Textbook: Intellectual Property Law | Legal Studies for Class 12 - Humanities/Arts PDF Download

 Page 1


80
Intellectual Property Law
Learning Outcomes
Students will be able to:
•	 Explain	the	natur e	and	meaning	of	Intellectual	P roper ty
•	 Explain	the	meaning	of	Intellectual	P roper ty	Rights
•	 Explain	the	impor tance	of	inter national	conventions	on	Intellectual	P roper ty	Rights
•	 Recall	the	historical	perspective	of	Intellectual	P roper ty	
•	 Analyse	 the	 impor tance	 of	 differ ent	 types	 of	 Intellectual	 P roper ty	 Rights	 and	 its	 impor tance	 in	
the	commer cial	world	
•	 Appr eciate	the	rights	granted	to	the	holder	of	intellectual	proper ty	rights
I. Meaning of Intellectual Property
Intellectual	 proper ty	 is	 an	 intangible	 proper ty	 that	 comes	 into	 e xistence	 through	 human	 intellect.	 It	
r efers	 to	 the	 cr eation	 of	 the	 mind	 or	 products	 of	 human	 intellect	 such	 as	 inventions,	 designs,	 ar tistic	
work,	names,	symbols,	images	etc.	
II. Intellectual Property Rights
The	 ter m	 “Intellectual	 P roper ty	 Rights”	 (IPR)	 r efers	 to	 the	 bundle	 of	 rights	 confer r ed	 by	 law	 on	 a	
cr eator/owner	 of	 intellectual	 proper ty .	 These	 rights	 ar e	 the	 rights	 given	 to	 persons	 over	 the	 cr eations	
of	 their	 minds.	 They	 usually	 give	 the	 cr eator	 an	 e xclusive	 right	 over	 the	 use	 of	 his/her	 cr eation	 for	 a	
cer tain	period	of	time.
They	 seek	 to	 protect	 the	 inter ests	 of	 the	 cr eators	 by	 r ewarding	 their	 mental	 labour	 and	 allowing	 them	
to	 r etain	 proper ty	 rights	 over	 their	 cr eations.	 The	 cr eators/	 inventors	 ar e	 thus	 allowed	 to	 benefit	 from	
their	cr eations.	
The	 main	 r eason	 for	 granti ng	 these	 rights	 is	 to	 encou rage	 inventions	 and	 cr eations	 that	 promote	
social,	economic,	scientific	and	cultural	development	of	society .	
Intellectual	proper ty	is	divided	into	two	categories:	
CHAPTER
3(D)
Page 2


80
Intellectual Property Law
Learning Outcomes
Students will be able to:
•	 Explain	the	natur e	and	meaning	of	Intellectual	P roper ty
•	 Explain	the	meaning	of	Intellectual	P roper ty	Rights
•	 Explain	the	impor tance	of	inter national	conventions	on	Intellectual	P roper ty	Rights
•	 Recall	the	historical	perspective	of	Intellectual	P roper ty	
•	 Analyse	 the	 impor tance	 of	 differ ent	 types	 of	 Intellectual	 P roper ty	 Rights	 and	 its	 impor tance	 in	
the	commer cial	world	
•	 Appr eciate	the	rights	granted	to	the	holder	of	intellectual	proper ty	rights
I. Meaning of Intellectual Property
Intellectual	 proper ty	 is	 an	 intangible	 proper ty	 that	 comes	 into	 e xistence	 through	 human	 intellect.	 It	
r efers	 to	 the	 cr eation	 of	 the	 mind	 or	 products	 of	 human	 intellect	 such	 as	 inventions,	 designs,	 ar tistic	
work,	names,	symbols,	images	etc.	
II. Intellectual Property Rights
The	 ter m	 “Intellectual	 P roper ty	 Rights”	 (IPR)	 r efers	 to	 the	 bundle	 of	 rights	 confer r ed	 by	 law	 on	 a	
cr eator/owner	 of	 intellectual	 proper ty .	 These	 rights	 ar e	 the	 rights	 given	 to	 persons	 over	 the	 cr eations	
of	 their	 minds.	 They	 usually	 give	 the	 cr eator	 an	 e xclusive	 right	 over	 the	 use	 of	 his/her	 cr eation	 for	 a	
cer tain	period	of	time.
They	 seek	 to	 protect	 the	 inter ests	 of	 the	 cr eators	 by	 r ewarding	 their	 mental	 labour	 and	 allowing	 them	
to	 r etain	 proper ty	 rights	 over	 their	 cr eations.	 The	 cr eators/	 inventors	 ar e	 thus	 allowed	 to	 benefit	 from	
their	cr eations.	
The	 main	 r eason	 for	 granti ng	 these	 rights	 is	 to	 encou rage	 inventions	 and	 cr eations	 that	 promote	
social,	economic,	scientific	and	cultural	development	of	society .	
Intellectual	proper ty	is	divided	into	two	categories:	
CHAPTER
3(D)
1. Industrial property - 	 this	 includes	 inventions	 (patents),	 trademarks,	 industri al	 designs,	 and	
geographic	indications	of	sour ce;	and	
2. Copyright - 	 this	 includes	 literar y	 and	 ar tistic	 works	 such	 as	 novels ,	 poems	 and	 plays,	 films,	
musical	 works,	 ar tistic	 works	 such	 as	 drawings,	 paintings,	 photographs	 and	 sculptur es,	 and	
ar chitectural	designs.
III. What are the international obligations that have shaped 
Indian IPR?
