IPR

Intellectual Property Right (IPR)

[1] Overview [2] Copyright [3] Patent [4] Trademark [5] Designs [6] Geographical Indications of Goods [7] Semiconductor Integrated Circuits Design [8] Biological Diversity [9] Protection of Plant Varieties & Farmer Rights [10] World Intellectual Property Organization (WIPO) [11] Important Websites

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[1] Overview

1.1           Intellectual property refers to ‘a property which is created by mind’. As the word intellectual means creation of mind. It gives the creator an exclusive right over the use of his/her creations for a certain period of time. Example: Inventions, Designs used in commerce, literary & artistic works etc.

1.2          Intellectual property can be defined as “Intellectual Property is an intangible creatin of human mind’’. It is the property which arises from human intellect. It is usually expressed or translated into a tangible form which is assigned to certain right of the property. Intellectual Property is the creation of human product.

1.3          Intellectual Property (IP) comprises of two distinct forms – (a) Literary & Artistic Work – These are books, paintings, musical compositions, plays, movies, Radio/TV programs & other artistic works. These are protected by Copyright.

(b)           Industrial Property: It describes physical matter which is the product of an idea or concept for commercial purposes. These are protected by – (i) Patent; (ii) Trademark; (c) Industrial Design; (d) Geographical Indications etc.

1.4           Before going into detail, it is necessary to discuss about property. Property is defined as “Property designates those things which have consideration value and are commonly recognized as being the possession of an individual or a group of an organization”.

1.5           A right of ownership is associated with property that establishes the goods as being one’s own thing in relation to an individual or a group or an organization.

1.6           Properties are of two types – (i) Tangible Property & (ii) Intangible Property.

1.7           (i) Tangible Property: The property which is physically present & can be seen/felt. Building, land, House, Cash, Jewellery etc. are example of Tangible Property which can be seen and felt physically.

                 (ii) Intangible Property: The property which is not in any physical form. It is a kind of valuable property that cannot be felt physically as it does not have a physical form. Intellectual Property is one of the forms of intangible Property which commands a material value which can also be higher than that of the Tangible Property.

1.8           Intellectual Property Trend: Over 3 million applications are filed per year for Intellectual Property Rights. Trademark & Patent are is the most sought form of Intellectual Property world wide.

1.9          Owing to growing importance and its commercial & industrial aspect in India, special cells for copyright enforcement have so far been set up in 23 States & Union Territories. These are – Andhra Pradesh, Assam Andaman & Nicobar Islands, Chandigarh, Dadra & Nagar Haveli, daman & Diu, Delhi, Goa, Gujrat, Haryana, Himanchal Pradesh, Jammu & Kashmir, Karnataka, Kerela, Madhya Pradesh, Meghalaya, Odisha, Pondicherry, Punjab, Sikkim, Tamil Nadu, Tripura & West Bengal.

1.10          History of IPR in India: In 1856, Mr. George Alfred DePenning is supposed to have made the first application for grant of a patent in India. He applied for grant of exclusive privileges for his invention – “An Efficient Punkah Pulling Machine”. He was granted the first ever Intellectual Property protection in India.

1.11           Rules and Laws governing Intellectual Property Rights in India are –

1. The Copyright Act, 1957. The Copyright Rules, 1958 and International Copyright Order, 1999.
2. The Patents Act, 1970. The patents Rules, 2003. The Patents (Appeals & Applications to the Intellectual property Appellate Board) rules, 2011.
3. The Trade Marks Act, 1999. The Trade Mark Rules, 2002. The Trade Marks (Applications and Appeals to the Intellectual Property Appellate Board) Rules, 2003 and The Intellectual Property Appellate Board (Procedure) Rules, 2003.
4. The Geographical Indications of goods (Registration & Protection) Act 1999 and The geographical indications of Goods (Registration and Protection 0Rules, 2002.
5. The Designs Act, 2000. The Designs Rules 2001.
6. The Semiconductors Integrated Circuits Layout-Design Act, 2000 and The Semiconductors Integrated Circuits Layout-Design Rules, 2001.
7. The Protection of Plant varieties and Farmers’ Rights Act, 2001 and The Protection of Plant Varieties and Farmers Rights’ Rules, 2003.
8. The Biological Diversity Act, 2002 and the Biological Diversity Rules, 2004.
9. Intellectual Property Rights 9Imported Goods) Rules, 2007.

[2] Copyright

2.1           Definition: Copyright is the set of exclusive rights granted to the author or creator of an original work including the right to copy, distribute and adapt the work.

2.2           Copyright lasts for a certain time period. After that, the work is said to enter into the public domain. Copyright gives protection for the expression of an idea and not for the idea itself.

2.3           The protection provided by Copyright to the efforts of writers, artists, designers, dramatics, musicians, architects and producers of sound recordings, cinematograph films and computer software, creates an atmosphere conducive to creativity which induces them to create more and motives others to create.

2.4           Copyright Law in India: The Copyright Act of 1957 subsequently amended in 1983, 1984, 1992, 1994 and 1999. The Copyright Rules, 1958 and the International Copyright Order, 1999 governs the Copyright protection in India.

