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Dr. Ajay Pratap Singh
ī‚— Property is of two kinds
ī‚— Tangible property: eg. land, buildings, chattels, etc.
ī‚— Intangible property : cannot be seen through eyes, eg.
lease, mortgages, Intellectual property
Intellectual Property
ī‚— Intellectual property is all about ideas skillfully
expressed resulting in innovative and creative works.
ī‚— Skillful ideas or creative thoughts capable of industrial
application
ī‚— Proprietary rights resulted out of labor is known as
property. The property rights resulted out of mental
labor is known as intellectual property.
ī‚— Allows people to own their creativity and innovation in
the same way that they can own physical property
ī‚— The owner of IP can control and be rewarded for its use,
and this encourages further innovation and creativity
to the benefit of us all.
Intellectual Property Rights
Types of Intellectual Property Rights
and IPR Laws
1. Orthodox or conventional IPRs: These are the
conventional
IPRs used by individuals, companies, association of persons
etc.
īąPatents for inventions—new and improved products and
processes that are capable of industrial application
īąTrade marks for brand identity—of goods and services
allowing distinctions to be made between different traders
īąCopyright for material—literary and artistic material,
music, films, sound recordings and broadcasts, including
software and multimedia.
ī‚— Intellectual efforts in the field of science, technology,
engineering or agriculture have been categorized to
give protection under patent system.
ī‚— Intellectual efforts in the field of literature, music,
photography, arts, and paintings have been
categorized as subject matter of copyrights.
2. Unorthodox or Innovative IPRs: include Industrial
Design, Geographical Indications, Plant Varieties, Semi
conductor layout design (SCLD)
īąDesigns for product appearance—of the whole or a part of
a product resulting from the features of, in particular, the
lines, contours, colours, shape, texture or materials of the
product itself or its ornamentation
īąGeographical Indications of goods: GI is a notice of a
definite product have been produced in a particular place.
The producer can use this sign only for products from the
specified region.
BASIC FEATURES OF IPRs
PATENT ------ NOVELTY
COPYRIGHT ------- ORIGINALITY (creative work)
TRADEMARK ------- DISTINCTIVENESS (indicate trade origin)
TRADE SECRET ------- UNLAWFUL ACCESS
GEORAPHICAL ------- REPUTATION DUE TO
INDICATION ORIGIN
INDUSTRIAL DESIGNS------- NON FUNCTIONAL
PROPERTY OF DESIGN
INTEGRATED CIRCUITS ------- EMBEDDED
COPYRIGHTS
(Software & Hardware)
PLANT VARIETY ------ DUS
(Distinctiveness
Uniformity &
stability)
Trade Secrets:
ī‚— A trade secret consists of any valuable business
information.
ī‚— The business secrets are not to be known by the
competitor.
ī‚— There is no limit to the type of information that can be
protected as trade secrets;
ī‚— For Example: Recipes, Marketing plans, financial
projections, and methods of conducting business can
all constitute trade secrets.
ī‚— There is no requirement that a trade secret be unique or
complex; thus, even something as simple and nontechnical
as a list of customers can qualify as a trade secret as long as
it affords its owner a competitive advantage and is not
common knowledge.
ī‚— There is no federal law relating to trade secrets and no
formalities are required to obtain rights to trade secrets.
ī‚— Trade secrets are protectable under various state statutes
and cases and by contractual agreements between parties.
ī‚— Example: Employers often require employees to sign
confidentiality agreements in which employees agree not
to disclose proprietary information owned by the employer.
ī‚— If properly protected, trade secrets may last forever.
ī‚— If companies fail to take reasonable measures to
maintain the secrecy of the information, trade secret
protection may be lost.
ī‚— Disclosure of the information should be limited to
those with a “need to know”
ī‚— Confidential information should be kept in secure or
restricted areas, and employees with access to
proprietary information should sign nondisclosure
agreements
Patent
ī‚— A patent gives an inventor the right for a limited
period to stop others from making, using or selling an
invention without the permission of the inventor.
