Copy right ppt in intellectual property rights

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introduction to copy rights

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Copy right ppt in intellectual property rights

  1. 1. Overview of IPRPatent system & Practice S.Chandrasekaran Controller General
  2. 2. Intellectual Property RightsPatentsIndustrial designsTrade and service marksCopy rightsGEOGRAPHICAL INDICATIONS OR APPELLATIONS OF ORIGINS. Layout designs (of integrated circuits). Neighbouring rights. Undisclosed INFORMATIONS (trade secrets). Anticompetitive practices in contractual licenses. Protection of inventions in biotechnology (plants).
  3. 3. Intellectual property INDUSTRIAL PROPERTY + COPY RIGHTPATENTS DESIGNS TRADEMARKS Geographical Indications Patents Patent Information & Designs Trade Marks Copy Right Geographical Indications
  4. 4. FOR MOST PRODUCTS EVERY FORM OF INTELLECTUAL PROPERTY RIGHTS CAN BE OBTAINED CAMERA“PATENT”  For every individual improved mechanism “DESIGN”  For outer shape & Contour / Configuration “TRADE MARK”  Brand name or Logo for goods denoted as ®“Copy right” For Instruction / manual booklet denoted as ©
  5. 5. CD PLAYER Music played on the CD player is protected byIndustrial design copyrightprotection for 3Dshape Various technical parts & mechanisms are subjectBrand name- mater ofregistered under protectiontrademark under Patents
  6. 6. FOR MOST PRODUCTS EVERY FORM OF INTELLECTUAL PROPERTY RIGHTS CAN BE OBTAINED  Pressure Cooker“PATENT”  For every individual improved mechanism“DESIGN”  For outer shape & Contour / Configuration“TRADE MARK” Brand name or Logo for goods denoted as ®“Copy right” For Instruction / manual booklet denoted as©
  7. 7. wish to have?Strong IPR Regime ?Choice or Necessity??
  8. 8. INDIAN IPR REGIME• Meet international obligations while safeguarding national interests• Modernize; and• Move ahead
  9. 9. STRATEGY FOR IPR• Meet International obligations through Legislative changes• Modernize IPR Regime• Create Awareness
  10. 10. Legislative Measures• The Patents Act, 1970 • Product Patent • Patent Term of 20 years • Public Health Safeguards • Protection to TK• The Trade Marks Act, 1999 • Service Marks and Collective Marks • Term increased from 7 years to 10 years
  11. 11. Legislative Measures• The Designs Act, 2000• The GI Act, 1999• The Copyrights Act, 1957• The Bio-Diversity Act, 2001• The Layouts and Integrated Circuits Act
  12. 12. • Patents (Amendment) ordinance was issued in 1994 and became Patent (Amendment) Act,1999.• Patents (Second Amendment) Bill ,1999, has now become patent (Amendment) Act,2002.• Patent (Amendment) Act 2005, Product regime launched• Some of the important features of the Patent (Amendment)Act,2005 are: a) Areas of Patentability (and exclusion)- sec3, clause g omitted, in clause ‘b’ and ‘c’ certain words omitted, additional clauses ‘j’, ‘k’, ‘l’, ‘m’ ‘n’ ‘o’ and ‘p’ added, ‘k’ further amended b) Product / Process Patent – sec 5 provided – only process patent in certain category, Article 27.1 of TRIPS – product patent in all fields of technology, sec 5 – chemical process – includes biochemical, biotechnological and microbiological process, Now omitted c) Patent Term- 20 years for all process and product patents, sec 53(1) – term of every patent – not expired, not cease to have effect -20 years
  13. 13. Contd …d) Contents of specification- sec 10, sub clause 4(d)- an abstract, requirement of making a deposit of the material, sub-clause 10.5 – a single inventive concepte) Examination and Publication- new sec 11A and 11B, sec 11A – all applications – not be opened till 18 months, sec 11-b : examination on request, within 48 months, Now 36 monthsf) Prohibition to apply for Patent outside India.- sec 39 – not to make an application outside India – Defense, atomic energy, apply in India, seek clearanceg) Rights over importation.- right to make, use, exercise, sell or distribute – include importationh) Compulsory Licensing- sec83,84,85 and 89-95, sec 92 – grant of licence in national emergency, extreme urgency –public health crisis- includes procedures relating to AIDS and HIV, removal of three year restriction - CL.i) Use by Government and Government Agency – sec 47, sec 99-103 – various situations, sub sec (2) of sec 99 -omitted
  14. 14. Contd …j) Burden of proof concerning infringement –sec 104(A) – inserted, infringement of process patent – defendant – establish non-infringement.k) License of Right- sec 86-89 of patent Act 1970, provisions of Licence of Rights - dropped.l) Appellate Board – sec 116 the appellate Board established u/s 83 of Trade Mark Act 1999 – the appellate Board – patent act appeal to appellate Board – decision, order or direction of controller, otherwise earlier was – High Court.m) Unauthorised claims of Patent Rights – sec 120 – wrong representation about patented in India or patent application, fine increased from 500/- to 10,000/-., Now Rs. 1,00,000/-n) Other Amendments- sec 48 –prevent third party wit no consent, sec 107(A)(a) – protection of biodiversity and traditional knowledge.