2.5          Copyright Act 1957 came into effect from January 1958. Before The Copyright Act of 1957, copyright protection was governed by the Copyright Act of 1914 which was the extension of British Copyright Act, 1911.

2.6         The Copyright Act, 1957 consists of 79 sections under 15 chapters while the Copyright Rules, 1958 consists of 28 rules under 9 chapters and 2 schedules.

2.5         Classes of works available for protection under the Act: The Indian Copyright Act affords separate and exclusive copyright protection to the under mentioned 7 (seven) clauses of work:

(i) Original Literary Work

(ii) Original Dramatic work

(iii) Original musical Work

(iv) Original Artistic Work

(v) Cinematograph Films

(vi) Sound recording

(vii) Computer Programe.

2.6           Ownership of Copyright: An Author of the work will be the first owner of the copyright subject to certain conditions discussed as under:

(a) In case of literary, dramatic or artistic work made by the Author in the course of his employment by the proprietor of a Newspaper, magazine or similar periodical under a contract of service or apprenticeship, the said proprietor in the absence of any agreement to the contrary be the first owner of the copyright. But in all other respects the Author will be the first owner of the copyright in the work.

(b) In the case of a photograph taken, or a painting or portrait drawn, or an engraving or a cinematograph film is made, for valuable consideration at the instance of any person, such person will, in the absence of any agreement to the contrary, be the first owner of the Copyright.

(c) In the case of a work made in the course of the an Author’s employment under a contract of service or apprenticeship, the employer will, in the absence of any agreement to the contrary, be the first owner of the copyright.

(d) In the case of any address or speech delivered in public, the person who has delivered such address or speech or if such person has delivered such address or speech on behalf of any other person, such other person will be the first owner of the copyright notwithstanding that the person who delivers such address or speech, or, as the case may be, the person on whose behalf such address or speech is delivered, is employed by any other person who arranges such address or speech or on whose behalf or premises such address or speech is delivered.

(e) In the case of a Government work, Government in the absence of any agreement to the contrary will be the first owner of the copyright.

(f) In the case of a work made or first published by or under the direction or control of any public undertaking, such public undertaking in the absence of any agreement to the contrary, will be the first owner of the copyright.

(g) In case of any work which is made or first published by or under the directions or control of any international organisation, such international organisation will be the first owner of the Copyright.

2.7           Relinquish Copyright: The Author of a work can relinquish all or any of the rights comprised in the copyright in the work by giving notice in prescribed form to the Registrar of Copyrights and thereupon such rights will cease to exist from the date of the notice. On receipt of notice, the Registrar of Copyrights will publish it in the Official Gazette and in such other manner as he may deem fit. The relinquishment of all or any of the rights comprised in the copyright in a work will not affect any rights subsisting in favour of any person on the date of the notice given to the Registrar.

2.8           Term of Copyright: As per Section 22 to 29 of the Copyright Act, 1957, the term of Copyright is fixed. A Copyright generally lasts for a period of 60 (Sixty) years.

2.9          In case of literary, dramatic, musical or artistic works – 60 years period is counted from the year following the death of the Author. Example: The Author died in 2020. 60 years of period shall be counted from 2021.

2.10        In case of cinematograph films, sound recordings, photographs etc. – 60 years period is counted from the date of publication.

2.11        In case of Broadcast reproduction right – 25 years from the beginning of the calendar year next following the year in which it is made.

2.12        In case of Performance Right – 25 years from the beginning of the calendar year next following year in which the performance is made.

2.13        IPR of Computer Software: In India, the IPR of computer software is covered under the Copyright Law and hence, it is regulated by the Indian Copyright Act 1957.

2.14       Registration of a work under Copyright Act, 1957: Any Copyright is come into existence once its entry is made into the Register of the Copyright maintained in the Copyright Office of the Department of Education. The entry in Copyright Register serves as prima-facie evidence in the court of law.

2.15     Complete procedure of registration of a work is laid down in Copyright Rules, 1958. Some useful procedures are:

(a) Application to be made in prescribed form as prescribed in first schedule to the Rule.

(b) Separate Application should be made for registration of each work.

(c) Each application should be accompanied by requisite fee.

(d) The application should be signed either by – (i) by the applicant; (ii) by the advocate in whose favour, Vakalatnama or Power of Attorney is executed.

2.16          Fee structure for registration of a work under Copyright Act is incorporated in Second Schedule of the Copyright Rules 1958.

2.17         Copyright infringement: On infringement of the Copyright, the owner of the Copyright may take legal action against any person who infringes the copyright in the work. The owner is entitled to remedies by way of injunctions, damages etc.

2.18         Any person who knowingly infringes or abets the infringement of the copyright in any work commits criminal offence under Section 63 of the Copyright Act. The minimum punishment for infringement of copyright is imprisonment for six months with the minimum fine of Rs. 50,000/-. In case of second and subsequent conviction, the minimum punishment is imprisonment for one year and fine of Rs. 1,00,000/-

2.19        International Copyright: Copyrights of works of the countries mentioned in the International Copyright Order are protected in India, as if such works are Indian works. Copyright of nationals of countries who are members of the Berne Convention for the Protection of Literary and Artistic Works, Universal Copyright Convention and the TRIPS Agreement are protected in India through the International Copyright Order. The list of such countries is mentioned in the schedule of the International Copyright Order, 1999.

