RGPV unit 1.

1. Unit I: Cyber world: an overview, internet and online resources, security of information, digital signature, intellectual property
(IP), historical background of IP, IPR governance, National patent offices, the world intellectual property organization (WIPO).
Cyber World: an overview
What is cyber world?
o It is an imaginary or generally called as virtual world created by humans. In cyber world we have homes called as sites with
some addresses known as URL or Domain or simply web addresses and gossiping canteens in our colleges as social networks.
We have a television to watch serials known as YouTube. Simply we are transforming our world into a new virtual world.
o The Cyber World -
1. An online world where users have the mechanisms in place to transact any business or personal activity as easily and freely
as they can transact them in the physical world.
2. An environment for sophisticated online computing.
3. The futuristic online world of computing.
o The charm of Cyber World
Cyber-world has definitely given a sophisticated living to the human race. Let us briefly discuss few of them:
• Networking and Social Networking
The world is living a life of networking. The business stands on the network. Gone are the days when the business was
restricted to the local circles and demanded heavy infrastructure and money to spread the same throughout the country. We
are living an age where the business relies totally on the networking and the Internet has made the spread of business
possible throughout the world in just few clicks away.
The Social networking sites are again a boon for the human beings. This has reduced the distance and made the world come
closer. People could interact with anyone in any part of the world. This social networking is also useful in expanding and
promoting the small scale business fields.
• Brand Building
Internet has a big hand in brand building. Businessman considers the Internet as a boon to promote their brand in much
easier way and they can simply increase their sales without putting in much physical labour. The brands could be publicised
by sitting into the office cabin.
• Online Banking
Online banking is the best facility which has created a great sigh of relief both to the common man and the employees in the
bank. People could easily solve their concerns sitting at the home. There remain very few criteria that requires a personal
visit to the bank. This has reduced the crowd at the bank and the employees can work without stress.
• Shopping, Bill payments and Ticket booking
This is another great facility to shop at home and the product could be delivered directly. The bill payments and ticket-
booking doesn’t take a tedious ride to the centres anymore. The same task can be accomplished sitting at home in much less
time.
• E-books and e-library
Book lovers have a wide range of collection. Many sites provide free reading samples as well. People can also purchase the
book that they desire. We can also gather plenty books into our e-library without accumulating the physical books into our
book shelves.
• Communication and Interaction – world come closer
This is a boon for those who work abroad leaving their family back in their home-land. And those parents who have got their
daughter married far by, can have video interactions. This technology has definitely made hearts closer and the affection has
increased.
• Game Zone
Children and even the adults could find many fascinating games that could be downloaded any time through the Internet.
This game zone provides a wide range of collection of games and people can choose as per their preference.
• News and publicity
The news through the Internet spreads much faster than any physical paper. Gone are the days when people used to buy
newspapers. Everything is now just a click away. People get the news from time-to-time. The publicity of any matter could be
done in much speedy manner to the large masses through the Internet than any other mode.
• Music and video entertainment
Internet provides a wide range of entertainment. All sorts of music and videos, movies and many more things can be
downloaded from the Internet. Even the oldest of collection could be found very easily through the Internet.
• Education
Education is wide field and that has plenty to do with the Internet. The cyber-world provides all sorts of required information
to the students and it is a whole lot of knowledge that a child can gain from the Internet.

2. • Androids and mobile applications
The mobile apps and mobile Internet has fastened the race. People are carrying their complete kit into their pockets. The
world has shrunk and dumped into the pockets of the common man. This very technology has eased out the living multi-fold.
The challenges with the Cyber World
• Lack of time and emotions for the family life
People are in to the world of Internet and they hardly get time to interact, move out and have some good affectionate hours.
People have forgotten the importance of family, friends and relations and all they are concerned is just with the Internet
• Health
Internet has made the health condition miserable. We can find the people in their early twenties with the lifestyle disorders.
The Internet has made the life sedentary and all the physical activities have been completely abolished. This stupid box has
given rise to many new medical terminologies.
• Hacking
This is one of the greatest risks involved in Internet dealings and transactions. Though the websites make sure for the
security check at various levels before proceeding with the transactions, still the human mind, especially the hacker’s mind in
much more brilliant to break through any security.
• Pornography – misuse of photos and videos
The photos and videos of the common man which is uploaded in the social networking sites could be easily accessed and
misused. Pornography is one of the most dangerous hazard of such uploads.
• Safety for women
Women definitely lack safety. The youth especially the girls who get carried away with the social interaction and networking
are many a times be fooled and taken undue advantage of. The social networking has also ruined the lives of girls by playing
up with their character.
• Easy accessibility with lack of restrictions
The easy accessibility and lack of restrictions has led to the spread of unwanted stuff in to the young minds. People might
permit children the usage of Internet for the education purposes, but the adverts that gets popped up every now and then,
deviate the concentration of the children.
