Mr. T. Kathiroli, Assistant Professor
Department of Agricultural Economics
Intellectual Property Rights
Theory Notes
, Mr. T. Kathiroli, Assistant Professor
Department of Agricultural Economics
Intellectual Property Rights (1+0)
Theory
Unit 1:
Introduction and meaning of intellectual property, brief introduction to GATT, WTO, TRIPS
and WIPO, Treaties for IPR protection: Madrid Protocol, Berne Convention, Budapest Treaty, etc.
Unit 2:
Types of IP and legislations covering IPR in India: Patents, copyrights, trademarks, industrial
design, geographical indication, integrated circuits and trade secrets.
Unit 3:
Patents Act 1970, Patent systems in India, patentability, process and product patent, filing of
patent, patent specifications, patent claims, patent opposition and revocation, infringement, compulsory
licensing, Patent Cooperation Treaty, patent search and patent database.
Unit 4:
Origin, history, including a brief introduction to UPOV for protection of plant varieties,
protection of plant varieties under UPOV and PPV & FR Act of India, Plant Breeders rights, registration
of plant varieties under PPV & FR Act 2001, breeders, researchers and farmers’ rights. Traditional
knowledge - meaning and rights of TK holders.
Unit 5:
Convention on Biological Diversity, International Treaty on Plant Genetic Resources for Food
and Agriculture (ITPGRFA), Indian Biological Diversity Act, 2002 and its salient features, access and
benefit sharing.
Lecture Schedule
1. Meaning, concepts and historical developments of Intellectual Property Rights.
2. Introduction to GATT, WTO, TRIPS and WIPO - role and importance
3. Treaties for IPR protection: Madrid Protocol, Berne Convention, Budapest Treaty, etc.
4. Types of IP and legislations covering IPR in India.
5. Patents, copyrights, trademarks, industrial design,
6. Geographical indication and its importance, integrated circuits, trade secrets.
7. Patents Act 1970, Patent systems in India, patentability, process and product patent, filing of patent.
8. Patent specifications, patent claims, patent opposition and revocation, infringement.
9. Compulsory licensing, Patent Cooperation Treaty, patent search and patent database.
10. Origin, history, including a brief introduction to UPOV.
11. Protection of plant varieties under UPOV and PPV & FR Act of India.
12. Plant Breeders' rights, registration of plant varieties under PPV & FR Act 2001, breeders, researchers
and farmers’ rights.
13. Traditional knowledge - meaning and rights of TK holders and IPR.
14. Convention on Biological Diversity, International Treaty on Plant Genetic Resources for Food and
Agriculture (ITPGRFA)
15. Indian Biological Diversity Act, 2002 and its salient features, access and benefit sharing.
16. Research collaborations in agriculture and the role of IPR in protecting public institute inventions.
, Mr. T. Kathiroli, Assistant Professor
Department of Agricultural Economics
Note: Lectures No. 1 to 10 (Unit 1, 2 & 3) to be handled by the Department of Agricultural Economics and
from 11 to 17 (Unit 4 & 5) to be handled by the Department of Genetics and Plant Breeding.
Reference:
1. Vinod V. Sople, 2014, Managing intellectual Property: The Strategic imperative. PHI Learning
Private Limited, N. Delhi
2. Acharya, N.K., Textbook of Intellectual Property Rights, 2002, Asia Law House, Hyderabad.
3. Keith, E. Maskus, 2000, Intellectual Property Rights in the Global Economy, Institute for
International Economics.
4. Jennewein, Klaus,2004, Intellectual Property Management, Springer Verlag, US
5. Erbisch FH and Maredia K. 1998 Intellectual Properties in Agricultural Biotechnology. CABI
6. Ganguli, P. 2001.Intellectual Property Rights: Unleashing Knowledge Economy. McGraw-Hill.
7. Ministry of Agriculture, GOI 2004.State of the Indian Farmer. Vol. V Technology generations and
IPR issues. Academic Foundation.
8. Rothschild M and Scott N (Ed). .2003. Intellectual Property Rights in Animal Breeding and
Genetics. CABI.
9. Saha R (Ed). 2006. Intellectual Property Rights in the NAM and Other Developing Countries. A
Compendium on Law and Policies. Daya Pub. House.
10. Indian Acts- Patents Act 1970 and amendments; Design Act, 2000; Trademarks Act 1999;
Copyrights Act,1957; Layout design Act 2000; PPV and FR Act,2001, and rules 2003; National Bio
Diversity Act,
, Mr. T. Kathiroli, Assistant Professor
Department of Agricultural Economics
Lecture: 01 Meaning, concepts and historical developments of Intellectual Property Rights.
