Introduction to IPR


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Introduction to IPR

  1. 1. INTRODUCTION TO INTELLECTUAL PROPERTY RIGHTS Dr Bidhan Mahajon PG Scholar VPSV Ayurveda College,Kottakkal 1
  2. 2. 2
  3. 3. IP Evolution Property  Right INTELLECT – PROPERTY – RIGHT Idea  Expression  COPYRIGHT Idea  Innovation  Invention  PATENT Idea  Quality + Identity  TRADEMARK  TRADE SECRETS Idea  Appearance  DESIGN 3
  4. 4. What is Intellectual Property? Definition by WIPO Intellectual property (IP) refers to creations of the mind: inventions, literary and artistic works, and symbols, names, images, designs used in commerce. 4 and
  5. 5. International Convention for IP Paris Convention for Protection of Industrial Property 1967 ( 1989) Berne Convention for the Protection of Literary and Artistic Works 1971 ( 1990) Trade-related aspects of Intellectual Property Agreement 1994 ( 1995) WCT ( digital agenda) PCT 2004 5
  6. 6. Creativity (Creation Of The Mind) Creativity is the ability to – Think / come up with new idea – Design new “inventions” – Produce “works of art” – Solve problems in new ways, or develop a new idea based on an “original” knowledge. – Novel or unconventional approach. 6
  7. 7. Think Away From The Box Generate Ideas….. And Own Them…..IPR ! 7
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  9. 9. Intellectual property Industrial Property a. Trademarks b. Patent c. Industrial designs d. Confidential information E Geographical Indications Copyright 9
  10. 10. Industrial Property Rights The right to prevent others from •using •manufacturing •distributing products processes applications trade names geographical names ideas designs 10
  11. 11. Name Logotype Symbol Slogan Shape Color 11
  12. 12. PATENT Validity of protection TRADE MARK when and where when and where registered registered products processes applications names, logo, shape, symbol, color, domain novelty, level of inventiveness no confusion, generic name Website http://oami.euro Duration 20 years, not renewable 6-10 years, renewable Refers to Criteria 12
  13. 13. Duration of protection YEARS RENEWABLE Patents 20 (6) No Trade marks 6-10 Yes Designs 6-10 Yes Copyright 13 70 year after death No
  14. 14. NATIONAL INTERNATIONAL Each country where you seek protection WIPO system for 77 countries National fees for each country One fee WHERE FEES LANGUA GE WHEN 14 Translation into national languages One language May be convenient if limited number of countries or no alternative If protection in more countries is needed.
  15. 15. Not allowed / not valid • Violation of public order and morale • Copy of earlier registration (bad faith) • Withdrawal from register • Not in use ( 5 years) • Evolution into generic name • Formica, cellophane, compact disc 15
  16. 16. In a nut shell Patents • product, process, applications • Registration :difficult to prove “novelty” • limited duration Trade mark • name, symbol, shape • Registration : do not create confusion • renewable IPR 16 : only protection when registered (excl. copyrights)
  17. 17. Paris Convention Protection for industrial property Trade mark Patent Unfair competition Governed by domestic legislation 17
  18. 18. Berne Convention Protection of literary and artistic work Governed by national legislation 18
  19. 19. Wipo Copyright Treaty Digital agenda. Technological measures such as circumvention of technological maesures. 19
  20. 20. TRIPS 1994 (1995) Additional to Paris and Berne. Minimum requirement. Most favoured nation treatment. Strong enforcement procedure. 20
  21. 21. Patent Cooperation Treaty Making it easier to make paten application Designated country. International phase to national phase 21
  22. 22. Basic principle of international convention Laying down the minimum requirement for the national legislation. “members may but shall not be obliged to implement more extensive protection in their law than is required by the agreement. TRIPS 1(1) 22
  23. 23. The principle of national treatment “Each members shall accord to the nationals of other Members treatment no less favourable than it accord to its own national” 23
  24. 24. Obligation of convention State to state Not open to individual. Example : India v USA. 24
  25. 25. The Laws For Intellectual Property Protection Copyright Act 1987 Trademarks Act 1976 Patent Act 1983 Industrial Design Act 1996 Geographical Indications Act 2000 Law of Tort -passing-off Confidential information 25
  26. 26. Protection for Copyright Protection given by law for a term of years to the composer, author etc… to make copies of their work.. Work include literary, artistic, musical,films, sound recordings,broadcasts. Commercial and moral rights. No registration provision. 26