Treaty Year Principles and Objectives
The	P aris	
Convention	for	
the	P rotection	
of	Industrial	
P roper ties
The	P aris	Convention	was	
adopted	on	20 March, 1883 
in 	P aris	and	was	enfor ced	on	
7 July, 1884.
1. National Treatment
In	 the	 conte xt	 of	 legal	 protection	 for	 industrial	
proper ty ,	 the	 principle	 of	 National	 T r eatment	
r equir es	 each	 member	 countr y	 of	 the	 P aris	
Convention	 to	 provide	 equal	 legal	 protection	
for	 the	 inventions	 of	 nationals	 from	 other	
member	 countries,	 as	 it	 would	 for	 its	 own	
nationals.	
2. Framework of Priority
The	 P aris	 Convention	 also	 upholds	 the	
principle	 of	 “priority	 framework,”	 allowing	
an	 inventor	 to	 protect	 their	 invention	
simultaneously	in	various	countries.	
The	Ber ne	
Convention	for	
the	P rotection	
of	Literar y	and	
Ar tistic	W orks
The	Ber ne	Convention	was	
adopted	on	9 September, 
1886 	and	came	into	for ce	
on 4 December, 1887.	The	
Ber ne	Convention	was	
originally	signed	in	1886	at	
Ber ne	in	Switzerland.	
1. National Treatment 
Stipulated	 that	 any	 work	 originating	 in	 a	
contracting	 state,	 including	 works	 of	 authors	
who	 ar e	 nationals	 of	 that	 state	 or	 works	
first	 published 	 in	 that	 state,	 should	 r eceive	
the	 same	 legal	 protection 	 in	 ever y	 other	
contracting	 state	 as	 the	 latter	 state	 grants	 to	 its	
own	nationals.	
2. Automatic Protection
Mandated	 that	 legal	 protection	 should	 not	 be	
subject	to	compliance	with	any	for malities.	
3. Independence of Protection
decr eed	 that	 legal	 protection	 should	 be	
independent	 of	 the	 e xistence	 of	 protection	 in	
the	countr y	of	origin	of	the	work.
The	Universal	
Copyright	
Convention	
(UCC)
Established	in	the	year	1952. 1. National Treatment
The	 UCC	 adher es	 to	 the	 principle	 of	 national	
tr eatment	 rather	 than	 automatic	 protection,	
which	 implie s	 that	 contracting	 countries	
ar e	 not	 obligated	 to	 provide	 for eign	 works	
with	 automatic	 protection	 if	 the	 national	
r equir ements	ar e	not	met.
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80
Intellectual Property Law
Learning Outcomes
Students will be able to:
•	 Explain	the	natur e	and	meaning	of	Intellectual	P roper ty
•	 Explain	the	meaning	of	Intellectual	P roper ty	Rights
•	 Explain	the	impor tance	of	inter national	conventions	on	Intellectual	P roper ty	Rights
•	 Recall	the	historical	perspective	of	Intellectual	P roper ty	
•	 Analyse	 the	 impor tance	 of	 differ ent	 types	 of	 Intellectual	 P roper ty	 Rights	 and	 its	 impor tance	 in	
the	commer cial	world	
•	 Appr eciate	the	rights	granted	to	the	holder	of	intellectual	proper ty	rights
I. Meaning of Intellectual Property
Intellectual	 proper ty	 is	 an	 intangible	 proper ty	 that	 comes	 into	 e xistence	 through	 human	 intellect.	 It	
r efers	 to	 the	 cr eation	 of	 the	 mind	 or	 products	 of	 human	 intellect	 such	 as	 inventions,	 designs,	 ar tistic	
work,	names,	symbols,	images	etc.	
II. Intellectual Property Rights
The	 ter m	 “Intellectual	 P roper ty	 Rights”	 (IPR)	 r efers	 to	 the	 bundle	 of	 rights	 confer r ed	 by	 law	 on	 a	
cr eator/owner	 of	 intellectual	 proper ty .	 These	 rights	 ar e	 the	 rights	 given	 to	 persons	 over	 the	 cr eations	
of	 their	 minds.	 They	 usually	 give	 the	 cr eator	 an	 e xclusive	 right	 over	 the	 use	 of	 his/her	 cr eation	 for	 a	
cer tain	period	of	time.
They	 seek	 to	 protect	 the	 inter ests	 of	 the	 cr eators	 by	 r ewarding	 their	 mental	 labour	 and	 allowing	 them	
to	 r etain	 proper ty	 rights	 over	 their	 cr eations.	 The	 cr eators/	 inventors	 ar e	 thus	 allowed	 to	 benefit	 from	
their	cr eations.	
The	 main	 r eason	 for	 granti ng	 these	 rights	 is	 to	 encou rage	 inventions	 and	 cr eations	 that	 promote	
social,	economic,	scientific	and	cultural	development	of	society .	
Intellectual	proper ty	is	divided	into	two	categories:	
CHAPTER
3(D)
1. Industrial property - 	 this	 includes	 inventions	 (patents),	 trademarks,	 industri al	 designs,	 and	
geographic	indications	of	sour ce;	and	
2. Copyright - 	 this	 includes	 literar y	 and	 ar tistic	 works	 such	 as	 novels ,	 poems	 and	 plays,	 films,	
musical	 works,	 ar tistic	 works	 such	 as	 drawings,	 paintings,	 photographs	 and	 sculptur es,	 and	
ar chitectural	designs.
III. What are the international obligations that have shaped 
Indian IPR?
