Intellectual Property Law CODE NO.

1002

UNIT-I

Intellectual Property Law

I. Introduction to Intellectual Property Law in India:

• Intellectual Property (IP) refers to creations of the mind, such as inventions, literary
and artistic works, designs, symbols, names, and images used in commerce.

• Intellectual Property Law in India aims to protect and promote various forms of
intellectual creations, encouraging innovation, creativity, and economic growth.

II. Types of Intellectual Property Rights (IPRs):

A. Patents: - Patents grant exclusive rights to inventors for their inventions, providing
them with a monopoly over the commercial exploitation of their inventions. - Example: A
pharmaceutical company invents a new drug formulation and obtains a patent,
allowing them exclusive rights to produce and sell the drug for a specified period.

B. Copyrights: - Copyrights protect original literary, artistic, musical, and dramatic works,
including books, films, songs, software, and architectural designs. - Example: An author
writes a novel and holds the copyright, which grants them the sole right to reproduce,
publish, or adapt the work.

C. Trademarks: - Trademarks protect distinctive signs, symbols, logos, or words used to

distinguish goods or services of one enterprise from others in the market. - Example: A
company creates a unique logo and registers it as a trademark, preventing others from
using a similar logo that may cause confusion among consumers.

D. Industrial Designs: - Industrial designs protect the visual appearance of a product,

including its shape, configuration, pattern, or ornamentation. - Example: A furniture
designer creates a unique chair design and obtains industrial design protection,
preventing others from copying or imitating the design.

E. Geographical Indications (GIs): - GIs protect products originating from a specific

geographical region, possessing qualities, reputation, or characteristics attributable to
that origin. - Example: Darjeeling Tea, a tea variety originating from the Darjeeling region
in India, is protected as a Geographical Indication to prevent misuse of the name by
non-authentic producers.

III. Registration and Protection of Intellectual Property:

A. Registration Process: - Patents, trademarks, and industrial designs require registration

with the respective intellectual property offices for legal protection. - Copyrights and GIs
are protected automatically upon creation or recognition, without mandatory
registration.

B. Duration of Protection: - Patents: Generally, 20 years from the filing date. - Copyrights:
Typically, the author's lifetime plus 60 years. - Trademarks: Initially valid for ten years,
renewable indefinitely for successive periods. - Industrial Designs: Initially valid for ten
years, extendable for another five years. - GIs: No fixed duration; protection can be
maintained as long as the product maintains its characteristics.

IV. Enforcement of Intellectual Property Rights:

A. Civil Remedies: - Infringed parties can seek civil remedies such as injunctions,
damages, accounts of profits, and delivery or destruction of infringing goods.

B. Criminal Enforcement: - Intellectual property infringement is a criminal offense,

leading to imprisonment and/or fines.

C. Border Measures: - Customs authorities have the power to detain and seize goods
suspected of infringing intellectual property rights at ports of entry.

D. Alternative Dispute Resolution (ADR): - Mediation and arbitration can be used to

resolve intellectual property disputes outside traditional court proceedings.

V. International Treaties and Obligations:

• India is a signatory to various international treaties, such as the Berne Convention,

Paris Convention, and Agreement on Trade-Related Aspects of Intellectual
Property Rights (TRIPS).

Concept of Property vis-a-vis Intellectual Property,

The concept of property in relation to intellectual property (IP) involves the recognition
and protection of certain rights and interests in intangible creations of the mind. Here's
a detailed explanation of the concept of property vis-à-vis intellectual property:

1. Tangible Property vs. Intellectual Property:

• Tangible property refers to physical objects that can be owned, possessed,

and transferred, such as land, buildings, and personal belongings.

• Intellectual property, on the other hand, relates to intangible creations of the

human intellect and encompasses inventions, literary and artistic works,
designs, symbols, and trade secrets.

2. Rights and Ownership:

• Similar to tangible property, intellectual property grants certain rights and

ownership to creators or owners of intellectual creations.
 • Intellectual property rights (IPRs) provide exclusive rights and control over
the use, reproduction, distribution, and commercial exploitation of the
protected creations.

3. Creation and Value:

• Tangible property typically involves the allocation of physical resources,

whereas intellectual property involves the allocation of ideas, innovations,
and artistic expressions.

• Intellectual property creates value through creativity, innovation, and

cultural expression, contributing to economic growth and societal
development.

4. Legal Framework:

• Intellectual property is protected and governed by legal frameworks,

including national laws, international treaties, and agreements.

• These legal frameworks establish the rights and obligations of creators,

owners, and users of intellectual property, ensuring a balance between the
interests of creators and public access to knowledge and innovation.

5. Exclusive Rights:

• Intellectual property grants exclusive rights to creators or owners, allowing

them to prevent others from using, copying, or exploiting their creations
without permission.

• These exclusive rights incentivize creators and provide them with an

opportunity to benefit from their creative efforts, encouraging innovation
and investment in research and development.

6. Limited Duration:

• Unlike tangible property, intellectual property rights have limited durations.

• The duration of protection varies depending on the type of intellectual

property. For example, patents are typically protected for a fixed period (e.g.,
20 years), while copyright protection generally lasts for the creator's lifetime
plus a certain number of years.

7. Balance of Interests:

• Intellectual property laws aim to strike a balance between the rights of

creators and the interests of the public.
 • While intellectual property grants exclusive rights, it also recognizes the
need for fair use, limitations, and exceptions to promote public access,
education, research, and other societal benefits.

8. Intellectual Property as a Social and Economic Asset:

• Intellectual property plays a significant role in the modern knowledge-

based economy.

• It serves as an asset that can be licensed, sold, or used as collateral,

enabling creators and businesses to monetize their innovations, creations,
and brands.

Examples:

• A software developer holds intellectual property rights over a computer program

they have created, allowing them to control its use, distribution, and modification.

• A fashion designer owns intellectual property rights over their unique clothing
designs, enabling them to prevent others from copying or producing similar
designs without authorization.

OR

The concept of property and intellectual property in India is similar to that in other
countries. Property refers to tangible assets, such as land, buildings, and other physical
objects, while intellectual property refers to intangible creations of the mind, such as
inventions, literary and artistic works, and trademarks.

In India, Intellectual Property Law provides legal protection to creators of intellectual

property, giving them exclusive rights to their creations and preventing others from
using, copying, or distributing their work without permission. The key forms of intellectual
property protection in India are patents, trademarks, copyrights, and designs.

Patents: In India, a patent is granted for a new invention or process that has industrial
applicability. The patent owner has the exclusive right to manufacture, use, and sell the
invention for a certain period. The patent system is regulated by the Indian Patent Act of
1970, which provides the legal framework for patent registration and protection in India.

Trademarks: A trademark is a unique symbol, word, or phrase used to identify a

company's products or services. In India, trademarks are regulated by the Trade Marks
Act, 1999, which provides for the registration and protection of trademarks in India. A
trademark owner has the exclusive right to use the mark and prevent others from using
a similar mark that could cause confusion among consumers.
Copyrights: In India, copyright protection is granted to original literary, artistic, musical,
or dramatic works. The Copyright Act, 1957, provides the legal framework for copyright
registration and protection in India. The copyright owner has the exclusive right to
reproduce, publish, and sell the work and prevent others from using the work without
permission.

Designs: In India, design protection is granted to the original and new design of an article
that has industrial applicability. The Design Act, 2000, provides the legal framework for
design registration and protection in India. The design owner has the exclusive right to
use the design and prevent others from using the same or similar design without
permission.

In summary, the concept of property and intellectual property in India is similar to that
in other countries. Intellectual property protection is crucial for creators of intellectual
property, and various forms of legal protection are available, including patents,
trademarks, copyrights, and designs.

Basic concepts of Intellectual Property Law,

some basic concepts of Intellectual Property Law:

1. Intellectual Property (IP): Intellectual Property refers to creations of the mind, such
as inventions, literary and artistic works, and symbols, names, images, and designs
used in commerce. Intellectual Property Law is concerned with the legal
protections granted to individuals or companies for their IP.

2. Patent: A patent is a legal protection granted to inventors for their inventions,

giving them the exclusive right to manufacture, use, and sell the invention for a
certain period. Patents encourage innovation by providing inventors with financial
incentives to continue inventing.

3. Trademark: A trademark is a unique symbol, word, or phrase used to identify a

company's products or services. Trademark Law provides legal protection to the
owner of the mark, giving them the exclusive right to use the mark and prevent
others from using a similar mark that could cause confusion among consumers.

4. Copyright: Copyright protection is granted to original literary, artistic, musical, or

dramatic works. Copyright Law provides legal protection to the owner of the work,
giving them the exclusive right to reproduce, publish, and sell the work and prevent
others from using the work without permission.

5. Trade Secret: A trade secret is a confidential business information that is not

generally known or readily available to the public. Trade Secret Law provides legal
protection to the owner of the trade secret, giving them the exclusive right to use
 the information and prevent others from using or disclosing the information
without permission.

6. Infringement: Infringement refers to the unauthorized use, copying, or distribution

of intellectual property without permission from the owner. Infringement of
intellectual property rights can lead to legal action, including damages and
injunctions.

7. Licensing: Licensing refers to the permission given by the owner of intellectual

property to another person or company to use the IP. Licensing agreements often
involve payment of royalties or other compensation to the owner of the IP.

In summary, Intellectual Property Law covers various forms of legal protection for
intellectual property, including patents, trademarks, copyrights, and trade secrets.
Infringement of these rights can lead to legal action, and licensing agreements provide
a way for owners of IP to profit from their creations.

Nature of Intellectual Property,

The nature of Intellectual Property (IP) is intangible, meaning it cannot be physically

touched or seen. IP refers to creations of the mind, such as inventions, literary and artistic
works, and symbols, names, images, and designs used in commerce. The main
characteristic of IP is that it is the result of human creativity and innovation.

Unlike physical property, such as land or buildings, IP is not physical in nature and can
be easily replicated or shared without necessarily diminishing the original creation. This
makes it difficult to protect and enforce IP rights, as it is not always easy to determine if
someone has infringed on an IP right.

Another characteristic of IP is that it can be valuable to its owner, particularly in

commercial or business contexts. A company's brand, for example, can be a valuable
asset that distinguishes its products or services from those of its competitors. Patents
can also provide significant value to their owners by allowing them to prevent others
from using their invention.