2.20       Copyright Board: Copyright Board is a quasi-judicial body which was constituted in September 1958. The jurisdiction of the Copyright Board extends to the all parts of India. It has a Chairman and two or more but not exceeding fourteen other members. The Chairman of the Board is of the level of a justice of a High Court.

2.21       Function of Copyright Board: The functions of Copyright Board are – (a) Adjudication of disputes pertaining to Copyright registration; (b) Assignment of Copyright; (c) Grant of Licence in respect of works withheld from public; (d) Hears cases in other miscellaneous matters instituted before it under the Copy Right Act, 1957. Meeting of the Board is held in five different zones of the country.

2.22        Copyright Enforcement Advisory Council: It was set up on 6^th of November 1991. It is setup to review the progress of enforcement of the Copyright Act periodically and to advise the Government regarding measures for improving the enforcement of the Act.

[3] Patent

3.1          Definition: Patent is defined as “a grant for an invention by the Government to the inventor in exchange for full disclosure of the invention”. In other words ‘A patent describes an invention for which the inventor claims its exclusive rights’. A patent is an exclusive right granted by law to applicants / assignees to make use of and exploit their inventions for a limited period of time (generally 20 years from filing).

3.2         The patent holder has the legal right to exclude others from commercially exploiting his invention for the duration of this period.

3.3         The patent system is designed to balance the interests of applicants / assignees (exclusive rights) and the interests of society (disclosure of invention).

3.4          Meaning of ‘Invention’ under Patent Law: As per Sec.2(1)(j) – Invention” means a new product or process involving an inventive step and capable of industrial application.

3.5         Any invention concerning with composition, construction or manufacture of a substance, of an article or of an apparatus or an industrial type of process can be patented.

3.6         Patent System in India: The Patent System in India is governed by the Patents Act, 1970 as amended by the Patents (Amendment) Act, 2005 and the Patents Rules, 2003, as amended by the Patents (Amendment) Rules 2006 effective from 05/05/2006.

3.7         Patent system in India is administered under the superintendence of the Controller General of Patents, Designs, Trademarks and Geographical Indications.

3.8        The Office of the Controller General functions under the Department of Industrial Policy and Promotion, Ministry of Commerce and Industry. There are four patent offices in India. The Head Office is located at Kolkata and other Patent Offices are located at Delhi, Mumbai and Chennai.

3.9        The Controller General delegates his powers to – (a) Sr. Joint Controller; (b) Joint Controllers; (c) Deputy Controllers and (d) Assistant Controllers. Examiners of patents in each office discharge their duties according to the direction of the Controllers.

3.10        The Patent Information system (PIS) at Nagpur has been functioning as patent information base for the users. The PIS maintains a comprehensive collection of patent specification and patent related literature, on a world-wide basis and provides technological information contained in patent or patent related literature through search services and patent copy supply services to various users of R&D establishments, Government offices, private industries, business, inventors and other users within India.

3.11        Jurisdiction of Patent office:  An applicant or first mentioned applicant in case of joint applicants can file application for patent at the appropriate Patent Office under whose jurisdiction he normally resides or has his domicile or has a place of business or the place from where the invention actually originated.

3.12        For the applicant, who is non-resident or has no domicile or has no place of business in India, the address for service in India or place of business of his patent agent determines the appropriate patent office where application for grant of patent can be filed.

3.13        The jurisdiction of Patent Office is tabulated as follows:

Office	Territorial Jurisdiction
Patent Office Branch, New Delhi	Haryana, Himachal Pradesh, Jammu & Kashmir, Punjab, Rajasthan, Uttar Pradesh, Uttrakhand, Delhi & Chandigarh.
Patent Office Branch, Mumbai	Maharashtra, Madhya Pradesh, Gujrat, , Goa, Chhattishgarh, Daman & Diu and Dadra & Nagar haveli
Patent Office Branch, Chennai	Andhra Pradesh, Karnataka, Kerala, Tamil Nadu & Pondicherry and Lakshadweep.
Patent Office Branch, Kolkata	Rest of India

3.14         The inventor may make an application, either alone of jointly with another, or his/her/their assignee or legal representative of any deceased inventor or his assignee under the Act. All information concerning application form and details of fee etc. may be known through the official website – inpindia.nic.in

3.15          Patentable invention: A new product or process, involving an inventive step and capable of being made or used in an industry. It means the invention to be patentable should be technical in nature and should meet the following criteria –

(a) Novelty: The matter disclosed in the specification is not published in India or elsewhere before the date of filing of the patent application in India.

(b) Inventive Step: The invention is not obvious to a person skilled in the art in the light of the prior publication/knowledge/ document.

(c) Industrially applicable: Invention should possess utility, so that it can be made or used in an industry.

3.16          Process of obtaining Patent: This process involves primarily two several steps – (a) Publication; (b) Examination.