Treaty Year Principles and Objectives
The	P aris	
Convention	for	
the	P rotection	
of	Industrial	
P roper ties
The	P aris	Convention	was	
adopted	on	20 March, 1883 
in 	P aris	and	was	enfor ced	on	
7 July, 1884.
1. National Treatment
In	 the	 conte xt	 of	 legal	 protection	 for	 industrial	
proper ty ,	 the	 principle	 of	 National	 T r eatment	
r equir es	 each	 member	 countr y	 of	 the	 P aris	
Convention	 to	 provide	 equal	 legal	 protection	
for	 the	 inventions	 of	 nationals	 from	 other	
member	 countries,	 as	 it	 would	 for	 its	 own	
nationals.	
2. Framework of Priority
The	 P aris	 Convention	 also	 upholds	 the	
principle	 of	 “priority	 framework,”	 allowing	
an	 inventor	 to	 protect	 their	 invention	
simultaneously	in	various	countries.	
The	Ber ne	
Convention	for	
the	P rotection	
of	Literar y	and	
Ar tistic	W orks
The	Ber ne	Convention	was	
adopted	on	9 September, 
1886 	and	came	into	for ce	
on 4 December, 1887.	The	
Ber ne	Convention	was	
originally	signed	in	1886	at	
Ber ne	in	Switzerland.	
1. National Treatment 
Stipulated	 that	 any	 work	 originating	 in	 a	
contracting	 state,	 including	 works	 of	 authors	
who	 ar e	 nationals	 of	 that	 state	 or	 works	
first	 published 	 in	 that	 state,	 should	 r eceive	
the	 same	 legal	 protection 	 in	 ever y	 other	
contracting	 state	 as	 the	 latter	 state	 grants	 to	 its	
own	nationals.	
2. Automatic Protection
Mandated	 that	 legal	 protection	 should	 not	 be	
subject	to	compliance	with	any	for malities.	
3. Independence of Protection
decr eed	 that	 legal	 protection	 should	 be	
independent	 of	 the	 e xistence	 of	 protection	 in	
the	countr y	of	origin	of	the	work.
The	Universal	
Copyright	
Convention	
(UCC)
Established	in	the	year	1952. 1. National Treatment
The	 UCC	 adher es	 to	 the	 principle	 of	 national	
tr eatment	 rather	 than	 automatic	 protection,	
which	 implie s	 that	 contracting	 countries	
ar e	 not	 obligated	 to	 provide	 for eign	 works	
with	 automatic	 protection	 if	 the	 national	
r equir ements	ar e	not	met.
82
2. The term of the Work 
Under	 the	 UCC,	 original	 literar y ,	 ar tistic,	 and	
scientific	 works	 ar e	 eligible	 for	 protection.	 T o	
provide	 r easonable	 notice	 of	 the	 copyright	
claim,	 a	 copyright	 notice	 should	 accompany	
the	 work.	 The	 UCC	 stipulates	 that	 protection	
for	 a	 work	 lasts	 for	 the	 duration	 of	 the	 author ’s	
lifetime	 and	 an	 additional	 25	 years	 following	
the	author ’s	death.
3. Minimum Rights 
As	 per	 the	 UCC’s	 provision s,	 the	 contracting	
countries	 must	 provide	 a	 specific	 set	 of	
“minimum	 rights”	 to	 the	 lawful	 owner	 of	 the	
work,	 provided	 they	 do	 not	 cr eate	 any	 conflict	
with	the	“spirit”	of	the	convention.
W orld	Intellectual	
P roper ty	
Organisation	
(WIPO)
The	 WIPO	 Convention,	 which	
is	 the	 primar y	 instrument	 of	
the	 W orld	 Intellectual	 P roper ty	
Organisation,	 was	 signed	 on	
July	 14,	 1967,	 in	 Stockholm.	
It	 came	 into	 effect	 in	 1970	 and	
was	 subsequently	 amended	
in	 1979 .	 In	 1974,	 the	 WIPO	
became	 one	 of	 the	 specialized	
agencies	 of	 the	 United	 Nations	
(UN)	system.
The	 WIPO	 had	 two	 primar y	 objectives,	 which	
wer e:
1. T o	 promote	 the	 legal	 protection	 of	
intellectual	proper ty	worldwide.
2. T o	 facilitate	 administrative	 cooperation	
between	 the	 intellectual	 proper ty	 unions	
cr eated	 by	 tr eaties	 administer ed	 by	 the	
WIPO .
IV. Brief Historical Perspective 
W ith	 the	 establishment	 of	 the	 W orld	 T rade	 Organization	 (WTO),	 the	 impor tance	 and	 role	 of	 intellectual	
proper ty	 protection	 was	 cr ystallized	 in	 the	 T rade- Related	 Intellectual	 P roper ty	 Systems	 (TRIPS)	
Agr eement.	 It	 was	 negotiate d	 at	 the	 end	 of	 the	 Uruguay 	 Round	 of	 the	 General	 Agr eement	 on	 T ariffs	
and	T rade	(GA TT)	tr eaty	in	1994.
The	 TRIPS	 Agr eement	 came	 into	 effect	 on	 1	 Januar y	 199 5	 and	 is	 the	 most	 compr ehensive	 multilateral	
agr eement	 on	 intellectual	 proper ty .	 It	 encompasses	 all	 for ms	 of	 intellectual	 proper ty	 and	 aims	 at	
har monizing	 and	 str engthening	 standards	 of	 protectio n	 and	 providing	 effective	 enfor cement	 of	
intellectual	proper ty	rights	at	both	national	and	inter national	levels.	
India	 being	 signator y	 to	 the	 TRIPS	 Agr eement	 has	 passed	 several	 legislations	 for	 the	 protection	 of	
intellectual	 proper ty	 rights	 to	 meet	 the	 inter national	 obligations.	 Some	 of	 these	 legislations	 ar e	 listed	
below:
T rade	 Mark	 Act,	 1999,	 Designs	 Act,	 2000,	 Copyright	 Act,	 1957	 (as	 amended),	 P atents	 Act,	 1970	 (as	
amended),	 Geographical	 Indications	 of	 Goods	 (Registration	 and	 P rotection)	 Act,	 1999,	 P rotection	 of	
Plant	V arieties	and	F ar mers’	Rights	Act,	2001.
