This action might not be possible to undo. Are you sure you want to continue?
Intellectual Property Day April 26, 2003
Dr. Gopakumar G. Nair
Gopakumar Nair Associates, Mumbai. E-mail : email@example.com
A NEW ERA IS OPENING UP FOR INDIAN SCIENTISTS AND INDUSTRY POST - 2002
A NEW ERA FULL OF CHALLENGES & OPPORTUNITIES in IPR, INNOVATION & PATENTING
.INDIA / INDIANS Will overcome the ongoing state of confusion & will move on to the centre stage of action on innovative research & patenting as well as practice of all forms of Intellectual Property.
What is wrong with Indians ? 38% 12% 36% 34% 28% 17% 13% of of of of of of of doctors in USA are Indians scientists in USA are Indians NASA scientists are Indians Microsoft employees are Indians IBM employees are Indians INTEL scientists are Indians XEROX employees are Indians .
5% of population) .Wealthiest ethnic group in USA (3.22 millions / 1.
CEO of CITIBANK MCKENSEY STANCHART Victor Menezes Rajat Gupta Rana Talwar .
Microsoft Testing Director ² Sanjay Tejwrika GM of Hewlett Packard ² Rajiv Gupta President of AT&T-Bells Labs ² Arun Netravalli Founder & Creator of Hotmail ² Sabeer Bhatia Third richest man on the world ² Azim Premji (Sultan of Brunei gone to 6th position) Creator of Pentium Chip ² Vinod Dahm Co-founder of Sun Microsystems ² Vinod Khosla The decimal system developed in India ² 100BC Sushruta is the father of surgery ² 2000years ago Aryabhatta invented ² Zero .
INDIANS HAVE INTELLECTUAL SUPREMACY WILL DO WELL IN INTELLECTUAL PROPERTY PRACTICE & EXPLOITATION ± FOR INTELLECTUAL PROSPERITY .
Property INtangible Right Tangible Idea Expression Copyright Trademark Innovation Quality / Identity Invention Patents Trade Secrets .
Property Right INTELLECT ² PROPERTY ² RIGHT Idea Idea Idea Idea Idea Expression Innovation Copyright Invention Patent Quality + Identity appearance trademark design Trade Secrets keep confidential no disclosure .
Intellectual Property Rights " Copyrights " Trademarks " Patents " Industrial Designs (+ I. layouts) " Trade Secrets (confidentiality agreements) " Geographical indications " Anti-competitive practices (in contractual licences) .C.
.Respective Legislations in India Patents . Convention on Biodiversity etc.The Design Act. 1958 + 1999 Copyrights ± The Copyright Act (1957 as amended from time to time) Layout Design of Integrated Circuits.Bills are passed in Parliament follow up in progress .Patent Act. 1970 (+ amendments) Design . 1911 Trademarks ± Trade & Merchandise Marks Act. Geographical Indications.
TRADEMARK (BRANDNAME) Design (Packing Format + Style) Product Copyright (printed matter & manner of presentation) G.I. PATENT (novel formulation process/combination) Trade Secret Know-how .
Ministry of Industry __________________________ Copyrights registration Under Ministry of HRD/Education .Authorities in India Controller General of Patents. Designs and Trademarks under Department of Industrial Development.
International Organizations & Treaties GATT / WTO WIPO PCT BUDAPEST TREATY STRASSBOURG AGREEMENT (IPC) USPTO ² 35 USC EPO / EPC TRIPs PARIS CONVENSION PLT (TRIPS COUNCIL) .
GATT became WTO . In 1995.GATT A multilateral trading system was created in 1948 as the General Agreement on Tariffs and Trade.
exporters. WIPO. IMF. OECD . UNCTAD. WB. negotiated and signed by the bulk of the world¶s trading nations and ratified in their parliaments. FAO. The goal is to help producers of goods and services. 30 observers.GATT / WTO The World Trade Organization (WTO) is the only Global international organization dealing with the rules of trade between nations. others) UN. At its heart are the WTO agreements. and importers conduct their business (146 members.