ī‚— It is a deal between an inventor and the state in which
the inventor is allowed a short-term monopoly in
return for allowing the invention to be made public.
ī‚— Patents are about functional and technical aspects of
products and processes.
ī‚— Most patents are for incremental improvements in
known technology—evolution rather than revolution.
There are three types of patents:
ī‚— Utility patents may be granted to anyone who invents or
discovers any new and useful process, machine, article of
manufacture, or composition of matter, or any new and useful
improvement thereof;
ī‚— Design patents may be granted to anyone who invents a new,
original, and ornamental design for an article of manufacture;
and
ī‚— Plant patents may be granted to anyone who invents or
discovers and asexually reproduces any distinct and new
variety of plant.
Patent document
ī‚— A patented invention is recorded in a patent document
ī‚— Description of the invention, possibly with drawings,
with enough details for a person skilled in the area of
technology to perform the invention claims to define the
scope of the protection.
ī‚— The description is taken into account while interpreting
the claims.
ī‚— A patent can be of value to an inventor—as well as
protecting his business, patents can be bought, sold,
mortgaged, or licensed to others
ī‚— Once the term of the patent expires it can be freely
performed by anyone which benefits the public and
the economy
A PATENT IS A MONOPOLY RIGHT GRANTED
ī‚— For an invention
ī‚— By the Government
ī‚— To the inventor or his/her assignee
ī‚— For a limited period
ī‚— Valid within the country of grant
Difference Between Discovery & Invention
Discovery is
coming across the
things that are
already there
*Watson & Crick
discovered DNA
chain
An invention is
something which
has been created
by someone
*Marconi invented
radio
WHAT CAN BE PATENTED ?
ī‚— ALL PROCESSES & PRODUCTS WHICH ARE
ī‚— NEW
ī‚— INVOLVING INVENTIVE STEP
ī‚— CAPABLE OF INDUSTRIAL APPLICATION &
ī‚— NOT BARRED BY SEC 3 & 4 OF THE PATENTS ACT
PRODUCT MEANS
1. APPARATUS
2. DEVICES
3. MACHINES
4. CHEMICAL PRODUCTS
5. DRUG/ FOOD & THEIR COMPOSITIONS
6. CHEMICAL COMPOSITIONS
7. BIOLOGICAL PRODUCTS
Requirements of patentabilty
ī‚— Novelty: New characteristics, not a part of prior art
ī‚— Inventive step: Non-obviousness, knowledge being not
obvious to one skilled in the field
ī‚— Industrial applicability or utility- invention susceptible
to industrial application
“NEW” MEANS
SHOULD NOT BE
I. PUBLISHED IN INDIA OR ELSEWHERE
II. IN PRIOR PUBLIC KNOWLEDGE OR
PRIOR PUBLIC USE WITH IN INDIA
III. CLAIMED BEFORE IN ANY
SPECIFICATION IN INDIA
INVENTIVE STEP
“Inventive step” means a feature of an invention that
involves technical advance as compared to the existing
knowledge or having economic significance or both and that
makes the invention not obvious to a person skilled in the
art;
INDUSTRIAL APPLICATION MEANS
INVENTION IS CAPABLE OF BEING MADE OR
CAPABLE OF BEING USED IN
AN INDUSTRY
Provisional Specification
ī‚—Generally advised to file the provisional when the inventor
is ready with a solution to a problem but feels that some
more modifications or improvements are still possible but
unaware of the wary out.
ī‚—Filing P.S. gives a priority date
ī‚—Complete Specification should be filed within 12 months
from the date of filing of the P.S.
ī‚—No claims should be made in the provisional
Complete Specification
ī‚— Title of the Invention.
ī‚— Technical field of Invention.
ī‚— Prior art with short comings.
ī‚— Problems with the existing art.
ī‚— Proposed technical solution.