The	 histor y	 of	 P atent	 law	 dates	 back	 to	 1911.	 Around	 this	 time	 the	 Indian	 P atents	 and	 Designs	 Act,	
1911	 was	 ena cted.	 The	 pr esent	 act	 gover ning	 patents	 law	 in	 India,	 the	 P atents	 Act,	 1970	 came	 into	
for ce	 in	 1972.	 It	 amended	 and	 consolidated	 the	 e xisting	 law	 r elating	 to	 P atents	 in	 India.	 The	 Act,	 went	
through	 an	 amendment	 in	 2005	 to	 be	 compliant	 with	 the	 TRIPS	 agr eement	 and	 is	 now	 known	 as	 the	
Page 4


80
Intellectual Property Law
Learning Outcomes
Students will be able to:
•	 Explain	the	natur e	and	meaning	of	Intellectual	P roper ty
•	 Explain	the	meaning	of	Intellectual	P roper ty	Rights
•	 Explain	the	impor tance	of	inter national	conventions	on	Intellectual	P roper ty	Rights
•	 Recall	the	historical	perspective	of	Intellectual	P roper ty	
•	 Analyse	 the	 impor tance	 of	 differ ent	 types	 of	 Intellectual	 P roper ty	 Rights	 and	 its	 impor tance	 in	
the	commer cial	world	
•	 Appr eciate	the	rights	granted	to	the	holder	of	intellectual	proper ty	rights
I. Meaning of Intellectual Property
Intellectual	 proper ty	 is	 an	 intangible	 proper ty	 that	 comes	 into	 e xistence	 through	 human	 intellect.	 It	
r efers	 to	 the	 cr eation	 of	 the	 mind	 or	 products	 of	 human	 intellect	 such	 as	 inventions,	 designs,	 ar tistic	
work,	names,	symbols,	images	etc.	
II. Intellectual Property Rights
The	 ter m	 “Intellectual	 P roper ty	 Rights”	 (IPR)	 r efers	 to	 the	 bundle	 of	 rights	 confer r ed	 by	 law	 on	 a	
cr eator/owner	 of	 intellectual	 proper ty .	 These	 rights	 ar e	 the	 rights	 given	 to	 persons	 over	 the	 cr eations	
of	 their	 minds.	 They	 usually	 give	 the	 cr eator	 an	 e xclusive	 right	 over	 the	 use	 of	 his/her	 cr eation	 for	 a	
cer tain	period	of	time.
They	 seek	 to	 protect	 the	 inter ests	 of	 the	 cr eators	 by	 r ewarding	 their	 mental	 labour	 and	 allowing	 them	
to	 r etain	 proper ty	 rights	 over	 their	 cr eations.	 The	 cr eators/	 inventors	 ar e	 thus	 allowed	 to	 benefit	 from	
their	cr eations.	
The	 main	 r eason	 for	 granti ng	 these	 rights	 is	 to	 encou rage	 inventions	 and	 cr eations	 that	 promote	
social,	economic,	scientific	and	cultural	development	of	society .	
Intellectual	proper ty	is	divided	into	two	categories:	
CHAPTER
3(D)
1. Industrial property - 	 this	 includes	 inventions	 (patents),	 trademarks,	 industri al	 designs,	 and	
geographic	indications	of	sour ce;	and	
2. Copyright - 	 this	 includes	 literar y	 and	 ar tistic	 works	 such	 as	 novels ,	 poems	 and	 plays,	 films,	
musical	 works,	 ar tistic	 works	 such	 as	 drawings,	 paintings,	 photographs	 and	 sculptur es,	 and	
ar chitectural	designs.
III. What are the international obligations that have shaped 
Indian IPR?
Treaty Year Principles and Objectives
The	P aris	
Convention	for	
the	P rotection	
of	Industrial	
P roper ties
The	P aris	Convention	was	
adopted	on	20 March, 1883 
in 	P aris	and	was	enfor ced	on	
7 July, 1884.
1. National Treatment
In	 the	 conte xt	 of	 legal	 protection	 for	 industrial	
proper ty ,	 the	 principle	 of	 National	 T r eatment	
r equir es	 each	 member	 countr y	 of	 the	 P aris	
Convention	 to	 provide	 equal	 legal	 protection	
for	 the	 inventions	 of	 nationals	 from	 other	
member	 countries,	 as	 it	 would	 for	 its	 own	
nationals.	
2. Framework of Priority
The	 P aris	 Convention	 also	 upholds	 the	
principle	 of	 “priority	 framework,”	 allowing	
an	 inventor	 to	 protect	 their	 invention	
simultaneously	in	various	countries.	
The	Ber ne	
Convention	for	
the	P rotection	
of	Literar y	and	
Ar tistic	W orks
The	Ber ne	Convention	was	
adopted	on	9 September, 
1886 	and	came	into	for ce	
on 4 December, 1887.	The	
Ber ne	Convention	was	
originally	signed	in	1886	at	
Ber ne	in	Switzerland.	
1. National Treatment 
Stipulated	 that	 any	 work	 originating	 in	 a	
contracting	 state,	 including	 works	 of	 authors	
who	 ar e	 nationals	 of	 that	 state	 or	 works	
first	 published 	 in	 that	 state,	 should	 r eceive	
the	 same	 legal	 protection 	 in	 ever y	 other	
contracting	 state	 as	 the	 latter	 state	 grants	 to	 its	
own	nationals.	
