Patents and Design Act, 1970 PDF / PPT

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Patents and Design Act, 1970

• A brief discussion on intellectual property rights (IPRs), which
includes industrial properties such as Patents, Trademarks,
Industrial designs, Geographical Indications, Trade secrets and
• Types of patents and procedure for filing of patents with
reference to drugs and pharmaceuticals in India 2
Intended Learning Outcomes

At the end of this lecture, the student will be able to:

•Explain the importance of trademarks

• Distinguish between different marks

•Explain the importance of trade secrets and industrial designs 3
Industrial Designs

▪ Protects the artistic aspect
(namely, texture, pattern,
shape) of an object instead of
the technical features
▪ The term of protection (amount
to at least 10 years)
▪ ‘Amount to’ allow the term to
be divided into two periods (for
example two periods of five
years) 4
Industrial Designs
▪ The third party is prohibited from making, selling or importing
articles bearing a design which is a copy of the protected
design, when such acts are undertaken for commercial
▪ Exception: optional mandate, if introduced then such
exceptions do not unreasonably conflict with the normal
exploitation of protected industrial designs and do not
unreasonably prejudice the legitimate interests of the owner
of the protected design 5
Layout-designs of integrated circuits

▪ It refers to mask works (topographies) of the
integrated circuits, the stencils used to etch or encode
an electrical circuit on a semiconductor chip
▪ Protection conferred to “original” layout-
design/topographies 6
Layout-designs of integrated

▪ Exclusive rights include the right of
reproduction and the right of
importation, sale and other distribution
for commercial purposes
▪ The term of protection (ten years form
the date of first commercial
exploitation) 7
Trade secrets

•It includes bits of knowledge or ingenuity that can

be patentable but for reasons best known to the

keeper of the secret, are not imparted to the general


•The secret can give the business an economic

advantage over competitors 8
Trade secrets

• As long as the secret is kept a secret , its use can be exclusive

for an indefinite period

•Not limited by time

•No registration costs

•The expensive patent application process is avoided 9
Protection of New Plant Variety and
Plant Breeder’s Right
• Role of farmers and the
contribution of traditional, rural
and tribal communities to the
country’s agro biodiversity were
recognized by this right
• It stimulates investment for R&D
for the development new plant
varieties in order to facilitate the
growth of the seed industry
• The Plant Variety Protection and
Farmers Rights Act 2001 was
enacted in India to mainly
protect the New Plant Variety 10

“A sign distinguishing goods or services
produced or sold by one enterprise (from
those of other enterprises)”. 11
▪ Trademark protects any word, name,
logo, symbol or colour used to identify,
distinguish or indicate the source of
goods or services 12

▪ The purpose is to safeguard the

integrity of products and to

prevent product confusion and

unfair competition

▪ The term of protection extends

for 20 years and can be

renewed forever as long as

they are being used in the

business 13
Functions of trade mark

▪ To identify the goods and their origin

▪ To serve as a guarantee of unchanged quality of the goods

▪ It acts as a marketing and advertising device 14
Genericized Trademark
▪ Trademark may be rendered invalid if it is not used at all or
if it is not used properly
▪ It becomes a common name for the general class of
product or service
▪ Such a trademark is called a Genericized trademark
Eg. Aspirin, Cellophane, Zipper, Escalator, Thermos

▪ Xerox and Band aid have come close to genericization, but
rescued by aggressive corrective campaign 15
Types of Trademarks?
• Trade marks: to distinguish goods

• Service marks: to distinguish services

• Collective marks: to distinguish goods or services by members
of an association

• Certification marks


▪ Industrial design protects the artistic aspect (namely, texture,
pattern, shape) of an object instead of the technical features
▪ Copyright grants exclusive rights to the creator of original
scientific, artistic and literary works

▪ A sign distinguishing goods or services produced or sold by
one enterprise (from those of other enterprises)”.