Intellectual Property Rights (IPRs)

 Intellectual Property Rights (IPRs) are exclusive rights given to individuals or companies over their creations of the
mind for a certain period.
1. Exclusive Rights: These rights allow the creator to control and benefit from their creations. Others cannot use the
creation without permission. Example: A musician has the exclusive right to perform and sell their music.
2. Legal Right: IPRs are protected by law, meaning that the creator can take legal action against anyone who uses
their creation without permission. Example: If someone uses a patented invention without permission, they can be
sued.
3. Intangible Potential Asset: IPRs are non-physical assets that can be very valuable. They represent the potential for
future earnings. Example: A patent on a new technology can be worth a lot of money even though it isn't a physical
object.
4. Monopoly: IPRs give the creator a temporary monopoly, meaning they are the only ones allowed to use the
creation. Example: The owner of a patented drug has the exclusive right to manufacture and sell it for a certain
period.
5. Negative Rights: These rights prevent others from using the creation without permission. Example: Copyright
prevents others from copying or distributing a book without the author's consent.

Importance of Intellectual Property Rights

1. Incentive for New Creations: IPRs encourage people to create new things by giving them exclusive rights to benefit
from their work.
Example: Inventors are more likely to develop new technologies if they know they can profit from them.
2. Recognition to Creators and Inventors: IPRs ensure that creators and inventors are acknowledged for their work.
o Example: A patent gives credit to the inventor, officially recognizing their contribution.
3. Material Reward for Intellectual Property: IPRs allow creators to earn money from their inventions or creations.
o Example: Authors earn royalties from the sales of their books.
 4. Availability of Genuine and Original Products: IPRs help ensure that consumers have access to authentic and
original products.
o Example: Trademarks help customers identify genuine products from counterfeit ones.

Va
rious Kinds of Intellectual Property Rights (IPRs)
1. Patents:
 Protects: New inventions (products, processes, materials, compositions).
 Importance: Gives inventors exclusive rights to use and benefit from their inventions for up to 20 years.
 Example: A new type of energy-efficient light bulb.
2. Industrial Designs:
 Protects: The appearance of a product (shape, pattern, configuration).
 Importance: Makes products more appealing and gives a competitive edge.
 Example: The unique design of a smartphone.
3. Trade Marks:
 Protects: Signs that distinguish goods or services (words, logos, labels, slogans).
 Importance: Helps consumers identify and trust the source of goods or services.
 Example: The Apple logo.
4. Copyrights:
 Protects: Original works of authorship (artistic, literary, musical, dramatic works).
 Importance: Ensures creators can control and profit from their works.
 Example: A movie script.
5. Geographical Indications (GIs):
 Protects: Products from specific locations with unique qualities.
 Importance: Maintains the reputation and authenticity of regional products.
 Example: Darjeeling tea from India.
 Patents
A patent is an exclusive right given to an inventor, allowing them to prevent others from using, selling, manufacturing, or
importing their invention within a specific geographical area.
1. Exclusive Right of Inventor:
o Explanation: The inventor has the sole authority to decide who can use, sell, make, or import their
invention. No one else can do these things without the inventor's permission.
o Example: If someone invents a new type of smartphone, only they can produce and sell it unless they give
permission to others.
2. Territorial Jurisdiction:
o Explanation: Patents only protect the invention in the countries where the patent is registered. If you want
protection in multiple countries, you must register the patent in each one.
o Example: If an inventor wants protection in both India and the USA, they need to apply for patents in both
countries.
3. Filing a Patent Application in India:
o Explanation: Inventors or their representatives (assignees) can file a patent application online in India.
o Website: The application can be submitted at www.ipindia.nic.in.

Patent as an Exclusive Monopoly Right:

how patents protect inventors and their creations while encouraging innovation and sharing of knowledge.
1. Granted by Government of India:
o Explanation: The Indian government gives the inventor the exclusive right to their invention.
o Role of Government: The government officially recognizes and enforces this right.
2. For an Invention:
o Explanation: The patent is granted specifically for a new and useful invention created by the inventor.
o Invention Criteria: The invention must be novel, non-obvious, and useful.
3. To the Inventor or Assignee:
o Explanation: The patent can be given to the person who invented the item or to someone the inventor has
designated (assignee).
o Assignee Example: A company that the inventor works for might be the assignee.
4. As a Territorial Right:
o Explanation: The patent gives rights within a specific territory or country.
o Territory Example: If a patent is granted in India, it only protects the invention within India.
5. In Lieu of Disclosure:
o Explanation: In exchange for the exclusive rights, the inventor must fully disclose the details of their
invention to the government.
o Disclosure Importance: This allows others to learn from the invention and potentially build upon it in the
future.
6. Term of Patent:
o Explanation: The patent lasts for 20 years from the date the application is filed.
o 20-Year Protection: After 20 years, the patent expires, and others can use the invention without
permission.

Patent Rules and Acts:

 Governing Law: In India, patent rights are controlled by a law called the Patents Act, 1970. The latest version is
known as the Patent (Amendment) Act, 2005.
 Patent Rules: The government has set rules for how the Patents Act should be applied, called the "Patent Rules,
2003." These rules were updated in 2006 and again in September 2015.
 Manual for Understanding: To help people understand the law and rules better, a guide called the "Draft Manual
of Patent Practice & Procedure (MPPP)" was created by the patent office in 2008.
 Patent Offices: There are four patent offices in India, each serving a specific area: Kolkata, Delhi, Mumbai, and
Chennai.