ī‚— Brief description of the accompanying drawings, if
any
ī‚— Detailed description of the invention
ī‚— Examples
ī‚— Claims
Procedure for Registration of Patent
File application in the patent office
Provisional/complete specification should be filed
Acceptance of specification
Publication of
application
Request for examination of application
Report of examiner
Approval objections Division of application
Amendment of objections
Patent is granted
LIMITATIONS
ī‚— This negative right is valid for a limited period
for 20 years from the date of application
(Provisional/Complete)
ī‚— In reality the right is enjoyable only from the
date of GRANT
ī‚— Action against the infringement, if any, can be
initiated in any court not lower than the district
court only from the date of grant
Patent Disputes
Novartis v. Union of India & Others
filed by Novartis in India in 1998
claimed the final form of Gleevec (the beta crystalline
form of imatinib mesylate)
Novartis applied for Exclusive Marketing Rights (EMR)
for Gleevec from the Indian Patent Office
ī‚— Apple Inc. v. Samsung Electronics Co., Ltd
ī‚— regarding the design of smartphones and tablet
computers
ī‚— Apple filed a suite of 4 design patents covering the
basic shape of the iPhon
ī‚— In May, 1995 the US Patent Office granted to the
University of Mississippi Medical Center a patent
[#5,401,504] for "Use of Turmeric in Wound Healing.“
ī‚— challenged by Dr. R A Mashelkar, an Indian scientist
ī‚— Turmeric (haldi) is an Indian discovery and cannot be
patented.
ī‚— In late 1997, an American company RiceTec Inc, was
granted a patent by the US patent office to call the aromatic
rice grown outside India 'Basmati‘
ī‚— RiceTec Inc, had been trying to enter the international
Basmati market with brands like 'Kasmati' and 'Texmati'
ī‚— India lose out on the 45,000 tonne US import market,
which forms 10 percent of the total Basmati exports, but
also its position in crucial markets like the European
Union, the United Kingdom, Middle East and West Asia
ī‚— In addition, the patent on Basmati is believed to be a
violation of the fundamental fact that the long grain
aromatic rice grown only in Punjab, Haryana, and Uttar
Pradesh is called Basmati.
Patent on Neem:
ī‚— challenge to the patent had been made at the Munich
office of the EPO by three groups: the EU Parliament's
Green Party, Dr. Vandana Shiva of the India-based
Research Foundation for Science, Technology and
Ecology, and the International Federation of Organic
Agriculture Movements.
ī‚— Organization wise patents ownership indicates largest
number owned by Certis - W.R. Grace (49) followed by
Rohm & Haas (36), CSIR-India (14), Trifolio (9), Bayer
(8) and EID Parry (6).
COPYRIGHT
ī‚— Copyright is a legal right created by the law of a
country that grants the creator of an original work
exclusive rights for its use and distribution.
ī‚— An author can transfer the copyright to another person
or corporation, such as a publishing company.”
What is a Copyright?
ī‚— Copyright is a form of protection provided by Law to the authors
of “Original Works of Authorship” fixed in any tangible medium
of expression.
ī‚— Creative expression may be captured in words, number, notes,
sounds, pictures or any other graphic or symbolic media.
ī‚— The subject matter of copyright is extremely broad, including
literary, dramatic, musical, artistic, audiovisual and architectural
works.
ī‚— Copyright protection is available for both published and
unpublished works.
What is protected by copyright?
ī‚— Copyright protects the expression of ideas (e.g. words and
illustrations). Ideas alone are not protected. The following
may be protected under copyright law:
īƒŧ Literary works (e.g., written works, source codes of computer
programs)
īƒŧ Dramatic works (e.g.,. scripts for films and dramas)
īƒŧ Musical works (e.g., melodies)
īƒŧ Artistic works (e.g., paintings, photographs)
īƒŧ Published editions of the above works
īƒŧ Sound recordings
īƒŧ Films
īƒŧ Television and radio broadcasts
īƒŧ Cable programmes
īƒŧ Performances
What is not protected by copyright?