2. Automatic Protection
Mandated	 that	 legal	 protection	 should	 not	 be	
subject	to	compliance	with	any	for malities.	
3. Independence of Protection
decr eed	 that	 legal	 protection	 should	 be	
independent	 of	 the	 e xistence	 of	 protection	 in	
the	countr y	of	origin	of	the	work.
The	Universal	
Copyright	
Convention	
(UCC)
Established	in	the	year	1952. 1. National Treatment
The	 UCC	 adher es	 to	 the	 principle	 of	 national	
tr eatment	 rather	 than	 automatic	 protection,	
which	 implie s	 that	 contracting	 countries	
ar e	 not	 obligated	 to	 provide	 for eign	 works	
with	 automatic	 protection	 if	 the	 national	
r equir ements	ar e	not	met.
82
2. The term of the Work 
Under	 the	 UCC,	 original	 literar y ,	 ar tistic,	 and	
scientific	 works	 ar e	 eligible	 for	 protection.	 T o	
provide	 r easonable	 notice	 of	 the	 copyright	
claim,	 a	 copyright	 notice	 should	 accompany	
the	 work.	 The	 UCC	 stipulates	 that	 protection	
for	 a	 work	 lasts	 for	 the	 duration	 of	 the	 author ’s	
lifetime	 and	 an	 additional	 25	 years	 following	
the	author ’s	death.
3. Minimum Rights 
As	 per	 the	 UCC’s	 provision s,	 the	 contracting	
countries	 must	 provide	 a	 specific	 set	 of	
“minimum	 rights”	 to	 the	 lawful	 owner	 of	 the	
work,	 provided	 they	 do	 not	 cr eate	 any	 conflict	
with	the	“spirit”	of	the	convention.
W orld	Intellectual	
P roper ty	
Organisation	
(WIPO)
The	 WIPO	 Convention,	 which	
is	 the	 primar y	 instrument	 of	
the	 W orld	 Intellectual	 P roper ty	
Organisation,	 was	 signed	 on	
July	 14,	 1967,	 in	 Stockholm.	
It	 came	 into	 effect	 in	 1970	 and	
was	 subsequently	 amended	
in	 1979 .	 In	 1974,	 the	 WIPO	
became	 one	 of	 the	 specialized	
agencies	 of	 the	 United	 Nations	
(UN)	system.
The	 WIPO	 had	 two	 primar y	 objectives,	 which	
wer e:
1. T o	 promote	 the	 legal	 protection	 of	
intellectual	proper ty	worldwide.
2. T o	 facilitate	 administrative	 cooperation	
between	 the	 intellectual	 proper ty	 unions	
cr eated	 by	 tr eaties	 administer ed	 by	 the	
WIPO .
IV. Brief Historical Perspective 
W ith	 the	 establishment	 of	 the	 W orld	 T rade	 Organization	 (WTO),	 the	 impor tance	 and	 role	 of	 intellectual	
proper ty	 protection	 was	 cr ystallized	 in	 the	 T rade- Related	 Intellectual	 P roper ty	 Systems	 (TRIPS)	
Agr eement.	 It	 was	 negotiate d	 at	 the	 end	 of	 the	 Uruguay 	 Round	 of	 the	 General	 Agr eement	 on	 T ariffs	
and	T rade	(GA TT)	tr eaty	in	1994.
The	 TRIPS	 Agr eement	 came	 into	 effect	 on	 1	 Januar y	 199 5	 and	 is	 the	 most	 compr ehensive	 multilateral	
agr eement	 on	 intellectual	 proper ty .	 It	 encompasses	 all	 for ms	 of	 intellectual	 proper ty	 and	 aims	 at	
har monizing	 and	 str engthening	 standards	 of	 protectio n	 and	 providing	 effective	 enfor cement	 of	
intellectual	proper ty	rights	at	both	national	and	inter national	levels.	
India	 being	 signator y	 to	 the	 TRIPS	 Agr eement	 has	 passed	 several	 legislations	 for	 the	 protection	 of	
intellectual	 proper ty	 rights	 to	 meet	 the	 inter national	 obligations.	 Some	 of	 these	 legislations	 ar e	 listed	
below:
T rade	 Mark	 Act,	 1999,	 Designs	 Act,	 2000,	 Copyright	 Act,	 1957	 (as	 amended),	 P atents	 Act,	 1970	 (as	
amended),	 Geographical	 Indications	 of	 Goods	 (Registration	 and	 P rotection)	 Act,	 1999,	 P rotection	 of	
Plant	V arieties	and	F ar mers’	Rights	Act,	2001.
The	 histor y	 of	 P atent	 law	 dates	 back	 to	 1911.	 Around	 this	 time	 the	 Indian	 P atents	 and	 Designs	 Act,	
1911	 was	 ena cted.	 The	 pr esent	 act	 gover ning	 patents	 law	 in	 India,	 the	 P atents	 Act,	 1970	 came	 into	
for ce	 in	 1972.	 It	 amended	 and	 consolidated	 the	 e xisting	 law	 r elating	 to	 P atents	 in	 India.	 The	 Act,	 went	
through	 an	 amendment	 in	 2005	 to	 be	 compliant	 with	 the	 TRIPS	 agr eement	 and	 is	 now	 known	 as	 the	
83
P atents	 (Amendments)	 Act,	 2005.	 Through	 this	 amendm ent	 product	 patent	 was	 e xtended	 to	 all	 fields	
of	technology	including	food,	drugs,	chemicals,	and	micro-organisms.
V. Copyright
What is copyright?
