INTRODUCTION TO

INTELLECTUAL PROPERTY
RIGHTS
&
TERMS USED IN
LAND AQUASITION

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 IP Evolution
Property  Right
INTELLECT – PROPERTY – RIGHT
Idea  Expression  COPYRIGHT
Idea  Innovation  Invention  PATENT
Idea  Quality + Identity  TRADEMARK

Idea  Keep Confidential

No Disclosure  TRADE SECRETS

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 What is Intellectual Property?
Definition by WIPO

Intellectual property (IP) refers to

creations of the mind:
inventions, literary and artistic
works, and symbols, names,
images, and designs used in
commerce.
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 Patent is a set of exclusive rights granted by a authority to an inventor or assignee
for a limited period of time in exchange for detailed public disclosure of an invention.
An invention is a solution to a specific technological problem and is a product or a
process. Patents are a form of intellectual property.

Copyright is a legal right created by the law of a country that grants the creator of
an original work exclusive rights for its use and distribution. This is usually only for a
limited time. The exclusive rights are not absolute but limited by limitations and
exceptions to copyright law, including fair use. A major limitation on copyright is that
copyright protects only the original expression of ideas, and not the underlying ideas
themselves.

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 Trademark, trade mark, or trade-mark is a recognizable sign, design,
or expression which identifies products or services of a particular source from those
of others, although trademarks used to identify services are usually called service
marks. The trademark owner can be an individual, business organization, or any legal
entity. A trademark may be located on a package, a label, a voucher, or on the
product itself. For the sake of corporate identity, trademarks are often displayed on
company buildings.

Protection of undisclosed information/ trade secrete

Not all innovative techniques and accompanying know-how can always be protected
by patent law. Broadly speaking, any confidential business information which
provides an enterprise a competitive edge and is kept secret may be protected as a
trade secret. The unauthorized acquisition, use or disclosure of such secret
information in a manner contrary to honest commercial practices by others is
regarded as an unfair practice and a violation of the trade secret protection.

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 Historical Background: Ancient Times

 Signatures on Paintings & Creations

 Substantial and Identifiable Patterns & particularity in Architectures, Paintings,

Jewellery, Dresses etc.

 Rewards and monopolies granted by Emperors

 Stamping of Jewelers’ Initials on Jewellery made by them (Still followed by local Jewelers)

 Concept of Copyright came only after invention of Printing Press.

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 Historical Background: Modern Times

 Modern patents originated in Europe where European sovereigns commonly awarded

"letters patent" to favored inventors.

 The first U.S. patent laws were enacted by Congress in 1790 as part of the Constitution.

 The first patent was granted by the Massachusetts General Court to Samuel Winslow in 1641
for a novel method of making salt.

 George Washington signed the First United States Patent Grant on July 31, 1790.

 Patent system in India was first introduced by British Government in 1856.

 The Indian Patents and Designs Act, 1911, (2 of 1911) first enacted under the management of
Controller of Patents with a patent term of 14 years.

 The Patents Act (39 of 1970) came into force on 20th April 1972 .

 Initially, the Patent Act, 1970, provided a term of 7 years for pharmaceutical, agro chemical
and food products and 16 years for other categories.

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 Current IP Laws in India
Copyright
Copyright Act of 1957
Customs
Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007
Designs
The Designs Act, 2000
The Design (Amendment) Rules, 2008
Geographical Indications
Geographical Indications of Goods (Registration and Protection) Act, 1999
Geographical Indications of Goods (Registration and Protection) Rules, 2002
Information Technology
The Information Technology Act, 2000
The Information Technology Rules, 2000
Cyber Regulations Appellate Tribunal (Procedure) Rules, 2000
Patents
The Patents Act, 1970
The Patents (Amendment) Act, 2005
The Patents Rules, 2003
The Patents (Amendment) Rules, 2006
Plant
Plant Varieties Protection and Farmers' Rights Act, 2001
Semiconductor and Integrated Circuits
Semiconductor Integrated Circuits Layout Design Act 2000
Rules for the Semiconductor Integrated Circuits Layout Design Act 2000
Trademarks
The Trade Marks Act, 1999
The Trade Marks Rules, 2002
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 India – Convention and Treaty
Berne Convention (Literary and Artistic Works)
w.e.f. April 1, 1928