Subject matter not protected by copyright include:
īƒIdeas or concepts
īƒDiscoveries
īƒProcedures
īƒMethods
īƒWorks or other subject matter that have not be made
in a tangible form in a recording or writing
īƒSubject matter that is not of original authorship
The Rights afforded by copyright
law:
ī‚— The copyright act provides that, subject to certain
exceptions, the owner of a copyrights has the exclusive
rights to do and to authorize any of the following:
īƒŧRights of Reproduction:
īƒŧRights to prepare Derivative works:
īƒŧRights of distribution and the first sale doctrine:
Term of protection
The duration varies according to the type of copyright
work concerned.
Literary, dramatic, musical
and artistic works
70 years from the end of the year in which the author died.
Specifically for photographs, or if the work is published
after the death of the author, it lasts for 70 years, from the
end of the year in which the work was first published.
Published editions of
literary, dramatic, musical
or artistic works (layout)
25 years from the end of the year in which the edition was
first published.
Sound recordings and films 50 years from the end of the year in which the sound
recording or film was first published.
Broadcasts and cable
programmes
50 years from the end of the year of making the broadcast
or cable programme.
Performances 70 years from the end of the year of the performance.
Copyright Dispute
Mike Tyson's
tattoo artist S.
Victor Whitmill
filed a lawsuit
against Warner
Bros.
Entertainment
The tagline “Das Auto” was introduced in 2007, replacing "Aus Liebe zum
Automobil" ("For the Love of the Automobile"), whereas Nitin Das has been
using “Das Auto” since 1987.
Tradmark
Tradmark
ī‚— “It is a word, name, symbol, or device or a combination
thereof, used by a person or which a person has a
bonafide intention to use, to identify and distinguish
his or her goods from those manufactured by others
and to indicate the source of those goods.”
ī‚— A Trademark generally refers to a “brand” or “logo”.
ī‚— Trademark registration can also be obtained for a business
name, distinctive catch phrases, taglines or captions.
ī‚— Properly used and promoted, a Trademark may become the
most valuable asset of a business.
PURPOSE AND FUNCTION OF TRADEMARK
ī‚— Trademarks perform two critical functions in the
marketplace:
[1] they provide assurance that goods are of a certain
quality and consistency,
[2] they assist consumers in making decisions about the
purchase of goods.
ī‚— The main purpose of trademark is to show the
difference about the quality of goods and service
ī‚— Protection of trademarks results in increased competition in
the marketplace, with both the producer of goods and services
and the consumer as the ultimate beneficiaries.
ī‚— The value inherent in achieving consumer loyalty to a
particular product or service through the maintenance of
consistent quality of the products or service offered under a
mark is called goodwill.
īļThey identify one maker’s goods or services and distinguish
them from those offered by others
īļThey indicate that all goods or services offered under the mark
come from a single producer, manufacturer, or “source”
īļThey indicate that all goods or services offered under the mark
are of consistent quality and
īļThey serve as an advertising device so that consumers link a
product or service being offered with a mark
TYPES OF MARKS
ī‚— There are four different types of marks. They are:
ī‚— 1. Trademark
ī‚— 2. Service mark
ī‚— 3. Certification mark
ī‚— 4. Collective mark
Trademark
ī‚— The term trademark thus refers to some physical and
tangible good,
ī‚— A trademark is a visual mark that may use any combination
of letters and imagery to aid a company in differentiating
itself from other entities
ī‚— The purpose of a trademark is to visually represent a
person, company, or product
ī‚— Trademark should be designed to provide easy and definite
recognition
Registered trademark
ī‚— The registered trademark symbol is a symbol that
provides notice that the preceding word or symbol is
a trademark , that has been registered with a national
trademark office
Service mark
ī‚— Service mark refers to an intangible service
ī‚— A service mark or servicemark is a trademark used
to identify a service rather than a product
ī‚— Differs from a trademark in that the mark is used on
the advertising of the service rather than on the
packaging or delivery of the service
Certification mark
ī‚— A citification mark is a word, name, symbol, device, or
combination thereof, used by one person to certify
that the goods or services of others have certain
features in regard to quality, material, mode of
manufacture, or some other characteristic.
