presentation on intellectual property rights
- 2. What are Intellectual Property Rights? Intellectual property rights (IPR) are the rights given to persons over the creations of their minds: inventions, literary and artistic works, and symbols, names and images used in commerce. They usually give the creator an exclusive right over the use of his/her creation for a certain period of time. 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).
- 3. PROPERTY Tangible Intangible Movable eg : Car Immovable eg: Building Intellectual Property Patents, Designs, Trademarks, GIs Industrial Property Related Copyright Related INTELLECTUAL PROPERTY RIGHTS (IPRs)
- 4. IPR Patents Copy Rights Geographical Indications Industrial Design Trademark Exclusive rights given to person over the creation of their minds for certain periods of time Legal right Intangible potential asset Monopoly Negative rights i.e., it prevents others to use his/her creation for a definite time INTELLECTUAL PROPERTY RIGHTS (IPRs)
- 5. INTELLECTUAL PROPERTY RIGHTS (IPRs) The intellectual property rights were essentially recognized and accepted all over the world due to some very important reasons. To provide an incentive to individuals for new creations To accord due recognition to the creators and inventors To ensure material reward for intellectual property To make available genuine and original products. 5
- 6. VARIOUS KINDS OF IPRS Patents: Inventions (Products, Processes, Materials, Compositions) Technical Solution to a Technical problem Industrial Designs: External features appealing to the eye New Shape, Pattern or Configuration Trade Marks: A visual symbol such as a Word, Name, Logo, Label, Monogram, Slogan etc. Applied on Article of Manufacture or Service Indicates the origin of goods and services
- 7. VARIOUS KINDS OF IPRS Copyrights: Artistic, literary, musical and dramatic creations Proprietary right Comes into existence as soon as the work is created Geographical Indications (GIs): Identifies agricultural, natural or manufactured goods originating from a definite territory in India Possessing special quality or reputation based upon unique characteristics of the geographical location
- 8. Ministry of Commerce & Industry Dept. Of Industrial Policy & Promotion Controller General of Patents, Designs & Trade Marks ORGANIZATIONAL STRUCTURE Patent & Design Office Trade Marks Registry Geographical Indications Registry Patent Information System Kolkata Delhi Mumbai Chennai Delhi Mumbai Chennai Kolkata Ahmadabad Chennai RGNIIPM NAGPUR
- 9. PATENT OFFICE- MUMBAI The Patent Office, Government of India, Boudhik Sampada Bhavan, Near Antop Hill Post Office, S.M.Road,Antop Hill, Mumbai – 400 037 Phone: (91)(22) 24137701 Fax: (91)(22) 24130387 Email: mumbai- [email protected] The States of Gujarat, Maharashtra, Madhya Pradesh, Goa and Chhattisgarh and the UTs of Daman & Diu and Dadra & Nagar Haveli
- 10. PATENT OFFICE - CHENNAI The Patent Office, Government of India, Intellectual Property Rights Building, G.S.T. Road, Guindy, Chennai – 600 032. Phone: (91)(44) 2250 2081-84 Fax: (91)(44) 2250 2066 Email: chennai- [email protected] The States of Andhra Pradesh, Telengana, Karnataka, Kerala, Tamil Nadu and the UTs of Pondicherry and
- 11. PATENT OFFICE NEW DELHI The Patent Office, Boudhik Sampada Bhavan, Plot No. 32., Sector-14, Dwarka, New Delhi – 1 0075 Phone: (91)(11) 2808 1921 – 25 Email: [email protected] The States of Haryana, Himachal Pradesh, Punjab, Rajasthan, Uttar Pradesh, Uttaranchal, Delhi and the UTs of Chandigarh, Jammu & Kashmir and Ladakh
- 12. PATENT OFFICE - KOLKATA The Patent Office (Head Office), Boudhik Sampada Bhavan, CP-2, Sector –V, Salt Lake City, Kolkata- 700 091 Phone: (91)(33) 2367 1943 /44/45/46/87 Fax: (91)(33) 2367 1988 Email: kolkata- [email protected] Rest of India
- 13. RGNIIPM - NAGPUR
- 14. VALIDITY OF IPR SI No. IPR Maximum Protection Renewal Act/Rule 1 Patent 20 Yrs *Every year (mandatory) The Patents Act,1970 Amended in 2005 2 Trade Mark Life long After 10yrs The Trade Marks Act, 1999 Amended in 2010 3 Copyright 60 years Not require The Copyright Act, 1957 Amended in 2012 4 Geographical Indication (GI) Life long After 10 Yrs The Geographical Indications of Goods (Registration and Protection) Act, 1999 *Patents will cease and be transferred to public domain if Patents are not renewed within 6 month of expiry of concerned year by paying renewal fee.