Copyright	 is	 a	 right	 given	 by	 the	 law	 to	 cr eators	 of	 litera r y ,	 dramatic,	 musical	 and	 ar tistic	 works	 and	
producers	 of	 cinematograph	 films	 and	 sound	 r ecordings.	 It	 is	 a	 bundle	 of	 rights	 including,	 rights	 of	
r eproduction,	 communication	 to	 the	 public,	 adaptation	 and	 translation	 of	 the	 work.	 This	 protection	 is	
automatic	(upon	cr eation	of	the	work)	and	does	not	depend	on	r egistration.
What is the scope of protection in the Copyright Act,1957?
In	 India ,	 the	 law	 r elating	 to	 copyright	 is	 gover ned	 by	 the	 Copyright	 Act,	 1957.	 T o	 get	 the	 protection	
of	 copyright	 a	 work	 must	 be	 original.	 Mer e	 ideas,	 knowledge	 or	 concepts	 ar e	 not	 copyrightable.	
Having	 said	 that,	 copyright	 protects	 the	 original	 e xpr ession	 of	 infor mation	 and	 ideas.	 Copyright	 can	
be	 claimed	 by	 either	 the	 cr eator	 or	 the	 person	 who	 has	 inherited	 the	 rights	 of	 ownership	 from	 the	
original	cr eator	or	an	agent	who	is	allowed	to	act	on	behalf	of	the	cr eator .
WORK
What is a work?
All	 subject	 matters	 protected	 by	 copyright	 ar e	 called	 protected	works .	 Section	 2(y)	 of	 the	 Act	 defines	
‘ work’.	It	includes	the	following:	
 
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Intellectual Property Law
Learning Outcomes
Students will be able to:
•	 Explain	the	natur e	and	meaning	of	Intellectual	P roper ty
•	 Explain	the	meaning	of	Intellectual	P roper ty	Rights
•	 Explain	the	impor tance	of	inter national	conventions	on	Intellectual	P roper ty	Rights
•	 Recall	the	historical	perspective	of	Intellectual	P roper ty	
•	 Analyse	 the	 impor tance	 of	 differ ent	 types	 of	 Intellectual	 P roper ty	 Rights	 and	 its	 impor tance	 in	
the	commer cial	world	
•	 Appr eciate	the	rights	granted	to	the	holder	of	intellectual	proper ty	rights
I. Meaning of Intellectual Property
Intellectual	 proper ty	 is	 an	 intangible	 proper ty	 that	 comes	 into	 e xistence	 through	 human	 intellect.	 It	
r efers	 to	 the	 cr eation	 of	 the	 mind	 or	 products	 of	 human	 intellect	 such	 as	 inventions,	 designs,	 ar tistic	
work,	names,	symbols,	images	etc.	
II. Intellectual Property Rights
The	 ter m	 “Intellectual	 P roper ty	 Rights”	 (IPR)	 r efers	 to	 the	 bundle	 of	 rights	 confer r ed	 by	 law	 on	 a	
cr eator/owner	 of	 intellectual	 proper ty .	 These	 rights	 ar e	 the	 rights	 given	 to	 persons	 over	 the	 cr eations	
of	 their	 minds.	 They	 usually	 give	 the	 cr eator	 an	 e xclusive	 right	 over	 the	 use	 of	 his/her	 cr eation	 for	 a	
cer tain	period	of	time.
They	 seek	 to	 protect	 the	 inter ests	 of	 the	 cr eators	 by	 r ewarding	 their	 mental	 labour	 and	 allowing	 them	
to	 r etain	 proper ty	 rights	 over	 their	 cr eations.	 The	 cr eators/	 inventors	 ar e	 thus	 allowed	 to	 benefit	 from	
their	cr eations.	
The	 main	 r eason	 for	 granti ng	 these	 rights	 is	 to	 encou rage	 inventions	 and	 cr eations	 that	 promote	
social,	economic,	scientific	and	cultural	development	of	society .	
Intellectual	proper ty	is	divided	into	two	categories:	
CHAPTER
3(D)
1. Industrial property - 	 this	 includes	 inventions	 (patents),	 trademarks,	 industri al	 designs,	 and	
geographic	indications	of	sour ce;	and	
2. Copyright - 	 this	 includes	 literar y	 and	 ar tistic	 works	 such	 as	 novels ,	 poems	 and	 plays,	 films,	
musical	 works,	 ar tistic	 works	 such	 as	 drawings,	 paintings,	 photographs	 and	 sculptur es,	 and	
ar chitectural	designs.
III. What are the international obligations that have shaped 
Indian IPR?
Treaty Year Principles and Objectives
The	P aris	
Convention	for	
the	P rotection	
of	Industrial	
P roper ties
The	P aris	Convention	was	
adopted	on	20 March, 1883 
in 	P aris	and	was	enfor ced	on	
7 July, 1884.
1. National Treatment
In	 the	 conte xt	 of	 legal	 protection	 for	 industrial	
proper ty ,	 the	 principle	 of	 National	 T r eatment	
r equir es	 each	 member	 countr y	 of	 the	 P aris	
Convention	 to	 provide	 equal	 legal	 protection	
for	 the	 inventions	 of	 nationals	 from	 other	
member	 countries,	 as	 it	 would	 for	 its	 own	
nationals.	
2. Framework of Priority
The	 P aris	 Convention	 also	 upholds	 the	
principle	 of	 “priority	 framework,”	 allowing	
an	 inventor	 to	 protect	 their	 invention	
simultaneously	in	various	countries.	
