|| Jai Sri Gurudev||

Sri Adichunchanagiri Shikshana Trust (R)

SJB INSTITUTE OF TECHNOLOGY

(Autonomous Institution Affiliated to Visvesvaraya Technological University, Belagavi by NAAC with ‘A+’ grade Certified by ISO 9001-2015, 2(f) and 12(B) recognized by
UGC, New Delhi.)
No. 67, BGS Health & Education City, Dr. Vishnuvardhan Road Kengeri, Bengaluru – 560 060

Subject:
RESEARCH METHODOLOGY & INTELLECTUAL PROPERTY
RIGHTS (21RMI56)
By
Dr. Pavitra Bai S
For
V Sem
Department of Information Science & Engineering
Aca. Year: ODD SEM /2023-24
 Module 3

Introduction to Intellectual Property

Role of IP in the Economic and Cultural Development of the
Society
IP Governance
IP as a Global Indicator of Innovation
Origin of IP History of IP in India
Major Amendments
Dr.Pavitra in IP Laws and Acts in India.
Bai S, Dept. of ISE, SJBIT
 INTRODUCTION TO INTELLECTUAL
PROPERTY
 Intellectual Property (IP) is a special category of property created
by human intellect (mind) in the fields of arts, literature, science,
trade, etc.
 IP is a novel creation of the mind, it is intangible (i.e. invisible and
indivisible) in nature and differs from the tangible property, such as
land, house, gold and car with which we are quite familiar.
 Intellectual Property Rights (IPR) are the privileges accorded to the
creator/inventor (of IP) in conformance(standards) with the laws.
 These rights are given to the creator/inventor in exchange for
revealing the process of creation/invention in the public domain.
 The inventor is given with the special rights to use, sell, distribute,
offering for sale and restricting others from using the invention
without his prior permission.
Dr.Pavitra Bai S, Dept. of ISE, SJBIT
INTRODUCTION TO INTELLECTUAL
PROPERTY

Dr.Pavitra Bai S, Dept. of ISE, SJBIT

 Copyrights and Related Rights
and
Industrial Property Rights
Broadly, IP comprises of two branches
1. Copyrights and Related Rights
2. Industrial Property Rights.
Copyrights and Related Rights‘ refer to the creative
expressions in the fields of literature and art, such as books,
publications, architecture, music, wood/stone carvings,
pictures, portrays, sculptures, films and computer-based
software's/databases.
The Industrial Property Rights‘ refer to the Patents,
Trademarks, Trade Services, Industrial Designs and
Geographical Indications.
Dr.Pavitra Bai S, Dept. of ISE, SJBIT
 1.1. Role of IP in the Economic and Cultural Development
 Creativity being the keystone of the Society no civilized society can afford
of progress,
to ignore the basic requirement of encouraging the same.
 The economic and social development of a society is largely dependent on
creativity.
 The protection provided by the IPR to the creators/innovators is in fact an
act of incentivization for encouraging them to create more and motivates
others to create new and novel things.
 IPR is practiced rigidly, it may have a negative impact on the progress of
society.
 For example, compliance with the Trade-Related Aspects of Intellectual
Property Rights (TRIPS) Agreement has affected the farming community
as they are unable to store seeds for the next crop.
 Multinational companies regulate the price of seeds, which is generally
Dr.Pavitra Bai S, Dept. of ISE, SJBIT
beyond the reach of a majority of the farmers.
 1.2. IP Governance
 IP is an integral component of human society, each and every
nation has dedicated agencies for laying out the guidelines,
implementation and enforcement of IP related matters.
In India, many organizations/agencies deal with various aspects of
IP. The governance of all categories of IP, except the Plant Variety
and Farmers‘ Rights Act, is carried out by the Department for
Promotion of Industry & Internal Trade (DPIIT) under the support
of Ministry of Commerce and Industry, GoI (Government of
India).
There are a few other dedicated organizations/departments
established by the government to promote patent-ecosystem (patent
awareness, patent filing and patent commercialization) in India e.g.
Technology Information Forecasting and Assessment Council
(TIFAC), National Research Development Corporation (NRDC)
and Cell for IPR Promotion
Dr.Pavitra and Management
Bai S, Dept. of ISE, SJBIT (CIPAM), etc.
 World Intellectual Property
Organization (WIPO)
Creates a hassle-free exchange of IP related activities
amongst all the nations, it is imperative to have minimum
standards of rules and regulations pertaining to all aspects of
IP including rights, empowerment, exceptions, etc.
The United Nations (UN) has established an organization
called the World Intellectual Property Organization (WIPO).
This agency is at the forefront of imparting knowledge about
IP and governs international filing and registration of IP
through various Conventions and Treaties like Paris
Conventions, Patent Cooperation Treaty (PCT), Rome
Convention, Berne Convention, etc.