IP rights are also generally considered to be a limited monopoly granted to the owner of
the IP, providing them with exclusive rights to use and exploit their creation for a limited
period. This encourages innovation by providing financial incentives to continue
creating.

Overall, the nature of Intellectual Property is intangible and the result of human creativity
and innovation. It can be valuable to its owner and is generally considered a limited
monopoly providing exclusive rights for a limited period.

OR
The nature of intellectual property (IP) encompasses its characteristics and
fundamental attributes. Here are key aspects that define the nature of intellectual
property:

1. Intangible and Non-Physical:

• Intellectual property refers to intangible creations of the mind, existing in the

form of ideas, concepts, knowledge, inventions, artistic works, designs, and
brands.

• Unlike tangible property, which can be physically possessed or touched,

intellectual property exists in the realm of intangible assets.

2. Exclusive Rights:

• Intellectual property grants exclusive rights and control to creators or

owners of the protected creations.

• These exclusive rights enable creators to prevent others from using, copying,
or exploiting their intellectual creations without permission or proper
authorization.

3. Creativity and Innovation:

• Intellectual property arises from human creativity, innovation, and

intellectual effort.

• It encourages and rewards individuals and entities for their inventive and
artistic contributions to society by providing legal protection and the
opportunity for economic benefit.

4. Legal Protection and Regulation:

• Intellectual property is subject to legal protection and regulation under

national laws and international treaties.

• These legal frameworks establish the rights, obligations, and limitations

concerning the use, exploitation, and enforcement of intellectual property
rights.

5. Economic Value:

• Intellectual property has economic value and is considered an asset in the

modern knowledge-based economy.

• It can be monetized through licensing, sale, or commercialization,

contributing to economic growth, investment, and trade.

6. Time-Limited Protection:
 • Intellectual property rights are typically time-limited, providing exclusive
rights for a specific duration.

• The duration of protection varies depending on the type of intellectual

property. For example, patents are protected for a fixed period, copyrights
last for the creator's lifetime plus a certain number of years, and trademarks
can be renewed indefinitely.

7. Public Interest:

• Intellectual property rights are intended to strike a balance between the

rights of creators and the public interest.

• The protection of intellectual property serves various public policy

objectives, including encouraging innovation, promoting access to
knowledge, fostering cultural development, and facilitating fair competition.

8. Diverse Forms of Intellectual Property:

• Intellectual property encompasses various forms of protection, including

patents, copyrights, trademarks, industrial designs, trade secrets, and
geographical indications.

• Each form of intellectual property has its specific characteristics,

requirements, and scope of protection.

Examples:

• A software company holds intellectual property rights over a computer program

it developed, granting them exclusive rights to distribute, license, and modify the
software.

• An author owns copyright in a novel they wrote, giving them the sole right to
reproduce, publish, and adapt the work.

Origin and Development of Intellectual Property –

Copy Right,

The concept of copyright in India can be traced back to the British colonial era. The first
copyright law in India was enacted in 1847, which was modeled after the British Copyright
Act of 1842. However, the law only provided protection to books, maps, and charts.

In 1911, the Copyright Act was amended to include protection for photographs, music,
and dramatic works. Subsequent revisions to the law expanded the scope of protection
to include other types of creative works, such as computer software, films, and sound
recordings.

The current Copyright Act in India was enacted in 1957 and has been amended several
times to keep up with the changing technological landscape. The most recent
amendment was in 2012, which brought the law in line with international treaties and
agreements.

Under the Copyright Act, the author or creator of a work is granted exclusive rights to use
and exploit their creation. This includes the right to reproduce the work, distribute it to
the public, and make derivative works based on the original. The Act also provides for
the registration of copyright, which is not mandatory but can be helpful in enforcing
copyright infringement.

In India, copyright infringement is a civil offense and can lead to damages and
injunctions against the infringing party. In some cases, it can also be a criminal offense,
punishable by fines and imprisonment.

Overall, the development of copyright law in India has been influenced by the British
colonial era and has evolved over time to include a wide range of creative works. The
current Copyright Act provides for strong protection for creators and rights holders, and
the recent amendments have brought the law in line with international standards.

OR

The origin and development of intellectual property (IP) rights, including copyright, can
be traced back to historical and legal advancements. Here's an overview of the origin
and development of copyright:

1. Historical Roots:

• The concept of copyright can be traced back to ancient civilizations, such

as ancient Greece and Rome, where certain privileges were granted to
authors and creators.

• Early examples of copyright-like practices include ancient Roman laws that

protected authors against unauthorized copying of their works.

2. Statutory Copyright:

• The development of statutory copyright can be attributed to the emergence

of the printing press in the 15th century.

• With the advent of the printing press, the need arose to regulate the
reproduction and distribution of printed works.
 • The first copyright law, the Statute of Anne, was enacted in England in 1710. It
granted exclusive rights to authors and creators for a limited period,
encouraging the creation and dissemination of literary and artistic works.

3. International Copyright Conventions:

• As global trade and communication expanded, the need for international

cooperation in copyright protection arose.

• The Berne Convention for the Protection of Literary and Artistic Works, signed
in 1886, was the first significant international treaty addressing copyright
protection.

• The Berne Convention established minimum standards for copyright

protection and recognized the principle of automatic protection without the
need for formalities.

4. Expansion of Copyright Scope:

• Copyright laws have evolved over time to encompass various forms of

creative expression, including literature, music, visual arts, films, software,
and digital content.

• Amendments and revisions to copyright laws have aimed to adapt to

technological advancements, addressing challenges posed by digital
reproduction, online distribution, and new media formats.

5. Digital Era and Copyright Challenges:

• The digital revolution and the rise of the internet have presented new
challenges to copyright protection and enforcement.

• Issues such as online piracy, unauthorized file sharing, and the ease of
copying and disseminating digital content have necessitated legal and
technological measures to safeguard copyright interests.

6. Harmonization and International Treaties:

• International efforts have been made to harmonize copyright laws across

countries, facilitating the protection of copyrighted works globally.

• Treaties and agreements, such as the WIPO Copyright Treaty (WCT) and the
WIPO Performances and Phonograms Treaty (WPPT), address copyright
protection in the digital environment and provide frameworks for
international cooperation.

7. Fair Use and User Rights:

 • Copyright laws include provisions for fair use or fair dealing, which allow for
limited use of copyrighted works for purposes such as criticism,
commentary, research, and education.

• These exceptions balance the rights of copyright holders with the public's
interest in accessing and using copyrighted material in certain
circumstances.

8. Continuous Evolution:

• Copyright law continues to evolve, responding to technological

advancements, societal changes, and emerging issues in the creative and
digital landscape.

• Ongoing discussions and debates focus on finding the right balance

between protecting creators' rights, promoting access to knowledge and
culture, and fostering innovation and creativity.

Trade Mark & Patent,

Trademarks:

The concept of trademark protection in India can be traced back to the Trade Marks Act
of 1940. This law provided for the registration of trademarks and gave owners exclusive
rights to use the mark in connection with their goods or services. The Act was revised in
1958 and again in 1999 to provide stronger protection for trademarks.

The current Trade Marks Act of 1999 provides for the registration of trademarks and gives
owners exclusive rights to use the mark in connection with their goods or services. It also
provides for civil and criminal remedies for trademark infringement, including damages
and injunctions.

Under the Act, trademarks can be registered for a period of 10 years and can be renewed
indefinitely. The Act also provides for the cancellation of a trademark if it is not used for
a period of five years.

The development of trademark law in India has been influenced by international treaties
and agreements, such as the Paris Convention for the Protection of Industrial Property
and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).

Origin and Development of Intellectual Property – Trademark:

1. Historical Origins:
 • The use of trademarks can be traced back to ancient civilizations, where
artisans and traders used distinctive marks to identify their goods or
services.

• The practice of branding and marking products for commercial purposes

evolved over time.

2. Guild Marks and Merchants' Marks:

• During the Middle Ages, guilds and trade associations developed their own
marks or symbols to denote the origin, quality, or craftsmanship of their
products.

• Merchants also used marks or signs to distinguish their goods in trade and
protect their reputation.

3. Trademark Registration:

• The concept of formal registration of trademarks emerged in the 19th

century.

• The first trademark registration system was established in the United

Kingdom with the enactment of the Trademarks Registration Act in 1875.

• This system allowed individuals and businesses to register their trademarks

with the government for legal protection.

4. International Cooperation and Harmonization:

• With the expansion of global trade, the need for international cooperation in
trademark protection became evident.

• The Paris Convention for the Protection of Industrial Property, signed in 1883,
provided a framework for the international registration and protection of
trademarks.

• The Agreement on Trade-Related Aspects of Intellectual Property Rights

(TRIPS Agreement) under the World Trade Organization (WTO) further
harmonized trademark laws and established minimum standards for
protection.

5. Expansion of Trademark Scope:

• Trademark laws have expanded to cover not only traditional marks such as
words, logos, and symbols but also non-traditional marks like sounds, colors,
shapes, and scents.
 • The recognition of non-traditional marks allows businesses to protect
unique and distinctive aspects of their brands.

6. Digital Era and Trademark Challenges:

• The rise of e-commerce, online advertising, and digital platforms has posed
new challenges for trademark owners.

• Issues such as domain name disputes, online counterfeiting, and brand

infringement in digital spaces have necessitated legal and technological
measures to protect trademarks in the digital environment.

7. Continuous Evolution:

• Trademark law continues to evolve to address emerging issues and

developments in technology, branding practices, and consumer behavior.

• National laws and international treaties are regularly revised and updated
to adapt to changing business landscapes and protect the rights of
trademark owners.

Patents:

The concept of patent protection in India can be traced back to the British colonial era.
The first Indian patent law was enacted in 1856, which provided for the grant of patents
for new inventions.

The current Patents Act of 1970 provides for the grant of patents for inventions that are
new, non-obvious, and useful. The Act also provides for the registration of patents and
gives owners exclusive rights to use the invention for a period of 20 years.

In recent years, the Patents Act has been amended to comply with international
agreements, such as the TRIPS agreement. The most significant amendment was in
2005, which removed the requirement for patents to be granted only for products and
allowed for patents to be granted for processes as well.