Internet and Online resources
In general, Web pages and documents on the Internet that provide useful information. While an online resource is typically data
and educational in nature, any support software available online can also be considered a resource.
We use the term "electronic resources" to refer to a variety of resources available online. This includes our online collections of
magazine and newspaper articles, encyclopedias, financial and investment resources, online language learning systems, business
directories, practice tests and study guides, and live, web-based, one-on-one tutoring.
These and many more are paid and some are free of charge. You just need to log in with your computer. These resources are
available 24 hours a day, seven days a week, from any computer with an Internet connection.
Online sources are informational resources found on the Internet. They include the websites of professional organizations,
electronic versions of reference books, academic journals and periodicals, and even blogs. Online sources are great for research,
as long as you put in the work to determine which sources are reliable! This is a multi-step process that involves
figuring out a particular source’s publisher, author, bias, depth, accuracy, and timeliness.
Security of information:
Information Security is a multidisciplinary area of study and professional activity which is concerned with the development and
implementation of security mechanisms of all available types (technical, organizational, human-oriented and legal) in order to
keep information in all its locations (within and outside the organization’s perimeter) and, consequently, information systems,
where information is created, processed, stored, transmitted and destroyed, free from threats.
Information security, sometimes shortened to InfoSec, is the practice of defending information from unauthorized access, use,
disclosure, disruption, modification, perusal, inspection, recording or destruction.
Security of information can be defined in following ways:
 Integrity
In information security, data integrity means maintaining and assuring the accuracy and consistency of data over its entire life-
cycle. This means that data cannot be modified in an unauthorized or undetected manner. This is not the same thing as referential
integrity in databases, although it can be viewed as a special case of consistency as understood in the classic ACID model of
transaction processing. Information security systems typically provide message integrity in addition to data confidentiality.
 Availability
For any information system to serve its purpose, the information must be available when it is needed. This means that the
computing systems used to store and process the information, the security controls used to protect it, and the communication
channels used to access it must be functioning correctly. High availability systems aim to remain available at all times, preventing
service disruptions due to power outages, hardware failures, and system upgrades. Ensuring availability also involves preventing
denial-of-service attacks, such as a flood of incoming messages to the target system essentially forcing it to shut down.
 Authenticity

3. In computing and information security, it is necessary to ensure that the data, transactions, communications or documents
(electronic or physical) are genuine. It is also important for authenticity to validate that both parties involved are who they claim
to be. Some information security systems incorporate authentication features such as "digital signatures", which give
evidence that the message data is genuine and was sent by someone possessing the proper signing key.
 Non-repudiation
In law, non-repudiation implies one's intention to fulfil their obligations to a contract. It also implies that one party of a
transaction cannot deny having received a transaction nor can the other party deny having sent a transaction.
It is important to note that while technology such as cryptographic systems can assist in nonrepudiation efforts; the concept is at
its core a legal concept transcending the realm of technology. It is not, for instance, sufficient to show that the message matches a
digital signature signed with the sender's private key, and thus only the sender could have sent the message and nobody else
could have altered it in transit. The alleged sender could in return demonstrate that the digital signature algorithm is vulnerable
or flawed, or allege or prove that his signing key has been compromised. The fault for these violations may or may not lie with the
sender himself, and such assertions may or may not relieve the sender of liability, but the assertion would invalidate the claim
that the signature necessarily proves authenticity and integrity and thus prevents repudiation.
Digital signature:
A digital signature is a mathematical scheme for demonstrating the authenticity of a digital message or document. A valid digital
signature gives a recipient reason to believe that the message was created by a known sender, such that the sender cannot deny
having sent the message (authentication and non-repudiation) and that the message was not altered in transit (integrity). Digital
signatures are commonly used for software distribution, financial transactions, and in other cases where it is important to detect
forgery or tampering.
It should be noticed that instead of signing data directly by signing algorithm, usually a hash of data is created. Since the hash of
data is a unique representation of data, it is sufficient to sign the hash in place of data. The most important reason of using hash
instead of data directly for signing is efficiency of the scheme.
Signing large data through modular exponentiation is computationally expensive and time consuming. The hash of the data is a
relatively small digest of the data, hence signing a hash is more efficient than signing the entire data.
Intellectual Property
Intellectual property (IP) refers to creations of the intellect for which a monopoly is assigned to designated owners by law.
Intellectual property rights (IPRs) are the protections granted to the creators of IP, and
include trademarks, copyright, patents, industrial design rights, and in some jurisdictions trade secrets. Artistic works including
music and literature, as well as discoveries, inventions, words, phrases, symbols, and designs can all be protected as intellectual
property. Intellectual property rights are themselves a form of property, called intangible property.
While intellectual property law has evolved over centuries, it was not until the 19th century that the term intellectual
property began to be used, and not until the late 20th century that it became commonplace in the majority of the world.
The Statute of Monopolies (1624) and the British Statute of Anne (1710) are seen as the origins of patent
law and copyright respectively, firmly establishing the concept of intellectual property.