Switzerland. as well as creating real wealth for nations.About WIPO The World Intellectual Property Organization (WIPO) is an international organization dedicated to promoting the use and protection of works of the human spirit. It administers 23 international treaties dealing with different aspects of intellectual property protection. Through its work. The Organization counts 179 nations as member states. With headquarters in Geneva. WIPO plays an important role in enhancing the quality and enjoyment of life. . These works ± intellectual property ± are expanding the bounds of science and technology and enriching the world of the arts. WIPO is one of the 16 specialized agencies of the United Nations systems of organizations.
where appropriate.WIPO Objectives of the Organization The objectives of the Organization are : (i) To promote the protection of intellectual property throughout the world through cooperation among States and. in collaboration with any other international organization. (ii) To ensure administrative cooperation among the Unions. .
Treaties & Contracting Parties Intellectual Property Protection Treaties Global Protection System Treaties Classification Treaties .
Intellectual Property Protection Treaties
Berne Convention for the protection of literary and artistic works Brussels Convention relating to the distribution of programme-carrying signals transmitted by satellite Convention for the protection of producers of phonograms against unauthorized duplication of their phonograms Madrid Agreement for the repression of false or deceptive indications of source on goods Nairobi Treaty on the protection of Olympic symbol Paris Convention for the protection of Industrial Property Patent Law Treaty (PLT) Rome Convention for the protection of performers, producers of phonograms and broadcasting organizations Trademark Law Treaty (TLT) WIPO Copyright Treaty (WCT) WIPO performances and phonograms Treaty (WPPT)
Global Protection System Treaties
Budapest Treaty on the international recognition of the deposit of microorganisms for the purpose of patent procedure. Hague Agreement concerning the International Deposit of the Industrial Designs Lisbon Agreement for the protection of appellations of origin and their international registration Madrid Agreement concerning the International Registration of Marks Patent Cooperation Treaty (PCT)
Locarno Agreement establishing an international classification for industrial designs Nice Agreement concerning the international classification of goods and services for the purposes of the registration of marks Strasbourg Agreement concerning the International Patent Classification Vienna Agreement establishing an International Classification of the figurative elements of Marks
1995 .TRIPS The TRIPS (Trade Related Aspects of Intellectual Property Rights) Agreement came into being with the establishment of the WTO (World Trade Organization) effective from 1st January.
It usually gives the creator an exclusive right over the use of his creations for a certain period of time. in the context of the TRIPS as a right given to people over the creations of their minds.TRIPS Intellectual Property Rights itself is defined. .
TRIPS The TRIPS Agreement consists of 73 articles contained in the following seven parts : Part I : General provisions and basic principles Part II : Standards concerning the availability. final provisions . scope and use of Intellectual Property Rights Part III : Enforcement of Intellectual Property Rights Part IV : Acquisition and maintenance of Intellectual Property Rights and related inter-partes procedures Part V : Dispute prevention and settlement Part VI : Transitional arrangements Part VII : Institutional arrangements.
TRIPS For the purpose of TRIPS Agreement. intellectual property refers to all categories of intellectual property that are the subject of Sections 1 to 7 of Part II of the TRIPS Agreement viz. 1) Copyright and related rights 2) Trademarks 3) Geographical Indications 4) Industrial Designs 5) Patents 6) Layout-Designs (Topographies) of Integrated Circuits 7) Protection of undisclosed information 8) Control of anti-competitive practices in contractual licences .
COPYRIGHT What is Copyright ? Copyright is a legal term describing rights given to creators for their literary and artistic works .
drawings. maps and technical drawings. and advertisements. poems. reference works. plays.COPYRIGHT What is covered by Copyright ? The kinds of works covered by copyright include : literary works such as novels. artistic works such as paintings. newspapers and computer programs. architecture. photographs and sculpture. and choreography. musical compositions. databases. films. .
V. .extention IT Revolution ! Recordings Broadcastings Audio visual works Computer programs Digital databases Internet/web Cable and SatelliteT.COPYRIGHT .