The development of patent law in India has been influenced by international

agreements and has evolved over time to provide stronger protection for inventors and
innovators. However, there have been some controversies over the patentability of
certain inventions, such as pharmaceuticals and software, which has led to debates and
legal challenges.

Origin and Development of Intellectual Property – Patent:

1. Early Forms of Patent-Like Protections:

 • Early forms of patent-like protections can be found in ancient civilizations,
where rulers granted exclusive rights or privileges to inventors and
innovators.

• These privileges aimed to encourage technological advancements and

reward inventors.

2. Medieval and Renaissance Periods:

• In medieval and Renaissance Europe, exclusive privileges or patents were

granted by monarchs to inventors and craftsmen.

• These privileges granted a temporary monopoly over inventions and

facilitated the transfer of knowledge and technologies.

3. Emergence of Modern Patent Systems:

• The modern patent system can be traced back to the 17th century.

• The Statute of Monopolies, enacted in England in 1624, provided a framework

for granting exclusive rights to inventors in exchange for disclosing their
inventions.

4. Industrial Revolution and Patent Laws:

• The Industrial Revolution in the 18th and 19th centuries sparked a need for
more comprehensive and standardized patent laws.

• Countries began enacting patent laws to protect and incentivize

innovations in various industries, including machinery, textiles, and chemical
processes.

5. International Patent Cooperation:

• Efforts for international cooperation in patent protection began to emerge

in the late 19th century.

• The Paris Convention for the Protection of Industrial Property, signed in 1883,
established the foundation for international patent cooperation and
provided for priority rights and mutual recognition of patents across
countries.

6. Patentable Subject Matter:

• Patent laws have expanded to include a wide range of subject matters,

including inventions in various fields such as technology, pharmaceuticals,
biotechnology, and software.
 • The criteria for patentability typically involve novelty, inventiveness (non-
obviousness), and industrial applicability.

7. Patent Offices and Examination:

• National and regional patent offices have been established to administer

and examine patent applications.

• Patent examination involves assessing the novelty, inventive step, and

industrial applicability of inventions before granting patent rights.

8. Digital Era and Patent Challenges:

• The digital revolution has brought forth new challenges for patent
protection, particularly in areas such as software, algorithms, and business
methods.

• Debates and discussions continue on the patentability of certain

technological innovations and the balance between encouraging
innovation and preventing excessive patenting.

9. Ongoing Development and Harmonization:

• Patent laws and practices are continuously evolving to address emerging

technologies, societal needs, and global harmonization.

• International efforts, such as the Patent Cooperation Treaty (PCT) and the
harmonization of patent laws under the World Intellectual Property
Organization (WIPO), aim to streamline and provide a unified framework for
patent protection.

Commercial Exploitation of Intellectual Property,

Commercial exploitation of intellectual property refers to the process of using

intellectual property (IP) rights to generate revenue or economic benefits. There are
several ways in which IP can be commercially exploited, including licensing, franchising,
sale, and assignment.

In order to successfully commercialize IP, it is important to have a well-developed

strategy that takes into account the market demand, competitive landscape, and
potential revenue streams. It is also important to protect the IP through appropriate legal
mechanisms, such as patents, trademarks, and copyrights, to prevent unauthorized use
and infringement.

Here's an overview of the commercial exploitation of intellectual property:

1. Licensing:

• Licensing is a common method of commercializing IP, wherein the IP owner

(licensor) grants permission to another party (licensee) to use the IP in
exchange for agreed-upon terms, such as royalties or licensing fees.

• Licensing allows IP owners to expand the reach of their IP, enter new markets,
and generate revenue without directly manufacturing or distributing
products.

2. Franchising:

• Franchising is a business model in which the IP owner (franchisor) grants

rights to independent individuals or entities (franchisees) to operate a
business using the franchisor's brand, trademark, and business system.

• Franchising provides a structured approach to expanding a business and

allows the franchisor to earn revenue through franchise fees and royalties.

3. Sale and Assignment:

• IP owners can choose to sell or assign their IP rights to another party in

exchange for a lump sum payment or other financial considerations.

• Selling or assigning IP allows the IP owner to transfer ownership and benefit

from the immediate financial gain while relinquishing their rights to the IP.

4. Joint Ventures and Strategic Alliances:

• IP owners can enter into joint ventures or strategic alliances with other
companies to combine their IP assets, resources, and expertise for mutual
commercial benefits.

• Such collaborations can lead to the development of new products or

services, access to new markets, and shared costs and risks.

5. Spin-offs and Start-ups:

• Entrepreneurs and innovators often commercialize their IP assets by

establishing spin-off companies or start-ups.

• These ventures focus on developing and bringing IP-based products or

services to the market, leveraging the unique aspects of the IP for
commercial success.

6. Cross-Licensing:

• Cross-licensing occurs when two or more companies mutually grant

licenses to each other for their respective IP.
 • This allows each party to access and utilize the other's IP while avoiding
potential legal disputes and fostering innovation and collaboration.

7. Branding and Marketing:

• Intellectual property, such as trademarks and brands, plays a crucial role in

marketing and brand building.

• Companies leverage their brand equity and trademarks to create brand

recognition, customer loyalty, and competitive advantage in the
marketplace.

8. Research and Development Collaborations:

• Collaborative research and development (R&D) initiatives allow companies

to pool their resources, knowledge, and IP assets to develop innovative
technologies, products, or solutions.

• By sharing the risks and costs of R&D, companies can accelerate the
commercialization of IP and benefit from shared intellectual capital.

9. Online and Digital Exploitation:

• The digital era has opened up new avenues for commercializing IP, such as
online distribution, digital content platforms, and e-commerce.

• IP owners can monetize their IP assets through digital channels, including

digital licensing, online sales, digital publishing, and streaming services.

10. Merchandising and Brand Extensions:

• IP owners often expand their product offerings and revenue streams through
merchandising and brand extensions.

• This involves licensing the IP for use on various merchandise, such as apparel,
accessories, collectibles, and promotional items.

Enforcement of Rights and Remedies Against Infringement,

Enforcement of intellectual property (IP) rights is crucial to protect the interests of the
owners of the IP. Infringement of IP rights can result in significant economic losses, and
therefore, it is important to have effective remedies in place to address such
infringements. In India, there are several legal remedies available to owners of IP rights
to enforce their rights against infringement.

Civil Remedies:
In cases of infringement of IP rights, the owner can file a civil suit seeking injunctions,
damages, and other reliefs. The suit can be filed in a court of appropriate jurisdiction,
depending on the nature and value of the claim. The remedies available in a civil suit
include:

1. Injunctions: Injunctions are court orders that prohibit the infringer from using the
IP or engaging in infringing activities.

2. Damages: The owner of the IP can claim damages for losses suffered as a result
of the infringement, such as lost profits, loss of reputation, and other economic
damages.

3. Accounts of profits: The court can order the infringer to provide an account of
profits made as a result of the infringement.

4. Delivery-up or destruction of infringing goods: The court can order the infringer
to deliver up or destroy the infringing goods.

Criminal Remedies:

In cases of deliberate and willful infringement of IP rights, criminal remedies can also be
sought. The owner of the IP can file a complaint with the police, and the police can initiate
an investigation and file a charge sheet against the infringer. The criminal remedies
available include:

1. Imprisonment: The infringer can be sentenced to imprisonment for a period of up

to three years, and/or fined.

2. Seizure and forfeiture of infringing goods: The police can seize and forfeit the
infringing goods, as well as any equipment used to manufacture or produce them.

3. Destruction of infringing goods: The court can order the infringing goods to be
destroyed.

Customs Enforcement:

In addition to civil and criminal remedies, customs enforcement is also available to

owners of IP rights. The owner can register their IP with the customs authorities, who can
then prevent the import or export of infringing goods. Customs can also seize and detain
infringing goods, and the owner can take appropriate legal action to enforce their rights.

In conclusion, effective enforcement of IP rights is crucial to protect the interests of the

owners of IP. The remedies available in India include civil, criminal, and customs
enforcement, which can be used to address different types of infringements and to
protect the value of the IP.
International Character of Intellectual Property,

The international character of intellectual property (IP) recognizes the global nature of
creativity, innovation, and commerce. Intellectual property rights are protected and
governed by international agreements, treaties, and organizations to ensure
consistency, harmonization, and cooperation among countries. Here are key aspects
highlighting the international character of intellectual property:

1. International Treaties and Agreements:

• Various international treaties and agreements establish frameworks for the

protection and enforcement of intellectual property rights on a global scale.

• Examples of important international IP treaties include the Berne Convention

for the Protection of Literary and Artistic Works, the Paris Convention for the
Protection of Industrial Property, the Madrid Agreement and Madrid Protocol
for the International Registration of Trademarks, and the Patent Cooperation
Treaty (PCT).

• These treaties promote cooperation, mutual recognition, and minimum

standards for IP protection among member countries.

2. World Intellectual Property Organization (WIPO):

• The World Intellectual Property Organization, a specialized agency of the

United Nations, plays a central role in promoting and coordinating
international intellectual property protection.

• WIPO administers various international treaties, provides technical

assistance and capacity building to member states, facilitates cooperation
and information sharing, and supports the development of international IP
policies and norms.

3. Harmonization of IP Laws:

• International efforts aim to harmonize IP laws and practices across countries

to ensure a level playing field for creators, innovators, and businesses.

• Harmonization reduces legal uncertainties, facilitates cross-border

transactions, and promotes fair competition in the global marketplace.

• Examples of harmonization efforts include the alignment of copyright terms,

standardization of patent examination procedures, and convergence of
trademark registration systems.

4. Cross-Border Protection and Enforcement:

 • Intellectual property rights often transcend national boundaries, requiring
mechanisms for cross-border protection and enforcement.

• International cooperation and coordination are crucial to combat

counterfeiting, piracy, and other infringements that occur across different
jurisdictions.

• Countries collaborate through mutual legal assistance, information sharing,

and joint enforcement operations to address IP violations with an
international dimension.

5. Global Economic Impact:

• Intellectual property has a significant impact on global trade, investment,

and economic growth.

• Protection and enforcement of IP rights facilitate technology transfer, foreign

direct investment, licensing agreements, and cross-border collaborations.

• Countries with robust IP systems often attract innovation-driven industries

and benefit from the economic value generated by IP-intensive sectors.