Geneva Convention (Unauthorized Duplication of Phonograms)

w.e.f. February 12, 1975.
The Patent Cooperation
Treaty (PCT) is World Intellectual Property Organization (WIPO)
an international w.e.f. May 1, 1975
patent law treaty,
Nairobi Treaty (Olympic Symbol)
concluded in 1970. It w.e.f. October 19, 1983
provides a unified
procedure for Convention on Biological Diversity
w.e.f. February 18, 1994
filing patent applications
to protect inventions in World Trade Organization (WTO) Member and Signatory to TRIPS Agreement
each of its contracting w.e.f. January 1, 1995
states.
Paris Convention
A patent application filed w.e.f. December 7, 1998
under the PCT is called
an international applicati Patent Cooperation Treaty (PCT)
w.e.f. December 7, 1998
on, or PCT application.
Budapest Treaty (for deposition of microorganisms)
w.e.f. from December 17, 2001
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 WHAT IS PATENTABLE & NON
PATENTABLE?
PATENTABLE NON PATENTABLE
• New use of known
• Patents Act 1970 substance/process
• Method of treatment
Patentable inventions • Plants, animals parts
thereof
any product or
process which is :
• novel
• not obvious to a
person skilled in the
art
• capable of industrial
application
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 Product V/S Process
को सरकार के गयी के
गया है , और को एक या का ,
उपयोग या बेचने से दूसरे को बाहर के , के
से उनके करने के गया है । एक
के या के हो सकता है ।
और के बीच है दे श
का पालन करते दूसरे पर, को
जाती है इन को के के उनके
के जाना जाता है ।
एक के तहत, एक के जाती है , न
के भी , को करने,
के से एक का कर सकता है । यह है
के के अलग-अलग संभावना के कारण एक के एक से

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 शासन यह है यह के कम दे ता है ।
के कम और के साथ एक नई खोज के
मूल का करने के है । शासन का लाभ यह
है यह का कम कर दे ता है
के मामले , यह के मूल को गया
है । इसका मतलब यह है कोई समान या के
से समान कर सकता है । यह है के
होगा यह है जो कराया गया है ।
को करता है कोई धारक
होगा का पालन करते
भारत के 1 9 70 ने 2005 जाने से पहले
संगठन के के का पालन करने के पहले कानून
थी, िजसके केवल

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 Land acquisition in India refers to the process by which the union or
a state government in India acquires private land for the purpose
of industrialization, development of infrastructural facilities or urbanization of the
private land, and provides compensation to the affected land owners and their
rehabilitation and resettlement.
Land acquisition

Khasra is a legal agricultural document used in India and Pakistan that specifies land
and crop details. It is often used in conjunction with a shajra which is a reference
map of the village that administers the land described by the khasra. Khasras
traditionally detail "all the fields and their areas, measurement, who owns and what
cultivators he employs, what crops, what sort of soil, what trees are on the land.

Shajra is a detailed village map that is used for legal and administrative purposes in
India and Pakistan. A shajra maps out the village lands into land parcels and gives
each parcel a unique number. The patwari (or village accountant) maintains a record
for each one of these parcels in documents called khasras.

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 Khatauni is the register of all persons cultivating or otherwise occupying land in a
village. It is a document prepared as part of record-of-right in every estate. It
contains entries regarding ownership, cultivation and various rights in land. It used
with khasra.

Freehold property can be defined as any estate which is "free from hold" of any
Land acquisition

entity besides the owner. Hence, the owner of such an estate enjoys free ownership
for perpetuity and can use the land for any purposes however in accordance with
the local regulations. Sale of a freehold property does not require consent from the
state and hence requires less paperwork, thus, making it more expensive than
leasehold property.

Leasehold property is an ownership of a temporary right to hold land or property in

which a lessee or a tenant holds rights of real property by some form of title from a
lessor or landlord. Although a tenant does hold rights to real property, a leasehold
estate is typically considered personal property.

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 Land registration generally describes systems by which matters concerning
ownership, possession or other rights in land can be recorded to provide evidence
of title, facilitate transactions and to prevent unlawful disposal.

Dakhil Kharij or Mutation is the change of title ownership from one person to
another when the property is sold or transferred. By mutating a property, the new
Land acquisition

owner gets the property recorded on his name in the land revenue department and
the government is able to charge property tax from the rightful owner.

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Land acquisition Allotment and Possession of property

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