- 15. RELATION BETWEEN IPRs The logo Coca-Cola is an example for TRADE MARK. Shape of the bottle – an INDUSTRIAL DESIGN. PATENT may have been obtained in respect of bottling equipment. COPYRIGHT in respect of the text, database or artistic work appearing on its website. i.e., A single product can be protected by more than one IPR.
- 17. PATENTS It is the exclusive right of inventor to prevent others from possessing, using, selling, manufacturing and importing the patented invention or offering to do any of these with in a definite geographical area. Patents have territorial jurisdiction i.e., we have to register the patents in all countries where we have our interests. Patent application can be filed online in India by inventor or his assignee on www.ipindia.nic.in
- 18. PATENTS Patent is an exclusive monopoly right: Granted by Government of India For an Invention To the Inventor or his Assignee As a Territorial Right In lieu of Disclosure of invention to the Government Term of Patent: 20 years from date of filing
- 19. PATENT ACT & RULES In India, Patent rights are governed by the Patents Act, 1970. At present 3rd amendment of Act known as the Patent (Amendment) Act, 2005 is in force. For application of Patents Act, rules are made by the Government, which are known as “Patent Rules, 2003”, as of now Patent (Amendment) Rule, 2006 and further updated in Sept’2015 are in force. For better understanding of Act & Rules, “Draft Manual of Patent Practice & Procedure (MPPP), 2008” is made by the patent office. There are 4 patent offices in India having work distribution according to their geographical location viz. Kolkata, Delhi, Mumbai & Chennai
- 20. PATENT ACT & RULES Criteria of Patentability: Novelty Inventive step or it must be non-obvious Capable of industrial application Not fall within the provision of section 3 & 4 of the Patents Act 1970 Patents Act 1970: Section3: List which are not inventions Frivolous or obvious Contrary to well established natural laws Injurious to Public Health Mere arrangement or re-arrangement, Discovery of Scientific principle Discovery of living thing or non-living substances in nature Method of agriculture or horticulture A mathematical or business method or a computer program Section4: Not-patentable: Atomic Energy related
- 21. INDUSTRIAL DESIGN Ornamental or aesthetic aspect of a useful article of industry. Aspect that gives special appearance Aspect which differentiates from current products Only the aesthetic/visual form of a product not the Technical (Patents) nor Distinguishing Features (Trade Marks) The ornamental or aesthetic aspects of an article consist of: Three dimensional features, such as the shape, surface or texture of an article or Two dimensional features, such as patterns, lines or colours. Design makes the product attractive and appealing to the consumers and adds to its commercial value for that reason.
- 22. INDUSTRIAL DESIGN Exclusive right against unauthorized copying Protection normally lasts for an initial ten years, after which it can usually be renewed for, in most cases, up to 15 years.