What are intellectual property rights?
Intellectual property rights are like any other property right. They allow creators, or owners, of patents, trademarks or
copyrighted works to benefit from their own work or investment in a creation. These rights are outlined in Article 27 of the
Universal Declaration of Human Rights, which provides for the right to benefit from the protection of moral and material interests
resulting from authorship of scientific, literary or artistic productions.
The importance of intellectual property was first recognized in the Paris Convention for the Protection of Industrial Property
(1883) and the Berne Convention for the Protection of Literary and Artistic Works (1886). Both treaties are administered by the
World Intellectual Property Organization (WIPO).
Why promote and protect intellectual property?
1. The progress and well-being of humanity rest on its capacity to create and invent new works in the areas of technology and
culture.
2. The legal protection of new creations encourages the commitment of additional resources for further innovation.
3. The promotion and protection of intellectual property spurs economic growth, creates new jobs and industries, and enhances
the quality and enjoyment of life.
An efficient and equitable intellectual property system can help all countries to realize intellectual property’s potential as a
catalyst for economic development and social and cultural well-being. The intellectual property system helps strike a balance
between the interests of innovators and the public interest, providing an environment in which creativity and invention can
flourish, for the benefit of all.
How does the average person benefit?
Some examples:
1. The multibillion dollar film, recording, publishing and software industries – which bring pleasure to millions of people
worldwide – would not exist without copyright protection.
2. Without the rewards provided by the patent system, researchers and inventors would have little incentive to continue
producing better and more efficient products for consumers.
3. Consumers would have no means to confidently buy products or services without reliable, international trademark
protection and enforcement mechanisms to discourage counterfeiting and piracy.

4. Intellectual property rights
Intellectual property rights include patents, copyright, industrial design rights, trademarks, plant variety rights, trade dress, and
in some jurisdictions trade secrets.
Patents
A patent is a form of right granted by the government to an inventor, giving the owner the right to exclude others from making,
using, selling, offering to sell, and importing an invention for a limited period of time, in exchange for the public disclosure of the
invention. An invention is a solution to a specific technological problem, which may be a product or a process and generally has to
fulfil three main requirements: it has to be new, not obvious and there needs to be an industrial applicability.
Copyright
A copyright gives the creator of an original work exclusive rights to it, usually for a limited time. Copyright may apply to a wide
range of creative, intellectual, or artistic forms, or "works". Copyright does not cover ideas and information themselves, only the
form or manner in which they are expressed.
Industrial design rights
An industrial design right (sometimes called "design right") protects the visual design of objects that are not purely utilitarian. An
industrial design consists of the creation of a shape, configuration or composition of pattern or colour, or combination of pattern
and colour in three-dimensional form containing aesthetic value. An industrial design can be a two- or three-dimensional pattern
used to produce a product, industrial commodity or handicraft.
Plant varieties
Plant breeders' rights or plant variety rights are the rights to commercially use a new variety of a plant. The variety must amongst
others be novel and distinct and for registration the evaluation of propagating material of the variety is examined.
Trademarks
A trademark is a recognizable sign, design or expression which distinguishes products or services of a particular trader from the
similar products or services of other traders.
Trade dress
Trade dress is a legal term of art that generally refers to characteristics of the visual appearance of a product or its packaging (or
even the design of a building) that signify the source of the product to consumers.
In India, the new Trade Marks Act, 1999, which came into force in September 2003 introduced a new legal definition of a trade
mark, which, in part, encompasses almost all the elements of trade dress.
Trade secrets
A trade secret is a formula, practice, process, design, instrument, pattern, or compilation of information which is not generally
known or reasonably ascertainable, by which a business can obtain an economic advantage over competitors or customers.
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What is patent?
A patent is an exclusive right granted for an invention – a product or process that provides a new way of doing something, or that
offers a new technical solution to a problem. A patent provides patent owners with protection for their inventions. Protection is
granted for a limited period, generally 20 years. Patents are not just abstract concepts; they play an invaluable, practical role in
everyday life. By rewarding ideas, patents encourage the development of innovations and new technologies in every field.
What does it mean to “license a patent” and why is it done? ↓
Licensing a patent simply means that the patent owner grants permission to another individual/organization to make, use, sell
etc. his/her patented invention. This takes place according to agreed terms and conditions (for example, defining the amount and
type of payment to be made by the licensee to the licensor), for a defined purpose, in a defined territory, and for an agreed period
of time.
A patent owner may grant a license to a third party for many reasons. The patent owner may not have the necessary
manufacturing facilities, for example, and therefore opts to allow others to make and sell his/her patented invention in return for
“royalty” payments. Alternatively, a patent owner may have manufacturing facilities, but they may not be large enough to cover
market demand. In this case, he/she may be interested in licensing the patent to another manufacturer in order to benefit from
another income stream. Another possible situation is one in which the patent owner wishes to concentrate on one geographic
market; therefore, the patent owner may choose to grant a license to another individual/organization, with interests in other
geographical markets. Entering into a licensing agreement can help to build a mutually-beneficial business relationship.