3.17          Publication: Application is to be submitted to the jurisdictional office with all details as contained in the Act. The application is kept for process for 12 months from the date of filing. It can be withdrawn within 15 months. The application is published in the Patent Office journal just after 18 months from the date of filing of the application or the date of priority whichever is earlier with all details, designs, drawings etc. The application can be inspected by producing an application accompanied by prescribed fee for the same. After this process, the application is sent under Examination.

3.17         Examination of the application: An application for patent will not be examined if no request is made by the applicant or by any other interested person in prescribed form for the same with prescribed fee of Rs.2,500/- or Rs.10,000/- for natural person and other than natural person respectively, within a period of 48 months from the date of priority of the application or from the date of filing of the application, whichever is earlier.

3.18        If no request for examination of the application for patent has been filed within the prescribed period, the aforesaid application will be treated as withdrawn and, thereafter, application cannot be revived.

3.19        Application for patent, where request has been made by the applicant or by any other interested person, will be taken up for examination, according to the serial number of the requests received on the prescribed form. A First Examination Report (FER) stating the objections/requirements is communicated to the applicant or his/her/their agent according to the address for service ordinarily within six (06) months from the date of request for examination or date of publication whichever is later.

3.20        Application or complete specification should be amended in order to meet the objections/requirements within a period of 12 months from the date of First Examination Report (FER). No further extension of time is available in this regard. If all the objections are not complied with within the period of 12 months, the application shall be deemed to have been abandoned. When all the requirements are met the patent is granted, after 6 months from the date of publication, the letter of patent is issued, entry is made in the register of patents and it is notified in the Patent Office, Journal.

3.21          Term of Patent: Term of every patent will be 20 years from the date of filing of patent application, irrespective of whether it is filed with provisional or complete specification. Date of patent is the date on which the application for patent is filed. 3.22 The term of patent in case of International applications filed under the Patent Cooperation Treaty designating India, will be 20 years from the International filing date accorded under the Patent Cooperation Treaty. A patent will have cease to effect on the expiration of the period prescribed for the payment of any renewal fee, if that fee is not paid.

3.23        Renewal & Restoration: To keep the patent in force, Renewal fee is to be paid every year. The first renewal fee is payable for the third year and must be paid before the expiration of the second year from the date of patent. If the patent has not been granted within two years, the renewal fees may be accumulated and paid immediately after the patent is granted, or within three months of its record in Register of Patents or within extended period of 9 months, by paying extension fees of six month from the date of record. If the renewal fee is not paid within the prescribed time, the patent will cease to have effect. However, provision to restore the patent is possible provided application is made within 18 (eighteen) months from the date of cessation.

3.24        Renewal fee is counted from the date of filing of the Patent application. Six month’s grace time is available with extension fee for payment of renewal fee.

3.25        Restoration of lapsed patents: In case, a patent has ceased to have effect due to failure to pay the renewal fee within the prescribed period, the patentee or his/her/their legal representative can within 18 months from the date on which the patent ceased to have effect make an application in in prescribed form for restoration of the patent. If the Controller is satisfied that failure to pay the renewal fee was unintentional and that there has been no undue delay in the making of the application, then the patent will be restored.

3.26        Patent Agent: A Patent agent is a registered person with Indian Patent Office whose name is entered in the Patent Agent Register after being declared qualified the patent agent examination conducted by the patent office and who is entitled—

(a) to practice before the Controller; and

(b) to prepare all documents, transact all business and discharge such other functions as may be prescribed in connection with any proceeding before the Controller under this Act.

3.27        Infringement of Patent: The infringement of patent consists of the unauthorised making, importing, using, offering for sale or selling any patented invention within India.

3.28        Punishment: Imprisonment upto 2 years or fine or both.

[4] Trademark

4.1       A trade mark (popularly known as brand name) in Layman’s language is a visual symbol which may be a word signature, name, device, label, numerals or combination of colours used by one undertaking on goods or services or other articles of commerce to distinguish it from other similar goods or services originating from a different undertaking.

4.2        Trade Marks are distinctive symbols, signs, logos that help consumer to distinguish between competing goods or services. A trade name is the name of an enterprise which individualizes the enterprise in consumer’s mind. It is legally not linked to quality. But, linked in consumer’s mind to quality expectation.

4.3        Types of Trademark: The types of Trademarks are – Trademark, Servicemark, Collectivemark & Certification Mark.

4.4        Functions of Trademark: There are four prime functions of Trademark. These four functions are: (a) It identifies the good or services and its origion; (b) It guarantees its unchanged quality; (c) It advertises the goods or services or both; (d) It creates an image for the goods/services.

4.5        Trademark Law in India: Trademark is governed by – (a) The Trade marks Act, 1999; (b) The Trademarks Rules, 2002. The Trademark Act, 1999 protects the trademarks and their infringement can be challenged. The Act protects a trademark for goods/services on the basis of either use or registration or on the basis of both aspects.

4.6        Apply for Trademark: Any person claiming to be the proprietor of a trade mark used or proposed to be used by him/her may apply in writing in prescribed form for registration. The application should contain the trademark, the goods/services, name and address of applicant and agent (if any) with power of attorney, period of use of the mark and signature. The application should be in English or Hindi. It should be filed at the appropriate office under territorial jurisdiction.