6. Cross-Border Licensing and Technology Transfer:

• International licensing agreements and technology transfer play a vital role

in the dissemination and commercialization of IP across borders.

• IP owners can license their rights to foreign partners or transfer technology

to facilitate the transfer of knowledge, foster innovation, and stimulate
economic development.

7. Dispute Resolution and International Arbitration:

• Intellectual property disputes can have international implications, requiring

mechanisms for resolving conflicts between parties from different countries.

• International arbitration and dispute resolution institutions, such as the

World Intellectual Property Organization Arbitration and Mediation Center
and the International Chamber of Commerce (ICC), provide platforms for
resolving IP-related disputes through neutral and internationally recognized
processes.

Intellectual Property and Economic Development,

Intellectual property (IP) plays a crucial role in economic development by incentivizing

innovation, promoting creativity, and facilitating technology transfer. Here are key ways
in which intellectual property contributes to economic development:
1. Incentivizing Innovation and Creativity:

• Intellectual property rights, such as patents, copyrights, and trademarks,

provide legal protection and exclusive rights to creators and innovators.

• By granting exclusive rights, IP encourages individuals and businesses to

invest in research, development, and creative endeavors, knowing they can
reap the financial benefits and gain a competitive edge.

• The promise of IP protection motivates inventors, artists, and entrepreneurs

to generate new ideas, products, and services that drive economic growth.

2. Encouraging Investment and Entrepreneurship:

• Intellectual property protection creates a favorable environment for

attracting investment and fostering entrepreneurship.

• Investors and venture capitalists are more likely to support projects or

startups that have IP assets, as they provide a tangible asset that can be
monetized and generate returns on investment.

• IP protection gives confidence to innovators and entrepreneurs to

commercialize their ideas, launch new businesses, and secure funding for
further development.

3. Facilitating Technology Transfer and Collaboration:

• Intellectual property serves as a means for transferring technology,

knowledge, and expertise across borders and industries.

• Licensing agreements, joint ventures, and technology transfer

arrangements enable the dissemination of innovations, allowing developing
countries to access advanced technologies and accelerate their economic
progress.

• IP-based collaborations between academia, research institutions, and

industry facilitate the transfer of scientific breakthroughs into practical
applications and commercial products.

4. Supporting Job Creation and Economic Sectors:

• Intellectual property-intensive industries and sectors contribute

significantly to job creation and economic output.

• IP-rich industries, such as pharmaceuticals, software development,

biotechnology, entertainment, and design, often generate high-value jobs
and export revenues.
 • IP protection fosters a vibrant ecosystem where companies can invest in
research and development, hire skilled workers, and create employment
opportunities.

5. Fostering Trade and Global Competitiveness:

• Intellectual property promotes trade by protecting brands, trademarks, and

geographical indications, ensuring the origin and quality of products and
services.

• Strong IP systems enhance the reputation and competitiveness of countries,

attracting foreign investment, fostering exports, and creating a favorable
business environment.

• IP protection encourages companies to invest in building strong brands,

investing in marketing, and expanding their market presence domestically
and internationally.

6. Knowledge Spillovers and Technological Advancement:

• Intellectual property protection encourages the dissemination of knowledge

and technological advancements through licensing and technology
transfer.

• When IP rights are properly enforced, companies are more willing to share
information, collaborate, and build upon existing innovations, leading to
knowledge spillovers and further advancements.

• This cumulative innovation process drives economic development, as

subsequent inventions and improvements build on the foundations laid by
earlier innovations.

7. Cultural and Creative Industries:

• Intellectual property supports the growth of cultural and creative industries,

including music, film, literature, art, and design.

• Copyright protection enables artists and creators to monetize their works,

preserve cultural heritage, and promote cultural diversity.

• The creative industries contribute to job creation, tourism, and the overall
cultural and social fabric of societies, enhancing economic development.

International Protection of Intellectual Property –

International Protection of Intellectual Property plays a crucial role in fostering global

cooperation and ensuring harmonized standards for the safeguarding and enforcement
of intellectual property rights (IPRs). Here are some key aspects of international
protection of intellectual property:

I. International Intellectual Property Treaties and Organizations:

A. World Intellectual Property Organization (WIPO): - WIPO is a specialized agency of the

United Nations responsible for promoting the protection of IP worldwide. - WIPO
administers several international treaties related to intellectual property, facilitates
cooperation among member states, and provides services for IP registration and
dispute resolution.

B. Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS): - TRIPS is

an agreement under the World Trade Organization (WTO) that sets minimum standards
for the protection and enforcement of IP rights. - It requires member countries to provide
effective protection for various forms of intellectual property, including patents,
copyrights, trademarks, and trade secrets.

C. Paris Convention for the Protection of Industrial Property: - The Paris Convention is an
international treaty that establishes the basic principles of protection for industrial
property, including patents, trademarks, industrial designs, and unfair competition. - It
provides for national treatment, priority rights, and the right to claim priority for an
invention or design filed in one member country in other member countries.

D. Berne Convention for the Protection of Literary and Artistic Works: - The Berne
Convention is an international copyright treaty that sets minimum standards for the
protection of literary and artistic works. - It establishes the principle of automatic
protection, without the need for formalities, and provides for rights such as reproduction,
distribution, and public performance.

II. International Patent Protection:

A. Patent Cooperation Treaty (PCT): - The PCT is an international treaty administered by

WIPO that streamlines the patent filing process. - It allows applicants to seek patent
protection in multiple countries by filing a single international application, simplifying the
administrative and procedural aspects.

B. Patent Prosecution Highway (PPH): - The PPH is a cooperative program between

patent offices that expedites the examination process for patent applications. - Under
this program, if a patent claim is allowed in one participating country's patent office, the
applicant can request accelerated examination in another participating country.

III. International Copyright Protection:

A. Berne Convention: - The Berne Convention establishes minimum standards for

copyright protection, ensuring that copyright works created in one member country are
protected in other member countries. - It promotes the principle of national treatment
and provides automatic protection without the need for registration or formalities.

B. International Copyright Registration: - While copyright protection is automatic,

creators can choose to register their works with the Copyright Office of a specific country
or use international copyright registration services offered by WIPO.

IV. International Trademark Protection:

A. Madrid System for the International Registration of Trademarks: - The Madrid System
is a treaty administered by WIPO that simplifies the process of international trademark
registration. - It allows trademark owners to seek protection in multiple member
countries by filing a single international application, reducing administrative burdens.

B. Trademark Law Harmonization: - International efforts aim to harmonize trademark

laws across countries to provide consistent protection and enforcement standards. -
The Nice Classification system, administered by WIPO, facilitates the classification of
goods and services for trademark registration.

V. Enforcement of International IP Rights:

A. Cross-Border Enforcement: - Intellectual property rights holders can seek

enforcement of their rights in other countries through legal actions, such as civil lawsuits
or administrative proceedings. - The cooperation between national enforcement
agencies and customs authorities is essential for detaining and seizing infringing goods
at international borders.

B. Dispute Resolution: - International arbitration and mediation offer alternative methods

for resolving IP disputes between parties from different countries. - WIPO provides
services for the resolution of intellectual property disputes, including the WIPO Arbitration
and Mediation Center.

International protection of intellectual property rights is essential to encourage

innovation, facilitate international trade, and foster cooperation among countries to
combat IP infringement. Through international treaties and organizations, countries work
together to establish common standards and mechanisms for the effective protection
and enforcement of intellectual property rights.

Overview of International Conventions – Berne Convention

The Berne Convention for the Protection of Literary and Artistic Works is the oldest
international treaty governing copyright. It was first adopted in 1886 in Berne, Switzerland,
and has since been revised several times. The latest version of the convention is the
Berne Convention of 1971.
The Berne Convention for the Protection of Literary and Artistic Works is an international
treaty that aims to provide copyright protection for literary and artistic works on a global
scale. Here is an overview of the Berne Convention:

1. Purpose and Objectives:

• The Berne Convention was established in 1886 and is administered by the

World Intellectual Property Organization (WIPO).

• Its main purpose is to ensure that creators of literary and artistic works are
granted automatic protection for their works without the need for
formalities, such as registration or notice.

• The convention sets minimum standards for copyright protection, promotes

international cooperation, and facilitates the free flow of creative works
across borders.

2. Key Principles and Provisions:

• National Treatment: The convention requires member countries to grant

the same level of protection to foreign works as they do to their own
domestic works.
• Automatic Protection: Copyright protection is granted automatically upon
the creation of a work, without the need for registration or any other
formalities.
• Minimum Standards: The convention establishes minimum standards for
copyright protection, including the duration of protection, rights of authors,
and limitations and exceptions.
• Exclusive Rights: Authors are granted exclusive rights to reproduce,
distribute, publicly perform, and display their works.
• Moral Rights: The convention recognizes the moral rights of authors, such
as the right to be attributed as the creator and the right to object to any
modifications or distortions of their work.
• Duration of Protection: The convention sets a minimum duration of
copyright protection, which is generally the life of the author plus 50 years
after their death.
• Limitations and Exceptions: The convention allows member countries to
provide certain limitations and exceptions to copyright, such as for
educational use, fair use, and public interest.

3. Membership and Global Reach:

 • The Berne Convention has been widely adopted and currently has 179
member countries, making it one of the most significant international
copyright treaties.

• Its membership covers a broad range of countries, including developed and

developing nations, providing a framework for harmonized copyright
protection globally.

4. Relationship with Other International Treaties:

• The Berne Convention has influenced and been complemented by other

international copyright treaties and agreements.

• For example, the Agreement on Trade-Related Aspects of Intellectual

Property Rights (TRIPS Agreement) of the World Trade Organization (WTO)
incorporates the principles of the Berne Convention into the framework of
international trade.

5. Amendments and Updates:

• The Berne Convention has undergone several revisions and updates to

address evolving challenges in the digital age and changes in the creative
landscape.

• Notable revisions include the Paris Act (1971), which introduced provisions for
the protection of computer programs, and the Beijing Treaty (2012), which
addresses the protection of audiovisual performances.

6. Impact and Influence:

• The Berne Convention has had a significant impact on copyright laws and
practices worldwide, serving as a foundation for national copyright
legislation in member countries.

• It has facilitated the protection of literary and artistic works, encouraged

international collaboration, and promoted the dissemination of creative
works across borders.