Unlike selling or transferring a patent to another party, the licensor continues to have property rights over the patented invention.
What kind of protection does patent offers?
In principle, the patent owner has the exclusive right to prevent or stop others from commercially exploiting the patented
invention. In other words, patent protection means that the invention cannot be commercially made, used, distributed, imported
or sold by others without the patent owner's consent.
Patents are territorial rights. In general, the exclusive rights are only applicable in the country or region in which a patent has
been filed and granted, in accordance with the law of that country or region.
Patent rights are usually enforced in a court on the initiative of the right owner. In most systems a court of law has the authority to
stop patent infringement. However, the main responsibility for monitoring, identifying, and taking action against infringers of a
patent lies with the patent owner.
Patents may be granted for inventions in any field of technology, from an everyday kitchen utensil to a nanotechnology chip. An
invention can be a product – such as a chemical compound, or a process, for example – or a process for producing a specific
chemical compound. Many products in fact contain a number of inventions. For example, a laptop computer can involve hundreds
of inventions, working together.
What conditions must be met to obtain patent protection? ↓
There are numerous conditions that must be met in order to obtain a patent and it is not possible to compile an exhaustive,
universally applicable list. However, some of the key conditions include the following:

5.  The invention must show an element of novelty; that is, some new characteristic which is not known in the body of
existing knowledge in its technical field. This body of existing knowledge is called “prior art”.
 The invention must involve an “inventive step” or “non-obvious”, which means that it could not be obviously deduced by a
person having ordinary skill in the relevant technical field.
 The invention must be capable of industrial application, meaning that it must be capable of being used for an industrial
or business purpose beyond a mere theoretical phenomenon, or be useful.
 Its subject matter must be accepted as “patentable” under law. In many countries, scientific theories, aesthetic creations,
mathematical methods, plant or animal varieties, discoveries of natural substances, commercial methods, methods for
medical treatment (as opposed to medical products) or computer programs are generally not patentable.
 The invention must be disclosed in an application in a manner sufficiently clear and complete to enable it to be replicated
by a person with an ordinary level of skill in the relevant technical field.
Who grants patents? ↓
A patent is granted by a national patent office or by a regional office that carries out the task for a number of countries. Currently,
the following regional patent offices are in operation:
 The Indian Patent Office is administered by the Office of the Controller General of Patents, Designs & Trade Marks
(CGPDTM). This is a subordinate office of the Government of India and administers the Indian law of Patents, Designs and
Trade Marks.
 European Patent Office (EPO)
Under such regional systems, an applicant requests protection for an invention in one or more member states of the regional
organization in question. The regional office accepts these patent applications, which have the same effect as national
applications, or grants patents, if all the criteria for the grant of such a regional patent are met. There is currently, no universal,
international system for the grant of patents.
Do I need a patent attorney/agent to prepare and file a patent application? ↓
In general, applicants can prepare their patent applications and file them without assistance from a patent attorney. However,
given the complexity of patent documents and the legal skills required, such as claim drafting, it is highly advisable to seek legal
assistance from a patent attorney/agent when drafting a patent application.
Furthermore, the legislation of many countries requires that an applicant, whose ordinary residence or principal place of
business is outside the country, be represented by an attorney or agent qualified in the country (which usually means an agent or
attorney who resides and practices in that country). Information on the qualifieds attorneys and agents can be obtained directly
from national and regional IP offices.
How much does it cost to patent an invention? ↓
The costs vary considerably from country to country (and even within a country).
The cost of patenting an invention depends on factors such as the nature of the invention, its complexity, patent attorney’s fees,
the length of the application, and possible objections raised during the examination by the patent office. Some countries offer
discounts to small- and medium-sized enterprises and applicants filing the application online. In addition, some countries allow
expedited examination upon payment of additional fees.
How can patents be obtained worldwide? ↓
At present, you cannot obtain a universal “world patent” or “international patent”. Patents are territorial rights. In general, an
application for a patent must be filed, and the patent granted and enforced, in each country in which you seek patent protection
for your invention, in accordance with the law of that country. Therefore, one way of obtaining patents in a number of countries is
to file a national patent application with each relevant national patent office.
If you are seeking patent protection in a number of countries worldwide, a good option is to file an international application
under the Patent Cooperation Treaty (PCT), administered by WIPO. Any resident or national of a state party to the
PCT (contracting state) can file a single international application which has the effect of a national patent application (and certain
regional patent applications) in some or all PCT contracting states.
Can the decision to grant a patent be challenged? ↓
The grant of a patent can be challenged either via a patent office or in a court of law. A court may invalidate or revoke a patent
upon a successful challenge by a third party. In addition, many patent offices provide administrative procedures that allow third
parties to oppose to the grant of a patent (including so-called "opposition systems"), for example, on the basis that the claimed
invention is not new or does not involve an inventive step.