Criteria of Patentability:
 Novelty: The invention must be new and not known to the public before.
 Inventive Step or Non-Obviousness: The invention should not be something that is obvious to someone with
knowledge and experience in the field.
  Industrial Application: The invention must be able to be made or used in an industry.
 Exclusions: The invention should not be something listed in Sections 3 and 4 of the Patents Act, 1970.

Patents Act 1970:

 Section 3: Things that are not considered inventions include:
o Frivolous or Obvious Things: Simple and obvious things that do not need special creativity.
o Contrary to Natural Laws: Things that go against established natural laws.
o Harmful to Public Health: Inventions that can be dangerous to people's health.
o Mere Arrangements: Simple changes to known devices that do not create anything new.
o Scientific Principles: Discoveries of basic scientific principles.
o Natural Substances: Discoveries of things that exist naturally, like plants or minerals.
o Agricultural Methods: Methods related to farming or gardening.
o Math or Business Methods: Mathematical formulas, business methods, or computer programs.
 Section 4: States that inventions related to atomic energy cannot be patented.

Industrial Design
Industrial design refers to the ornamental or aesthetic aspect of a useful product. It focuses on how a product looks rather
than how it works.
 Special Appearance: This aspect of industrial design gives products a unique and attractive look that can attract
consumers. For example, a beautifully shaped bottle may stand out on a store shelf.
 Differentiation: An industrial design helps differentiate a product from other similar products in the market. This
uniqueness can lead to better brand recognition and customer loyalty.
Focus:
 Aesthetic/Visual Form: Industrial design protects only the aesthetic features of a product. It does not cover the
technical features (which are protected by patents) or distinguishing features like logos or brand names (which are
covered by trademarks).
Features:
 Three-Dimensional Aspects: These include the shape, surface, or texture of a product. For example, the curved
shape of a chair or the unique texture of a handbag.
 Two-Dimensional Aspects: These include patterns, lines, or colors applied to a product. For instance, the floral
pattern on fabric or the specific color combination used on a product's surface.
Benefits:
 Attractiveness: Makes the product appealing to consumers and adds commercial value.
 Innovation: Promotes the creation of more innovative and aesthetically attractive products.
Protection:
 Exclusive Rights: Industrial design provides exclusive rights to the creator, preventing others from copying or using
the design without permission.
 Duration: The initial protection lasts for ten years, and in most cases, it can be renewed for up to an additional five
years, allowing the creator to maintain exclusive rights for up to 15 years in total.

Trademarks
A trademark is a recognizable sign, design, or expression that identifies products or services of a particular source. It
distinguishes one company's goods from those of others.
 Visual Symbol:
o Trademarks can be words, logos, labels, signatures, numerals, or color combinations. They are used to
indicate the origin of goods or services. For example, the swoosh logo identifies Nike products.
 Distinguishing Feature:
o Trademarks help consumers identify the source of a product, ensuring they know what they are purchasing.
This trust in a brand can lead to repeat purchases.
Types of Marks:
 Names:
o Any name used in trade that is not common or generic can be registered as a trademark. For example,
"Coca-Cola" is a trademarked name.
 Devices or Symbols:
o These can include images, logos, or monograms associated with a brand. For instance, the Apple logo is a
well-known trademark.
 Shapes and Packaging:
o The shape of goods or their packaging can be trademarked if they are distinctive. For example, the unique
shape of a Coca-Cola bottle is trademarked.
 Colors:
o Combinations of colors or even a single color can be trademarked when they are distinctive to a brand. For
example, Tiffany & Co. is known for its specific shade of blue.
 Copyright
Copyright is a legal term that grants creators exclusive rights to their original literary and artistic works.
 Protected Works:
o Copyright covers a wide range of creative works, including:
 Literary Works: Novels, poems, plays, reference books, newspapers, and articles.
 Computer Programs: Software and databases that involve creativity.
 Films and Music: Movies, musical compositions, and performances, including dance and theater.
 Artistic Works: Paintings, drawings, photographs, and sculptures.
 Other Works: Architecture, advertisements, maps, technical drawings, and manuals.
 Automatic Protection:
o Copyright protection starts automatically as soon as a work is created and fixed in a tangible form, like
being written down or recorded. This means that creators do not need to register their works to obtain
copyright protection.
 Creator's Rights:
o Copyright protects the skill, creativity, and labor of the creator. It allows them to control how their work is
used, reproduced, or distributed, and they can earn money from their creations.