WIPO Treaties 1996,

The WIPO Copyright Treaty (WCT) and the WIPO Performances and Phonograms Treaty
(WPPT) are two international treaties that were adopted in 1996 by the member states
of the World Intellectual Property Organization (WIPO).

1. WIPO Copyright Treaty (WCT):

 • The WCT is aimed at updating and strengthening the international copyright
framework to address the challenges posed by digital technologies and the
internet.

• It provides enhanced protection for authors and creators of literary and

artistic works in the digital environment.

• The treaty establishes minimum standards for copyright protection and

grants exclusive rights to authors, including the right of reproduction,
distribution, and communication to the public.

2. WIPO Performances and Phonograms Treaty (WPPT):

• The WPPT focuses on the protection of performers and producers of

phonograms (sound recordings) in the digital age.

• It extends copyright-like protection to performers in their live performances

and recordings, as well as to producers of phonograms.

• The treaty grants performers and producers exclusive rights, such as the
right of reproduction, distribution, and making available to the public.

3. Objectives of the WIPO Treaties:

• The WIPO Treaties aim to harmonize and update international copyright

standards to keep pace with advancements in technology and the digital
economy.

• They seek to provide a framework for the protection and promotion of the
rights of authors, performers, and producers of phonograms.

• The treaties aim to strike a balance between the interests of copyright

holders and the public interest in accessing and using creative works.

4. Digital Environment and Technological Protection Measures:

• The WIPO Treaties address the challenges of digital piracy and

technological advancements by including provisions for the protection of
technological measures (e.g., digital locks) used to control access to and
the use of copyrighted works.

• They prohibit the circumvention of these measures and the removal of rights
management information (RMI) that identifies the work and its rights
holders.

5. Impact and International Recognition:

 • The WIPO Treaties have had a significant impact on international copyright
law and practice, shaping the legal framework for the protection of
intellectual property in the digital age.

• Many countries have acceded to the treaties, indicating the global

recognition of the need for enhanced copyright protection in the digital
environment.

Paris Conventions,

The Paris Convention for the Protection of Industrial Property is an international treaty
that was first adopted in 1883 and revised several times thereafter. The convention
provides a framework for the protection of industrial property, including patents,
trademarks, industrial designs, and geographical indications.

The main objectives of the Paris Convention are to:

1. Establish a minimum standard of protection for industrial property in all member

countries.

2. Provide for national treatment of foreign industrial property, which means that
foreign applicants are entitled to the same protection as domestic applicants in
each member country.

3. Establish a right of priority, which means that an applicant who files a patent or
trademark application in one member country can enjoy a period of priority in
which to file in other member countries.

4. Provide for the recognition of trademarks as intellectual property and establish a

minimum standard of protection for trademarks in all member countries.

The Paris Convention has been ratified by over 175 countries, making it one of the most
widely accepted international treaties on industrial property. The convention continues
to play a critical role in promoting innovation, trade, and investment worldwide, by
providing a common framework for the protection of industrial property in different
countries.

TRIPS Agreements etc.

The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is an

international agreement administered by the World Trade Organization (WTO). It was
adopted in 1994 and sets out minimum standards for the protection and enforcement
of intellectual property rights (IPRs) by WTO member countries.
The TRIPS Agreement covers a wide range of intellectual property rights, including
copyright and related rights, trademarks, geographical indications, patents, industrial
designs, trade secrets, and layout designs of integrated circuits.

The main objectives of the TRIPS Agreement are to:

1. Ensure that IPRs are protected and enforced in a manner that contributes to the
promotion of technological innovation and to the transfer and dissemination of
technology.

2. Strike a balance between the interests of right holders and users, by providing for
the protection of IPRs while allowing for exceptions and limitations to IPRs.

3. Prevent the abuse of IPRs by anti-competitive practices and anti-competitive

licensing conditions.

4. Provide for the effective enforcement of IPRs, including through civil,

administrative, and criminal procedures and penalties.

The TRIPS Agreement has had a significant impact on the international intellectual
property system, by promoting the adoption of minimum standards for the protection
and enforcement of IPRs in different countries. It has also contributed to the growth of
international trade and investment, by providing a common framework for the
protection of IPRs in different countries.

India's Position vis-a-vis International Conventions and Agreements.

India has been an active participant in the international intellectual property system and
has signed and ratified several international conventions and agreements related to
intellectual property rights. Some of the key international agreements and conventions
to which India is a party are:

1. Paris Convention for the Protection of Industrial Property: India is a party to the
Paris Convention since 1998. The convention provides for the protection of
industrial property rights, including patents, trademarks, industrial designs, and
geographical indications.

2. Berne Convention for the Protection of Literary and Artistic Works: India is a party
to the Berne Convention since 1928. The convention provides for the protection of
copyright in literary and artistic works.

3. Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS):

India is a party to the TRIPS Agreement since 1995. The agreement sets out
minimum standards for the protection and enforcement of intellectual property
rights by WTO member countries.
 4. Patent Cooperation Treaty (PCT): India is a party to the PCT since 1998. The treaty
provides for a simplified and centralized system for filing and searching
international patent applications.

5. Madrid Protocol: India became a party to the Madrid Protocol in 2013. The protocol
provides for the international registration of trademarks and enables trademark
owners to protect their marks in multiple countries with a single application.

6. Budapest Treaty: India is a party to the Budapest Treaty since 2001. The treaty
provides for the international deposit of microorganisms for the purposes of
patent applications.

India has also signed several other bilateral and multilateral agreements related to
intellectual property rights with different countries and regional organizations. The
country has taken steps to align its national laws and regulations with the international
standards set by these conventions and agreements, while also addressing its domestic
developmental priorities and concerns.

UNIT-II

The Copy Right Act, 1970

Meaning and Basis of Copy Right,

Copyright is a form of intellectual property that grants the creator of an original work the
exclusive right to use, distribute and profit from that work for a certain period of time.
Copyright law is based on the idea that creative works, such as books, music, and films,
are valuable assets that should be protected from unauthorized use and exploitation.

The basis of copyright law is the recognition of the creative and intellectual effort that
goes into the creation of original works. Copyright law aims to promote creativity and
innovation by providing creators with the exclusive rights to their works, which
encourages them to invest their time and resources into the creation of new works. This
in turn benefits society as a whole by fostering the growth of art, literature, science, and
other forms of intellectual and cultural expression.

Copyright law also provides an economic incentive for creators to create new works by
allowing them to profit from their creations. By granting creators the exclusive right to
use, distribute and profit from their works, copyright law creates a market for creative
works, which benefits both creators and consumers.

Overall, the purpose of copyright law is to balance the interests of creators, users, and
society at large. By protecting the rights of creators, copyright law encourages creativity
and innovation, while also ensuring that works are available to the public for their
enjoyment and enrichment.

Copy Right Office and Copy Right Board,

1. Copyright Office: The Copyright Office is a government body under the Ministry of
Education, Department of Higher Education, responsible for the registration of
copyright and related matters. The office is located in New Delhi and operates
under the Copyright Act, 1970. Some of the key functions of the Copyright Office
include:

• Registration of copyright: The Copyright Office is responsible for registering

copyright in literary, artistic, musical, and other works. This registration is not
mandatory, but it provides evidence of ownership and helps in the enforcement of
copyright.

• Issuing licenses for copyright works: The Copyright Office issues licenses for the
use of copyrighted works in certain circumstances, such as when a work is not
being made available to the public or when the copyright owner is refusing to
grant a license.

• Maintaining records of copyright ownership: The Copyright Office maintains

records of copyright ownership, which helps in the identification of copyright
owners and the enforcement of copyright law.

2. Copyright Board: The Copyright Board is a quasi-judicial body established under

the Copyright Act, 1970. It is responsible for resolving disputes related to copyright
law, including issues related to licensing and royalty rates. The board is located in
New Delhi and is headed by a Chairman who is appointed by the central
government. Some of the key functions of the Copyright Board include:

• Resolving disputes related to copyright law: The Copyright Board is responsible

for resolving disputes related to copyright law, including issues related to licensing,
royalty rates, and infringement of copyright.

• Granting compulsory licenses: The Copyright Board has the power to grant
compulsory licenses for the use of copyrighted works in certain circumstances,
such as when a work is not being made available to the public or when the
copyright owner is refusing to grant a license.

• Adjudicating on disputes related to copyright infringement: The Copyright Board

has the power to adjudicate on disputes related to the infringement of copyright,
and can order injunctions and award damages to copyright owners in cases of
infringement.
In addition to these functions, the Copyright Board also has the power to make rules and
regulations related to copyright law, and can recommend amendments to the
Copyright Act, 1970, to the central government.

Overall, the Copyright Office and the Copyright Board play important roles in the
administration and enforcement of copyright law in India. While the Copyright Office is
responsible for the registration and licensing of copyright, the Copyright Board is
responsible for resolving disputes related to copyright law and ensuring that the rights
of copyright owners are protected.

Subject Matter of Copy Right,

The subject matter of copyright is the original and creative expression of an idea, rather
than the idea itself. In India, the Copyright Act, 1957 provides a list of works that are
eligible for copyright protection. These works include:

1. Literary works: This includes books, articles, poems, computer programs, lectures,
speeches, and other written works.

2. Artistic works: This includes paintings, drawings, photographs, sculptures, and

other visual arts.

3. Musical works: This includes songs, musical compositions, and other musical
works.

4. Cinematograph films: This includes films, videos, and other audio-visual works.

5. Sound recordings: This includes recordings of music, speeches, and other sounds.

6. Dramatic works: This includes plays, scripts, and other dramatic works.

7. Software programs: This includes computer programs and software, including

their source code and object code.

It is important to note that copyright protection is granted to the expression of an idea,

and not the idea itself. For example, a book about a boy who discovers he is a wizard
would not be eligible for copyright protection, but the Harry Potter series of books that
express that idea in a unique and original way would be eligible for copyright protection.

In addition to the above works, copyright protection can also be granted to derivative
works, which are works that are based on pre-existing works. For example, a movie that
is based on a book would be considered a derivative work and would be eligible for
copyright protection.

Ownership,
Copyright ownership refers to the legal right of a person or entity to control and exploit
the use of a copyrighted work. In India, the Copyright Act, 1957 provides guidelines for
determining ownership of copyright.