Is it possible to extend the term of patent protection? ↓
In some countries, patent protection may be extended beyond 20 years or a Supplementary Protection Certificate (SPC) may be
issued in very specific cases.
What is a trademark?
A trademark is a distinctive sign that identifies certain goods or services produced or provided by an individual or a company. Its
origin dates back to ancient times when craftsmen reproduced their signatures, or “marks”, on their artistic works or products of
a functional or practical nature. Over the years, these marks have evolved into today’s system of trademark registration and
protection. The system helps consumers to identify and purchase a product or service based on whether its specific
characteristics and quality – as indicated by its unique trademark – meet their needs.
What do trademarks do? Trademark protection ensures that the owners of marks have the exclusive right to use them to
identify goods or services, or to authorize others to use them in return for payment. The period of protection varies, but a
trademark can be renewed indefinitely upon payment of the corresponding fees. Trademark protection is legally enforced by
courts that, in most systems, have the authority to stop trademark infringement. In a larger sense, trademarks promote initiative
and enterprise worldwide by rewarding their owners with recognition and financial profit. Trademark protection also hinders the
efforts of unfair competitors, such as counterfeiters, to use similar distinctive signs to market inferior or different products or

6. services. The system enables people with skill and enterprise to produce and market goods and services in the fairest possible
conditions, thereby facilitating international trade.
What kinds of trademarks can be registered? Trademarks may be one or a combination of words, letters and numerals. They
may consist of drawings, symbols or three-dimensional signs, such as the shape and packaging of goods. In some countries, non-
traditional marks may be registered for distinguishing features such as holograms, motion, colour and non-visible signs (sound,
smell or taste). In addition to identifying the commercial source of goods or services, several other trademark categories also
exist. Collective marks are owned by an association whose members use them to indicate products with a certain level of quality
and who agree to adhere to specific requirements set by the association. Such associations might represent, for example,
accountants, engineers or architects. Certification marks are given for compliance with defined standards but are not confined to
any membership. They may be granted to anyone who can certify that their products meet certain established standards. Some
examples of recognized certification are the internationally accepted “ISO 9000” quality standards and Ecolabels for products
with reduced environmental impact.
How is a trademark registered? First, an application for registration of a trademark must be filed with the appropriate national
or regional trademark office. The application must contain a clear reproduction of the sign filed for registration, including any
colours, forms or three-dimensional features. It must also contain a list of the goods or services to which the sign would apply.
The sign must fulfil certain conditions in order to be protected as a trademark or other type of mark. It must be distinctive, so that
consumers can distinguish it from trademarks identifying other products, as well as identify a particular product with it. It must
neither mislead nor deceive customers nor violate public order or morality. Finally, the rights applied for cannot be the same as,
or similar to, rights already granted to another trademark owner. This may be determined through search and examination by
national offices, or by the opposition of third parties who claim to have similar or identical rights.
How extensive is trademark protection? Almost all countries in the world register and protect trademarks. Each national or
regional office maintains a Register of Trademarks containing full application information on all registrations and renewals,
which facilitates examination, search and potential opposition by third parties. The effects of the registration are, however, limited
to the country (or, in the case of regional registration, countries) concerned. To avoid the need to register separate applications
with each national or regional office, WIPO administers an international registration system for trademarks. The system is
governed by two treaties: The Madrid Agreement Concerning the International Registration of Marks and the Madrid Protocol.
Persons with a link (be it through nationality, domicile or establishment) to a country party to one or both of these treaties may,
on the basis of a registration or application with the trademark office of that country (or related region), obtain an international
registration having effect in some or all of the other countries of the Madrid Union.
Symbols
The two symbols associated with U.S. trademarks ™ (the trademark symbol) and ® (the registered trademark symbol) represent
the status of a mark and accordingly its level of protection. While ™ can be used with any common law usage of a mark, ® may
only be used by the owner of a mark following registration with the relevant national authority, such as the U.S. Patent and
Trademark Office (USPTO or PTO). The proper manner to display either symbol is immediately following the mark in superscript
style.
What are Copyright and Related Rights?
Copyright laws grant authors, artists and other creators protection for their literary and artistic creations, generally referred to as
“works”. A closely associated field is “related rights” or rights related to copyright that encompass rights similar or identical to
those of copyright, although sometimes more limited and of shorter duration. The beneficiaries of related rights are: performers
(such as actors and musicians) in their performances; producers of phonograms (for example, compact discs) in their sound
recordings; and broadcasting organizations in their radio and television programs. Works covered by copyright include, but are
not limited to: novels, poems, plays, reference works, newspapers, advertisements, computer programs, databases, films, musical
compositions, choreography, paintings, drawings, photographs, sculpture, architecture, maps and technical drawings.
What rights do copyright and related rights provide?
The creators of works protected by copyright, and their heirs and successors (generally referred to as “right holders”), have
certain basic rights under copyright law. They hold the exclusive right to use or authorize others to use the work on agreed terms.