.Distinction and degree of protection Copyright ± Expression of ideas ± Protection is specific and its protection scope is fairly narrow Patents ± novel idea itself when applied and useful. ± can cover a relatively broader scope including various applications or programs.
from housewares and electrical appliances to vehicles and architectural structures. This means that an industrial design is primarily of an aesthetic nature. and does not protect any technical features of the article to which it is applied. lines or color. The design may consist of three-dimensional features. To be protected under most national laws. an industrial design must appeal to the eye. or of two-dimensional features.INDUSTRIAL DESIGN An industrial design is the ornamental or aesthetic aspect of an article. from textile designs to leisure goods. such as patterns. Industrial designs are applied to a wide variety of products of industry and handicraft: from technical and medical instruments to watches. such as the shape or surface of an article. jewelry. . and other luxury items.
DESIGNS The existing legislation on industrial designs in India is contained in the New Designs Act. This replacement Act is also aimed to inact a more detailed classification of design to conform to the international system and to take care of the proliferation of design related activities in various fields. . 2000 and this Act will serve its purpose well in the rapid changes in technology and international developments.
to use the mark whether with or without any indication of the identity of the person. A mark used or proposed to be used in relation to goods for the purpose of indicating or so as to indicate a connection in the course of trade between the goods and some person having the right. . and includes a certification trade mark registered as such under the provisions of Chapter VIII.TRADEMARK A registered trademark or a mark used in relation to goods for the purpose of indicating or so as to indicate a connection in the course of trade between the goods and some person having the right as proprietor to use the mark. either as proprietor or as a registered user.
indicated by its unique trademark. Over the years these marks evolved into today¶s system of trademark registration and protection. when craftsmen reproduced their signatures. meets their needs.TRADEMARK A trademark is a distinctive sign which identifies certain goods or services as those produced or provided by a specific person or enterprise. or ³marks´ on their artistic or utilitarian products. Its origin dates back to ancient times. . The system helps consumers identify and purchase a product or service because its nature and quality.
Trademark protection is enforced by the courts. which in most systems have the authority to block trademark infringement . The period of protection varies.TRADEMARK A trademark provides protection to the owner of the mark by ensuring the exclusive right to use it to identify goods or services. but a trademark can be renewed indefinitely beyond the time limit on payment of additional fees. or to authorize another to use it in return for payment.
letters. audible signs such as music or vocal sounds.TRADEMARK What kinds of trademarks can be registered ? The possibilities are almost limitless. Trademarks may be one or a combination of words. They may consist of drawings. or architects. several other categories of marks exist. . but are not confined to any membership. Collective marks are owned by an association whose members use them to identify themselves with a level of quality and other requirements set by the association. symbols. The internationally accepted ³ISO 9000´ quality standards are an example of such widely recognized certifications. Examples of such associations would be those representing accountants. three-dimensional signs such as the shape and packaging of goods. In addition to trademarks identifying the commercial source of goods or services. fragrances. and numerals. engineers. They may be granted to anyone who can certify that the products involved meet certain established standards. Certification marks are given for compliance with defined standards. or colors used as distinguishing features.
Typically.GEOGRAPHICAL INDICATION Geographical Indications of goods are defined as that aspect of industrial property which refer to the geographical indication referring to a country or to a place situated therein as being the country or place of origin of that product. region or country. such a name conveys an assurance of quality and distinctiveness which is essentially attributable to the fact of its origin in that defined geographical locality. .
enacted the Geographical Indications of Goods (Registration & Protection) Act. as a member of the World Trade Organization (WTO).GEOGRAPHICAL INDICATION India. Geographical Indications of Goods (Registration & Protection) Act. 2002 . 1999 Geographical Indications of Goods (Registration & Protection) Rules. 1999 which is likely to be operationalized soon with the notification of the Rules.
natural or manufactured goods The manufactured goods should be produced or processed or prepared in that territory It should have a special quality or reputation or other characteristics .GEOGRAPHICAL INDICATION What is a Geographical Indication ? It is an indication It originates from a definite geographical territory It is used to identify agricultural.
GEOGRAPHICAL INDICATION Examples of possible Indian Geographical Indications Basmati Rice Darjeeling Tea Kanchipuram Silk Saree Alphanso Mango Nagpur Orange Kolhapuri Chappal Bikaneri Bhujia Agra Petha Goa Feni .
What is Patent A legal monopoly Granted for a limited time by the state For a jurisdiction (a limited area) .