The	Ber ne	
Convention	for	
the	P rotection	
of	Literar y	and	
Ar tistic	W orks
The	Ber ne	Convention	was	
adopted	on	9 September, 
1886 	and	came	into	for ce	
on 4 December, 1887.	The	
Ber ne	Convention	was	
originally	signed	in	1886	at	
Ber ne	in	Switzerland.	
1. National Treatment 
Stipulated	 that	 any	 work	 originating	 in	 a	
contracting	 state,	 including	 works	 of	 authors	
who	 ar e	 nationals	 of	 that	 state	 or	 works	
first	 published 	 in	 that	 state,	 should	 r eceive	
the	 same	 legal	 protection 	 in	 ever y	 other	
contracting	 state	 as	 the	 latter	 state	 grants	 to	 its	
own	nationals.	
2. Automatic Protection
Mandated	 that	 legal	 protection	 should	 not	 be	
subject	to	compliance	with	any	for malities.	
3. Independence of Protection
decr eed	 that	 legal	 protection	 should	 be	
independent	 of	 the	 e xistence	 of	 protection	 in	
the	countr y	of	origin	of	the	work.
The	Universal	
Copyright	
Convention	
(UCC)
Established	in	the	year	1952. 1. National Treatment
The	 UCC	 adher es	 to	 the	 principle	 of	 national	
tr eatment	 rather	 than	 automatic	 protection,	
which	 implie s	 that	 contracting	 countries	
ar e	 not	 obligated	 to	 provide	 for eign	 works	
with	 automatic	 protection	 if	 the	 national	
r equir ements	ar e	not	met.
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2. The term of the Work 
Under	 the	 UCC,	 original	 literar y ,	 ar tistic,	 and	
scientific	 works	 ar e	 eligible	 for	 protection.	 T o	
provide	 r easonable	 notice	 of	 the	 copyright	
claim,	 a	 copyright	 notice	 should	 accompany	
the	 work.	 The	 UCC	 stipulates	 that	 protection	
for	 a	 work	 lasts	 for	 the	 duration	 of	 the	 author ’s	
lifetime	 and	 an	 additional	 25	 years	 following	
the	author ’s	death.
3. Minimum Rights 
As	 per	 the	 UCC’s	 provision s,	 the	 contracting	
countries	 must	 provide	 a	 specific	 set	 of	
“minimum	 rights”	 to	 the	 lawful	 owner	 of	 the	
work,	 provided	 they	 do	 not	 cr eate	 any	 conflict	
with	the	“spirit”	of	the	convention.
W orld	Intellectual	
P roper ty	
Organisation	
(WIPO)
The	 WIPO	 Convention,	 which	
is	 the	 primar y	 instrument	 of	
the	 W orld	 Intellectual	 P roper ty	
Organisation,	 was	 signed	 on	
July	 14,	 1967,	 in	 Stockholm.	
It	 came	 into	 effect	 in	 1970	 and	
was	 subsequently	 amended	
in	 1979 .	 In	 1974,	 the	 WIPO	
became	 one	 of	 the	 specialized	
agencies	 of	 the	 United	 Nations	
(UN)	system.
The	 WIPO	 had	 two	 primar y	 objectives,	 which	
wer e:
1. T o	 promote	 the	 legal	 protection	 of	
intellectual	proper ty	worldwide.
2. T o	 facilitate	 administrative	 cooperation	
between	 the	 intellectual	 proper ty	 unions	
cr eated	 by	 tr eaties	 administer ed	 by	 the	
WIPO .
IV. Brief Historical Perspective 
W ith	 the	 establishment	 of	 the	 W orld	 T rade	 Organization	 (WTO),	 the	 impor tance	 and	 role	 of	 intellectual	
proper ty	 protection	 was	 cr ystallized	 in	 the	 T rade- Related	 Intellectual	 P roper ty	 Systems	 (TRIPS)	
Agr eement.	 It	 was	 negotiate d	 at	 the	 end	 of	 the	 Uruguay 	 Round	 of	 the	 General	 Agr eement	 on	 T ariffs	
and	T rade	(GA TT)	tr eaty	in	1994.
The	 TRIPS	 Agr eement	 came	 into	 effect	 on	 1	 Januar y	 199 5	 and	 is	 the	 most	 compr ehensive	 multilateral	
agr eement	 on	 intellectual	 proper ty .	 It	 encompasses	 all	 for ms	 of	 intellectual	 proper ty	 and	 aims	 at	
har monizing	 and	 str engthening	 standards	 of	 protectio n	 and	 providing	 effective	 enfor cement	 of	
intellectual	proper ty	rights	at	both	national	and	inter national	levels.	
India	 being	 signator y	 to	 the	 TRIPS	 Agr eement	 has	 passed	 several	 legislations	 for	 the	 protection	 of	
intellectual	 proper ty	 rights	 to	 meet	 the	 inter national	 obligations.	 Some	 of	 these	 legislations	 ar e	 listed	
below:
T rade	 Mark	 Act,	 1999,	 Designs	 Act,	 2000,	 Copyright	 Act,	 1957	 (as	 amended),	 P atents	 Act,	 1970	 (as	
amended),	 Geographical	 Indications	 of	 Goods	 (Registration	 and	 P rotection)	 Act,	 1999,	 P rotection	 of	
Plant	V arieties	and	F ar mers’	Rights	Act,	2001.