Dr.Pavitra Bai S, Dept. of ISE, SJBIT

 1.3. IP as a Global Indicator of Innovation
IP, especially patents, is considered as one of the important cogs
(Cost of Goods Sold) in assessing the innovation index of a
nation.
The global ranking organizations always have IP or a subset of
IP as one of the parameters for understanding and grading the
Science, Technology and Innovation (STI) ecosystem of a
nation.
For example, the Scimago 2020 report ranked India at 4th
position in the parameter of a number of Research Publications,
and 50th position in the parameter of Intellectual Property
Rights.
Scimago - Publically available online portal which ranks
journals and countries based
Dr.Pavitra onDept.
Bai S, the data
of ISE, taken from Scopus
SJBIT
 1.4. Origin of IP

Though there is no official record of the origin of IP, it is

believed that a rudimentary(Basic) form of IP was being
practiced around 500 Before the Common Era (BCE) in
Sybaris, a state of Greece.
The natives of Sybaris were granted a year‘s protection for
using their intellect to create ―any new improvement in
luxury.

Dr.Pavitra Bai S, Dept. of ISE, SJBIT

 1.5. History of IP in India

1.5.1. Patents
The history of the Indian patent system dates back to the
pre independence era of British rule.
The first patent related legislation in India was Act VI of
1856, adapted from the British Patent Law of 1852.
The objective of this legislation was to encourage the
inventions of new and useful manufactures.

Dr.Pavitra Bai S, Dept. of ISE, SJBIT

 Patent Rules, 2003
 The major amendments were:
1. The protection term of 20 years for all inventions from the date
of filing.
2. Scope of non-patentable inventions including Traditional
Knowledge expanded.
3. Disclosure of source and geographical origin of biological
material made compulsory.
4. Provisions concerning convention countries simplified.
5. Establishment of Appellate Board.
6. Compulsory license provisions strengthened.
7. Simplification of procedures.
8. Harmonization with Patent Cooperation Treaty (PCT)
provisions. Dr.Pavitra Bai S, Dept. of ISE, SJBIT
 Patents (Amendments) Act 2005
1. Product patent for inventions in all fields of technology.
2. New forms of known substances excluded to prevent
evergreening of the patent.
3. Rationalization of the opposition procedure.
4. Introduction of pre-grant opposition by representation.
5. Introduction of post-grant opposition.
6. Compulsory license for export purposes.
7. Compulsory license for manufacture.
8. Extension of grace period from 6 months to 12 months for
filing a patent, if published in government exhibition.

Dr.Pavitra Bai S, Dept. of ISE, SJBIT

 1.5.2. Copyrights and Related Rights
The concept of copyrights started way back in the 15th century.
The actual need for copyrights law was felt only after the invention
of printers and copiers.
Before the invention of printers, writing could be created only
once.
 It was highly laborious, and the risk of errors was involved in the
manual process of copying by a scribe.
During the 15th and 16th centuries, printing was invented and
widely established in Europe.
Copies of Bibles were the first to be printed. The government had
allowed the printing of the documents without any restrictions, but
this led to the spreading of a lot of governmental information.
Subsequently, the government started issuing licenses for printing.
Dr.Pavitra Bai S, Dept. of ISE, SJBIT
 1.5.3. Trademarks
The first statutory law related to Trademarks (TM) in India was
the Trademarks Act, 1940, which was carved out from the
Trademarks Act, 1938 of the UK.
It was followed by the incorporation of provisions of TM stated
in the Indian Penal Code, Criminal Procedure Code and the Sea
Customs Act. Later on, Trademarks Act, 1940 was rechristened
as Trade and Merchandise Marks Act, 1958.
Nearly four decades later, this Act was repealed by the
TradeMarks Act, 1999.
The need for this occurred to comply with the provisions of the
TRIPS. It is the current governing law related to registered TM.
TRIPS — Trade-Related Aspects of Intellectual Property Rights.
Dr.Pavitra Bai S, Dept. of ISE, SJBIT
 1.5.4. Geographical Indications

India, as a member of WTO, enacted the Geographical

Indications of Goods (Registration and Protection) Act,
1999.
It came into force with effect from 15th September 2003.
Geographical Indicators have been defined under Article 22
(1) of the WTO Agreement on TRIPS.
World Trade Organization (WTO)
A geographical indication (GI) is a distinctive sign used to
identify a product whose quality, reputation or other such
characteristics relate to its geographical origin.

Dr.Pavitra Bai S, Dept. of ISE, SJBIT

 1.5.5. Trade Secrets

Although India has no specific Trade Secrets Laws,

Indian courts have upheld Trade Secrets protection
under various statutes, including contract law, Copyright
law, the principles of equity and the common law action
of breach of confidence.