What is Intellectual Property?
Intellectual property (IP) is a term referring to creations of the intellect (the term used in studies
of the human mind) for which a monopoly is assigned to designated owners by law. Intellectual
property (IP) refers to the creations of the human mind, such as inventions, literary and artistic works,
and symbols, names, images, and designs used in commerce - WIPO.
Intellectual property is divided into two categories: Industrial property, which includes
inventions (patents), trademarks, Industrial designs, and Geographic indications of source; and
Copyright, which includes literary and artistic works such as novels, poems and plays, films, musical
works, artistic works such as drawings, paintings, photographs and sculptures, and architectural
designs. In simple terms, Intellectual Property Deals with the Creation of our minds, such as poems,
Designs, Photographs, Songs, Trade secrets, methods, and inventions.
The concept of intellectual property is not new, as Renaissance northern Italy is thought to be
the cradle of the Intellectual Property system. A Venetian Law of 1474 made the first systematic attempt
to protect inventions by a form of patent, which granted an exclusive right to an individual for the first
time. In the same century, the invention of movable type and the printing press by Johannes Gutenberg
around 1450 contributed to the origin of the first copyright system in the world.
What is the Difference between Property & Intellectual Property?
The most noticeable difference between intellectual property and other forms of property,
however, is that intellectual property is intangible; that is, it cannot be defined or identified by its
physical parameters. It must be expressed in some discernible way to be protectable. Generally, it
encompasses four separate and distinct types of intangible property, namely patents, trademarks,
copyrights & trade secrets, which collectively are referred to as “intellectual property.”
What are the Intellectual Property Rights?
Intellectual Property Rights are legal rights governing the use of creations of the human mind.
A right that is held by a person or by a company to have exclusive rights to use its plans, ideas, or other
intangible assets without the worry of competition, at least for a specific period. These rights can
include copyrights, patents, trademarks, and trade secrets. Creators are given the right to prevent others
from using their inventions, designs or other creations. These rights are known as intellectual property
rights.
What are the Types of Intellectual Property Rights?
❖ Patents
❖ Copyrights
❖ Trademarks
❖ Industrial design
Department of Agricultural Economics
Intellectual Property Rights
Theory Notes
, Mr. T. Kathiroli, Assistant Professor
Department of Agricultural Economics
Intellectual Property Rights (1+0)
Theory
Unit 1:
Introduction and meaning of intellectual property, brief introduction to GATT, WTO, TRIPS
and WIPO, Treaties for IPR protection: Madrid Protocol, Berne Convention, Budapest Treaty, etc.
Unit 2:
Types of IP and legislations covering IPR in India: Patents, copyrights, trademarks, industrial
design, geographical indication, integrated circuits and trade secrets.
Unit 3:
Patents Act 1970, Patent systems in India, patentability, process and product patent, filing of
patent, patent specifications, patent claims, patent opposition and revocation, infringement, compulsory
licensing, Patent Cooperation Treaty, patent search and patent database.
Unit 4:
Origin, history, including a brief introduction to UPOV for protection of plant varieties,
protection of plant varieties under UPOV and PPV & FR Act of India, Plant Breeders rights, registration
of plant varieties under PPV & FR Act 2001, breeders, researchers and farmers’ rights. Traditional
knowledge - meaning and rights of TK holders.
Unit 5:
Convention on Biological Diversity, International Treaty on Plant Genetic Resources for Food
and Agriculture (ITPGRFA), Indian Biological Diversity Act, 2002 and its salient features, access and
benefit sharing.
Lecture Schedule
1. Meaning, concepts and historical developments of Intellectual Property Rights.
2. Introduction to GATT, WTO, TRIPS and WIPO - role and importance
3. Treaties for IPR protection: Madrid Protocol, Berne Convention, Budapest Treaty, etc.
4. Types of IP and legislations covering IPR in India.
5. Patents, copyrights, trademarks, industrial design,
6. Geographical indication and its importance, integrated circuits, trade secrets.
7. Patents Act 1970, Patent systems in India, patentability, process and product patent, filing of patent.
8. Patent specifications, patent claims, patent opposition and revocation, infringement.
9. Compulsory licensing, Patent Cooperation Treaty, patent search and patent database.
10. Origin, history, including a brief introduction to UPOV.
11. Protection of plant varieties under UPOV and PPV & FR Act of India.
12. Plant Breeders' rights, registration of plant varieties under PPV & FR Act 2001, breeders, researchers
and farmers’ rights.
