INTELLECTUAL

PROPERTY RIGHTS
Varsha Oleti Richa Mishra Nimeshee Singh Kunjika Yadav Gitika Awasthi

An Introduction
Intellectual property refers to creations of the mind: inventions; literary and artistic
works; and symbols, names and images used in commerce. Intellectual property is
divided into two categories.
Industrial Property includes patents for inventions, trademarks, industrial designs and
geographical indications.
Copyright covers literary works (such as novels, poems and plays), films, music, artistic
works (e.g., drawings, paintings, photographs and sculptures) and architectural
design.

A Brief History
The importance of intellectual property was first recognized in the Paris Convention
for the Protection of Industrial Property (1883) and the Berne Convention for the
Protection of Literary and Artistic Works (1886). Both treaties are administered by the
World Intellectual Property Organization (WIPO).

More on IPR
Intellectual property rights are like any other property right. They allow creators, or
owners, of patents, trademarks or copyrighted works to benefit from their own work,
or investment in a creation.
These rights are outlined in Article 27 of the Universal Declaration of Human Rights,

which provides for the right to benefit from the protection of moral and material
interests resulting from authorship of scientific, literary or artistic productions.

GEOGRAPHICAL
INDICATION

Geographical Indication
A geographical indication is a sign used on products that have a specific
geographical origin and possess qualities or a reputation that are due to that origin.
Cognac, Scotch, Porto, Havana, Tequila and Darjeeling are some wellknown examples of names associated throughout the world with products of a

certain nature and quality, known for their geographical origin and for having
characteristics linked to that origin.

How It Works
Most commonly, a GI consists of the name of the place of origin of the good, such as
Jamaica Blue Mountain or Darjeeling. But non-geographical names, such as Cava
or Argan Oil, or symbols commonly associated with a place, can also constitute a GI.

whether a sign functions as a GI is a matter of national law and consumer perception.

In order to work as a GI, a sign must identify a product as originating in a given place.
In addition, the qualities or reputation of the product should be due to the place of

origin. Since the qualities depend on the geographical place of production, there is a
LINK between the product and its original place of production.

What Are GIs Applicable On?

Agricultural products typically have qualities that derive from their place of production
and are influenced by specific local, geographical factors such as climate and soil.
Although a majority of GIs throughout the world are applied to agricultural products,
foodstuffs, wine and spirit drinks, the use of GIs is not limited to agricultural products.
A GI may also highlight specific qualities of a product that are due to human factors
found in the products place of origin, such as specific manufacturing skills and
traditions.

An Example
Roquefort identifies a characteristic blue cheese made in a region in France, around
the municipality of Roquefort-sur-Soulzon. The cheese is smooth and compact, with
even blue veins, a very distinctive aroma, slight scent of mould and a fine, robust taste.

It is made from raw, whole sheeps milk from the Lacaune breed. Before it is pressed,
the raw cheese is cultured with spores of penicillium roqueforti. It is then aged for at
least 14 days in natural caves in the foothills of the calcareous cliffs in the region. Aging

continues outside the natural caves for at least 90 days from the date of its
manufacture.

GI as a Link
The characteristics of the milk obtained from indigenous breeds of sheep fed
according to tradition, the characteristics of the caves in which the cheese is aged
and the traditional know-how used in each step of the cheese-making process give

Roquefort its unique features and taste.

TRADEMARKS

What is a Trademark?
A symbol, word, or words legally registered or established by use as representing a company or
product.
'TM' stands for Trademark and 'SM' stands for Servicemark. The use of TM and SM symbols notifies
the public that the company is claiming exclusive ownership of the trademark and can
generally be used by one who has filed a trademark application.
The symbol, can be used only once the trademark is registered and the registration
certificate is issued. Also, you may use the registration symbol only in connection with the goods
and/or services in respect of which the trademark is registered.

Registration of Trademark
The trademark is initially registered for a period of 10 years, which is calculated from the date of
filing of the application and in case of convention application, from the date of priority. The
registration is required to be renewed within 6 months before the date of expiry of the
registration, i.e., 10 years from the date of the application or subsequent renewals. The failure in
renewing the trademark within the stipulated period of time and a grace period of maximum 1
year granted for restoration of the trademark, automatically leads to removal of the trademark
from the Register of Trademarks.

Can You Guess?

Case 1Who: Harley Davidson
What it wanted to trademark: The sound of a revving engine

Case 2
Who: Twitter
What it wanted to trademark: "Tweet"

Case 3 Who: Paris Hilton

What she wanted to trademark: "That's hot"

PATENTS

What is a Patent?
A Patent is a set of exclusive rights granted by a sovereign state to an inventor or assignee for
a limited period of time in exchange for detailed public disclosure of an invention.
An invention is a solution to a specific technological problem and is a product or a process.
Patents are a form of intellectual property.

Functions of a Patent
Protection: A patent allows the patent holder to exclude others from commercially
exploiting the invention covered by the patent and as specified in the claims in a
certain country or region in which the patent was granted and for a specific period of

time, generally not exceeding 20 years from the filing date.

Disclosure: The publication of a patent and in many countries patent applications give
the public access to information regarding new technologies in order to stimulate
innovation and contribute to economic growth.

Filing Process
Patent filing routes
National
Regional
International

Process
Filing
Formal examination
Prior art search
Publication

Substantive examination
Grant/refusal
Opposition

Appeal

Why Use Patents?

Avoid duplicating research and development effort.
Determine the patentability of their inventions.
Avoid infringing other inventors patents.
Estimate the value of their or other inventors patents.
Exploit technology from patent applications that have never been granted, are not valid in certain countries, or from patents
that are no longer in force.
Gain intelligence on the innovative activities and future direction of business competitors.

Improve planning for business decisions such as licensing, technology partnerships, and mergers and acquisitions.
Identify key trends in specific technical fields of public interest such as those relating to health or to the environment and
provide a foundation for policy planning

Case Study
Apple v. Samsung
Apple sued Samsung for violating four patents. Apple won the case but the money
awarded was less than 5% of what Apple wanted ($119.6 million).
Apple was found to have infringed two of Samsungs patents and a $158,000
compensation was given. Most importantly, Apple was unsuccessful in preventing
Samsung from selling the infringing devices in the US. Apple has court cases pending
against Samsung and other smartphone makers in countries around the world.
It may have technically beat Samsung in the US, but the small damages awarded are
clearly more of a win for Samsung than for Apple.

Thank You