  15. 15. Industrial Designs • The protection you receive is only for• Electrical JUG the appearance of the article and not how it works. • Design registration is intended to protect designs which have an industrial or commercial use. • Duration of protection is initially for 10 years and extendable for another term of 5 years. • Designs of stamps, labels, tokens, cards, cartoons, or parts of an article not sold separately, cannot be registered.
  16. 16. Design Examples
  17. 17. SONY OLYMPUS TRADEMARKS• A trade mark is any sign which can distinguish the goods of one trader from those of another. Sign includes, words, logos, pictures, or a combination of these.•A trade mark is used as a marketing tool so that customers can recognize the product of a particular trader.•To register a trade mark , the mark must be:-•distinctive, and, not deceptive, or contrary to law ormorality, and, not identical or similar to any earlier marks forthe same or similar goods.
  18. 18. TRADEMARKSHow to select a Trade Mark ?1. A word, letter or any combination thereof and simple in design.2. If it is a word it should be easy to speak, spell and remember.3. The ideal word for a trade mark is an invented or coined word4. Words which are laudatory or which directly describes the character or quality of the goods should not be adopted.5. Geographical names connected with the reputation or quality of the goods for which registration is sought should not be adopted.Are all Trade Marks registrable ?Not possible to register a mark which is confusing with a trademark of another trader or a trade mark which describes thecharacter or quality of the goods. The mark should not conflict witha trade mark already registered or pending registration in respect ofsimilar goods.
  19. 19. What is GIR•An indication used to identify agricultural, natural or manufactured goodsoriginating from a definite territory in India.•It should have a special quality or characteristics or reputation based uponthe climatic or production characteristics unique to the geographical location.•Examples of Geographical Indications in India are Darjeeling Tea,Kanchipuram Silk Saree, Alphonso Mango, Nagpur Orange, KolhapuriChappal, Bikaneri Bhujia, etc.•Any association of persons, producers, organization established by or underthe law can apply representing & protecting the interests of the producers.•The registration of a Geographical Indication is for a period of ten years.•Renewal is possible for further periods of 10 years each.•A trade mark is a sign which is used in the course of trade and itdistinguishes goods or services of one enterprise from those of otherenterprises. Whereas a Geographical Indication is used to identify goodshaving special characteristics originating from a definite geographical territory.
  20. 20. • TRIPS provisions- For reciprocal protection ;protection in the country of origin is must.• India did not have such protection with regard to Geographical indication.• Result – cases like Turmeric, Neem and Basmati.• To cover up such situation – Geographical Indication of Goods (Registration and Protection) Act 1999 , passed.• The salient features are:- a) Maintenance of register of G.I in two parts – Part A & Part B through computer. b) Prohibition of registration of certain geographical indications. c) Taking infringement action – by registered proprietor / registered user. d) Prohibition of assignment etc. – being public property. e) Prohibition of registration of G.I as Trade Mark. f) Appeal against Registrar’s decision to IP Board established under the Trade Mark legislation.
  21. 21. Law of Patents•Protection part•Enforcement part
  22. 22. Protection Part•Criteria for Patentability –New & useful –Non-obvious –Capable of Industrial Applications•Patents Act specifies –What are not inventions? –What are not patentable inventions?•How to get that monopoly right?
  23. 23. Enforcement part• Opposition proceedings• Licensing provisions• Infringements suit provisions
  24. 24. What Does Patent System Do ?It encourages RESEARCH.Induces an inventor to disclose his inventionsinstead of keeping them as secret.Provides inducement for capital investmentencouraging technological development.It encourages establishment of new industries .
  25. 25. Advantages Of A Patent To The Public•KNOWLEDGE OF INVENTION ADDS TO SCIENTIFIC BACKGROUND FORMING BASE FOR FURTHER RESEACH•REASONABLE ASSURANCE FOR COMMERCIALIZATION•PATENT- OPEN TO PUBLIC FOR USE –AFTER ITS TERM EXPIRES OR –WHEN IT CEASES TO BE IN FORCE
  26. 26. INVENTIONInvention is a successful technical solution to a technical problem.To be granted a Patent,An invention must benew, non-obvious andcapable of industrial application
  27. 27. Different Ways Of Dealing With An Invention•Make it public for free use by public(like publishing in thejournal) Or•Work the invention in SECRECY withoutPATENTING it (like coco-cola composition) Or•Work the invention OPENLY without PATENTINGit (directly put it in the market) Or•EXPLOIT the invention on the basis of a PATENT (likeRank Xerox )
  28. 28. A patent is a Monopoly Right granted •For an invention •By the government •To the inventor or his assignee •For a limited period •It is valid within the country of grant
  29. 29. Why do You need “Patent Information”•SIZE OF THE RESOURSE –ENORMOUS AND WIDE Everyarea of technology is covered.•80% NOT PUBLISHED ELSEWHERE•FIRST PUBLICATION:Inventions disclosed in patents wellbefore being published in any other type of document Invention Patent published First publication in any formPunched card 1889 1914 Television 1923 1928 Jet engine 1936 1946•EXPIRED PATENTS : FREE USE ;•TO AVOID REDUNDANT RESEACH Use the technologygiven in patent specification as a stepping stone.