13. Traditional knowledge - meaning and rights of TK holders and IPR.
14. Convention on Biological Diversity, International Treaty on Plant Genetic Resources for Food and
Agriculture (ITPGRFA)
15. Indian Biological Diversity Act, 2002 and its salient features, access and benefit sharing.
16. Research collaborations in agriculture and the role of IPR in protecting public institute inventions.
, Mr. T. Kathiroli, Assistant Professor
Department of Agricultural Economics
Note: Lectures No. 1 to 10 (Unit 1, 2 & 3) to be handled by the Department of Agricultural Economics and
from 11 to 17 (Unit 4 & 5) to be handled by the Department of Genetics and Plant Breeding.
Reference:
1. Vinod V. Sople, 2014, Managing intellectual Property: The Strategic imperative. PHI Learning
Private Limited, N. Delhi
2. Acharya, N.K., Textbook of Intellectual Property Rights, 2002, Asia Law House, Hyderabad.
3. Keith, E. Maskus, 2000, Intellectual Property Rights in the Global Economy, Institute for
International Economics.
4. Jennewein, Klaus,2004, Intellectual Property Management, Springer Verlag, US
5. Erbisch FH and Maredia K. 1998 Intellectual Properties in Agricultural Biotechnology. CABI
6. Ganguli, P. 2001.Intellectual Property Rights: Unleashing Knowledge Economy. McGraw-Hill.
7. Ministry of Agriculture, GOI 2004.State of the Indian Farmer. Vol. V Technology generations and
IPR issues. Academic Foundation.
8. Rothschild M and Scott N (Ed). .2003. Intellectual Property Rights in Animal Breeding and
Genetics. CABI.
9. Saha R (Ed). 2006. Intellectual Property Rights in the NAM and Other Developing Countries. A
Compendium on Law and Policies. Daya Pub. House.
10. Indian Acts- Patents Act 1970 and amendments; Design Act, 2000; Trademarks Act 1999;
Copyrights Act,1957; Layout design Act 2000; PPV and FR Act,2001, and rules 2003; National Bio
Diversity Act,
, Mr. T. Kathiroli, Assistant Professor
Department of Agricultural Economics
Lecture: 01 Meaning, concepts and historical developments of Intellectual Property Rights.
What is Intellectual Property?
Intellectual property (IP) is a term referring to creations of the intellect (the term used in studies
of the human mind) for which a monopoly is assigned to designated owners by law. Intellectual
property (IP) refers to the creations of the human mind, such as inventions, literary and artistic works,
and symbols, names, images, and designs used in commerce - WIPO.
Intellectual property is divided into two categories: Industrial property, which includes
inventions (patents), trademarks, Industrial designs, and Geographic indications of source; and
Copyright, which includes literary and artistic works such as novels, poems and plays, films, musical
works, artistic works such as drawings, paintings, photographs and sculptures, and architectural
designs. In simple terms, Intellectual Property Deals with the Creation of our minds, such as poems,
Designs, Photographs, Songs, Trade secrets, methods, and inventions.
The concept of intellectual property is not new, as Renaissance northern Italy is thought to be
the cradle of the Intellectual Property system. A Venetian Law of 1474 made the first systematic attempt
to protect inventions by a form of patent, which granted an exclusive right to an individual for the first
time. In the same century, the invention of movable type and the printing press by Johannes Gutenberg
around 1450 contributed to the origin of the first copyright system in the world.
What is the Difference between Property & Intellectual Property?
The most noticeable difference between intellectual property and other forms of property,
however, is that intellectual property is intangible; that is, it cannot be defined or identified by its
physical parameters. It must be expressed in some discernible way to be protectable. Generally, it
encompasses four separate and distinct types of intangible property, namely patents, trademarks,
copyrights & trade secrets, which collectively are referred to as “intellectual property.”
What are the Intellectual Property Rights?
Intellectual Property Rights are legal rights governing the use of creations of the human mind.
A right that is held by a person or by a company to have exclusive rights to use its plans, ideas, or other
intangible assets without the worry of competition, at least for a specific period. These rights can
include copyrights, patents, trademarks, and trade secrets. Creators are given the right to prevent others
from using their inventions, designs or other creations. These rights are known as intellectual property
rights.
What are the Types of Intellectual Property Rights?
❖ Patents
❖ Copyrights
❖ Trademarks
❖ Industrial design