The right holder(s) of a work can authorize or prohibit: its reproduction in all forms, including print form and sound recording;
its public performance and communication to the public; its broadcasting; its translation into other languages; and its adaptation,
such as from a novel to a screenplay for a film. Similar rights of, among others, fixation (recording) and reproduction are granted
under related rights. Many types of works protected under the laws of copyright and related rights require mass distribution,
communication and financial investment for their successful dissemination (for example, publications, sound recordings and
films). Hence, creators often transfer these rights to companies better able to develop and market the works, in return for
compensation in the form of payments and/or royalties (compensation based on a percentage of revenues generated by the
work). The economic rights relating to copyright are of limited duration – as provided for in the relevant WIPO treaties –
beginning with the creation and fixation of the work, and lasting for not less than 50 years after the creator’s death. National laws
may establish longer terms of protection. This term of protection enables both creators and their heirs and successors to benefit
financially for a reasonable period of time. Related rights enjoy shorter terms, normally 50 years after the performance, recording
or broadcast has taken place. Copyright and the protection of performers also include moral rights, meaning the right to claim
authorship of a work, and the right to oppose changes to the work that could harm the creator’s reputation. Rights provided for
under copyright and related rights laws can be enforced by right holders through a variety of methods and fora, including civil
action suits, administrative remedies and criminal prosecution. Injunctions, orders requiring destruction of infringing items,
inspection orders, among others, are used to enforce these rights.

7. What are the benefits of protecting copyright and related rights?
Copyright and related rights protection is an essential component in fostering human creativity and innovation. Giving authors,
artists and creators incentives in the form of recognition and fair economic reward increases their activity and output and can
also enhance the results. By ensuring the existence and enforceability of rights, individuals and companies can more easily invest
in the creation, development and global dissemination of their works. This, in turn, helps to increase access to and enhance the
enjoyment of culture, knowledge and entertainment the world over, and also stimulates economic and social development.
Exceptions to copyright
There are some exceptions to what copyright will protect. Copyright will not protect:
 Names of products
 Names of businesses, organizations, or groups
 Pseudonyms of individuals
 Titles of works
 Catchwords, catchphrases, mottoes, slogans, or short advertising expressions
 Listings of ingredients in recipes, labels, and formulas, however the directions can be copyrighted.
Exclusive rights (to copyright holder)
 to produce copies or reproductions of the work and to sell those copies (including, typically, electronic copies)
 to import or export the work
 to create derivative works (works that adapt the original work)
 to perform or display the work publicly
 to sell or cede these rights to others
 to transmit or display by radio or video.
What is a Trade Secret?
Broadly speaking, any confidential business information which provides an enterprise a competitive edge may be considered a
trade secret. Trade secrets encompass manufacturing or industrial secrets and commercial secrets. The unauthorized use of such
information by persons other than the holder is regarded as an unfair practice and a violation of the trade secret. Depending on
the legal system, the protection of trade secrets forms part of the general concept of protection against unfair competition or is
based on specific provisions or case law on the protection of confidential information.
The subject matter of trade secrets is usually defined in broad terms and includes sales methods, distribution methods, consumer
profiles, advertising strategies, lists of suppliers and clients, and manufacturing processes. While a final determination of what
information constitutes a trade secret will depend on the circumstances of each individual case, clearly unfair practices in respect
of secret information include industrial or commercial espionage, breach of contract and breach of confidence.
How are Trade Secrets Protected??
Contrary to patents, trade secrets are protected without registration, that is, trade secrets are protected without any procedural
formalities. Consequently, a trade secret can be protected for an unlimited period of time. For these reasons, the protection of
trade secrets may appear to be particularly attractive for SMEs. There are, however, some conditions for the information to be
considered a trade secret. Compliance with such conditions may turn out to be more difficult and costly than it would appear at
first glance. While these conditions vary from country to country, some general standards exist which are referred to in Art. 39 of
the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement):
 The information must be secret (i.e. it is not generally known among, or readily accessible to, circles that normally deal
with the kind of information in question).
 It must have commercial value because it is a secret.
 It must have been subject to reasonable steps by the rightful holder of the information to keep it secret
Patents or Trade Secrets?
Trade secrets are essentially of two kinds. On the one hand, trade secrets may concern inventions or manufacturing processes
that do not meet the patentability criteria and therefore can only be protected as trade secrets. This would be the case of
customers lists or manufacturing processes that are not sufficiently inventive to be granted a patent (though they may qualify for
protection as a utility model). On the other hand, trade secrets may concern inventions that would fulfil the patentability criteria
and could therefore be protected by patents. In the latter case, the SME will face a choice: to patent the invention or to keep it as a
trade secret.
Some advantages of trade secrets include:
 Trade secret protection has the advantage of not being limited in time (patents last in general for up to 20 years). It may
therefore continue indefinitely as long as the secret is not revealed to the public.
