INTELLECTUAL PROPERTY

REGIME
Introduction

CONCEPT OF IPR

WHAT IS INTELLECTUAL
PROPERTY?

Patents, Copyrights, Trademarks and Trade

secrets?
Designs Rights?
Patent and Copyright Law- more popularly
known
Intellectual Property more recent ?

SOME DEFINITIONS

Davoll v Brown 7 F. Cas. 197 (C.C.D. Mass.)

(1845)
the

labors of the mind

as much as a mans own... As what he cultivates, or
flocks he rears (p199)

Legal and Institutional Devices to protect

creations of the mind Dutfield (2003)

CONVENTION ESTABLISHING THE

WORLD INTELLECTUAL PROPERTY
ORGANISATION 1967

intellectual property shall include the rights

relating to:

literary, artistic and scientific works,

performances of performing artists, phonograms, and
broadcasts,
inventions in all fields of human endeavor,
scientific discoveries,
industrial designs,
trademarks, service marks, and commercial names
and designations,
protection against unfair competition,
and all other rights resulting from intellectual activity
in the industrial, scientific, literary or artistic fields.

COMMON THREAD

Establish property protection in Intangible

subject matter
Ideas

Inventions
Signs

Information

Distinct from Property rights in Tangible goods

HISTORY OF
INTELLECTUAL PROPERTY
Territorial

HISTORICAL DEVELOPMENT

Click icon to add picture

Patent No 1 issued
on July 13th 1836

ORIGINS- PATENT LAW

Venetian 1474
English- Royal Grants and inventor Privileges

Statute

of Monopolies 1623-1624
Patent law Amendment Act 1852
Patents, Designs and Trade Marks Act 1883

France 1791

US Patent Law since 1790

IN THE US

To implement Art 1 Section 8 of Constitution

Congress

shall have power ... to promote the progress

of science and useful arts by securing for limited
times to authors and inventors the exclusive right to
their respective writings and discoveries.

Patent Act 1793

confined

to citizens of the United States.

1800-allowed Foreigners resident for two years

1836-1897 Some Major review
Present Law
Basic structure 1952

PATENTS IN INDIA

Act of 1856 - Protection for inventions

Based

on the British Patent Law of 1852

Substituted by Act of 1859

Consolidated to protect designs

The

Patterns and Designs Protection Act under Act

XIII of 1872.

In 1888, an Act was introduced to consolidate

and amend the law relating to invention and
designs in conformity with the amendments
made in the U.K. law

1911 - The Indian Patents & Designs Act

Product

patents / composition of matter patents

available

Act amended in 1950- Act XXXII of 1950

1972 - The Patents Act came into force on April
20, 1972

Only

process patents in pharmaceuticals,

agrochemicals and food
Term 5 years from date of grant or 7 years from
date of application, whichever was earlier

ORIGINS COPYRIGHT

COPY RIGHT IN ENGLAND

Advent of printing Press
Invention by Gutenberg of Movable Type in
Germany
Printing Press introduced in England by Caxton
Royal proclomations Marys in 1555-56

Regulated

trade of books
Controlled the press

The Statute of Anne 1709-1710

1833 extended copyright to dramatic works
1842- musical works
Copyright Act 1911 and 1956
CDPA 1988

COPYRIGHT IN US

Copyright Act of 1970

An

act for the encouragement of learning by securing

the copies of maps, charts, and books, to the authors
and proprietors of such copies, during the times
therein mentioned

Amended in 1831, 1909,1976

Sonny Bono Copyright Term Extension Act of
1988
Digital Millennium Copyright Act 1998
Family Entertainment and Copyright of 2005
Title 17 of the United States Code

COPYRIGHT IN INDIA

TRADE MARK
Roots in historical practices
is one of the oldest of established human practices.

branding of cattle and animals,

to distinguish the ownership of one individuals cattle from
the cattle of the others by branding the cattle with certain
colours or signs or by cutting the cattle ears in certain shapes.

In mediaeval times,
the

advent of trade and the introduction of guild marks.

Statutory regulations required each guild group to affix a
certain mark to all examples of a certain product.
Identify the source and origin of the goods

The industrial revolution

Emergence

of the modern use of trademarks as a source and

origin identifier

ORIGINS TRADE MARKS

OTHER RELATED RIGHTS

INDUSTRIAL DESIGN RIGHT

UTILITY MODEL/ PETTY PATENT

PLANT BREEDERS RIGHTS/

PLANT VARIETY PROTECTION

SEMI CONDUCTORS AND LAYOUT

DESIGN

GEOGRAPHICAL INDICATIONS

TRADITIONAL KNOWLEDGE DEBATE

AND BIO PIRACY

Traditional Knowledge,
knowledge

which is
- generated, preserved and transmitted between
generations in a traditional context;
- distinctively associated with the community which
preserves and transmits it; and
- perceived as Traditional Knowledge in the
community.
(WIPO)

However

the understanding changes with Country ,

Community and context

PROTECTION OF TRADITIONAL KNOWLEDGE,

FOLKLORE AND GENETIC RESOURCES
WIPOs Intergovernmental Committee on Intellectual
Property and Genetic Resources, Traditional Knowledge
and Folklore
India
Biodiversity Act 2002
The Patent Amendments Act of 2005
Traditional Knowledge Digital Library
Drugs and Cosmetics Act, 1940
European Directive 2004/24 as Regards Traditional Herbal
Medicinal Products

European Directive 2006/509 on Traditional Specialities

Guaranteed
Register on Traditional Knowledge in agricultural products
and food- Austria

INTERNATIONAL PERIOD

BILATERAL AGREEMENTS

UK and US Piracy experiences Copyright

USA- Copyright protection only to its Citizens

UK Strategy of Reciprocity
1838

and 1844 Act

MULTILATERAL- SOME ATTEMPTS

Paris Convention of 1883

Union

Berne Convention of 1886

Union

for protection of Industrial Property

for the protection of literary and artistic works

United International Bureaux for the Protection

of Intellectual property (BIRPI) 1893
World Intellectual Property Organisation (WIPO)
1967
Specialised

agency of the UN in 1974

HARMONISATION OF
INTELLECTUAL PROPERTY
Slow process
Linking IP to Trade
Ministerial Meeting Sept 1986
Urugay Round of trade talks

Included

Intellectual property as a negotiating issue

Agreement Establishing the World Trade

Organisation
TRIPS Agreement

POST- TRIPS

Beginning of Global Property Epoch

TRIPS binding on all members of WTO

Incorporates other IP conventions by reference

Common and enlarged set of IP standards

SUMMARY