- 23. TRADEMARKS Generally “Brand” or “Logo” A visual symbol which may be word signature, name, device, label, numerals or combination of colors used by one undertaking on goods or services or other articles of commerce to distinguish it from other similar goods or services originating from a different undertaking Any Name which is not unusual for trade to adopt as mark Device or Symbol or Monogram Shape of goods or their packing Combination of colors or even a single color in combination with word or device
- 24. TRADEMARKS
- 25. COPYRIGHT Copyright is a legal term describing rights given to creators for their literary and artistic works The works covered by Copyright include : literary works such as novels, poems, plays, reference works, newspapers and articles computer programs and databases films, musical compositions, dance & theatrical productions artistic works such as paintings, drawings, photographs and sculptures architecture, advertisements, maps, technical drawings and manuals. Copyright comes into existence as soon as the work is created and protects skill & labour employed by the creator in production of his work.
- 27. GEOGRAPHICAL INDICATIONS GIs identify agricultural, natural or manufactured goods associated with a territory/region/locality. GI gives protection to the group of people or associations involved in the production of the product using traditional skills and knowledge The manufactured goods should be produced or processed or prepared in that territory. This gives a special quality to the product due to geographical/climatic environment, reputation, specific manufacturing/farming skills, traditions and other characteristics attributable to origin. It consists of the name of the place of origin & originates from a definite geographical territory. Darjeeling Tea, Kancheepuram Saree, Kolhapuri Chappals, Tirupati Laddu, Nagpur Orange etc.
- 28. GEOGRAPHICAL INDICATIONS Examples of Indian Geographical Indications: Basmati Rice Darjeeling Tea Kanchipuram Silk Saree Nagpur Orange Kolhapuri Chappal Byadgi Mensinkai Dharwad Pedha Agra Petha
- 29. NEW DEVELOPMENT IN PATENT LAW The patent Act has proven remarkably flexible in accommodating changes and development in technology. Thus advisement in technology generally has not necessitated changes in the stately governing patent protection. Biotechnology and patent: Medicines, Science, agricultural and pharmacology present the other cutting-edge issues in patent law. Research into genes may hold the key to curing disease throughout the world. Agricultural research may hold the key to providing sufficient food for the world’s ever increasing population. The development of strains of plants and crops that are resistant to brought and disease has also led to an increasing number of patents issued, and attendant litigation.
- 30. Role of Government in Biotechnology Sector The national science and technology policy of the government and the Vision Statement on Biotechnology has been issued by the Department of Biotechnology (DBT) to provide a framework and give strategic direction to different sectors to accelerate the pace of development of biotechnology in India. This policy further aims to chalk out the path of progress in sectors such as agriculture and food biotechnology, industrial biotechnology, therapeutic and medical biotechnology, regenerative and genomic medicine, diagnostic biotechnology, bio-engineering, nanotechnology, bio-informatics and IT-enabled biotechnology, clinical biotechnology, environment and intellectual property and patent law.
- 31. Patenting Biotechnology Inventions in India The Indian Patent Office considers biotechnological inventions to be related to living entities of natural origin, such as animals, human beings including parts thereof, living entities of artificial origin, such as micro-organisms, vaccines, transgenic animals and plants, biological materials such as DNA, plasmids, genes, vector, tissues, cells, replicons, processes relating to living entities, processes relating to biological material, methods of treatment of human or animal body, biological processes or essentially biological processes.
- 32. Microorganisms and Patent: Can Microbes Be Patented? It is a well-known fact that microbes such as yeasts, bacteria, protozoa, unicellular algae, fungi, actinomycetes, and viruses, in their original form, do not qualify for the patent application but could be patented if they are genetically altered in which case the underlying process and the product generated do qualify for the patent. Genetically modified microbes as a result of human intervention leading to improved efficacy in comparison to the ones already existing in the nature were found to qualify for the patent.
- 33. Trade-Related Aspects of Intellectual Property Rights (TRIPS) TRIPS is an international legal agreement between all the member countries of World Trade Organization (WTO) which was established in 1994 at the conclusion of the Uruguay Round of the General Agreement on Tariffs and Trade (GATT). WTO has set up certain guidelines and standards for regulation of intellectual property.
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