Dr.Pavitra Bai S, Dept. of ISE, SJBIT

 1.5.6. Semiconductor Integrated Circuits and Layout Designs
 In the 21st century, Information Technology (IT) has
revolutionized the economic and societal growth of the world
economy.
 The rapid and tremendous scientific advancements in the field of IT
resulted in the creation of a new class of IP called the Layout-
Design of the Semiconductor Integrated Circuits.
 Various organizations, including WTO and TRIPS Agreement laid
down rules and regulations regarding the protection of
Semiconductor Integrated Circuits and Layout Designs (SICLD)
India being a member of the WTO also passed an Act called the
SICLD Act, 2000.
 This Act is TRIPS compliant and fulfils the conditions of the TRIPS
agreement (Articles. 35 to 38) concerning the protection of SICLD.

Dr.Pavitra Bai S, Dept. of ISE, SJBIT

 1.5.7. Plant Varieties
Till 1970s, not much emphasis was laid on patentable matter
originating from animals and plants.
microbes and microbial products/processes were patentable.
To include all kinds of biological materials under the ambit
of patent laws, a decision to enact a new sui generis law
under the International Convention for the Protection of
New Varieties of Plants (UPOV, 1978) and UPOV, 1991 was
taken.
These decisions were taken to address environmental and
public interest concerns.

Dr.Pavitra Bai S, Dept. of ISE, SJBIT

 1.5.8. Traditional Knowledge
It is the ancient and originating knowledge held by any
community or a group of people.
 In olden times it was not recorded anywhere and was available
only in oral form. So, Traditional Knowledge (TK) was verbally
passed on to future generations.
TK is not limited to a particular field. It covers a wide area, such
as the use of plants or their extracts for medical treatments, a
traditional form of dance, particular techniques used for hunting,
craft knowledge/skills and so on.
Previously, there was no mechanism available to protect TK, but
now, it has been recognized as IPR under TRIPS Agreement.
The Government of India has created a digital library termed as
Traditional Knowledge Digital Library (TKDL) as a repository of
2,50,000 formulations of various systems of Indian medicine.
Dr.Pavitra Bai S, Dept. of ISE, SJBIT
 1.5.9. Industrial Designs

A design is a creation of the human mind, which is appealing

to the eyes and attracts the attention of the viewers.
The need to protect Industrial Designs (ID) was recognized in
the 18th century and the Indian legislation enacted the
Patterns and Designs Act in 1872 for the first time.
The Act was enacted to protect the rights over the creation of
the designs and novel patterns by the inventors.
The Act was replaced by the British Patents and Designs Act
in 1907, which later became the basis for the Indian Patents
and Designs Act, 1911.
In the year 2000, a dedicated Act for the ID was passed,
which came into force in 2001.
Dr.Pavitra Bai S, Dept. of ISE, SJBIT
 1.5.10. Biodiversity Conservation
 Biodiversity is an inseparable part of human livelihood.
 The mention of protecting biodiversity can be found in the times of
Chandragupta and Ashoka.
 In those eras, the trees and forest were classified, such as reserved
category.
 In 1927 the Indian Forest Act and later on the Wildlife Protection Act,
1972 was enacted to provide legal protection to biodiversity.
 In 1988, the National Forest Policy‘ was passed, which brought
revolutionary changes in the conservation and management of biodiversity.
 India include Mining and Mineral Development Regulation Act, 1957;
 Water (prevention and control of pollution) Act, 1974;
 Forest Conservation Act, 1980; Biological Diversity Act, 2002;
 Scheduled Tribes and other Traditional Forest Dwellers (recognition of
rights) Act, 2006;
 National Biodiversity Action Plan, 2009;
 National Environment Policy, 2006 and a few more.
Dr.Pavitra Bai S, Dept. of ISE, SJBIT
 1.6. Major Amendments in IP Laws and Acts in India
In order to fill the gaps existing in the IP Laws and Acts
and also to introduce new guidelines/directions based on
the current scenario (socially and politically), each nation
keeps on updating the concerned IP Laws and Acts.

Dr.Pavitra Bai S, Dept. of ISE, SJBIT

Dr.Pavitra Bai S, Dept. of ISE, SJBIT
Dr.Pavitra Bai S, Dept. of ISE, SJBIT
Dr.Pavitra Bai S, Dept. of ISE, SJBIT
Dr.Pavitra Bai S, Dept. of ISE, SJBIT
Dr.Pavitra Bai S, Dept. of ISE, SJBIT
Dr.Pavitra Bai S, Dept. of ISE, SJBIT
Dr.Pavitra Bai S, Dept. of ISE, SJBIT
 References/Bibliography
Intellectual Property A Primer for Academia by Prof.
Rupinder Tewari Ms. Mamta Bhardwa

Dr.Pavitra Bai S, Dept. of ISE, SJBIT