  27. 27. Protection for trade marks Commercial exploitation of a product To identify the product, giving it a name “mark” includes a device, brand, heading, label, ticket, name, signature,word, letter, numeral or any combination. Does not include sound or smell 27
  28. 28. Trade marks (cont.) Can either be registered or not registered Advantages of registered trade marks Application can be made for goods and services Perform certain function such as indication of quality,identifying a trade connection 28
  29. 29. Choosing the correct mark Compare the trade mark “Dove” to using the mark “crows”. Would the “Frog restaurant ” be acceptable? Would Marksman and Weekend Sex be acceptable? 29
  30. 30. Protection for patent Basic idea of granting a patent “ the applicant applied to the government for the right of patent and in return for the monopoly given he must disclose everything about the invention in the patent document” ( the description) Duration 20 years. 30
  31. 31. Patent (cont.) Patent for invention Patent can be applied for a product or a process. Patentable invention must be new,involves an inventive step and industrially applicable Priority date- first to file 31
  32. 32. The various route for application The national route The Paris route The PCT route 32
  33. 33. Protection for industrial designs Protection for industrial designs that are new or original Design are feature of shape, configuration, pattern or ornament The design must be applied to an article The design must be applied by an industrial process. Appeal to the eye. 33
  34. 34. Commercialization strategies Novelty Effect of failure to register before marketing 34
  35. 35. Protection for geographical indications Meaning “ an indication which identifies any goods as originating in a country or territory, or a region or locality where a given quality, reputation or other characteristic of the goods is essentially attributable to their geographical origin” 35
  36. 36. Protection for geographical indication Product must come from a particular geographical territory Uses a name link to the particular geographical nature of the territory Such as labu sayung from the sayung Perak, Batik Trengganu,batik Kelantan etc. To stop others from using 36
  37. 37. Examples of GI Swiss made Swiss chocolates Sarawak pepper Salted egg Sweet tamarind 37
  38. 38. 38
  39. 39. Product Patents In India 39
  40. 40. 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, 1995. 40
  41. 41. WIPO • UN organization dedicated to promoting the use and protection of works of the human spirit. • Headquarters in Geneva, Switzerland. • 185 nations as member states. • Manages all IPs. • Training through Academy and Seminars 41
  42. 42. 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 42 invention.
  43. 43. What is a Patent?  A Conditional grant  Balance of Rights and Obligations  Subject to other laws of land  Granted to owner of invention/ assignee 43
  44. 44. Three Statutory Pillars of PATENTABILITY 1. Novelty (new) 2. Inventive Step (non-obvious) (Sec 2(1)(ja)) 3. Industrial Applicability (utility) (Sec 2(1)(ac)) 44
  45. 45. Patent - Patentability An invention can be patented if it is • NOVEL: Must be New, Must DISTINGUISH from “State of the Art” (PRIOR ART) • Must have INVENTIVE STEP Non-obvious to a person “Skilled in the Art” • Must have INDUSTRIAL APPLICATION Must be Useful Must have Utility 45 • Must not be covered by Sec. 3 and Sec. 4.
  46. 46. Non-Obvious THE DIFFERENCES BETWEEN THE CLAIMED INVENTION and the PRIOR ART are such that the subject matter as a whole WOULD NOT HAVE BEEN OBVIOUS at the time the invention was made to a PERSON SKILLED IN THE ART, to which the subject matter pertains. 46
  47. 47. Inventive Step Section 2(1)(ja): "inventive step" means a feature of an invention that involves technical advance as compared to the existing knowledge significance or having or both economic and that makes the invention not obvious to a person skilled in the art. 47
  48. 48. Utility / Industrial Application • Be Useful • Must work / be workable • At least one recognized, verifiable and practical end-use 48
  49. 49. Patentability Filter  Prior use/ prior publication/ prior disclosure  Industrial applicability  Novelty  Non-obviousness: inventiveness  Sec. 3 - Not patentable  Written description / enablement requirements  Application/ specification/ claims  Patent prosecution 49  Maintenance / Defense after grant