Geographical Indications (GIs)

Geographical Indications (GIs) identify products that come from a specific region and have qualities or a reputation tied to
that location. They protect products associated with traditional skills and knowledge of local producers.
 Protection for Producers:
o GIs protect the interests of groups or communities that produce a product using traditional skills and
methods. This helps ensure that only products from a specific region can use the GI label.
 Special Quality:
o The products must be produced, processed, or prepared in the specified geographical area. The unique
qualities arise from factors such as the local environment, climate, and specific skills. For example,
Darjeeling tea is known for its distinct flavor due to the unique climate and soil of the Darjeeling region.
 Name of Origin:
o GIs consist of the name of the place of origin and originate from a specific geographical territory. This gives
consumers information about the quality and authenticity of the product.
Examples:
o Darjeeling Tea: Tea from the Darjeeling region of India, known for its unique taste.
o Kancheepuram Saree: Traditional silk sarees from Kancheepuram, recognized for their beautiful designs.
o Kolhapuri Chappals: Handcrafted leather sandals from Kolhapur, famous for their quality.
o Tirupati Laddu: A special sweet offered at the Tirupati temple.
o Nagpur Orange: Sweet and juicy oranges from Nagpur, well-known for their taste.
 Intellectual Property Rights
Intellectual Property (IP) is a legal term that refers to the rights and protections given to individuals and organizations for
their creative works and inventions. It encompasses a wide range of intangible assets that are products of human intellect.
Here’s a more detailed breakdown:
Intangible Assets: Unlike physical property, such as land or buildings, intellectual property cannot be touched. It exists as
ideas, concepts, and expressions.

Kinds of Property:
 Movable Property: Refers to items that can be easily moved from one place to another. Examples include: cars,
pens, furniture, clothing.
 Immovable Property: Refers to items that are fixed in place and cannot be moved. Examples include: land,
buildings.
 Intellectual Property: Refers to creations that arise from the human mind. Examples include:
 Literary Works: Novels, poems, and essays.
 Inventions: New products, processes, or technologies.

Nature of Intellectual Property:

1. Human Creation: Intellectual property is a product of human creativity and intellect. It results from the mental
effort of individuals or groups.
2. Intangible: Unlike physical property, intellectual property cannot be touched or held. It exists as ideas, concepts,
or expressions.
3. Exclusive Rights: Intellectual property laws grant exclusive rights to creators, allowing them to control how their
works are used, reproduced, or distributed. This helps incentivize innovation and creativity.
4. Limitations and Exceptions: Intellectual property rights come with specific limitations and exceptions. For
example, fair use allows certain uses of copyrighted material without permission.
5. Time-Bound: Intellectual property rights are not permanent; they typically last for a limited duration. After the
period expires, the work may enter the public domain.
6. Territorial: Intellectual property rights are generally limited to specific countries or regions. This means a patent
granted in one country does not automatically apply in another.

Definition of Intellectual Property:

 Intellectual Property includes rights related to:

o Literary, Artistic, and Scientific Works: This includes books, music, and research.
o Performances of Artists: Rights related to actors and musicians.
o Phonograms and Broadcasts: Protection for recordings and TV/radio shows.
o Inventions: New ideas in various fields, such as technology and medicine.
o Scientific Discoveries: New findings in research.
 o Industrial Designs: Protection for how products look.
o Trademarks, Service Marks, and Commercial Names: Protection for brand names and logos.
o Protection Against Unfair Competition: Ensures businesses compete fairly.
o Other Rights from Intellectual Activity: Covers additional rights in creative fields.

International Treaties
Several international agreements help protect intellectual property rights worldwide. Key treaties include:
 Paris Convention for Industrial Property (1883): Protects patents and trademarks.
 Berne Convention for Literary and Artistic Works (1886): Protects the rights of authors and artists.
 UPOV (1961, 1972, 1978, and 1991): Protects new plant varieties.
 Convention on Biodiversity (1992): Protects biological diversity.
 TRIPS Agreement (1994): Sets global standards for IP protection.
 Internet Treaties (1996): Address copyright in the digital space.
Basic Principle
 Contract Between Creator and State:
o The protection of intellectual property is an agreement between creators and the government. In return for
sharing their creations, creators receive legal protection.
 Balance Between Rights and Public Interest:
o Intellectual property laws try to balance the rights of creators with the needs of the public. Creators have
rights, but there are also rules to ensure public access to knowledge.

Major Intellectual Properties

Intellectual property can be divided into several types:
 Copyright and Related Rights:
o Protects creators of original works, such as books and music, ensuring they are recognized and
compensated.
 Industrial Property:
o Includes various protections:
o Patents: Protect inventions for a limited time, usually 20 years.
o Industrial Designs: Protect the look of products, like their shape and color.
o Trademarks: Protect brand names and logos, helping consumers identify products.
o Geographical Indications: Protect products linked to specific regions, like Darjeeling tea.
o Layout Designs of Integrated Circuits: Protect the designs of electronic circuits.
o Trade Secrets: Protect confidential business information that gives a competitive edge.
o Protection of New Plant Varieties: Protects new types of plants developed through breeding.
 IP LAWS OF INDIA

