
CLAIMING UNDER DESIGNS UNDER
RELIEF ACT. TRADEMARK
AGAINST LAW
INFRINGEM
ENT UNDER
PATENT
ACT.
COPYRIGHT PATENTS DESIGNS TRADEMARKS

6. REPRESENTED IN 6. REFLECTS IN 6. VISUALLY 6. VISUALLY

BOTH AUDIO & THE WORKING REPRESENTED. REPRESENTED.
VISUAL MEDIUM. INVENTIONS.

7. PRIMARY OBJECT 7. TO PROTECT 7. TO PROTECT 7. TO DISTINGUISH

IS TO PROTECT THE RIGHTS OF INDUSTRIAL PARTICULAR
FRUITS OF LABOUR PATENTEE TO GAIN DESIGNS TO GOODS OR
OF COPYRIGHT COMMERCIAL PROMOTE DESIGN SERVICES FROM
OWNER. ADVANTAGE OF ACTIVITY TO THOSE OF
HIS WORK. ENCOURAGE THE ANOTHER & TO
ELEMENT IN AN PROTECT ITS
ARTICLE OF OWNER.
PRODUCTION.
8. COPYRIGHT ACT 8. CONTROLLER IS 8. NO PROVISION 8. NO PROVISION
PROVIDES FOR EMPOWERED TO FOR GRANT OF IN THIS REGARD.
GRANT OF REVOKE PATENT & COMPULSORY
COMPULSORY GRANT IT TO LICENCE OR
LISCENCE IN PERSON CAPBLE COMPELLING
LARGER PUBLIC OF IT’S PROPER PUBLICATION OR
INTEREST. WORKING USE OF DESIGNS.
9. IT IS A BUNDLE 9. IT IS A RIGHT TO 9. IT IS LIMITED TO 9. HONEST &
OF RIGHTS THAT PREVENT OTHERS RESTRAIN OTHERS CONCURRENT
CAN BE EXPLOITED FOR MAKING USE FROM USING THE USER OF TRADE
SEPARATELY OF OF INVENTION. REGISTERED MARK IS
EACH OTHER. DESIGN. PROTECTED.
• Importance of Intellectual Property –
• 1. Creativity & Innovation –
• The law encourages the inventors & creators to invent
or create new things. It offers protection to such
owners. It also prohibits any kind of unfair
encroachment over the rights of the owner. If
encroachment is committed law affords protection. The
law protects the reputation & honour of such authors or
patentees. This gives feeling of safety in the minds of
the authors or patentees.
• 2. Generation of Revenue –
• Additional revenue is generated by offering the
developed products to consumer. The money remains
in circulation. The market remains alive. It certainly
create revenue.
• 3. Investment –
• Industrialists & manufacturers invest in countries
where the monopoly rights granted under the laws are
strictly enforced. The foreign investors are attracted to
invest in such countries where the laws are strictly
enforced & adequate protection is given to their work.
• 4. Enrichment of Culture –
• Due to protection given by intellectual property laws,
high quality work in literary, dramatic, musical, artistic,
musical, cinematograph films & sound recording fields
is created. This in terms enrich the culture of country.
• 5. Discourages Brain-drain –
• Migration of scholars from one country to another is
called as brain- drain. If the laws provide adequate
protection to the authors of such work, the brain –drain
of such peoples may be stopped.
 Leading International Instruments
Concerning IPR