4.7        A trade mark application should be filed at the appropriate office of the Registry within whose territorial limits, the principal place of business in India of the applicant is situated. I n the case of joint applicants, the principal place of business in India of the applicant will be that of the person whose name is first mentioned as having a place of business. If the applicant has no principal place of business in India, he should file the application at that office within whose territorial jurisdiction, the address for service in India given by him is located. No change in the principal place of business in India or in the address for service in India shall affect the jurisdiction of the appropriate office once entered.

4.8       The territorial jurisdiction for submission of application to obtain Trademark are tabulated below:

Office Address	Territorial Jurisdiction
Trade Marks Registry, Mumbai (Head Office) Intellectual Property Bhavan, Near Antop Hill Head Post Office, S.M. Road , Antop Hill, Mumbai 400037 Tel: 022-2410 1144, 24101177, 24148251, 24112211 Fax: 24120808, 24132295	Maharashtra, Madhya Pradesh & Goa
Trade Marks Registry, Delhi Intellectual Property Bhavan, Plot NO.32, Section 14, Dwarka, Delhi Tel. 011-28082915/ 16/17	Jammu & Kashmir, Punjab, Haryana, Uttar Pradesh, Himachal Pradesh, Union Territory of Delhi & Chandigarh.
Trade Marks Registry, Kolkata, CP-2, Sector V, 5th floor, I.P.Bhavan, Salt Lake, Kolkata700091 69 (Telfax. 033-23677311)	Arunachal Pradesh, Assam, Bihar, Orissa, West Bengal, Manipur, Mizoram, Meghalaya, Sikkim , Tripura and Union Territory of Nagaland, Andamar & Nicobar Islands.
Trade Marks Registry, Ahmedabad, 15/27 National Chambers, 1st floor, Ashram road, Ahmedabad – 380 009. Tel: 079-26580567	Gujarat and Rajasthan and Union Territory of Damman, Diu, Dadra and Nagar Haveli
Trade Marks Registry, Chennai IP building, GST Road, Guindy Chennai-600032 Tele: 044-22502041, Fax: 044-22502042	Andhra Pradesh, Kerala, Tamil Nadu, Karnataka and Union Territory of Pondicherry and Lakshadweep.

4.9        Any application for registration of Trademark should be filled and submitted in triplicate before the office of territorial jurisdiction with all required documents as per the Act & prescribed Rules accompanied by fee applicable for the same.

4.10        Trademark is registered as series in r/o the same or similar goods/services where the marks, while resembling each other in the material particulars thereof and differs in – (a) Statement of goods or services in relation to which they are respectively used or proposed to be used; or (b) Statement of number, price, quality or names of places; or (c) Other matter of a non-distinctive character which does not substantially affect the identity of the trade mark; or (d) Colour.

4.11        Period of Registration: The period of registration of a Trademark is 10 (Ten) years. Earlier, it was 7 (Seven) years. The period of 10 years is reckoned from the date of making the application which is deemed to be the date of registration. The same can be applied through E-filing.

4.12        Renewal: Registration can be renewed by making payment of prescribed renewal fees in all cases.

4.13       Offence: There are mainly two classes of offences relating to Trademark – (i) Falsification of Trademark; (ii) Falsely applying the trademark to goods or services.

4.14        Punishment: Imprisonment not less than 6 (six) months which may extend to 3 (three) years and a fine which shall not be less than Rs. 50,000/- and can extend to Rs. 2,00,000/-.

[5] Designs

5.1       Design: A design refers to the features of shape, configuration, pattern, ornamentation or composition of lines or colours applied to any article, whether in two or three dimensional or both forms.

5.2       Need for registration of Design: The registration of a design confers upon the registered proprietor the exclusive right to apply a design to the article in the class in which the design has been registered.

5.3       A registered proprietor of the design is entitled to a better protection of his intellectual property.  He/she can sue for infringement, if his/her right is infringed by any person.  He/ can license or sell his design as legal property for a consideration or royalty.

5.4       Registration initially confers this right for 10 (ten) years from the date of registration.  It is renewable for a further period of 05 (five) years. If the fee for extension is not paid for the further period of registration within the period of initial registration, this right will cease. However, there is provision for the restoration of a lapsed design if the application for restoration is filed within one year from the date of cessation in the prescribed manner.

5.3       Design Acts & Rules in India: The Designs Act, 2000 and the Designs Rules, 2001 presently govern the design law in India. The Act came into force on 25/05/2000 while the Rules came into effect on 11/05/2001.

5.4       Objectives of Design Act: The object of the Design Act to protect new or original designs so created to be applied or applicable to particular article to be manufactured by Industrial Process or means.

5.5       Requirements for registration of Design: Requirements for registration of any Design are as follows:

(a) Design should be new and original.

(b) The Design is not disclosed to the public anywhere by publication in tangible form or by use or in any other way prior to the filling date, or where applicable, the priority date of the application for registration.

(c) The design should be significantly distinguishable from known Designs or combination of known designs.

(d) The Design should not comprise or contain scandalous or obscene matter.

(e) The Design Not be a mere mechanical contrivance.

(f) The Design should be applied to an article and should appeal to the eye.

(g) The Design should not be contrary to public order or morality.