ī‚— For example: Hallmark, ISO mark, BIS Mark
Collective Mark
ī‚— A collective mark is one used by a collective
membership organization, such as a labor union,
fraternity, or professional society, to identify that the
person displaying the mark is a member of the
organization.
What can be protected
ī‚— Slogans, Letters and Numbers
ī‚— Logos and Symbols
ī‚— Names of performing Artists : Blue band,
ī‚— Domain Names: www.amazon.com
ī‚— Shapes and Containers
ī‚— Fragrances, Sounds, and Moving Images: eg.
NOKIA tune, Samsung tune, Indian Idol tune
ī‚— Insignia: Flags, coats of arms, and other insignia of
any foreign nation cannot be registered.
ī‚— Picture and Drawings :
“Generic Mark”:
ī‚— are devices which actually name a product and are
incapable of functioning as a trademark.
ī‚— Generic devices will not become a trademark even if
they are advertised so heavily that secondary meaning
can be proven in the mind of consumers.
ī‚— No manufacturer or service provider should be given
exclusive right to use words that generically identify a
product
ī‚— Examples : ASPIRIN, XEROX and CELLOPHANE.
ī‚— “Descriptive mark”: are devices which merely describe
the services or goods on which the mark is used
ī‚— If a device is merely descriptive, it is not a mark at all,
since it does not serve to identify the source of the
goods or services.
ī‚— No trademark rights are granted to merely descriptive
marks.
ī‚— Example: “TUBELESS” tyres
ī‚— “Suggestive mark”:
ī‚— are marks that suggest a quality or characteristic of the
goods and services.
ī‚— suggestive marks are not as strong as fanciful
ī‚— suggestive marks are far more common due to the inherent
marketing advantage of tying a mark to the product in a
customer's mind.
ī‚— Example: MICROSOFT (suggestive of software for
microcomputers)
ī‚— “Arbitrary Marks”
ī‚— An arbitrary mark utilizes a device having a common
meaning that has no relation to the goods or services
being sold.
ī‚— Examples of arbitrary marks include: APPLE (for
computers) LOTUS (for software)
Trade dress
ī‚— Trade dress is a legal term of art that generally refers to
characteristics of the visual appearance of a product or its
packaging (or even the design of a building) that signify
the source of the product to consumers
ī‚— Shape of goods, packaging or combination of colors or any
combination thereof
ī‚— A package is now protected under the Act, which includes
any case, box container, receptacle, vessel, casket, bottle,
wrapper, label, band, ticket, reel, frame, capsule, cap, lid,
stopper, and cork.
ī‚— ‘TM' stands for Trademark and 'SM' stands for
Servicemark. The use of TM and SM symbols notifies
the public that the company is claiming exclusive
ownership of the trademark and can generally be used
by one who has filed a trademark application.
ī‚— The ÂŽ symbol, can be used only once the trademark is
registered and the registration certificate is issued.
Advantage of Trademark
A trademark enables a customer to distinguish the product of
one manufacturer from the other.
The trademark becomes an effective instrument to attract
customers and by its proper use, the trademark acquires
goodwill of customers
Compels the attention of the customers
Ensures consistency in quality of goods & services
Term of Trademark
The term of a trademark is ten (10) years from filing date
It can be renewed further after every ten(10) years
Well known Trademarks
Coca Cola for soft
drink
Toblerone Triangular
shaped chocolates
Trade names
Furniture,
Refrigerators,
Storewell, Compactor
etc.
