Intellectual Property Rights

CONCEPT OF PROPERTY
Natural object becomes a resource when it satisfies a human want A resource possessed and owned becomes a property Generally property is linked physical objects (tangible) viz house, land, vehicle, gold

 Such tangible assets are protected by legal rights linked to ownership and possession of an item (Tangible: related to physical objects)

What is intellectual property ?

Creation of Human Mind

INTELLECTUAL PROPERTY
It is the PROPERTY CREATED BY APPLICATION OF HUMAN MIND
Intangible (non-physical) in naturederives value from ideas There is no uniform definition of IP

 In knowledge age, IP is a key to techno-economic growth

7 MAIN IP INSTRUMENTS
Patents
Trademarks, Trade Names & Services Marks Geographical Indications Industrial Designs Layout-designs of Integrated Circuits

Trade Secrets
Copyrights And Related Rights

entertainment gadgets. books. cosmetics. clothing. are all IP protected. Domain of IP is ever expanding with advent of Technology and Globalization : GI.IP UBIQUITOUS IN LIFE Articles of food. TK/Biodiversity are likely additions . machinery. IC topography are new additions. furniture. textiles. etc. pharmaceuticals.

RATIONALE BEHIND IP  The creative activity culminating in IP is necessary for socio-economic progress  Material incentives and rewards encourage greater creative activity  IP rights grant monopoly to ensure rewards  The interests of owner and society are balanced by limiting periods of monopoly with obligation to disclose and remedies against abuse of rights  Disclosure brings knowledge in public domain .

 They are territorial in nature. – In copyrights. the right is diluted as right is over the form of expression and not over idea. being first with an invention pre-empts any right of another making same invention independently. .  IPRs being statutory rights are legally enforceable.NATURE OF IPRs  Essentially negative rights to stop others from copying or counterfeiting – In patents.

PATENT: WHAT IS IT? It is a limited right granted by the state to an inventor in respect of an invention to exclude any other person from practicing the invention i. . using or selling the patented product or from using the patented process. manufacturing.e. without due permission.

Patents .

 Industrial application (utility). if they meet the criteria of  Being patentable subject matter. . whether products or processes.  Novelty.  Non-obviousness (inventive step).WHAT CAN BE PATENTED? Inventions in all fields of technology.

practical activity as distinct from purely intellectual or aesthetic one .Conditions of Patentability Novelty: Invention not known to public prior to claim by inventor Inventive Step: Invention would not be obvious to a person with ordinary skill in the art Industrial Application: Invention can be made or used in any useful.

therapeutic and surgical methods of treatment of humans or animals.  Plants and animals other than μ-organisms.  Inventions whose use is contrary to public order or morality. playing games.  Ideas. methods for business.  Essentially biological processes for production of plants or animals. .  Diagnostic.SOME EXCLUSIONS FROM PATENTABILITY  Naturally occurring substances/elements. performing mental acts.

A country may require the best mode for carrying out the invention to be disclosed. .PATENT: SPECIAL REQUIREMENT Disclosure of invention Sufficiently clear and complete so that a person skilled in the art can carry out the invention.

Technology Transfer Patent can promote economic development: – Patent information facilitate technology transfer and foreign direct investment – Patents encourage R&D at universities and research centers – Patents stimulate new technologies and industries – Patents facilitate the licensing of technology .

US Patent for Turmeric .

TURMERIC PATENT Related to wound healing property of turmeric Is commonly known in India : grant of patent outraged Indians This patent was challenged by way of re-examination at USPTO by CSIR .

Prior Art for Turmeric in Urdu .

English Translation .Prior Art .

and TRADE NAME Distinctive symbols. . In fact. signs. Legally not linked to quality.TRADEMARK. linked in consumer’s mind to quality expectation. logos that help consumer to distinguish between competing goods or services. A trade name is the name of an enterprise which individualizes the enterprise in consumer’s mind. SERVICE MARK.

TRADEMARKS 4711 (Cologne) .

ingredients. ISI. Certification Mark: Does not indicate .) e. AGMARK.g. which is legally not a partnership origin of goods but certifies the goods as conforming to certain characteristics (quality.TYPES OF MARKS Well Known Trade Mark Collective Mark: Proprietor is an association of persons. geographical origin etc. Hallmark etc.

3-D sign as shape of goods or packaging. colour combinations or colour per se.Forms of TM Visual: Words. devices including drawings and symbols or 2-D representations of object or a combination of two or more of these. Audio: Sounds. Musical Notes Olfactory: Smells . numerals. letters.

g. morality Special Requirements  A mark is registered for specified classes of goods or services. or . TATA)  Non-deceptive ( to avoid misleading)  Not contrary to public order.g. .CRITERIA OF TM PROTECTABILITY  Distinctive (basic function): .RIN).inherent (e.acquired by usage (e.

