Module 1: Foundations of IPR - Assessment

Intellectual Property refers to creations of the mind including inventions, literary and artistic works, designs, symbols, names, and images used in commerce. It is intangible property protected by law.

Mortgages are financial instruments related to real property, not intellectual property. The main types of IP include patents, copyrights, trademarks, trade secrets, industrial designs, and geographical indications.

The Statute of Monopolies (1624) enacted in England is considered the foundation of modern patent law. It restricted the Crown's ability to grant monopolies and established that patents could only be granted for new inventions.

Act VI of 1856 was India's first patent legislation, modeled on British patent law. It was later replaced by subsequent enactments including the 1911 Act and eventually the Patents Act, 1970.

The National IPR Policy 2016 was adopted to create awareness about IP, stimulate generation of IP, and establish a robust IPR regime in India. Its slogan is "Creative India; Innovative India".

"Creative India; Innovative India" is the tagline of the National IPR Policy 2016, emphasizing the importance of creativity and innovation in economic development.

Copyright protects original literary, dramatic, musical, and artistic works, cinematograph films, and sound recordings. Patents protect inventions, trademarks protect brand identifiers, and trade secrets protect confidential information.

Geographical Indications identify goods originating from a specific geographical area where a particular quality, reputation, or characteristic is essentially attributable to that origin. Examples include Darjeeling Tea, Champagne, and Basmati Rice.

Article 19(1)(g) guarantees to all citizens the right to practice any profession, or to carry on any occupation, trade, or business. This fundamental right provides constitutional backing for IP-based businesses.

Article 300A states that no person shall be deprived of his property save by authority of law. This constitutional right extends to intellectual property and provides protection against arbitrary deprivation of IP rights.

Entry 49 of List I (Union List) covers patents, inventions, designs, copyrights, and trademarks. This means only the Parliament has the power to make laws on these subjects, ensuring uniform IP laws across India.

The Department for Promotion of Industry and Internal Trade (DPIIT) under the Ministry of Commerce and Industry administers IP rights in India, including patents, trademarks, designs, and geographical indications.

DPIIT - Department for Promotion of Industry and Internal Trade is the nodal department for administration of IP rights in India, responsible for policy formulation and implementation.

R.G. Anand v. Delux Films (1978) is a landmark Supreme Court case that established the idea-expression dichotomy in Indian copyright law - ideas are not protected, only their original expression is.

Article 51(c) is part of the Directive Principles of State Policy and directs the State to foster respect for international law and treaty obligations. This is relevant for implementing international IP treaties like TRIPS.

Article 253 empowers Parliament to make laws for implementing any treaty, agreement, or convention with any other country or any decision made at any international conference, including IP treaties.

TRIPS - Trade Related Aspects of Intellectual Property Rights is an international agreement administered by the WTO that sets minimum standards for IP regulation among member nations.

The Paris Convention (1883) was the first major international treaty on industrial property, establishing principles like national treatment and priority rights for patents, trademarks, and industrial designs.

The Berne Convention (1886) is the international treaty governing copyright protection for literary and artistic works. It establishes automatic protection without registration and minimum protection standards.

WIPO - World Intellectual Property Organization is a UN specialized agency headquartered in Geneva, dedicated to developing a balanced and accessible international IP system.

The Doha Declaration (2001) affirmed that TRIPS should not prevent countries from taking measures to protect public health. It recognized flexibilities like compulsory licensing for access to essential medicines.

Under Article 33 of TRIPS, the minimum term of patent protection is 20 years from the filing date of the application. India complies with this requirement under the Patents Act, 1970.

Digital technology enables easy, perfect reproduction and instant global distribution of copyrighted content, making enforcement difficult and leading to widespread piracy.

NFT - Non-Fungible Token is a unique digital identifier recorded on a blockchain that certifies authenticity and ownership of digital assets. NFTs raise new questions about digital IP rights.

Domain name disputes for .in domains are resolved through INDRP (.IN Domain Dispute Resolution Policy) administered by NIXI, or through civil courts under trademark/passing off laws.

Cybersquatting is the practice of registering domain names containing well-known trademarks in bad faith, typically to sell them to the trademark owner or to profit from the brand's goodwill.

The IT Act, 2000 provides legal recognition to electronic records and digital signatures, facilitating e-commerce and e-governance. It also addresses cybercrimes and data protection.

Section 79 of the IT Act, 2000 provides safe harbor protection to intermediaries (like ISPs, social media platforms) from liability for third-party content, subject to due diligence requirements.

CGPDTM - Controller General of Patents, Designs and Trade Marks is the head of the Indian Patent Office and is responsible for administration of patents, designs, trademarks, and geographical indications.

The head office of the Indian Patent Office is located in Kolkata. Branch offices are located in Delhi, Mumbai, and Chennai. Each office has territorial jurisdiction over different states.

The head office of the Trademark Registry is in Mumbai. Branch offices are in Delhi, Kolkata, Chennai, and Ahmedabad for registration of trademarks.

The Commercial Courts Act, 2015 established specialized commercial courts to expedite resolution of commercial disputes, including IP disputes of specified value.

After the dissolution of IPAB, appeals from decisions of the Controller of Patents now lie to the High Court having jurisdiction over the matter.

The IPAB was abolished in 2021 by the Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance, 2021. Its functions were transferred to High Courts.

IP Due Diligence is critical during M&A transactions, investments, and licensing deals to assess the value, validity, ownership, and risks associated with IP assets.

An IP Audit is a systematic review to identify, document, and assess all IP assets owned, used, or acquired by an organization, and to evaluate their protection status and commercial potential.

Novartis v. Union of India (2013) is a landmark Supreme Court case interpreting Section 3(d) of the Patents Act. It held that mere discovery of a new form of a known substance without enhanced efficacy does not qualify for patent protection.

Yahoo! Inc. v. Akash Arora (1999) was one of India's first cases on domain name disputes. The Delhi High Court applied passing off principles and restrained the defendant from using "yahooindia.com".

The Income Approach to IP valuation estimates the future economic benefits attributable to the IP and discounts them to present value. It considers factors like royalty rates, useful life, and discount rates.

Bayer v. Natco (2012) was India's first compulsory license case where the Controller of Patents granted a compulsory license to Natco for Bayer's cancer drug Sorafenib (Nexavar) under Section 84 of the Patents Act.