Patent :A conditional grant Balance of Rights and Obligations Subject to other laws of land Granted to owner of Invention/Assignee .
What is a Patent ? A patent is a protection given to a patentee for an invention for a limited term by the government for disclosing the invention Right to exclude others from using your invention. Owner has a qualified right to use the invention .
Patent .a Property Right (A Bundle of Rights) can be given away (assigned) inherited sold bought licensed abandoned etc. Patent ± can be revoked by state by opponent in a suit Patent ± can be defended against infringement .
apparatus or other article substance produced by manufacture new and useful improvements of any of them Amendment 2002: $ A new product or process involving an inventive step (not obvious to a person skilled in the art) and capable of industrial application.What are inventions ? $ New $ Useful Art. process or method of manufacture machine. .
Patent .Patentability An invention can be patented if it is ¹ NOVEL ± Must involve INVENTIVE STEP ¹ NON-OBVIOUS to a person ³Skilled in the Art´ MUST DISTINGUISH from ³State of the Art´ (PRIOR ART) ¹ Must be USEFUL ± must have INDUSTRIAL APPLICATION .
S.2(i)(j) What is not patentable ? . 3.Patent/Invention Can be simple Need not be complicated What is patentable ? ± S.S.4. S.5 .
MEDICINE OR DRUG .WHAT CANNOT BE PATENTED IN INDIA $ SECTION 3 CONTRARY TO NATURAL LAWS CONTRARY TO MORALITY MERE IDEA/DISCOVERY MERE ADMIXTURE $ METHOD OF TESTING ? NEW USE OF A KNOWN MATERIAL METHOD OF AGRICULTURE PROCESS OF TREATING HUMAN BEINGS OR ANIMALS SECTION 4 ATOMIC ENERGY $ SECTION 5 SUBSTANCES USED AS FOOD.
1970 Patent Rules.patentoffice.in Patent Act.PATENTS India http://www.nic. 1972 Patent (1st Amendment) 1999 Patents «« .
PATENTS Patent (Amendment) 2002 Act Patent Rules ² 2002 (Draft) Patent Rules 2002 (expected to be announced shortly & to be effective from 1st April 2003) .
2002 Highlights Duration of Term of Patent .Patents (Amendment) Act.Extended to 20 years For all process/product including currently valid patents .
) Invention/inventive step Scope widened ± definitions as per TRIPs ± Micro organisms ± mathematical or business method or computer program with applications/ ± utility (except ³by itself´) ± traditional knowledge ..Highlights (contd.
Budapest Treaty compliance .Provisions & Procedures introduced Depository for Biological .Highlights (cont¶d) Traditional Knowledge .Excluded (as such) from Patentability PCT .
open for negotiation .Deleted .taking into account the economic value of the use of the patent .not more than adequate remuneration ³Licence of Right´ Quantum of Royalties .Highlights (cont¶d) Compulsory Licence Provisions specified and defined (with and without 3 year restriction) includes ³Doha Declaration´ .
Incorporated Provisions .Highlights (cont¶d) Waxman-Hatch Type .Regulatory approval related provision / working during life of patent without restriction ± allowed .In case of process patent Reversal of burden of proof Parallel Imports .
introduced .On 18 months (DOA or DOP) .Highlights (cont¶d) Publication Examination .Only on request (48 months) Appellate Board .
Motivates / stimulates inventive research .WHY PATENTS ? .Rewards to Inventor .Encourages maximum disclosure to enable further research and technology development .
Patents vs. Trade Secrets ± know how Patents encourage dissemination of valuable technological information to the benefit of the society Valuable technology remains out of reach of society if protected by trade secrets. Further research based on know-how does not take place. .
int (i) http://patentagenda.wipo.wipo.html (ii) Wipo summit on IP & the knowledge economy (April 2003) (iii) patentoffice.WIPO ² The Patent Agenda/SME website http://www.net .int/index.nic.
THANK YOU ! HAVE AN µIPR¶ DAY ! .
This action might not be possible to undo. Are you sure you want to continue?
We've moved you to where you read on your other device.
Get the full title to continue listening from where you left off, or restart the preview.