  50. 50. Patents Act, 1970 What is not Patentable (a) Frivolous, Contrary To Natural Laws (b) Contrary To Public Order Or Morality, Prejudice To Human, Animal Or Plant Life Or Health Or To The Environment; (c) Mere Discovery Of Scientific Principle, Abstract Theory, Living Thing Or Nonliving Substances (d) Mere Discovery Of New Form, New Property, New Use Of A Known Process, Machine Or Apparatus (EFFICACY) 50
  51. 51. Patents Act, 1970 What is not Patentable (e) Mere Admixture (SYNERGY) (f) Mere Arrangement, Re-arrangement, Duplication of known devices. (g) Omitted (Testing Methods) (h) Method Of Agriculture Or Horticulture; (i) Method Of Treatment. (j) Plants, Animals, Including Seeds Varieties, Species, Biological Processes. Exception: Microorganisms 51
  52. 52. Patents Act, 1970 What is not Patentable (k) Mathematical Or Business Method Or A Computer Program Per Se Or Algorithms; (l) Literary, Dramatic, Musical Or Artistic Work, Other Aesthetic Work (m) Mere Scheme, Rule, Method Of Performing Mental Act, Playing Game; (n) A Presentation Of Information; (o) Topography Of Integrated Circuits; (p) Traditional Knowledge 52
  53. 53. Trademarks Word Mark Device Marks (Signs, Symbols, Logos) Collective Marks Certification Marks Service Marks 53
  54. 54. Trademarks  Must be graphically represented  Must be distinctive / distinguishable  Must not be descriptive  Must not be deceptively similar to known /well-known marks /Generics • ORS: ORS-L, ORZ • Cefixime – ZIFI, CEFI, Cefixin 54 Avoid – Geographical Indications / Deities National Leaders / Heroes / Symbols / Laudatory words
  55. 55. Notification dated 14th February, 2012 issued by CGPDTM regarding Publicatio 55
  56. 56. Copyrights & Related Rights Copyright is a legal term describing rights given to creators for their literary artistic works. 56 and
  57. 57. Copyright - Extension IT Revolution ! Recordings Broadcastings Audio visual works Computer programs Digital databases Internet/web Cable and Satellite T.V. Indian Copyright Amendment Bill Passed by Rajya Sabha on 17th May, 2012 Passed by Lok Sabha on 22nd May, 2012 57
  58. 58. IPR And Copyright Quoting Medical References from Journals and Books “Copyright” / “All rights reserved” “Do not use, reprint, reproduce or distribute without prior permission”  Avoid verbatim reproduction (Plagiarism) Likely to cause Copyright violations.  Always acknowledge / obtain prior permission.  Abstract / Summary may be written in one’s own language / quote the source. Copyright violations could lead to criminal/civil suits 58 Could lead to imprisonment too !
  59. 59. Therapeutic Goods Legislation Amendment (Copyright), 2011 Australia To block frivolous Copyright infringement suits in Pharma / Medicine product inserts. 59
  60. 60. Be Aware / Beware of the Web / Domain in the new global regime. × Use of internet for selling / marketing × Downloading from Internet (except for personal use) MUST ALWAYS HONOUR IPRs (Copyrights, Patents, Trademarks etc.) 60
  61. 61. G.I. (Geographical Indications) Name or sign used on goods originating from specific geographical origin or location and possess qualities, reputation or characteristics that are essentially attributable to that place of origin. 61
  62. 62. Geographical Indication India, as a member of the World Trade Organization (WTO), enacted the Geographical Indications of Goods (Registration & Protection) Act, 1999 has come into force with effect from 15th September 2003.  Geographical Indications of Goods (Registration & Protection) Act, 1999  Geographical Indications of Goods (Registration & Protection) Rules, 2002 62
  63. 63. Industrial Designs  Ornamental or Aesthetic aspect of an article.  3-D or 2-D features such as shape or surface, patterns, lines or color.  Industrial designs are applied to products of industry and handicraft, technical and medical instruments, watches, jewelry, house wares, electrical appliances, luxury items, vehicles, architectural structures, textile designs.  Does not protect any technical features of the article to which it is applied to. 63 Khale Sangeeta
  64. 64. Designs  Indian Designs Act, 2000 & Rule, 2001 (amended upto 2008).  To promote and protect the design element of industrial production.  Aimed to enact a detailed classification of design to conform to the international system and  To take care of the proliferation of design related activities in various fields. 64
  65. 65. 65
  66. 66. Organization Structure – IP Offices Ministry of Industry & Commerce Office of the Controller General of Patents, Designs And Trademarks Designs wing (Kolkatta) 66 Patent office ( Kolkatta, Delhi, Mumbai, Chennai) Trade Marks Registry ( Kolkatta, Delhi, Mumbai, Ahmedabad Chennai) Geographical Indications Registry ( Chennai) Patent Information Service ( Nagpur)