5.6       Exclusion from the scope of Design: Designs which are primarily, literary or artistic in character are not protected under the Design Act.  List of such character are as follows:

(a) Books, jackets, calendars, certificates, forms-and other documents, dressmaking patterns, greeting cards, leaflets, maps and plan cards, postcards, stamps, medals.

(b) Labels, tokens, cards, cartoons.

(c) Any principle or mode of construction of an article.

(d) Mere mechanical contrivance.

(e) Buildings and structures.

(f) Parts of articles not manufactured and sold separately.

(g) Variations commonly used in the trade.

(h) Mere workshop alterations of components of an assembly.

(i) Mere change in size of article.

(j) Flags, emblems or signs of any country.

(j) Layout designs of integrated circuits.

[6] Geographical Indications of Goods

6.1       The aspect of industrial property which refers to the geographical indication referring to a country or state or the place situated therein as being the country or the state or the place of origin of that product.

6.2       Geographical Indications of Goods relates to – (a) A product originates from a definite geographical territory; (b) it is used to identify Agricultural, Natural or manufactured goods; (c) The manufactured goods needs to be produced or processed in that territory; (d) It should have a special quality or reputation or other characteristics.

6.3       Basmati Rice, Muzaffarpur Lichi, Darjeeling Tea, Alphanso Mango, Nagpur Orange, Bhagalpuri Chaddar, Solapur Terry Towel etc. are example Indian Geographical Indications.

6.4       Acts & Rules:  (a) Geographical Indications of Goods (Registration & Protection) Act, 1999 and  (b) The Geographical Indications of goods (Registration & Protection) Rules, 2002 deal with  registration and better protection of Geographical Indications relating to goods.  The primary purpose of this Act is to provide legal protection to Indian Geographical Indications which in turn boosts export.

6.5       The registration of Geographical Indication is valid for a period of 10 (Ten) years.  It can be renewed from time to time for further a period of 10 (Ten) years on each occasion.  If it is not renewed, it is liable to be removed from the record register of registration.

6.6       Process of Registration:  For the purpose of registration, it is required to be applied in a prescribed form GI-IA to ID as per Rule 2002 with prescribed fee of Rs. 5000/- which is subject to change as per Government Order from time to time.  Such changes may be confirmed by visiting relevant website which is discussed in Para 11.

6.7       Signing of documents: Authority authorized to sign the registration documents are tabulated below:

S.No.	Description	Signing Authority
01	Partnership	One of the Partner preferably mentioned on top
02	Association of Persons, producers	Authorized to sign papers of Association.
03	(a) A Body Corporate (b) Any Organization; (c) Any Authority Established by or under any law.	Chief Executive or Managing Director or Secretary or other Principal Officer.

 6.8       An application for registration to registrar for Geographical Indication should contain a statement of user with an Affidavit.

6.9       Infringement: Its infringement results in – to falsely indicate certain goods/object originate from a geographical area other than the true/original place of origin in a manner to mislead the public for unfair competition and benefit.

[7]  Semiconductor Integrated Circuits Design

7.1       Semiconductor Integrated Circuit:  A product having transistors and other circuitry elements which are inseparably formed on a semiconductor material or an insulating material or inside the semi-conductor material and designed to performed an electronic circuitry function.

7.2       Layout Design: A layout of transistors and other circuitry elements that includes lead wires connecting such elements and expressed in any manner in semi-conductor integrated circuits.

7.3       The layout of transistors on the semiconductor integrated circuit or topography of transistors on the integrated circuit or topography of transistors on the integrated circuit determines the size of the integrated circuit as well as its processing power.   As a result, the layout design of transistors constitutes such an important and unique form of intellectual property substantially different from other forms of intellectual property.

7.4       Act & Rule: The Semiconductor Integrated Circuits Layout Design (SICLD) Act, 2000 guarantee protection regarding Semiconductor Integrated Circuits Designs. The main purpose of the Act is to provide for routes and mechanism for protection of IPR in Chip Layout Designs created and matters related to it.

7.5       The Semiconductor Integrated Circuit Layout-Design Act is administered by Ministry of Information Technology.  The SICLD Act is applicable for IC Layout Design and IPR application filed at the Registry in India.

7.6       SICLD Registry:  It is the office where the applications on Layout Designs of integrated circuits are filed for registration of created IPR.  The Registry has jurisdiction across the country.

7.7       Duration of Registration:  Duration of the registration is 10 (Ten) years.   A period of 10 (Ten) years is counted from – (a) from the date of filing an application for registration; (b) from the date of first commercial exploitation anywhere in India or any convention country or country specified by Government of India whichever is earlier.

 7.8       Penalty: On infringement of rights of a registered proprietor of a layout-design is treated as criminal offence under the Act.  Such infringement is punishable  for a term that may extend to 03 (three) years or fine which shall not be less than
Rs. 50,000/- but may extend to Rs. 10,00,000/- (One Million) or both.

In case of falsely represent a layout-design as registered, this offence is punishable with imprisonment with a term that may extend to 06 (Six) months or with fine which may extend to Rs. 50,000/- or both.

[8]  Biological Diversity

8.1       Biological Diversity:  According to Section 2(b) of the Biological Diversity Act, 2002, Biological Diversity means the variability among living organisms from all sources and the ecological complexes of which they are part and includes diversity within species or between species and of eco-systems.