Bulbs
Logo of some well known brands
Logo of Washing
Powder of Hindustan
Lever
Logo of iodized salt of
Hindustan Lever
Logo of Lipton tea
Trademark Dispute
ī‚— Swiss multinational Nestle
vs
ī‚— Kolkata based Kit Kat Food Products
Amul wins trademark case
ī‚— Amul of Gujarat has won a trademark dispute with a
milk producers’ co-operative union in West Bengal,
which sought to market a brand of milk named ‘Imul’.
ī‚— India's biggest and most profitable carrier IndiGo in a
trademark dispute over its name with Tata Motors
Design
What is a Design?
ī‚— A Design refers to the features of shape, configuration,
bpattern, ornamentation or composition of lines or
colours applied to any article, whether in two or three
dimensional (or both) forms
ī‚— This may be applied by any industrial process or
means (manual, mechanical or chemical) separately or
by a combined process, which in the finished article
appeals to and judged solely by the eye.
Benefits of Design registration
ī‚— The registration of a design confers upan theregistered
proprietor the exclusive right to apply a design to the
article in the class in which the design has been
registered
ī‚— He can license or sell his design as legal property for a
consideration or royalty.
ī‚— He can sue for infringement, if his right is infringed by
any person.
Essential requirements for registration
ī‚— Be new or original
ī‚— Not be disclosed to the public any where by
publication in tangible from or by use or in any other
way prior to the filling date
ī‚— Be significantly distinguishable from known designs or
combination of known designs.
ī‚— Not comprise or contain scandalous or obscene matter.
ī‚— Not be a mere mechanical contrivance.
ī‚— Be applied to an article and should appeal to the eye.
ī‚— Not be contrary to public order or morality.
Exclusion from scope of design
ī‚— Designs that are primarily literary or artistic
ī‚— labels, tokens, cards, cartoons
ī‚— buildings and structures.
ī‚— parts of articles not manufactured and sold separately.
ī‚— variations commonly used in the trade.
ī‚— mere workshop alterations of components of an
assembly.
ī‚— mere change in size of article.
ī‚— flags, emblems or signs of any country.
ī‚— layout designs of integrated circuits
Designs
Design refers to the 2- or 3- dimensional drawing
delineating features of
ī‚— Shape
ī‚— Configuration
ī‚— Pattern
ī‚— Ornamentation
ī‚— Compositions of lines or colors
Applied to any article in 2-d or 3-d or in both
forms, and are judged solely by the eye.
Applied to an article for its manufacturer
Advantage of Design Registration
Appearance and shape of the product is registered as design
Trademark is a label attached to the product
Appearance i.e. design promotes marketability of product
Registered design provides legal cover against copy-cats
Criteria of Design Registration
Novelty: Novelty is judged solely by eye
w.r.t. external appearance of the finished
Article
Absolute Novelty– i.e. Not publicly known
or use in India or elsewhere
Term of Design Registration
Term of design registration maximum 15 years subject
to renewal every five years
No question of re-registering the registered design >15
years
Classes of goods for design registration- 14
Example of Design
Designers chair
TRADEMARK
Brand Name
Subject Matter of
Trademark
Auto-Focus Mechanism
Subject Matter of Patent
PATENT
DESIGNS
External Appearance of Camera
Subject Matter of Design.
Geographical Indication
A geographical indication is a name or sign used on
certain products, which corresponds to a specific
geographical location or origin (eg. a town, region, or
country).
The use of a GI may act as a certification that the
product possesses certain qualities, or enjoys a
certain reputation, due to its geographical origin.
Who Owns the GI ?
The whole community, which belongs to that particular
region owns the GI
- Property of the community, unlike trademark which is
a traders property
- To exclude unauthorized persons from misusing GI
- Quality and reputation owing to a place of origin
Why Geographical Indication (GI)
need protection?
ī‚— Geographical Indication is always beneficial as the
owner can prevent others from unauthorized usage or
from commercializing of the registered product.