 Trade secrets involve no registration costs (though there may be high costs related to keeping the information confidential).

8.  Trade secrets have immediate effect.
 Trade secret protection does not require compliance with formalities such as disclosure of the information to a Government
authority.
 There are, however, some concrete disadvantages of protecting confidential business information as a trade secret, especially
when the information meets the criteria for patentability:
 If the secret is embodied in an innovative product, others may be able to inspect it, dissect it and analyze it (i.e. "reverse
engineer" it) and discover the secret and be thereafter entitled to use it. Trade secret protection of an invention in fact does
not provide the exclusive right to exclude third parties from making commercial use of it. Only patents and utility models can
provide this type of protection.
 Once the secret is made public, anyone may have access to it and use it at will.
 A trade secret is more difficult to enforce than a patent. The level of protection granted to trade secrets varies significantly
from country to country, but is generally considered weak, particularly when compared with the protection granted by a
patent.
 A trade secret may be patented by someone else who developed the relevant information by legitimate means.
Historical background of IP:
The Statute of Monopolies (1624) and the British Statute of Anne (1710) are seen as the origins of patent
law and copyright respectively, firmly establishing the concept of intellectual property.
The first known use of the term intellectual property dates to 1769, when a piece published in the Monthly Review used the
phrase. The first clear example of modern usage goes back as early as 1808, when it was used as a heading title in a collection of
essays.
The German equivalent was used with the founding of the North German Confederation whose constitution granted legislative
power over the protection of intellectual property (Schutz des geistigen Eigentums) to the confederation. When the
administrative secretariats established by the Paris Convention (1883) and the Berne Convention (1886) merged in 1893, they
located in Berne, and also adopted the term intellectual property in their new combined title, the United International Bureaux
for the Protection of Intellectual Property.
The organization subsequently relocated to Geneva in 1960, and was succeeded in 1967 with the establishment of the World
Intellectual Property Organization (WIPO) by treaty as an agency of the United Nations. According to Lemley, it was only at this
point that the term really began to be used in the United States (which had not been a party to the Berne Convention), and it did
not enter popular usage until passage of the Bayh-Dole Act in 1980.
"The history of patents does not begin with inventions, but rather with royal grants by Queen Elizabeth I (1558–1603) for
monopoly privileges... Approximately 200 years after the end of Elizabeth's reign, however, a patent represents a
legal right obtained by an inventor providing for exclusive control over the production and sale of his mechanical or scientific
invention... [demonstrating] the evolution of patents from royal prerogative to common-law doctrine."
Until recently, the purpose of intellectual property law was to give as little protection possible in order to encourage innovation.
Historically, therefore, they were granted only when they were necessary to encourage invention, limited in time and scope.
IPR governance:
Governance refers to "all of processes of governing, whether undertaken by a government, market or network, whether over a
family, tribe, formal or informal organization or territory and whether through the laws, norms, power or language."
Intellectual property rights perform a number of complex functions in society. To foster innovation and creativity in a society,
governments are actively using intellectual property rights as a means of governance. E.g. Both in China and in Europe,
intellectual property law is used to further innovation and cultural policies to increase national competitiveness in a global
economy. Due to its impact on global trade, intellectual property laws are increasingly made and influenced by international
norms.
Intellectual property rights (IPR) are among the key institutions that influence innovative activity. US patent reforms in the early
1980s put IPR at the forefront of domestic policy debates. Since then, the US has endeavored to embed IPR into trade
negotiations, thereby thrusting it onto the international scene. And although there has been a massive global movement toward
stronger IPR, its relative merits remain unclear.
Viewing patents or IPR as a governance mechanism incorporates coordination aspects besides incentive aspects. To some extent
the governance perspective on patents and IPRs more generally is similar to a governance perspective on physical property rights
(PPRs). However, in a fundamental way IPRs differ from PPRs and the difference actually strengthens the justification of viewing
IPRs in a governance perspective. The difference refers to the simple fact that, in contrast to an exchange of a physical object
(resource, artifact) between two agents, an economically motivated exchange of proprietary information new to one of the agents
through a market transaction, leaves both agents in possession of the information. As dispossession of human embodied

9. information is impossible and information is not wearing out through usage, a long term need arises for coordinating or
controlling the agents as to their use of the symmetrically possessed but asymmetrically owned information. This could be done
(more or less imperfectly) through explicit or implicit contracting, e.g. through a license contract or an employment contract with
a non-disclosure agreement. Thus, exploiting IPRs tend to create longer post-exchange contractual relations than for PPRs (for
which exhaustion of the seller’s rights occur when selling a physical object - warranties, product liabilities, etc. apart).
National Patent Offices
A patent office is a governmental or intergovernmental organization which controls the issue of patents. In other words, "patent
offices are government bodies that may grant a patent or reject the patent application based on whether the application fulfils the
requirements for patentability."