Copyright and Related Rights

o Copyright protects original works like books, plays, music, and art.
o A "work" is when ideas are expressed in a physical form, like a printed book or a song recording.
o Copyright does not protect just the ideas or facts themselves.
 Other Protected Items: Movies and films., Sound recordings (like music or spoken word).
Two Main Types of Rights:
o Moral Rights: Protect the personal rights of the author.
o Economic Rights: Allow authors to earn money from their creations.
Moral Rights
 Right of Authorship: The right to be recognized as the creator of the work.
 Right of Integrity: Protects the work from being changed or altered without permission. Authors don’t have the
right to control how their work is displayed.
 Inalienable Rights: These rights cannot be given away or sold.
Economic Rights
 Right of Reproduction: Authors can make copies of their work, like printing a book or saving it on a computer.
 Right of Distribution: Authors can sell or share copies of their work, including online.
 Right of Communication to the Public: Includes performing work publicly and sharing it over the internet.
 Adaptation Rights: Authors can change their work into a different form, like turning a book into a play or a movie.
 Translation Rights: The right to translate the work into another language.
 Rental Rights: The right to rent out copies of the work.
  Resale Rights: Rights related to selling original artwork again.
Ownership of Rights
 Who Owns What:
o Literary Works: The author owns it.
o Dramatic Works: The playwright owns it.
o Music: The composer owns it.
o Artistic Works: The artist owns it (like a painter or sculptor).
o Photographs: The photographer owns it.
o Computer Programs: The creator owns it.
o Movies and Sound Recordings: The producer owns it.
Author as Owner of Rights: Exceptions
 Work Created at a Job: If a person creates something while working for someone else, the employer may own the
rights. In newspapers or magazines, the employer has publishing rights, but other rights may stay with the author.
 Commissioned Works: If someone pays for a photo, painting, or film, they may own the rights.
 Public Lectures: The person giving the lecture owns the rights.
 Government Works: The government owns the rights to works created for its service.
 Work for Public Organizations: Rights belong to the organization that commissioned the work.
 International Organizations: Works created for international organizations are owned by those organizations.
 Apprentice Works: Rights usually go to the teacher if an apprentice creates something.
 Exam Papers: The person who writes the questions owns the rights.
 Collections: The editor of encyclopedias or dictionaries owns the rights to the entire collection.
 Contractual Music Works: Music made for film producers under a contract belongs to the producers.
Securing Copyright
 Automatic Protection: Copyright is automatically granted and doesn’t need to be registered.
 Voluntary Registration: Authors can register their work if they want, but registration alone does not prove
copyright.
Duration of Copyright: Copyright lasts for the author’s lifetime plus 60 years.
Related Rights: Related rights are given to people and organizations that share works with the public, like performers and
broadcasting companies.
Performer’s Rights
 Rights Include: The right to record, broadcast, and share live performances with the public.
 Duration of Rights: Performer’s rights last for 50 years.
Rights of Broadcasting Organizations
 Rights Include: The right to reproduce broadcasts, re-broadcast, record, and share broadcasts with the public.
  Duration of Rights: These rights last for 25 years.

Patents
A patent is a special right given for an invention. This invention can be a product or a process that offers a new way to do
something or provides a new solution to a problem.
 Rights Granted: A patent allows the inventor to stop others from making, using, or selling the patented product or
process without permission.
 Duration: Patents last for 20 years.
What Can Be Patented? Conditions for Patentability
 Novelty: The invention should not have been known to the public before the inventor claimed it.
 Inventive Step/Non-obviousness: The invention should not be obvious to someone with basic skills in the area.
 Industrial Application: The invention should be useful in a practical sense and not just be a theoretical idea.
Grant of Patent
 Patents are granted by national patent offices after reviewing the applications.
 In India, there are options for others to oppose a patent before or after it is granted.
 Patents are valid only within the country where they are granted.
 Foreigners can also apply for patents.
Inventions That Cannot Be Patented
1. Frivolous Inventions: Inventions that are silly or obviously against natural laws (e.g., a machine that gives more
than 100% performance).
2. Inventions Against Public Order or Morality: Inventions that could harm humans, animals, or the environment
(e.g., gambling machines, biological warfare materials).
3. Scientific Discoveries: Discoveries that reveal something new but do not lead to an action that creates a new
product (e.g., Archimedes' Principle).
4. New Forms of Known Substances: Discovering a new form of a substance that doesn't improve its known use (e.g.,
finding a new color of an existing paint).
5. Substance from Mere Admixture: Mixing two known substances without creating something new (e.g., a drink
made from sugar and water).
6. Rearrangement of Known Devices: Simply rearranging known devices without creating something functional (e.g.,
a bucket with a flashlight attached).
7. Agricultural Methods: Basic methods of farming or gardening are not patentable, but tools and equipment used in
agriculture can be patented.
8. Plants and Animals: Plants and animals, except for microorganisms, cannot be patented, especially if they are
produced through natural means.
9. Mathematical or Business Methods: Pure mathematical methods or business strategies are not patentable as they
are just ideas without a practical product.
 10. Literary or Artistic Works: Works like books, music, or films fall under copyright protection, not patents.
11. Information Presentation: Ways of expressing information (like diagrams or spoken words) are not patentable.
12. Traditional Knowledge: Traditional knowledge is already public and cannot be patented, but adding value to it to
create something new can be patented.
13. Inventions Related to Atomic Energy: Inventions related to atomic energy are also not patentable.