The	 histor y	 of	 P atent	 law	 dates	 back	 to	 1911.	 Around	 this	 time	 the	 Indian	 P atents	 and	 Designs	 Act,	
1911	 was	 ena cted.	 The	 pr esent	 act	 gover ning	 patents	 law	 in	 India,	 the	 P atents	 Act,	 1970	 came	 into	
for ce	 in	 1972.	 It	 amended	 and	 consolidated	 the	 e xisting	 law	 r elating	 to	 P atents	 in	 India.	 The	 Act,	 went	
through	 an	 amendment	 in	 2005	 to	 be	 compliant	 with	 the	 TRIPS	 agr eement	 and	 is	 now	 known	 as	 the	
83
P atents	 (Amendments)	 Act,	 2005.	 Through	 this	 amendm ent	 product	 patent	 was	 e xtended	 to	 all	 fields	
of	technology	including	food,	drugs,	chemicals,	and	micro-organisms.
V. Copyright
What is copyright?
Copyright	 is	 a	 right	 given	 by	 the	 law	 to	 cr eators	 of	 litera r y ,	 dramatic,	 musical	 and	 ar tistic	 works	 and	
producers	 of	 cinematograph	 films	 and	 sound	 r ecordings.	 It	 is	 a	 bundle	 of	 rights	 including,	 rights	 of	
r eproduction,	 communication	 to	 the	 public,	 adaptation	 and	 translation	 of	 the	 work.	 This	 protection	 is	
automatic	(upon	cr eation	of	the	work)	and	does	not	depend	on	r egistration.
What is the scope of protection in the Copyright Act,1957?
In	 India ,	 the	 law	 r elating	 to	 copyright	 is	 gover ned	 by	 the	 Copyright	 Act,	 1957.	 T o	 get	 the	 protection	
of	 copyright	 a	 work	 must	 be	 original.	 Mer e	 ideas,	 knowledge	 or	 concepts	 ar e	 not	 copyrightable.	
Having	 said	 that,	 copyright	 protects	 the	 original	 e xpr ession	 of	 infor mation	 and	 ideas.	 Copyright	 can	
be	 claimed	 by	 either	 the	 cr eator	 or	 the	 person	 who	 has	 inherited	 the	 rights	 of	 ownership	 from	 the	
original	cr eator	or	an	agent	who	is	allowed	to	act	on	behalf	of	the	cr eator .
WORK
What is a work?
All	 subject	 matters	 protected	 by	 copyright	 ar e	 called	 protected	works .	 Section	 2(y)	 of	 the	 Act	 defines	
‘ work’.	It	includes	the	following:	
 
84
When is a work protected by Copyright?
A	work	is	protected	by	copyright	when:
1.	 It	falls	within	the	categor y	of	‘ work’	under	the	Act;
2.	 The	work	must	be	r ecorded/	fixed	in	material	for m	(tangible	for m);	and	
3.	 The	work	must	be	original.
REGISTRATION OF COPYRIGHT
Is it necessary to register a work to claim copyright?
No .	 Acquisitio n	 of	 copyright	 is	 automatic	 and	 it	 does	 not	 r equir e	 any	 for mality .	 However ,	 cer tificate	 of	
r egistration	 of	copyright	 and	the	entries	 made	 ther ein	 ser ve	as	prima	 facie	evidence	 in	 a	cour t	of	law	
with	r efer ence	to	dispute	r elating	to	ownership	of	copyright.
What is the procedure for registration of a work under the Copyright 
Act,1957?
Copyright	 comes	 into	 e xistence	 as	 soon	 as	 a	 work	 is	 cr eated	 and	 no	 for mality	 is	 r equir ed	 to	 be	
completed	 for	 acquiring	 copyright.	 However ,	 facilities	 e xist	 for	 having	 the	 work	 r egister ed	 in	 the	
Register	of	Copyrights.
TERM OF COPYRIGHT
Is copyright protected in perpetuity?
No .	It	is	protected	for	a	limited	period	of	time.
What is the term of protection of copyright?
The	 general	 rule	 is	 that	 copyright	 lasts	 for	 60	 years.	 In	 the	 case	 of	 original	 literar y ,	 dramatic,	 musical	
and	 ar tistic	 works	 the	 60-year	 period	 is	 counted	 from	 the	 year	 following	 the	 death	 of	 the	 author .	 In	 the	
case	 of	 cinema tograph	 films,	 sound	 r ecordings,	 photogr aphs,	 posthumous	 publications,	 anonymous	
and	 pseudonymous	 publications,	 works	 of	 gover nment	 and	 works	 of	 inter national	 organisations,	 the	
60-year	period	is	counted	from	the	date	of	publication.
RIGHTS OF THE OWNER OF A COPYRIGHT
Economic rights – This	 allows	 the	 rights’	 owner	 to	 derive	 financial	 r eward	 from	 the	 use	 of	 their	
works	by	others.	W ithin	this	categor y	ar e	other	rights	such	as:	
1. Right to reproduce the work - 	 Reproduction	 is	 an	 act	 of	 copying	 from	 the	 pr eviously	 finished	
works	 or	 givin g	 it	 a	 differ ential	 for m	 by	 adding,	 editing	 or	 modifying	 the	 same.	 Such	 right	 shall	
e xclusively	 be	 e xer cised	 by	 the	 owner	 of	 the	 work	 and	 shall	 not	 be	 infringed	 by	 any	 other	 person	
since	the	act	of	r eproduction	of	the	work	may	economically	make	benefits	to	its	owner .
2. Right to distribute in market - 	 the	 owner	 of	 the	 copyrighted	 work	 also	 has	 a	 right	 to	
distribute	 in	 the	 market	 and	 make	 money	 out	 of	 it.	 The	 act	 of	 distribution	 may	 be	 in	 the	 for m	 of	
sale,	lending	for	fr ee	or	for	a	consideration,	r ental,	or	fr ee	distribution	by	the	way	of	gift.
3. Right to communication to the public - It	 means	 letting	 or	 making	 the	 product/work	
available	to	the	public	by	way	of	broadcasting,	simulcasting	or	webcasting.