Most offices grant patents that are effective only within the borders of their own countries. If an applicant is granted a patent in
one country, he or she must generally submit a separate application to an office in each foreign country in order to get foreign
patent rights. Most countries have their own patent rules and charge filing fees. As a result, filing a patent with multiple foreign
offices can be an expensive undertaking.
Many patent offices have designated a specific process for the filing of patents. In general, an applicant is first required to search a
database of patent records in order to determine whether another person has already patented his or her invention. If the
invention hasn’t been patented, the applicant can submit an application to the office. The office will undertake a patent
prosecution, during which it determines whether the patent will be granted or denied.
If the patent is denied, the applicant usually has the right to appeal the decision to an appeals board. The applicant is normally
responsible for paying any fees associated with the application process. The patent office may also charge fees for maintaining or
renewing a patent.
In addition to approving patents, a patent office publishes and distributes information relating to patents, and it records instances
in which a patent holder assigns his or her invention to another person or entity. It also serves as an official record custodian. In
this capacity, it may retain a database of national and international records. Additionally, a patent office generally
provides the public with a facility to search and inspect patents already on file.
In some countries, patent offices are more generally referred to as intellectual property offices. In addition to reviewing patent
applications, they also handle issues relating to trademarks and copyrights.
1. European Patent Office (EPO)
2. Eurasian Patent Organization (EAPO)
3. Intellectual Property Office of Singapore (IPOS)
4. Indian Patent Office
The Indian Patent Office is administered by the Office of the Controller General of Patents, Designs & Trade Marks (CGPDTM).
This is a subordinate office of the Government of India and administers the Indian law of Patents, Designs and Trade Marks.
The CGPDTM reports to the Department of Industrial Policy and Promotion(DIPP) under the Ministry of Commerce and Industry
and has five main administrative sections:[1]
 Patent Office
 Trademarks Registry
 Geographical indications Registry
 Rajiv Gandhi National Institute of Intellectual Property Management (NIIPM)
 Patent Information System
The patent office is headquartered at Kolkata with branches in Chennai, New Delhi and Mumbai, but the office of the CGPDTM is
in Mumbai. The office of the Patent Information System and National Institute for Intellectual Property Management is at Nagpur.
The Controller General (CG), who supervises the administration of the Patents Act, the Designs Act, and the Trade Marks Act, also
advises the Government on matters relating to these subjects.
O.P. Gupta is the current CG and took charge on 16 November 2015. Under the office of CGPDTM, a Geographical Indications
Registry has been established in Chennai to administer the Geographical Indications of Goods (Registration and Protection) Act,
1999.
The Indian Patent Office has 75 Patent Examiners, 70 Assistant Controllers, 7 Deputy Controllers, 1 Joint Controller, and 1 Senior
Joint Controller, all of whom operate from four branches. Although the designations of the Controllers differ, all of them (with the
exception of the Controller General) have equal authority in administering the Patents Act. An Indian Patent Examiner is
mandated to search for prior art and for objections under any other ground as provided in the Patent's Act, then to report to the
Controller, who has the power to either accept or reject Examiners' reports.
WIPO
The World Intellectual Property Organization (WIPO) is one of the 17 specialized agencies of the United Nations. WIPO is the
global forum for intellectual property services, policy, information and cooperation. They are a self-funding agency of the United
Nations, with 188 member states.
Their mission is to lead the development of a balanced and effective international intellectual property (IP) system that enables
innovation and creativity for the benefit of all. Our mandate, governing bodies and procedures are set out in the WIPO
Convention, which established WIPO in 1967.
WIPO currently has 188 member states, administers 26 international treaties, and is headquartered in Geneva, Switzerland. The
current Director-General of WIPO is Francis Gurry, who took office on October 1, 2008. 186 of the UN Members as well as the Holy

10. See and Niue are Members of WIPO. Non-members are the states of Marshall Islands, Federated States of
Micronesia, Nauru, Palau, Solomon Islands, South Sudan and Timor-Leste. Palestine has observer status.
WIPO has established WIPOnet, a global information network. The project seeks to link over 300 intellectual property offices (IP
offices) in all WIPO Member States. In addition to providing a means of secure communication among all connected parties,
WIPOnet is the foundation for WIPO's intellectual property services
The Economics and Statistics Division is responsible for collecting statistics on IP activity worldwide and making these statistics
available to the public. In addition, the Division carries out economic analysis on how IP and innovation policy choices affect
economic performance.
What we do
We help governments, businesses and society realize the benefits of IP.
We provide:
 a policy forum to shape balanced international IP rules for a changing world;
 global services to protect IP across borders and to resolve disputes;
 technical infrastructure to connect IP systems and share knowledge;
 cooperation and capacity-building programs to enable all countries to use IP for economic, social and cultural
development;
 a world reference source for IP information
How is WIPO funded?
WIPO is a largely self-financed organization, generating more than 90 percent of its annual budget through its widely used
international registration and filing systems, as well as through its publications and arbitration and mediation services. The
remaining funds come from contributions by Member States.