The general rule of ownership is that the author or creator of the work is the first owner
of copyright. For example, if a person writes a book, he or she is the owner of the copyright
in that book. If a person takes a photograph, he or she is the owner of the copyright in
that photograph.

However, there are certain exceptions to this rule. If a work is created by an employee in
the course of his or her employment, the employer is the owner of the copyright in the
work, unless there is an agreement to the contrary. For example, if an author writes a
book as an employee of a publishing company, the publishing company is the owner of
the copyright in the book.

If a work is created by a person under a contract for services, the person who
commissioned the work is the owner of the copyright, unless there is an agreement to
the contrary. For example, if a company hires a freelance writer to write an article for its
magazine, the company is the owner of the copyright in the article.

In cases where a work is created collaboratively by two or more persons, the ownership
of copyright is jointly owned by all of the creators, unless there is an agreement to the
contrary. For example, if two songwriters collaborate to write a song, both of them are
owners of the copyright in the song.

It is important to note that copyright ownership can be transferred or assigned to

another person or entity by way of a written agreement. For example, an author can
transfer the ownership of the copyright in his or her book to a publisher by way of a
publishing agreement.

Assignment and Infringement of Copy Right,

Assignment of Copyright: Assignment of copyright refers to the transfer of the

ownership of copyright from the copyright owner to another person or entity. This
transfer of ownership is usually done through a written agreement, which is commonly
known as a copyright assignment agreement.

An assignment of copyright can be partial or complete. In a partial assignment, the

copyright owner transfers only a portion of the rights in the work, while retaining some of
the rights. In a complete assignment, the copyright owner transfers all of the rights in the
work to the assignee.

Infringement of Copyright: Infringement of copyright refers to the unauthorized use of

a copyrighted work, in whole or in part, without the permission of the copyright owner. In
India, copyright infringement is a civil offence and can be enforced through legal
remedies such as injunctions, damages and account of profits.

Copyright infringement can occur in a number of ways, such as:

1. Reproducing the work in any material form, including photocopying, scanning, or

digital copying.

2. Distributing copies of the work, whether for free or for a fee, without the permission
of the copyright owner.

3. Publicly performing the work, such as playing a song or showing a movie in a

public place, without the permission of the copyright owner.

4. Broadcasting the work, such as on television or radio, without the permission of the
copyright owner.

5. Making adaptations or modifications to the work, such as creating a derivative

work or a translation, without the permission of the copyright owner.

The Copyright Act, 1957 provides for both civil and criminal remedies for copyright
infringement. A copyright owner can seek civil remedies such as injunctions, damages
and account of profits in a court of law. In cases of criminal infringement, the infringer
can be fined and imprisoned.

Remedies for Infringement,

Remedies for Civil Infringement:

1. Injunction: A court can issue an injunction to prevent the infringing party from
continuing to infringe on the copyright owner's rights.

2. Damages: The copyright owner can claim damages for any losses suffered as a
result of the infringement. The damages can include both actual damages and
statutory damages.

3. Account of profits: The court can order the infringer to pay the copyright owner an
account of profits, which is the profit that the infringer made as a result of the
infringement.

4. Delivery up or destruction: The court can order the infringing party to deliver up
or destroy any infringing copies of the copyrighted work.

5. Declaration: The court can make a declaration that the infringing party has
infringed the copyright owner's rights.

Remedies for Criminal Infringement:

 1. Imprisonment: Criminal copyright infringement can result in imprisonment for a
term of up to 3 years.

2. Fine: The infringing party can be fined up to Rs. 2 lakhs for each act of infringement.

3. Seizure and forfeiture: The police can seize and forfeit any infringing copies of the
copyrighted work.

4. Investigation: The police can investigate and prosecute cases of criminal

copyright infringement.

5. Search and seizure: The police can obtain a warrant from a magistrate to search
and seize any infringing copies of the copyrighted work, as well as any documents
or materials related to the infringement.

Abridgement of the Work and Term of Copy Right,

The abridgement of the work refers to creating a shorter version of the original work,
while still retaining its essence. The Copyright Act, 1970 of India lays down the provisions
for the term of copyright protection and the abridgement of the work.

Term of Copyright:

1. The general term of copyright protection is for the lifetime of the author plus 60
years after his death.

2. In the case of works of joint authorship, the term is for the lifetime of the last
surviving author plus 60 years.

3. For anonymous or pseudonymous works, the term is 60 years from the year of
publication.

4. For cinematograph films, sound recordings, photographs, and government works,

the term is 60 years from the year of publication.

5. In the case of posthumous works, the term is 60 years from the year of publication.

Abridgement of the Work:

Abridgement of a work refers to the act of condensing or reducing the content of a larger
work while retaining its essential ideas or themes. It involves summarizing or shortening
the original work to make it more concise and accessible to a broader audience. Here
are some key points about the abridgement of a work:

Purpose: The main purpose of abridging a work is to provide a more condensed version
that is easier to read, understand, or consume. Abridgements can be created for various
reasons, such as simplifying complex concepts, adapting a work for a different audience,
or creating a shorter version for time-constrained situations.
Selective Retention: Abridging a work involves selecting and retaining the most
significant or essential parts while omitting less important or tangential content. The aim
is to capture the core ideas, plot points, or arguments of the original work.

Shortening Techniques: Abridgements employ various techniques to reduce the length

of the work. These may include summarizing long passages, omitting repetitive
information, condensing descriptive sections, or removing non-essential subplots or
details.

Maintaining Essence: Despite the reduction in length, the abridged version should strive
to preserve the essence and key elements of the original work. This requires careful
consideration to ensure that the main ideas, narrative flow, or thematic coherence are
not compromised.

Adaptation for Different Formats: Abridgements may be created to adapt a work for
different formats or mediums, such as converting a lengthy novel into a shorter
screenplay or transforming a complex academic text into a more accessible summary
or infographic.

Consideration of Copyright: Abridging a work should be done with respect to copyright

laws and the rights of the original author. Obtaining proper permissions or licenses may
be necessary, especially if the abridged version is intended for commercial distribution.

Reader/Viewer Experience: A well-executed abridgement aims to provide an engaging

and meaningful experience for the reader or viewer. It should retain the essence of the
original work, capturing its key messages or themes, and allowing the audience to grasp
its core content without feeling like essential aspects are missing.

Rights of Broadcasting Authorities

In India, the Copyright Act, 1957 recognizes the rights of broadcasting authorities under
Section 37, which deals with the "Broadcast reproduction right".

The following are the key rights of broadcasting authorities under the Copyright Act:

1. Right to reproduce broadcasts: Broadcasting authorities have the exclusive right

to reproduce the broadcast or any part thereof in any material form, including the
storing of it in any medium by electronic means.

2. Right to communicate the broadcast to the public: Broadcasting authorities have

the exclusive right to communicate the broadcast to the public by radio-diffusion,
television, or by any other means of communication to the public.

3. Right to make any translation or adaptation: Broadcasting authorities have the

exclusive right to make any translation or adaptation of the broadcast.
 4. Right to sell or give on hire: Broadcasting authorities have the right to sell or give
on hire copies of the broadcast to the public or to any person other than the
person who is entitled to receive the broadcast.

5. Right to receive royalties: Broadcasting authorities have the right to receive

royalties for any use of the broadcast or any part thereof.

In addition, the Copyright Act also provides for the protection of rights of performers in
relation to their performances broadcasted by broadcasting authorities.

UNIT-III The Patents Act 1970, & the Patents (Amendment) Act, 2002

Object of Patent Law

The main objective of patent law is to encourage innovation and creativity by granting
inventors a temporary monopoly over their inventions in exchange for disclosing their
invention to the public. The following are the key objectives of patent law:

1. Encourage innovation: The primary objective of patent law is to encourage

innovation by granting inventors exclusive rights to exploit their inventions for a
certain period. This encourages inventors to invest in research and development
and come up with new and useful inventions.

2. Disclosure of inventions: In exchange for exclusive rights, inventors must disclose

their invention to the public, which helps in disseminating knowledge and
promoting further research and development.

3. Economic growth: Patents encourage economic growth by promoting investment

in research and development, which results in the creation of new and improved
products and services.

4. Consumer protection: Patents ensure that consumers have access to new and
improved products and services, which enhances their quality of life.

5. Promotion of competition: Patents encourage competition by allowing inventors

to compete in the marketplace with their exclusive rights.

6. Promotion of technology transfer: Patents encourage the transfer of technology

between countries by protecting the intellectual property rights of inventors in
foreign countries.

Overall, patent law aims to balance the interests of inventors and the public by
promoting innovation and the dissemination of knowledge while also ensuring that
consumers have access to new and improved products and services.
Value of Patent System

The patent system is a valuable tool for promoting innovation and economic growth. It
provides inventors and companies with an incentive to invest in research and
development by granting them a limited monopoly over their invention. This allows them
to recoup their investment and earn a profit, which in turn encourages them to continue
developing new products and technologies.

The patent system also encourages the dissemination of knowledge and information. By
requiring inventors to disclose their invention in detail in their patent application, other
inventors can learn from their work and build upon it to create new and improved
technologies.

Additionally, patents can be used to attract investment and generate revenue. A

company with a strong patent portfolio is more attractive to investors, as it
demonstrates the company’s commitment to innovation and ability to protect its
intellectual property. Patents can also be licensed or sold to other companies, providing
a source of revenue for the patent holder.

Overall, the patent system plays an important role in driving innovation, promoting
economic growth, and encouraging the dissemination of knowledge and information.

Inventions-Patentable and Non-Patentable

Under the Patents Act 1970, an invention is patentable if it meets certain criteria. These
criteria are as follows:

1. Novelty: The invention must be new and not known or used in any part of the world
before the date of filing of the patent application.

2. Inventive Step: The invention must not be obvious to a person skilled in the
relevant field of technology.

3. Industrial Applicability: The invention must be capable of being made or used in

an industry.

Some examples of patentable inventions include:

• A new process for manufacturing a product

• A new machine or device

• A new chemical compound or composition

• A new use for an existing product

• A new method for performing a task

On the other hand, there are certain types of inventions that are not considered
patentable under the Patents Act 1970. These include:

1. Inventions that are contrary to public order or morality.

2. Inventions that are not capable of being made or used in an industry.

3. Inventions that are mere discoveries or scientific theories.

4. Inventions that are methods of agriculture or horticulture.

5. Inventions that are methods of medical treatment or diagnosis.

It is important to note that the above list is not exhaustive, and there may be other
inventions that are not considered patentable under the Patents Act 1970.