8.2       Biological Diversity relets to genetic resources and associated knowledge by foreign individuals, institutions or companies to ensure equitable sharing of benefits arising out of the use of these resources.

8.3       The ownership of IPR associated with exploitation of Biodiversity is protected like other IPR.

8.4       Act & Rule:  Biological Diversity IPR is regulated by The Biological Diversity Act 2002 and The Biological Diversity Rules, 2004.   The Act provides three tier structure for regulation and access to Biological Diversity – (a) National Biodiversity Authority (NBA); (b) State Biodiversity Boards (SSB) & (c) Biodiversity Management Committees (BMCs).

8.5       National Biodiversity Authority (NBA):  All matters relating to requests for access by foreign individuals, institutions or companies, and all matters relating to transfer of results of research to any foreigner will be dealt with this body.

8.6       Government of India established a body by exercising power conferred in Section 8(1) of the Biological Diversity Act 2002.  It came into force w.e.f. 01/10/2003.

8.6       State Biodiversity Boards (SSB): All matters relating to access by Indians for commercial purposes will be under the purview of the SSB.  The Indian industry will be required to provide prior intimation to the concerned SSB about the use of biological resources.   It has the power to restrict any such activity which violates the objectives of conservation, sustainable use and equitable sharing of benefits.

8.7       Biodiversity Management Committees (BMCs): It is set up by Institutions of local self-government in their respective areas for conservation, sustainable use, and documentation of biodiversity and chronicling of knowledge relating to biodiversity.  NBA & SSB are required to consult the concerned BMCs on matters related to use of biological resources and associated knowledge within their jurisdiction.

[9] Protection of Plant Varieties & Farmer Rights

9.1       Plant Varieties:  A Plant Variety represents a more precisely defined group of plants, selected from within a species, with a common set of characteristics.   According to the Act, the term ‘variety’ means a plant grouping except microorganism within a single botanical taxon of the lowest known rank.

9.2       To provide an effective system for protection of plant varieties, the rights of farmers and plant breeders and to encourage the development of new varieties of plants, a separate Authority is set up as per the Act and as a result, The Protection of Plant Varieties and Farmers’ Rights Authority was established.

9.3       Act & Rule: The Protection of Plant Varieties and Farmers’ Right Act, 2001 deals with Protection of Plant Varieties and Farmers’ Rights.

9.4       Objectives of Act: The main objectives of the Protection of Plant Varieties and Farmers’ Right Act, 2001 are given as follows:

(a) to establish an effective system for protection of plant varieties, the rights of farmers and plant breeders and to encourage the development of new varieties of plants;

(b)  to recognize and protect the rights of the farmers in respect of their contribution made at any time in conserving, improving and making available plant genetic resources for the development of new plant varieties;

(c) to protect plant breeders’ rights to stimulate investment for research and development both in the public and private sector for development of new plant varieties;

(d) to facilitate the growth of seed industry in the country that will ensure the availability of high quality seeds and planting material to the farmers.

9.3       Duration of Protection of a registered plant variety:  The duration of protection of registered varieties is different crops which are as follows:

S.No.	Description	Duration
(a)	For trees and vines	18 years
(b)	For other crops	15 years
(c)	For extant varieties	15 years from the date of notification of that variety by the Central Government u/s 5 of the Seeds Act, 1966

9.4       Registration of a plant variety gives protection only in India and confers upon the rights holder, its successor, agent, or licensee the exclusive right to produce, sell, market, distribute, import, or export the variety.

9.5       Application for registration under the Act can be made by any of the following persons –

(a) Any person claiming to be the breeder of the variety;

(b) Any successor of the breeder of the variety;

(c) Any person being the assignee or the breeder of the variety in respect of the

right to make such application;

(d) Any farmer or group of farmers or community of farmers claiming to be breeder

of the variety;

(e)  Any person authorized to apply on behalf of farmers; or

(f) Any university or publicly funded agricultural institution claiming to be breeder   of the variety.

9.5       The criteria for registration of new variety are – (i) Novelty; (ii) Distinctiveness; (iii) Uniformity; (iv) Stability as defined under the Act.

9.6       Novelty: A variety is deemed to be novel if at the date of filing, the propagating and harvested material of such variety has not been sold or otherwise disposed of.

9.10     Distinctiveness: A new variety is deemed distinct if it is clearly distinguishable by at least one essential characteristic from any other variety at the time of filing of the application.

9.11     Uniformity: A new variety is deemed uniform if the particular features of its propagation is sufficiently uniform in its essential characteristics.

9.12     Stability: A new variety is deemed stable if its essential characteristics remain unchanged after repeated propagation or, in case of particular cycle of propagation, at the end of each cycle.

9.13     Plant Authority (PPV & FR Authority): Central Government established Protection of Plant Varieties & Farmers’ Rights Authority under Ministry of Agriculture to administer the various provisions of the Act and take measures to promote the development of new varieties of plants and to protect the rights of the farmers and breeders.

9.14     Central Government also established the Plant Varieties Registry which shall be located in the head office of the Authority.