1.Berne Convention,
2.Universal Copyright Convention,
3. Paris Union
4. TRIPS
5. WIPO &
6. UNESCO
• 1. Berne Convention –
• The Berne Convention is one of the most important
Convention in the field of copyright.
• It deals with the protection of works & the rights of
their authors.
• An International Union for Protection of Literary &
Artistic Works was established in 1886 at Berne,
Switzerland.
• It started functioning on 5th Dec. 1887.
• More than 177 States have signed this Convention.
• It has 38 Articles. It covers wide range of subjects
dealing with literary & artistic works.
• It has three basic principles & contains certain provisions.
These three basic principles are –
• I) Principle of National Treatment - Works created in one
member country should be given equal protection in the
other member country.
• II) Principle of Automatic Protection – Protection must be
given on fulfilling certain conditions in any member country.
• III) Principle of Independence of Protection –
• - If the protection is for longer term than the Convention &
origin State, the contracting State may stop providing the
protection to the said work.
• This Convention recognized certain rights such as the right
to translate, to perform in public, right to communicate in
public, right to broadcast, right to make adaptations &
arrangements, & certain moral rights.
• India is a signatory of the Berne Convention since 1928.
• 2. Universal Copyright Convention (UCC)-
• The Universal Copyright Convention (UCC) was
signed & entered into force on Sept. 6, 1952 at
Geneva. It was developed as an alternative to Berne
Convention. It was entered into by the countries like
USA, Soviet Union & China as they did not join the
Berne Convention to allow these countries to
participate in international agreement.
• The UCC is administered by the UNESCO of the
UNO.
• The basis of the UCC is the National Treatment &
also the requirement of maintenance of specific
minimum legal standards by each contracting State.
• The contracting States are under an obligation to
provide adequate & effective protection of the rights of
authors & other copyright proprietors.
• It has 21 Articles & certain Protocols.
• The protection given for the published as well as the
unpublished works.
• The UCC was revised in Paris in 1971. It contains
special provisions for developing countries to obtain
compulsory licenses under certain conditions to
translate copyrighted works for teaching, scholarship &
research purposes. It protects economic rights of the
authors effectively.
• It also recognized granting of copyright for a minimum
term of 25 years from publication or life of author plus
25 years.
• India is a member of the UCC since 1958.
• 3. Paris Union –
• Paris Convention is the first, oldest & most important
Convention relating to Industrial Property.
• It was concluded on 20th March, 1883 in Paris &
revised in 1967 in Stockholm.
• It is important because it evolved a concept of Union.
All the countries which signed it constituted a Union
for the protection of industrial property.
• There are 30 Articles in the Convention dealing with
various aspects of industrial property like utility
models, patents, designs, trademarks, trade names,
false indications & the protection thereof. It also
provides for the establishment of Administrative
Organs, like the Union, the Assembly, the Executive
Committee & the International Bureau.
• The Union has 3 Administrative Organs the
Assembly, the Executive Committee & the
International Bureau of WIPO.
• The Assembly which consists of all the member
countries is the Chief Governing Assembly,
comparatively, the Executive body of the Union is
smaller & is elected from the General Assembly. The
International Bureau of WIPO carries out the
administrative tasks of the Union.
• The Paris Convention is based on three guiding principles-
• I) National Treatment –
• It requires that every member State should grant the same
protection to nationals of other member states as it grants to
its own nationals.
• II) Right of Priority –
• It confers on any member of the Union which has filed an
application for patent in its own State, a grace period of one
year to file in other member countries.
• III) Uniform Rules –
• Though the industrial property laws are domestic legislation,
a set of uniform laws relating to industrial property has
been provided by the union. These laws must be followed by
the member states.
• There are 173 nations which are its members. India became
it’s member in 1998.
• 4. TRIPS –
• It is the Agreement on Trade Related Aspects of
Intellectual Property Rights. (TRIPS)
• In 1986, an Accord called as “Final Act” was signed
by the members of the GATT. TRIPS being one of
such agreements & the other being formation of
WTO.
• With the growth in the industrial sector, there was a
necessity of establishment of world-body to regulate
world-trade was increased.
• The relative efforts by the nations resulted into
formation of World Trade Organization (WTO)
replacing GATT.
The agreement establishing WTO was concluded at
Marrakesh (Morocco) on April 15, 1994 & it came
into force on January 1, 1995.
TRIPS was negotiated at the end of the Uruguay
Round of the General Agreement on Tariffs & Trade
(GATT) in 1994 & is administered by WTO.
Another reason for conclusion of TRIPS is the
exploitation of commercial benefits of the developed
countries by the developing countries.
Objects of TRIPS -
I)To promote adequate protection of intellectual
property rights.
II)To resolve disputes on trade related intellectual
property issues.
III) To establish mutually supportive relationship
between WTO & WIPO.
IV)To create public awareness about the economic,
social & cultural benefits of IPRs among all the
sections of society.
IV) To stimulate the generation of IPRs.
V) To have strong & effective IPR laws, which
balance the interests of rights owners with larger
public interest.
VI) To strengthen the enforcement & adjudicatory
mechanisms for combating IPR infringements.
VII) To strengthen & expand human resources,
institutions & capacities for teaching, training,
research & skill building in IPRs.
- The main object of the TRIPS is to provide
standards relating to the availability, scope & use of
IPR such as copyright, trademark, geographical
indications, patents, industrial designs etc.
- The basic principles of TRIPS are national
treatment (giving others the same treatment as
one’s own nationals) & most favored nation
treatment (non- discrimination).
- It is divided into 7 Parts & 73 Articles.
- It has 162 member parties. India is also its
signatory (1995).
• 5. WIPO (World Intellectual Property
Organization) –
• WIPO is the most important international
organization for the promotion of intellectual property
at global level.
• The Convention establishing the WIPO was signed at
Stockholm on July 14, 1967.
• It has 191 member States currently. India joined
WIPO in 1975.
• Its headquarter is located at Geneva. It is a
specialized body of UNO & also acts as a
complimentary body with WTO for the promotion &
protection of IPRs.
• Objectives of WIPO -
• I) To promote the protection of intellectual property
throughout the world through co-operation among the
states.
• II) To ensure administrative co-operation among the
unions.
• The membership is open to any State which is a
member of any of the Unions. Even a State not
member of the Unions can join, if it is a member of
the UNO.
Functions of the WIPO –
• I) To promote development measures for protection of
IPRs at global level & to harmonize the national
legislations in this field.
• II) To perform the administrative tasks of the Paris
Union & the Berne Union.
• III) To encourage the international agreements for the
protection of IP laws.
• IV) To provide legal assistance to the states in the field
of IP.
• V) To assemble & disseminate information relating to
IP & to carry out & promote studies in this field and
publish the results of this studies. &
• VI) To maintain relative services, registration &
publication of the data concerning the registrations etc.
• Functioning of WIPO (4 Organs) –
• I) General Assembly –
• It consists of the member States of the Convention
establishing WIPO which are the members of the
Unions.
• II)Conference –
• It consists of the States party to the Convention,
whether or not they are members of any of the
Unions.
• III) Co-ordination Committee –
• It consists of the States party to the Convention which
are the members of the Executive Committee of the
Paris Union or the Berne Union or both.
• IV) International Bureau –
• It is the Secretariat of the Organization. It has Director
General with two or more Deputy Directors General.
The Director General is the Chief Executive of the
WIPO & he is appointed for a fixed term which is not
less than 6 years. The DG represents the Organization,
reports to & confirms to the instructions of the General
Assembly as to internal & external affairs of the
organization.