Process Patent and Product Patent

In patent law, there are two main types of patents: process patents and product patents.

A process patent protects a specific process or method of creating a product, while a

product patent protects the product itself.

For example, a process patent might be granted for a specific method of producing a
chemical compound, while a product patent might be granted for the chemical
compound itself.

Process patents are generally considered to be narrower in scope than product patents,
as they only protect the specific process or method outlined in the patent. Product
patents, on the other hand, provide broader protection for the actual product or
invention.

In some cases, both a process patent and a product patent may be granted for the
same invention, allowing the inventor to protect both the process of creating the
invention and the invention itself.

Process patent and product patent are two types of patents that grant exclusive rights
to inventors or companies for a specified period of time. The main difference between
the two types of patents is the scope of protection they offer. Here are some key points
about process patent and product patent:

Process Patent:

1. A process patent grants the exclusive right to use or sell a particular method or
process for producing a product.

2. The focus of a process patent is on the method of manufacturing or producing a

product, rather than the product itself.
 3. It is granted for a period of 20 years from the date of filing the patent application.

4. A process patent can be filed for various fields, such as pharmaceuticals,

chemicals, and biotechnology.

5. A process patent does not prevent others from manufacturing the same product
by a different method.

Product Patent:

1. A product patent grants the exclusive right to make, use, and sell a particular
invention or product.

2. The focus of a product patent is on the end product, rather than the process of
manufacturing it.

3. It is granted for a period of 20 years from the date of filing the patent application.

4. A product patent can be filed for various fields, such as mechanical, electrical, and
software-related inventions.

5. A product patent prevents others from making, using, and selling the same
invention or product without the patent owner's permission.

Procedure for obtaining a Patent

The procedure for obtaining a patent in India under the Patents Act 1970 and the Patents
Rules 2003 is as follows:

1. Filing of patent application: The first step is to file a patent application with the
Indian Patent Office. The application can be filed by the inventor or by a legal
representative. The application must contain a description of the invention, its
drawings (if any), and a claim or claims defining the scope of the invention.

2. Examination of patent application: After the patent application is filed, it is

examined by a patent examiner. The examination process includes a search for
prior art, i.e., any publicly available information that describes the invention or a
similar invention. The examiner will also review the application to ensure that it
meets the patentability criteria.

3. Publication of patent application: If the patent application meets the

requirements for patentability, it is published in the Patent Office Journal. The
publication date is the starting point for the examination of the application and
the calculation of the term of the patent.
 4. Request for examination: If the patent application is not automatically examined,
the applicant must file a request for examination within 48 months from the date
of filing or the date of priority, whichever is earlier.

5. Examination report: The patent examiner will issue an examination report, which
may include objections to the patentability of the invention or the scope of the
claims. The applicant can respond to the examination report within six months
from the date of issue.

6. Grant of patent: If the patent examiner is satisfied that the invention meets the
patentability criteria and any objections have been overcome, the patent will be
granted. The term of the patent is 20 years from the date of filing of the application.

7. Renewal of patent: To maintain the validity of the patent, the applicant must pay
the renewal fee every year, starting from the 2nd year.

8. Post-grant opposition: After the grant of the patent, any person can file a post-
grant opposition within one year from the date of grant. The opposition can be
based on certain grounds, including lack of novelty, inventive step, and industrial
applicability.

9. Infringement proceedings: If a person uses, sells or imports a product or process

that infringes on the patentee's rights, the patentee can initiate infringement
proceedings before a court of law.

It is important to note that the patent application process can be complex and time-
consuming, and it is advisable to seek the assistance of a qualified patent attorney to
ensure the best chance of success.

Rights and Obligations of a Patentee

As per the Patents Act 1970 and its amendments, a patentee is granted certain exclusive
rights over the patented invention for a limited period of time. Along with these rights,
the patentee also has certain obligations to fulfill, which are as follows:

Rights of a Patentee:

1. Right to use the invention: The patentee has the exclusive right to use the
invention for which the patent has been granted.

2. Right to prevent others from using the invention: The patentee has the right to
prevent others from using, selling, importing or distributing the patented invention
without their consent.

3. Right to license the invention: The patentee has the right to license others to use
the invention in exchange for a fee or royalty.
 4. Right to transfer the patent: The patentee has the right to transfer or assign the
patent to another person or entity.

Obligations of a Patentee:

1. Disclosure of the invention: The patentee is obligated to disclose the invention in

a manner that is clear and complete enough for a person skilled in the relevant
field to be able to understand and reproduce the invention.

2. Payment of annual fees: The patentee is required to pay annual maintenance

fees to keep the patent in force.

3. Non-obviousness and novelty: The patentee is obligated to ensure that the

invention is new, non-obvious and useful at the time of filing the patent
application.

4. Non-infringement of others’ rights: The patentee must ensure that their invention
does not infringe upon the intellectual property rights of others.

5. Working of the invention: The patentee is required to work the invention on a

commercial scale within India within three years of the grant of the patent, or four
years from the date of filing of the patent application, whichever is later. If the
patentee fails to do so, the patent may be revoked by the government.

It is important for a patentee to fulfill their obligations to ensure that their patent remains
valid and enforceable, while also benefiting from the exclusive rights granted to them
over the patented invention.

Revocation and Surrender of Patents

Under the Patents Act, 1970, a patent can be revoked or surrendered under certain
circumstances.

Revocation of Patents:

1. By the Central Government: The central government can revoke a patent under
Section 66 of the Patents Act, 1970, if it is in the public interest to do so. This can be
done only after giving the patentee an opportunity to be heard.

2. By the Controller of Patents: A patent can be revoked by the Controller of Patents

under Section 64 of the Patents Act, 1970 on the following grounds:

• That the invention was anticipated or known or used in India before the date of filing
of the patent application.
• That the invention was obvious and lacked novelty.
• That the patent was not filed in good faith and is not useful.
• That the invention is contrary to public order or morality.
Surrender of Patents: A patentee can surrender his patent by filing an application for
surrender of patent under Section 63 of the Patents Act, 1970. Once the patent is
surrendered, the patentee loses all rights and privileges conferred by the patent.

It is important to note that revocation or surrender of a patent does not affect any rights
that may have already accrued to any person under the patent before its revocation or
surrender.

OR

1. Revocation of Patents:

• Revocation refers to the cancellation or invalidation of a patent by an

authorized entity or judicial authority.

• In India, the revocation of patents can be sought through different avenues,

including:

A. Pre-grant Opposition:

• Before the grant of a patent, any person can file a pre-grant opposition with
the Indian Patent Office.

• The opposition should be based on specific grounds, such as lack of novelty,

lack of inventive step, or non-patentable subject matter.

• If the opposition is successful, the patent may be refused or rejected.

B. Post-grant Opposition:

• After the grant of a patent, any interested person can file a post-grant
opposition within a specific timeframe (within one year from the publication
of the grant).

• The opposition can be based on grounds such as prior public knowledge,

obviousness, or insufficient disclosure.

• The Patent Office examines the opposition, and if it finds merit in the
opposition, it may revoke the patent.

C. Revocation Petition:

• A revocation petition can be filed before the Intellectual Property Appellate

Board (IPAB) or the High Court challenging the validity of a granted patent.

• The petition should be based on grounds such as lack of novelty, lack of

inventive step, insufficient disclosure, or that the invention is not patentable
subject matter.
 • The IPAB or the High Court conducts proceedings and may revoke the patent
if it finds the grounds for revocation to be valid.

D. Invalidation Lawsuit:

• A patent can also be challenged by filing a lawsuit in a civil court seeking its
revocation.

• The court examines the evidence and arguments presented by both parties
and may revoke the patent if it finds the grounds for revocation to be valid.

2. Surrender of Patents:

• Surrendering a patent refers to the voluntary act of the patentee giving up

their rights over the patent.

• In India, the surrender of a patent can be initiated by the patentee by filing

a request with the Indian Patent Office.

• Once the request for surrender is accepted, the patent is considered to be

surrendered, and the patent rights cease to exist.

Reasons for surrendering a patent can include:

• Lack of commercial viability or market demand for the patented invention.

• Inability to maintain the patent due to high maintenance costs or

infringement challenges.

• Strategic decisions by the patentee, such as focusing on other inventions or

business areas.

It's important to note that the surrender of a patent is voluntary and initiated by the
patentee, while revocation is a result of a challenge to the validity of the patent by a third
party or an authorized entity.

Examples:

• A pharmaceutical company holds a patent for a drug, but during post-grant

opposition, it is successfully challenged on grounds of lack of novelty. The patent
is subsequently revoked by the Patent Office.

• An inventor voluntarily surrenders their patent for a specific technology as they

decide to focus on other innovative developments and no longer wish to maintain
the patent rights.

Infringement of Patent
Infringement of a patent occurs when a third party performs any of the activities that
are protected by the patent without the permission of the patent owner. In India, patent
infringement is governed by the Patents Act, 1970 and its amendments. The act defines
patent infringement as the unauthorized making, using, selling, importing, or offering for
sale of a patented invention.

In case of patent infringement, the patent owner can file a suit for infringement in a court
of law against the infringing party. The court may then grant an injunction to prevent
further infringement and award damages to the patent owner for any loss suffered due
to the infringement.

It is important to note that not all activities infringe a patent. The Patents Act, 1970
provides for certain exceptions to patent infringement, such as using a patented
invention for research or experimentation, or for the purpose of teaching or imparting
education.

Furthermore, the act also provides for a compulsory licensing system, whereby the
government can grant a license to a third party to use the patented invention without
the permission of the patent owner in certain circumstances, such as when the invention
is not being made available to the public at a reasonable price or when it is necessary
to meet a national emergency.

Overall, patent infringement is a serious offense and can lead to significant legal and
financial consequences for the infringing party. It is important for individuals and
companies to be aware of their rights and obligations under the Patents Act, 1970 to
avoid infringing on someone else's patent and to protect their own patent rights.