9.15     The Authority is empowered to appoint a Registrar General of plant varieties and other Registrars for the purpose of registration of plant varieties.

[10]  World Intellectual Property Organization (WIPO)

10.1     The World Intellectual Property Organization (WIPO) is one of the 17 specialized agencies of the United Nations, located in Geneva, Switzerland.

10.2     The WIPO has external offices at – (a) Rio de Janeiro in Brazil; (b) Tokyo in Japan; (c) Singapore and (d) New York.

10.3     The mission of WIPO is to promote innovation and creativity for the economic, social and cultural development of all countries, through a balanced and effective international intellectual property system.

10.4     WIPO is an intergovernmental organization that became in 1974 one of the specialized agencies of the United Nations system of organizations.

10.5     WIPO currently has – (i) 185 Member States; (ii) 68 Intergovernmental Organizations (IGOs); (iii) 232 International Non-Governmental organizations (NGOs); (iv) and 63 National NGOs that are accredited international bureau.

10.6     The main asks of WIPO are – (a)    Working with Member States to support a balanced evolution of international IP law; (b) Administering treaties; (c) Assisting Governments and Organizations in developing the policies, structures and skills needed to harness the potential of IP for economic development. (d) Servicing global registration systems for trademarks industrial designs and appellations of origin and a global filing system for patents; (e) Delivering arbitration, mediation and other dispute resolution services; (f) promoting respect for IP; (g) Providing a forum for informed debate and for the sharing of IP knowledge; (h) Identifying IP-based solutions that can help confront global challenges and maximize the benefits of the IP system for all.

10.7     Strategic goal of WIPO: As per WIPO revised programme and Budget for the year 2008 – 09 are as follows:

(a) A balanced evolution of the international normative framework for IP; (b) Provision of premier global IP services; (c) Facilitating the use of IP for development; (d) Coordination and development of global IP infrastructure;  (e) World reference source for IP information and analysis; (f) International cooperation on building respect for IP; (g) Addressing IP in relation to global policy issues; (h) A responsive communications interface between WIPO, its Member States and all stakeholders; (i) An efficient administrative and financial support structure to enable WIPO to deliver its programmes.

10.8     Working of WIPO: WIPO’s Member States determine the strategic direction and activities of the Organization.  They meet in the Assemblies, committees and working groups.

10.9     WIPO staff, drawn from more than 90 countries, includes experts in diverse areas of IP law and practice, as well as specialists in public policy, economics administration and IT.

10.10   The respective divisions of the Secretariat are responsible for coordinating the meetings of Member States and implementing their decisions; for administering the international IP registration systems; for developing and executing the programs designed to achieve WIPO’s goals; and for providing a repository of IP expertise to assist its members.

10.11   WIPO has to present a program and a budget in every 2 years about performance measures, budget planning for all the events of the organization which requires approval of Member State.

10.12   It is a self-financing organization and its funds are majorly used for organizing events.

10.13   WIPO Arbitration and Mediation Centre was created in 1994 for the settlement of international commercial disputes arising between private parties located in Geneva, Switzerland and it has an office in Singapore.

[11] Intellectual Property Appellate Board (IPAB)

 11.1     Intellectual Property Appellate Board was constituted by the Central Government under the Ministry of Commerce and Industry on 15/09/2003 to hear appeals against the decisions of the Registrar under the Trade Marks Act, 1999 and the Geographical Indications of Goods (Registration and Protection) Act, 1999.

11.2     The Intellectual Property Appellate Board has its headquarters at Chennai and will have sittings at Chennai, Mumbai, Delhi, Kolkata and Ahmedabad.

11.3     In terms of the Notifications No.12/15/2006-IPR-III dated 2/4/2007 issued by the Ministry of Commerce & Industry, the provisions of the Patent Amendment Act, 2002 and the Patents  Amendment Act, 2005, relating to the Intellectual Property Appellate Board were brought into force. As a result, all the appeals pending before the various High Courts will stand transferred to the IPAB. Likewise, fresh Rectification Applications under the Patents Act, 1970, will have to be filed before the Appellate Board.

[12]  Important Websites

12.1        To deal with all kind of IPR some important websites are available. By the help of such websites, execution of IPR activities can be made easily.

12.2        Some important websites are as follows:

www.ipindia.nic.in – Intellectual Property Office, India

www.patentoffice.nic.in – Patent office, India

http://copyright.gov.in/ – Copyright Office, India

ipr.icegate.gov.in – Automated Recordation & Targeting for IPR Protection http://www.icegate.gov.in- E- Commerce portal of Central Board of Excise and Customs.

www.ipab.tn.nic.in – Intellectual Property Appellate Board, India

www.mit.gov.in – Department of Information Technology, India https://www.mit.gov.in/content/office– semiconductor-integrated-circuits-layout-designregistry – Semiconductor Integrated Circuits Layout-Design Registry (SICLDR)

www.plantauthority.gov.in – Plant Varieties and Farmers’ Rights Authority, India http://nbaindia.org/ – National Biodiversity Authority

www.nipo.in – The Indian IPR Foundation

www.wipo.int – World Intellectual Property Organisation

http://www.wto.org – World Trade Organisation

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