Intellectual Property Law
Three (3) Year LL.B. Course - 5th Semester
Paper 5.1: Intellectual Property Law
This resource is for educational purposes only and does not constitute legal advice.
Introduction to Intellectual Property Rights (IPR)
Intellectual Property Rights are legal rights that protect creations of the mind. These rights enable creators to benefit from their inventions, literary and artistic works, symbols, names, images, and designs used in commerce.
Types of Intellectual Property
1. Patents
Patents protect inventions and improvements to existing inventions. A patent gives the inventor exclusive rights to make, use, and sell the invention for a limited period, typically 20 years from the filing date.
Key Features: Novelty, Non-obviousness, Industrial applicability
2. Trademarks
Trademarks protect distinctive signs, symbols, words, or combinations that distinguish goods or services of one enterprise from those of others. Trademark protection can be renewed indefinitely.
Key Features: Distinctiveness, Non-descriptiveness, Not deceptively similar
3. Copyright
Copyright protects original literary, artistic, musical, and dramatic works. It grants the creator exclusive rights to reproduce, distribute, perform, and display the work.
Duration: Generally, lifetime of the author plus 60 years in India
4. Trade Secrets
Trade secrets protect confidential business information that provides a competitive advantage. Unlike patents, trade secrets can potentially last indefinitely.
Examples: Formulas, processes, customer lists, business methods
5. Geographical Indications (GI)
Geographical Indications identify goods as originating from a specific geographical location where quality or reputation is essentially attributable to that origin.
Examples: Darjeeling Tea, Basmati Rice, Mysore Silk
6. Industrial Designs
Industrial designs protect the ornamental or aesthetic aspect of an article. Protection is typically granted for 10-15 years.
Indian IPR Legislation
The Patents Act, 1970: Governs patent law in India
The Trade Marks Act, 1999: Provides for registration and protection of trademarks
The Copyright Act, 1957: Protects original literary, dramatic, musical, and artistic works
The Designs Act, 2000: Provides for registration and protection of industrial designs
The Geographical Indications of Goods Act, 1999: Provides for registration and protection of geographical indications
The Semiconductor Integrated Circuits Layout-Design Act, 2000: Protects semiconductor integrated circuits
International Conventions and Treaties
Paris Convention (1883): Protection of industrial property including patents and trademarks
Berne Convention (1886): Protection of literary and artistic works
TRIPS Agreement (1995): Trade-Related Aspects of Intellectual Property Rights under WTO
Madrid Protocol: International trademark registration system
PCT (Patent Cooperation Treaty): Facilitates international patent applications
IPR Enforcement and Remedies
Civil Remedies: Injunctions, damages, accounts of profits, delivery up of infringing goods
Criminal Remedies: Prosecution for infringement under various IPR statutes
Administrative Remedies: Opposition proceedings, cancellation actions, border measures
Alternative Dispute Resolution: Arbitration, mediation for IPR disputes
Infringement and Exceptions
Patent Infringement: Unauthorized making, using, selling, or importing of patented invention
Trademark Infringement: Unauthorized use of identical or deceptively similar mark
Copyright Infringement: Unauthorized reproduction, distribution, or public performance
Fair Use/Fair Dealing: Limited exceptions for research, education, criticism, and parody
Emerging Issues in IPR
Digital Rights Management: Protection of digital content and online piracy
Biotechnology Patents: Patentability of genes, stem cells, and biological materials
Traditional Knowledge: Protection of indigenous and traditional knowledge
Open Source Movement: Licensing models for software and creative works
Artificial Intelligence: Ownership and protection of AI-generated works
Key Principles and Doctrines
Doctrine of Exhaustion: Rights exhausted after first sale
Doctrine of Acquiescence: Delay in enforcing rights may bar relief
Passing Off: Common law action against misrepresentation
Compulsory Licensing: Statutory provisions for public interest
Parallel Imports: Importation of genuine goods from other markets