UNIT-IV

The Trade Marks Act, 1999

What is a Trade Mark

A trademark is a unique symbol, word, phrase, design, or combination of these elements

that is used to identify and distinguish the goods or services of one person or
organization from those of others in the market. It serves as an important tool for brand
recognition and differentiation in the marketplace. A trademark is a type of intellectual
property that is protected under the law to prevent unauthorized use or infringement by
others.

Functions of a Trade Mark

The primary functions of a trade mark are as follows:

1. Identifying the origin: A trade mark helps consumers to identify the origin of the
goods or services that they are purchasing. It helps to distinguish the goods or
services of one trader from those of another.

2. Guarantee of quality: A trade mark is a guarantee of the quality of the goods or

services provided by the owner of the mark. Consumers associate the quality of
the goods or services with the trade mark.

3. Marketing tool: A trade mark is an important marketing tool for businesses. It helps
to create brand recognition, brand loyalty, and consumer goodwill.

4. Asset value: A trade mark can have significant asset value for a business. A well-
known trade mark can be sold or licensed for a substantial amount of money.

5. Legal protection: A registered trade mark provides legal protection to the owner
of the mark against infringement and unauthorized use. It also helps to prevent
unfair competition and passing off by other traders.

Trade Mark Registry and Register of Trade Mark

Under the Trade Marks Act, 1999, the Trade Marks Registry is responsible for administering
the law relating to trade marks in India. The main functions of the Trade Marks Registry
include:

1. Registration of trade marks: The Trade Marks Registry is responsible for receiving
and processing applications for the registration of trade marks in India. The
registry examines the applications and, if satisfied that the mark meets the criteria
for registration, will register the trade mark.

2. Maintenance of the Register of Trade Marks: The Trade Marks Registry maintains
a register of all registered trade marks in India. The register contains details of the
owner of the trade mark, the goods or services for which the mark is registered,
and other relevant information.

3. Processing of applications for the renewal of registration: A registered trade

mark is valid for a period of 10 years from the date of registration. The Trade Marks
Registry is responsible for processing applications for the renewal of registration.

4. Processing of applications for the assignment and transmission of trade marks:

The Trade Marks Registry also processes applications for the assignment and
transmission of trade marks. This involves transferring ownership of a trade mark
from one person to another.
 5. Opposition proceedings: If a person believes that a trade mark should not be
registered, they can file an opposition with the Trade Marks Registry. The registry
will consider the opposition and, if satisfied that the trade mark should not be
registered, will refuse registration.

Overall, the Trade Marks Registry plays a crucial role in the registration and
administration of trade marks in India.

Registration of Trade Marks

Registration of a trademark is an important step for protecting the brand and its
reputation. The Trade Marks Act, 1999 provides the procedure for the registration of
trademarks in India. The following are the steps involved in the registration of a
trademark:

1. Search for the trademark: Before filing an application for registration, it is

important to conduct a search of the trademark to ensure that there is no identical
or similar mark already registered.

2. Filing of the application: Once the search is done, the application for registration
of the trademark can be filed with the Trademark Registry. The application can be
filed online or offline.

3. Examination of the application: The Trademark Registry examines the application

to ensure that it meets the requirements of the Trade Marks Act. The examination
includes checking if the mark is distinctive and not similar to existing trademarks.

4. Publication of the application: If the Trademark Registry is satisfied with the

application, it is published in the Trademark Journal. This is done to allow for any
oppositions to be filed by third parties.

5. Opposition proceedings: If any oppositions are filed, the trademark owner has the
opportunity to respond to the opposition. If no oppositions are filed, or if the
opposition proceedings are resolved in favor of the trademark owner, the
trademark will proceed to registration.

6. Registration: If the trademark is found to be eligible for registration, the Trademark

Registry will issue a certificate of registration. The trademark will be registered for
a period of 10 years from the date of registration.

It is important to note that the registration process can take several months to complete,
and it is advisable to seek the assistance of a trademark attorney to ensure that the
application is filed correctly and to handle any opposition proceedings that may arise.
Effects of Registration

The registration of a trademark provides the following effects:

1. Exclusive rights: The owner of a registered trademark has the exclusive right to
use the trademark in relation to the goods or services for which it is registered. It
gives the owner the right to prevent others from using an identical or similar mark
in connection with the same or similar goods or services without permission.

2. Legal protection: Registration provides legal protection to the trademark owner in

case of infringement. The owner can take legal action against any person who
infringes on their trademark rights.

3. Assignability: A registered trademark is an intangible asset that can be sold,

licensed or assigned to another person or entity for commercial use.

4. Public notice: The registration of a trademark is a public notice of the ownership

of the mark. It helps prevent others from claiming ignorance of the existence of the
mark.

5. Enhanced brand value: A registered trademark enhances the brand value of a

product or service. It helps distinguish the product or service from its competitors
and establishes its identity in the marketplace.

6. Protection against piracy: Registration provides protection against piracy,

counterfeiting, and passing off of goods or services.

7. Incontestability: After five years of continuous use, a registered trademark

becomes incontestable, meaning that it cannot be challenged on the grounds of
descriptiveness, genericness, or functionality.

Overall, the registration of a trademark provides valuable rights and benefits to the
owner, which can help protect their business interests and promote brand recognition
in the marketplace.

Assignment and Transmission of Trade Marks

Assignment and transmission refer to the transfer of ownership of a trademark from one
person or entity to another. The Trade Marks Act, 1999, lays down provisions for the
assignment and transmission of trademarks.

Here are the details of the assignment and transmission of trademarks:

 1. Assignment of Trademarks: A trademark owner can assign their trademark either
completely or partially to another person. The assignment can be made for any
consideration, such as a lump sum payment or royalties. The assignee becomes
the owner of the trademark and can use it in connection with the goods or services
covered by the trademark.

2. Transmission of Trademarks: Transmission refers to the transfer of ownership of

a trademark on the death of the owner. The trademark passes on to the legal heir
or successor of the deceased owner.

3. Procedure for Assignment and Transmission: In case of assignment or

transmission of a trademark, a request for the same must be made in writing to
the Registrar of Trade Marks. The request must be signed by both the
assignor/transmitter and the assignee/transferee. The Registrar then registers the
transfer of the trademark in his records and issues a certificate of registration to
the new owner.

4. Rights of Assignee/Transferee: The assignee or transferee of a trademark enjoys

the same rights as the original owner of the trademark, including the right to use
the trademark in connection with the goods or services covered by the trademark.

5. Rights of Assignor/Transmitter: The assignor or transmitter of a trademark has

no right to use the trademark after the transfer, except with the written consent of
the assignee or transferee.

6. Recording of Assignment/Transmission: Once the assignment or transmission of

a trademark has been registered, the Registrar of Trade Marks records it in the
register of trademarks and publishes the same in the Trade Marks Journal.

Rectification and Correction of Register

Under the Trade Marks Act, 1999, the register of trademarks can be rectified and
corrected in certain circumstances. The following are the provisions related to
rectification and correction of the register:

1. Section 57 - Power to rectify the register: The Registrar or the Appellate Board
may, on an application made in the prescribed manner, rectify the register by:

• Correcting any error or omission in the name, address or description of the

proprietor of a trademark;
• Entering any change in the name, address or description of the proprietor of a
trademark;
• Striking out any trademark that is wrongly entered or remains on the register;
 • Correcting any other error or defect in the register.

2. Section 58 - Power to correct the register: The Registrar may, on an application

made in the prescribed manner, correct the register by:

• Amending any entry relating to a trademark or a registered user of a

trademark;
• Enter any memorandum of a transaction affecting the proprietorship of a
registered trademark;
• Cancel the registration of a trademark for non-renewal of the registration.

3. Section 59 - Procedure for rectification and correction: The procedure for

rectification and correction of the register includes:

• Giving notice to the registered proprietor or registered user, as the case may
be, of the application made for rectification or correction of the register;
• Giving an opportunity to the registered proprietor or registered user to oppose
the application;
• If the application is granted, making necessary entries in the register or
removing the trademark from the register, as the case may be;
• Giving notice to the parties concerned of the rectification or correction made
in the register.

4. Section 60 - Effect of rectification or correction: The rectification or correction

made in the register under sections 57 and 58 shall be deemed to have effect from
the date when the entry should have been made or should have been corrected.

5. Section 61 - Restriction on rectification: No amendment of the register of

trademarks shall be made if the effect thereof would be to:

• Convert a trademark registration of one type into a registration of another type;

• Affect any rights acquired by any person on the basis of the original
registration.

6. Section 62 - Saving of rights of assignees and licensees: Any rectification or

correction of the register of trademarks shall not affect the rights of any person
who acquired any right in or to the trademark before the rectification or correction
was made.

Passing Off and Infringement Action

Passing off and infringement are two types of legal actions that can be taken to protect
a trademark.
Passing off is a common law tort that protects the reputation and goodwill of a trader's
business or goods. It involves the misrepresentation of goods or services by a third party,
which can lead to confusion among consumers and damage to the reputation of the
original trader. In order to succeed in a passing off action, the following elements must
be established:

1. Goodwill or reputation: The claimant must show that they have established
goodwill or reputation in connection with their business or goods.

2. Misrepresentation: The defendant must have made a misrepresentation to the

public that is likely to cause confusion or deception. This can include using a
similar or identical mark to the claimant's mark, or using similar packaging or
trade dress.

3. Damage: The claimant must have suffered actual or potential damage as a result
of the defendant's misrepresentation.

Infringement, on the other hand, is a statutory tort that is defined under the Trade Marks
Act, 1999. It occurs when a third party uses a mark that is identical or similar to a
registered trademark in relation to goods or services that are identical or similar to those
covered by the registered mark, without the owner's consent. In order to establish
infringement, the following elements must be shown:

1. Ownership: The claimant must own a registered trademark.

2. Use: The defendant must have used a mark that is identical or similar to the
claimant's trademark.

3. Identity/similarity of goods/services: The defendant's use of the mark must be in

relation to goods or services that are identical or similar to those covered by the
claimant's trademark.

4. Likelihood of confusion: The use of the mark by the defendant must be likely to
cause confusion among the relevant public.

5. Lack of consent: The use of the mark by the defendant must be without the
consent of the trademark owner.

If a trademark owner can establish passing off or infringement, they may be entitled to
a range of remedies, including an injunction to prevent further use of the mark, damages
for any loss suffered as a result of the infringing use, and an account of profits made by
the infringing party.