What is an Industrial Design

o Design refers to the features of shape, configuration, pattern, ornament, or composition of lines or colors.
o It applies to any article, in two or three dimensions, created by any industrial process or means.
o These features appeal to and are judged solely by the eye in the finished article.
Rights of the Registered Proprietor
 Exclusive Rights:
o The registered proprietor has the exclusive right to apply the design to any article in the class where the
design is registered.
o The protection period is 10 years, extendable by 5 more years.
 Excluded Items:
o Modes or principles of construction or mere mechanical devices.
o Trademarks.
o Property marks.
o Artistic works.
 Non-Registrable Designs:
o Designs that are not new or original.
o Designs disclosed to the public anywhere in the world before filing.
o Designs not significantly distinguishable from known designs or combinations of known designs.
o Designs containing scandalous or obscene matter.
o Designs contrary to public order or morality.
 Examples of Non-Registrable Articles:
o Calendars, certificates, forms, greeting cards, leaflets.
o Maps, building plans, medals.
o Labels, tokens, stamps.
o Religious symbols.
o Mere mechanical contrivances.
o Building and construction or real estate.
 o Flags, emblems, or signs of any country, computer icons.
o Parts of articles not manufactured and sold separately.
o Layout designs of integrated circuits.
o Basic shapes, variations commonly used in the trade.
o Mere workshop alterations.
o Mere changes in size.
o Any principle or mode of construction of an article.

Trademarks
A trademark is a name or mark capable of being represented graphically.
o It distinguishes the goods or services of one person from those of others (e.g., LUX, Godrej, TVS, Telco, 555,
APPLE).
o It can be signs, words, letters, numbers, drawings, pictures, emblems, colors or combinations, shapes of
goods, graphic representations, packaging, or any combination of these.
Registration of Trademark
 Process:
o Registered by national trademark registries and valid in that country.
o Registration occurs after examination and publication.
o The registration period is 10 years but can be renewed indefinitely.
 Types:
o Marks on goods.
o Service marks.
o Certification trademarks.
o Collective marks.
o Well-known marks.
o Trade names.
Service Marks
 Examples:
o Include banking, education, finance, insurance, real estate, entertainment, repairs, transport, news and
information conveying, advertising, etc.
Certification Trademarks
 Characteristics:
o Certified by the proprietor as having characteristics like geographical origin, ingredients, or quality (e.g.,
AGMARK, WOOLMARK).
 o Cannot be used as a trademark but certifies that the goods are made of 100% wool.
o Registered in 140 countries and licensed to companies complying with strict standards set by the Woolmark
company.
Collective Marks
o Distinguishes the goods or services of association members from those of other undertakings.
o Owned by associations of persons, such as manufacturers, producers, suppliers, traders, or professional
bodies like institutes of chartered accountants or test cricketers associations.
Well-Known Marks
o Coca-Cola for soft drinks.
o Toblerone for triangular-shaped chocolates.
Trade Names
o Godrej for furniture, refrigerators, storewell, compactor, etc.
o GE for bulbs.
Forms of Trademarks
 Types:
o Visual: Words, letters, numerals, drawings, symbols, 2D representations of objects, color combinations, 3D
signs as shapes of goods or packaging.
o Audio: Sounds, musical notes.
o Olfactory: Smells.

What is Protected and What’s Not?

 Protected:
o Right to use the trademark in relation to registered goods/services.
o If the trademark consists of several parts, protection is for the trademark as a whole.
 Not Protected:
o State emblems, official hallmarks, and emblems of intergovernmental organizations cannot be used as
trademarks.
 Geographical Indications (GI)
A Geographical Indication (GI) identifies goods that are linked to a specific location. These goods can be:
o Agricultural products (e.g., Alphonso mangoes, Basmati rice)
o Natural products
o Manufactured products
 The quality, reputation, or other characteristics of these goods are essentially tied to their geographical origin.
 A GI does not need to be a geographical name.
Types of Goods: Goods can include items from handicrafts, industry, and foodstuffs.
Registration Process:
 In India, GIs must be registered.
 The Geographical Indications Registry examines and publishes the application before it is registered.
 Once registered, the GI is valid for 10 years and can be renewed indefinitely.
Rights:
 Exclusive right to use the geographical indication on the goods.
 Right to take legal action against anyone infringing on the GI.

Semiconductor Integrated Circuits Layout-Design

Protectable Layout Designs:
 Only original and novel layout designs of semiconductor integrated circuits are eligible for protection.
 Protection is obtained through registration after a thorough examination and publication process.
 The registration is valid for 10 years.
Non-registrable Layout Designs:
 Designs that are not original.
 Designs that have already been commercially exploited in India or in any convention country.
 Designs that are not inherently distinctive.
 Designs that cannot be distinguished from any other registered layout design.

Trade Secrets
 Trade secrets are confidential information that cannot be protected by other intellectual property rights. This
information is kept secret to maintain a competitive edge.
 Examples include: Inventions, Ideas, Survey methods, Manufacturing processes, Experiment results, Chemical
formulas, Recipes, Financial strategies, Client databases
When to Prefer Trade Secrets:
 When an invention is not patentable.
 When the invention can be kept secret for more than 20 years, beyond the typical patent protection period.
  When the cost of patent protection is too high.
 When the invention is difficult to reverse engineer.
How to Protect Trade Secrets:
 Restrict the number of people who have access to the secret information.
 Require business partners and employees to sign confidentiality agreements.
 Use digital data security tools and restrict access to areas where trade secrets are stored or used.
 National laws can provide protection, including injunctions and damages, if trade secrets are illegally acquired or
used.

