Institutions facilitating International Trade

Dr.M.Saravanan
Associate Professor & Head
Department of Commerce (International Business)
Sree Narayana Guru College
K.G.Chavadi, Coimbatore – 641 105
Email.: shravan.murugan@gmail.com
Mobile.: + 91 99434 37749
 Intellectual Property Rights

Union for protection for new varieties of plants

Examination of plant varieties in different

member states of UPOV for determining
whether a plant variety merits protection
under UPOV or not.
 Criteria for deciding protection of a plant
variety
• Distinctness
• Uniformity
• Stability
• Novelty
• Appropriate denomination
Law for protecting new plant varieties

• New Plant Variety and Farmers

Rights Protection Act in 2001
 EMR
• Protection given in respect of drugs and
agrochemicals, should introduce Exclusive
Marketing Rights.
• It is only a right for exclusive marketing of the
product and valid up to a maximum period of
5 years or until the time the product patent
Laws come into effect.
 Copyright
• Literary, dramatic and musical work.
Computer programs / software are covered
within the literary work.
• Artistic work.
• Cinematographic films which include sound
track and video films.
• Record – any disc, tape or other device.
 Term of a copyright
a. If published within the life time of the author of a
literary work the term is for the life time of the
author plus 60 years.
b. For cinematographic films, records, photographs,
the term is 60 years from the beginning of the
calendar year following the year in which the work
was published.
c. For broadcasting the term is 25 years from the
beginning of the calendar year following the year,
in which the broadcast was made.
 Rule for the transfer of copyright
• The owner may assign to any person the
copyright, either wholly or partially in the
following manner:
• For the entire world or for a specific country or
territory; or
• For the full term of copyright or part thereof; or
• Relating to all the rights comprising the
copyright or only part of such rights.
 Designs
• Design means only the features of shape,
configuration, pattern, ornament or
composition of lines or colours applied to any
article whether in two dimensional or three
dimensional or in both forms
 Designs not registrable

• A design which
• Is not new or original; or
• Has been disclosed to the public anywhere in
India or in any other country by publication
in tangible form or by use in any other way
prior to the filing date;
• Comprise or contains scandalous or obscene
matter, shall not be registered.
 Register of Designs

• A document maintained by the Patent Office,

Kolkata as a statutory requirement.
• It contains the design number, date of filing
and name and address of proprietor and it is
open for public inspection on payment of
prescribed fee and extract from register may
also be obtained on request with a
prescribed fee.
 Duration
• The total rime of a registered design is 15
years. Initially the right is granted for a period
of 10 years, which can be extended, by
another 5 years by making an application and
paying a fee of Rs.2000/- to the Controller
General of Designs before the expiry of initial
10 years period.
 Cancellation of a design

• The registration of a design may be cancelled

at any time after the registration of design on
a petition for cancellation in Form 8 with a
fee of Rs.1500/- to the Controller of Designs
on the following grounds:
• That the design has bee previously registered
in India;
• That it has been published in India or
elsewhere prior to the date of registration;
• That the design is not new or original;
• That design is not registrable;
• That is not a design under Clause (d) of
Section 2