  30. 30. Patents Not Only For Major TechnologicalSuch As Breakthrough •LAZLO biro’s - ball point pen •Ring – pull for cans of beverages But even for any small ‘ incremental ’ inventions •INDIVIDUALS OR Companies-normally do not clearly recognize the TRUE MARKET VALUE for a particular INVENTION e.g. Anti theft device for motor cars-wheel clamp Tetra pack style of cartons for milk & fruit juice
  31. 31. Protection Of Intellectual Property In India (Patents, Designs, Trade Marks & Copyrights) MINISTRY OF COMMERCE MINISTRY OF HUMAN RESOURSE AND INDUSTRY DEVELOPMENT DEPT. OF INDUSTRIAL DEPT. OF EDUCATION POLICY & PROMOTION COPYRIGHT OFFICE CONTROLLER GENERAL OFPATENTS, DESIGNS & TRADE MARKSPATENT TRADE MARKS REGISTAR OFOFFICE REGISTRY COPYRIGHT Sr.JOINT GIR CONTROLLER JOINT OF PATENTS REGISTAR OF AND DESIGNS TRADEMARKS
  32. 32. CGPDTM (Bombay) PATENT OFFICE PIS (NAGPUR) HEADOFFICE CALCUTTA GIRPATENT PATENT PATENTOFFICE OFFICE OFFICE(MUMBAI) (CHENNAI ) (NEW TMR DELHI ) (BOMBAY) JURISDICTION JURISDICTION WEST ZONE NORTH ZONE JURISDICTION TMR TMR AHMEDABAD TMR TMR SOUTH ZONE CALCUTTA CHENNAI DELHI
  33. 33. Jurisdiction of offices
  34. 34. Patent Grant Procedure (In Brief) Filing of PATENT APPLICATION EXAMINATION & NOVELTY SEARCH ACCEPTANCE OR REFUSAL NOTIFICATION OF “ACCEPTANCE”IN THE GAZETTE OF INDIA (part III section 2) OPPOSITION (if any) GRANT OF A PATENT
  35. 35. Patent Grant Procedure Filing of patent applicationEarly Publication Publication after 18 months Pre Grant Opposition / Representation by any person. Request for examination Examination: Grant or Refusal Publication of Grant of patent Post Grant Opposition to grant of patent (Constitution of Opposition Board) Decision By Controller
  36. 36. Patent Applications Examined16000 148131400012000 10709 953810000800060004000 28242000 0 1999-2000 2002-03 2003-04 2004-05
  37. 37. INID Codes For The Identification Of The Bibliographic DataDocument identification (10) { 11,12,13,19 }Domestic filing data (20) { 21,22,23,24,25,26 }Priority data (30) { 31,32,33,34 }Date of making available to the public (40){41 to 47 }Technical information (50) { 51 to 58 }References to related patent documents (60){61 to 66}Identification of parties concerned with the documents (70) [71-76]Identification of date related to internationalconvention
  38. 38. Patents –Economic DevelopmentPatent system works--to facilitate Technology transfer and FDI ( sony Corpn. By patentlicense from “WE” patent holder on Transistor)--as stimulants of R&D at Universities & Research Centres (theBayh-Dole act --1980 created link between universities & industry)Optical mirror technology of MIT;stem cell licensingWisconsin university--as catalysts of new technologies & new business (Azithromycin)--Help SME’s accumulate IP assets and engage in business transactions based on such assets; SME without patent assets have to depend on market advantage, superior service etc.,
  39. 39. Licensing activityLicensing is very helpful to smallcompany while dealing with biggercompany having leverage in negotiations.Licensing IP can be tremendouslyprofitable IBM 1.7 billion US$ Texas Instruments 500 million US$ Stanford university 36.9 million US$
  40. 40. IPOs – BEFORE AND AFTER … .Seeing is believing !
  41. 41. Before FACADE Now
  42. 42. LIBRARY Before NowOLD
  43. 43. STORAGE SPACEBefore Now
  44. 44. WORKING AREABefore Now
  45. 45. CASH SECTIONBefore Now
  46. 46. WORKING AREABefore Now
  47. 47. WORKING AREABefore Now
  48. 48. MULTI-PURPOSE AREABefore Now
  49. 49. MODERNISED WAITING AREA
  50. 50. www.ipindia.nic.inTHANK YOU ONE & ALL

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