Plant Varieties and Farmers’ Rights

Protection of Plant Varieties:
Registrable Varieties and Criteria:
 New Varieties: Must be novel, distinct, uniform, and stable.
 Extant Varieties: Must be distinct, uniform, and stable.
Who Can Register: Breeders, Farmers, Universities, Agricultural institutes
Period of Protection:
 15 years for annual crops.
 18 years for trees and vines.
Breeders' Rights:
 Rights to production, sale, marketing, distribution, export, and import of the protected variety.
 If the variety is derived from a farmers’ variety, the breeder must get consent from the farmers or communities
who originally developed the variety.
Farmers' Rights:
 Farmers can save, use, sow, re-sow, exchange, share, or sell their farm produce, including seeds, just as they did
before the registration.
 Farmers must receive full disclosure about the performance of seeds or planting material. If the seeds do not
perform as claimed, farmers can claim compensation from the plant breeder.
Researchers' Rights:
 Researchers have free and complete access to protected materials for research.
 They can use the materials to develop new plant varieties.
 However, if they need to use the protected variety as a parental line for commercial production, they must get
authorization from the breeder.
 International Organizations in IP
Key Organizations:
 World Intellectual Property Organization (WIPO): A global forum for intellectual property services, policy,
information, and cooperation.
 World Trade Organization (WTO): Deals with global rules of trade between nations, including agreements on
intellectual property.

IPR Licensing and Technology Transfer

Licensing of IP:
 A license is permission granted by an IP owner to another person to use the IP under agreed terms and conditions
while retaining ownership.
 Licensing creates an income source and establishes a legal framework for technology transfer.
 Helps build market presence for the technology or trademark.
Licensing Conditions:
 IP owners often prefer to transfer technology through licensing agreements.
 Can license all or limited rights.
 Licenses can be exclusive, non-exclusive, or sole.
 Agreements often include royalty payments and typically restrict third-party transfers.
 Royalties can be structured as upfront payments, a percentage of production or sales, or a combination of both.
 Specific uses for the IP are usually defined in the agreement.
 Licensing agreements must comply with competition laws.
Is Licensing Profitable?:
 Examples of Profitable Licensing:
o IBM generated $1.7 billion from patent licensing in 2002.
o Texas Instruments earned $3 billion from licensing over 10 years.
o US and Canadian universities generated $1.1 billion in royalties in 2001.
o New York University earned $109 million in 2004.
o Ohio University expected $52 million from SOMAVERT royalties over 5 years in 2011.
o CSIR received $150 million in milestone payments and royalties.
 Cyber Laws
Cyber laws are legal regulations enacted to govern and control activities conducted in the cyberspace. They address
various aspects of digital interactions, including online behavior, data protection, intellectual property rights,
cybersecurity, and electronic transactions. Cyber laws aim to prevent cybercrimes, regulate online activities, safeguard
individual privacy, and establish legal frameworks for resolving disputes arising in the digital realm. Examples of cyber laws
include the General Data Protection Regulation (GDPR) in Europe, the Computer Fraud and Abuse Act (CFAA) in the United
States, and various other regional or national regulations globally.
Introduction to Indian Cyber Law
Indian Cyber Law refers to the legal frameworks and regulations established to govern and address issues related to the
digital realm, encompassing cyberspace, internet activities, electronic transactions, and digital data. The primary
legislation governing cyber activities in India is the Information Technology Act, 2000 (IT Act), which was amended in 2008
to address emerging cyber threats.
Key Components of Indian Cyber Law:
 Information Technology Act, 2000 (IT Act): This is the primary legislation that defines various cyber offenses, their
penalties, and the legal procedures to deal with cybercrimes. It provides legal recognition for electronic
documents, digital signatures, and other electronic transactions.
 Digital Signatures: The IT Act recognizes digital signatures as legally valid and defines their use in electronic
transactions, ensuring the authenticity and integrity of online documents and communications.
 Data Protection and Privacy: The IT Act, along with subsequent regulations like the Personal Data Protection Bill
(expected to become law soon), addresses data protection and privacy concerns, outlining rules for the collection,
storage, and usage of personal and sensitive data.
 Cyber Crimes and Offenses: The Act outlines various cyber offenses such as hacking, identity theft, phishing,
cyberterrorism, and unauthorized access to computer systems. It prescribes penalties for these offenses, including
fines and imprisonment.
 Cyber Security and Investigation: The Act empowers law enforcement agencies with provisions for investigation
and prosecution of cybercrimes. It includes provisions for the establishment of Computer Emergency Response
Teams (CERT-In) and other cybersecurity infrastructure.
 Intermediary Liability: The Act provides guidelines for the liability of intermediaries like internet service providers
and social media platforms for content shared or hosted on their platforms by users.
 Electronic Governance: It enables the use of electronic means for government services and interactions,
promoting e-governance and digital communication between citizens and the government.
 Cyber Appellate Tribunal: The Act established the Cyber Appellate Tribunal to hear appeals against orders passed
by the Controller of Certifying Authorities and Adjudicating Officers.
 Information Technology Act, 2000 (IT Act)
The Information Technology Act, 2000, is a significant piece of legislation in India that provides a legal framework for
electronic governance, cybercrime, and data protection. It was enacted to facilitate electronic transactions and promote
the growth of the digital economy.
The Information Technology Act, 2000, is an important law in India that deals with issues related to the internet, digital
transactions, and cybercrime. It aims to promote electronic communication and protect digital information. Here are the
key details:
Key Features of the IT Act, 2000
 Legal Recognition of Electronic Documents: The IT Act gives legal status to electronic documents and digital
signatures, treating them like traditional paper documents and handwritten signatures.
 Digital Signatures: The Act defines what digital signatures are and explains how they can be used in electronic
transactions to ensure that documents are authentic and not altered.
 Cyber Offenses: It lists various cybercrimes such as hacking, identity theft, phishing, and cyber terrorism, and
describes the penalties for these offenses.
 Data Protection and Privacy: While the IT Act touches on data protection, it doesn’t cover it completely. The
upcoming Personal Data Protection Bill aims to provide clearer rules for collecting and storing personal data.
 Cyber Security Measures: The Act sets up Computer Emergency Response Teams (CERT-In) to manage cyber
threats and incidents.
 Intermediary Liability: It explains the responsibilities of intermediaries like internet service providers and social
media platforms regarding the content shared by users, offering some protection if they follow certain rules.
 E-Governance: The Act encourages the use of electronic methods for government services, making communication
between citizens and the government more efficient.
 Cyber Appellate Tribunal: The Act created a tribunal to handle appeals against decisions made by authorities
related to digital certifications.