What is protected and what’s not?  Right to use TM in relation to goods/ services as registered are protected (If TM consists of several parts. protection is for TM as a whole) Emblems of Intergovernmental Organizations cannot be used as TM. Official Hallmarks. State Emblems. .

rice). wines and spirits (Champagne) owe their special quality and reputation to their geographical place of growth or processing. dairy products (cheese). – Many agricultural products (tea. .  GI is the best method to indicate the geographical origin of goods and services.What is GEOGRAPHICAL INDICATIONS GI ?  Many goods possess their peculiar properties due to their geographical origin.

GEOGRAPHICAL INDICATIONS Paithani weaving .

 Govt.  GI is registered in the national register and is similar to the certification mark identifying the origin of the good. .  It is an offence to use false GI on goods. can register GI in the international register maintained by WIPO for world wide protection.Protection of GI  GI is not owned by a single owner  Any producer in the region can use the GI on the product provided it is prepared by the norms set out for the use of that GI.

shapes and colours as on a bed sheet.What are Industrial Designs? The ornamental or aesthetic aspect of an article that enhances visual appeal and differentiates product. e.g. 3-D features of shape or surface as of a perfume bottle. . 2-D patterns of lines.

Industrial Designs .

.Criteria for Protection as ID New and Original Capable of mass production or application on an article of utility Not contrary to public order or morality The shape should not be determined merely by the functionality of the good.

Should be Should be distinctive original and new but need not be distinctive .Comparison of ID against TM ID TM Has to be integral Is applied on the part of product product but need not be embodied in it.

Patent If the article is not mass produced or the design can not be applied on a useful article.ID. . protectable as a patent. the design would be an aesthetic work. Some engineering designs may be sufficiently innovative. protectable under copyright. Copyright.

ID Protection Protects commercial exploitation of the design idea through products/articles that embody it or reproduce it and not the articles themselves. .

What is Layout Design? Layout of transistors and other circuit elements. including lead wires connecting such elements and expressed in any manner in a semiconductor integrated circuit (IC). .

Integrated Circuit Layout Designs .

Why to protect? IC Layouts are creations of human mind. . Fertile area with new circuit designs made every day to cater for miniaturization and novel applications. There is lot of investment of time and money in the creation but copying is very cheap.

Copyright protection does not return the investments since commercial life of a design is limited. .Why special protection? There may not be novelty so cannot be patented.

selling or distributing commercially a protected layout design or IC incorporating it. Importing. .Protection is against… Act of reproducing a layout design fully or in parts. But identical design created independently by third party is not prohibited.

recipe. Such information is held confidential as a trade secret. Trade secret can be an invention. . data. client database etc.manufacturing process. financial strategy.Trade Secrets Some inventions. idea. information cannot be protected by any of the available means of IPRs. experiment results. chemical formula. survey method.

Trade Secret The best kept secret till date .

Patent protection is limited to 20 years. When cost of patent protection are prohibitive. when secret can be kept beyond that period.When Trade Secrets are preferred? When invention is not patentable. When it is difficult to reverse engineer .

.How to guard Trade Secret?  Restricting number of people having access to secret information  Signing confidentiality agreements with business partners and employees  Using protective techniques like digital data security tools and restricting entry into area where trade secret is worked or held  National legislations provide protection in form of injunction and damages if secret information is illegally acquired or used.

Copyright Copyright protects literary and artistic works e. plans sketches etc. lectures. illustrations. architecture. Books.g. drawings. maps. cinematography. sculpture. photographs. dramatic and musical works. This is automatic right created with the creation of work and no registration is required . paintings. choreography.

Copyright .

Rights covered under CR Moral Rights : Author’s right of paternity. assigned. Economic Rights : Rights to exploit the work. licensed for economic benefits. Non-alienable. rights of performance. . Rights of translation. e.g. These rights can be transferred. rights of reproduction etc.

Cinematographer. Translator. Photographer etc. Painter.Who are the Authors? Writer/writers of the book. . Music composer.

Duration of Protection For books and other works of arts it is 50 to 70 years after the death of the author (the laws of different countries vary). For cinematic works 50 years after making the work available to public. . For photographic work 25 years from making the work.

Illustration for Teaching. Current News Reporting etc.Exceptions to Protection (Free Use or Fair Deal) Quotations for commentary. . .

International Agreements Paris convention for the protection of Industrial Property (1883) Berne convention for protection of Literary and Artistic Works (1886) Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) (1994) .

software .Emerging Issues in IPR Traditional Knowledge and Expression of Culture (Folklore) Biodiversity and Genetic Resources Electronic Commerce. Internet Domain Names. Protection of databases.

Thank you! .

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