Amendments to the IT Act, 2000

The IT Act has undergone amendments, with the most significant being in 2008. These amendments were made to
address emerging challenges and enhance the effectiveness of the Act. Here are the main changes:
1. Increased Focus on Cyber Crimes:
o The 2008 amendment expanded the definition of cybercrimes, introducing new sections to address crimes
like:
 Identity Theft: Defined as acquiring someone else's identity with the intent to commit fraud.
 Cyber Terrorism: Any act that threatens the unity and integrity of India using a computer resource.
2. Digital Signatures and Certifying Authorities:
o The amendments clarified the roles and responsibilities of certifying authorities that issue digital signatures,
ensuring better security and trust in electronic transactions.
3. Section 66A (Struck Down):
 o This controversial section, which penalized sending offensive messages through communication services,
was removed by the Supreme Court in 2015, citing violations of the right to free speech.
4. Section 69:
o The amendments strengthened the powers of law enforcement agencies, allowing them to monitor,
intercept, and block online content for reasons related to national security and public order.
5. Section 79:
o The liability of intermediaries was clarified. The amendments stated that intermediaries would not be liable
for user-generated content if they acted in good faith and followed the rules set by the Act.
6. Strengthening Cyber Security:
o The amendments emphasized the importance of cyber security and established provisions for the creation
of cybersecurity infrastructure and incident management systems.

Recent Developments and Proposed Amendments

1. Personal Data Protection Bill: This proposed legislation aims to create a comprehensive framework for data
protection in India. It seeks to regulate how personal data is collected, processed, and stored, filling the gaps left
by the IT Act.
2. Continuous Updates: The Indian government is actively working on updating cyber laws to address new challenges
in the digital landscape, such as increased cyber threats and the need for better data privacy.
3. Cybersecurity Policy: The government has been formulating policies to enhance the country’s cybersecurity
posture, ensuring protection against cyber threats and promoting secure digital environments.
4. Emerging Technologies: As technology evolves (e.g., AI, blockchain), discussions are ongoing about how existing
laws will adapt to address the implications of these technologies on privacy, security, and legal frameworks.
 Digital Personal Data Protection Bill, 2023
Objectives:
 Protect Digital Personal Data: The bill aims to protect digital personal data, which is any data that can identify a
person. This includes names, email addresses, and other personal information.
 Balance Rights and Processing Needs: It recognizes both the rights of individuals to protect their personal data
and the necessity for data to be processed for lawful purposes, ensuring both privacy and functionality.
Key Elements:
 Obligations of Data Fiduciaries: These are the entities (like companies, government bodies) that process personal
data. They have specific responsibilities to ensure data is handled properly.
 Rights and Duties of Data Principals: The individuals whose data is being processed. They have certain rights
regarding their data.
 Penalties for Breaches: Financial penalties are imposed for any breaches of the rights, duties, and obligations
outlined in the bill.
Goals:
 Introduce Data Protection Law: Implement data protection regulations with minimal disruption while ensuring
necessary changes in data processing practices.
 Enhance Ease of Living and Business: Make it easier for individuals and businesses to operate within the legal
framework.
 Support Digital Economy and Innovation: Enable growth in India’s digital economy and support its innovation
ecosystem.

Principles of the Bill

Seven Core Principles:
1. Consent and Transparency: Use data only if the person agrees, and be clear about how it will be used.
2. Purpose Limitation: Use data only for the specific reason it was collected.
3. Data Minimisation: Collect only the data necessary for the specific purpose.
4. Data Accuracy: Ensure the data is correct and updated.
5. Storage Limitation: Keep data only as long as needed for the specific purpose.
6. Security Measures: Implement measures to protect data from breaches.
7. Accountability: There should be ways to address data breaches and impose penalties for violations.

Features of the Bill

Innovative Aspects:
 SARAL:
o The Bill is designed to be Simple, Accessible, Rational, and Actionable.
o Plain Language: Uses clear and easy-to-understand language.
o Illustrations: Includes examples to clarify meanings.
 o No Provisos: Avoids complex legal clauses like "Provided that…".
o Minimal Cross-Referencing: Limits references to other parts of the document to avoid confusion.
 Gender-Inclusive Language:
o Uses "she" instead of "he" to acknowledge women in parliamentary law-making for the first time.

Rights of Individuals
Individual Rights:
1. Access Information: People can access information about how their personal data is used.
2. Correction and Deletion: They can correct or delete their data.
3. Grievance Redressal: They can seek help if they have issues with their data.
4. Nominate a Representative: They can choose someone to manage their data rights if they die or become
incapacitated.
Enforcement:
 Initial Complaint: People can first approach the data handler (like a company) with grievances.
 Escalation: If unsatisfied, they can escalate the complaint to the Data Protection Board easily.

Obligations on Data Handlers

Key Obligations:
1. Security Measures: Implement measures to prevent data breaches.
2. Breach Notification: Inform affected individuals and the Data Protection Board of any breaches.
3. Data Deletion: Delete data when it’s no longer needed or if consent is withdrawn.
4. Grievance Redressal System: Set up a system and appoint an officer to address queries and grievances.
5. Additional Obligations for Major Data Handlers:
o Appoint a data auditor.
o Conduct regular assessments to ensure data protection.

Protection of Children's Data

Children's Data:
 Parental Consent: Requires parental consent for processing children's data.
 Prohibited Processing: Prohibits processing that could harm children's well-being, such as tracking, behavioural
monitoring, or targeted advertising.

Exemptions in the Bill

Exemptions:
1. Security and Public Order: Applies to certain agencies for security and public order reasons.
2. Research and Statistics: Data can be used for research or statistical purposes.
 3. Startups and Specific Handlers: Certain startups or specific data handlers have exemptions.
4. Legal Rights and Claims: To enforce legal rights and claims.
5. Judicial Functions: For performing judicial or regulatory duties.
6. Crime Prevention: To prevent, detect, investigate, or prosecute crimes.
7. Foreign Contracts: To process data of non-residents under foreign contracts.
8. Corporate Transactions: For approved mergers, demergers, etc.
9. Locate Defaulters: To locate defaulters and their financial assets.

Functions of the Data Protection Board

Key Functions:
1. Remediate Breaches: Give directions to fix or reduce data breaches.
2. Investigate and Penalize: Look into data breaches and complaints, and impose penalties.
3. Dispute Resolution: Refer complaints for alternative resolution and accept voluntary solutions from data handlers.
4. Advisory Role: Advise the government to block websites or apps of data handlers that repeatedly violate the bill’s
provisions.
 Copyright Act, 1957
 Purpose: The Copyright Act protects original literary, artistic, musical, and dramatic works, granting creators
exclusive rights over their creations.
 Key Features:
o Automatic Protection: Copyright protection is automatic upon creation, and registration is not mandatory
but can be beneficial for legal purposes.
o Duration: Copyright lasts for the lifetime of the author plus 60 years; for works of corporate authorship, it
lasts 60 years from publication.
o Rights: Authors have rights to reproduce, distribute, perform, display, and adapt their works. Moral rights
protect the integrity of the work and the author's reputation.
o Exceptions: Fair use provisions allow limited use of copyrighted materials for purposes like criticism,
comment, news reporting, teaching, and research.

Patent Act, 1970

 Purpose: The Patent Act protects inventions by granting exclusive rights to inventors to make, use, sell, or
distribute their inventions.
 Key Features:
o Eligibility: Patents can be granted for new inventions that are novel, non-obvious, and useful. Discoveries,
scientific theories, and mathematical methods are not patentable.
o Duration: A patent is valid for 20 years from the date of filing, after which the invention enters the public
domain.
o Rights: Patent holders can prevent others from using their invention without permission. They can license
or assign their patent rights.
o Compulsory Licensing: The Act allows for compulsory licensing under certain conditions to promote access
to patented inventions in the public interest.

Trademark Act, 1999

 Purpose: The Trademark Act provides legal protection for trademarks, which are symbols, logos, words, or phrases
that distinguish goods or services of one entity from another.
 Key Features:
o Registration: Trademarks can be registered with the Trademark Registry for exclusive use.
o Duration: Registered trademarks are valid for ten years and can be renewed indefinitely for additional ten-
year periods.
o Rights: Owners have the exclusive right to use the trademark and can take legal action against
unauthorized use or infringement.
 o Types of Marks: Includes goods marks, service marks, certification marks, collective marks, and well-known
marks.

Design Act, 2000

 Purpose: The Design Act provides protection for the aesthetic aspects of a product, including its shape,
configuration, pattern, ornamentation, or composition of colors.
 Key Features:
o Registration: Designs must be registered to receive protection, which is valid for ten years and can be
extended for an additional five years.
o Criteria for Protection: A design must be new, original, and not disclosed to the public before registration.
It should also have aesthetic value.
o Rights: The registered proprietor has the exclusive right to apply the design to goods and can take legal
action against infringement.
o Exclusions: Designs that are purely functional or contrary to public order or morality are not registrable.