ī‚— However the registration of GI is not mandatory in
India
What does not qualify for GI?
ī‚— Things which are determined to be generic names or indications
of goods and are, therefore, not or ceased to be protected in their
country of origin, or which have fallen into disuse in that country
ī‚— Things which comprise or contain any matter likely to hurt the
religious susceptibilities of any class or section of the citizens of
India
ī‚— Things which would otherwise be disentitled to protection in a
court
ī‚— The use of which would be likely to deceive or cause confusion
ī‚— The use of which would be contrary to any law for the time being
in force
ī‚— Things which comprise or contain scandalous or obscene matter
ī‚— Things which although literally true as to the territory, region or
locality in which the goods originate, but falsely represent to the
persons that the goods originate in another territory, region or
locality, as the case may be.
List of GI in India
1 Darjeeling Tea (word & logo) Agricultural West Bengal
2 Aranmula Kannadi Handicraft Kerala
3 Pochampally Ikat Handicraft Telangana
4 Salem Fabric Handicraft Tamil Nadu
5 Chanderi Fabric Handicraft Madhya Pradesh
6 Solapuri Chaddar Handicraft Maharashtra
7 Solapur Terry Towel Handicraft Maharashtra
8 Kotpad Handloom fabric Handicraft Orissa
9 Mysore silk Handicraft Karnataka
10 Kota Doria Handicraft Rajasthan
11 Mysore Agarbathi Manufactured Karnataka
12 Kancheepuram Silk Handicraft Tamil Nadu
13 Bhavani Jamakkalam Handicraft Tamil Nadu
14 Kullu Shawl Handicraft Himachal Pradesh
List of GI in India
23 Mysore Sandalwood Oil Manufactured Karnataka
24 Mysore Sandal Soap Manufactured Karnataka
30 Madhubani paintings Handicraft Bihar
32 Thanjavur Paintings Handicraft Tamil Nadu
35 Muga Silk Handicraft Assam
41 Palakkadan Matta Rice Agricultural Kerala
85 Dharwad Pedha Foodstuff Karnataka
99 Naga Mircha Agricultural Nagaland
107 Tirupathi Laddu[a] Foodstuff Andhra Pradesh
110 Banaras Brocades and Sarees Handicraft Uttar Pradesh
120 Bikaneri Bhujia Agricultural Rajasthan
131 Hyderabad Haleem Foodstuff Telangana
171 Bhagalpur Silk Handicraft Bihar
183 Lucknow Zardozi Handicraft Uttar Pradesh
Term of GI
ī‚— Registration of a geographical indication remains
valid for a period of 10 years
ī‚— Not granted to individuals
ī‚— It’s a national property (Association, Authority,
Organization) e.g. Tea Board, Coffee Board, Spice
Board
ī‚— It can be renewed from time to time for further
period of 10 years each
Leading Indian Geographical Indications
Leading Indian Geographical Indications
Leading Indian Geographical Indications
Leading Indian Geographical Indications
Leading Indian Geographical Indications
Leading Indian Geographical Indications
Need for Intellectual Property Rights
ī‚— Providing due recognition to the creators and inventors.
ī‚— Intellectual Property Helps Generate Breakthrough Solutions to
Global Challenges
ī‚— Strong and Enforced Intellectual Property Rights Protect
Consumers and Families
ī‚— Intellectual Property Rights Encourage Innovation and Reward
Entrepreneurs
ī‚— Intellectual Property Drives Economic Growth and
Competitiveness
Organizations involved in IPR in India
ī‚— The Ministry of Commerce and Industry,
ī‚— Ministry of Human Resource development,
ī‚— Ministry of Information and Broadcasting,
ī‚— CII – Confederation of Indian Industries,
ī‚— FICCI- Federation of Indian Chambers of Commerce and
Industries,
ī‚— ASSOCHAM- Associated Chambers of Commerce and
Industries.
ī‚— Department of Science and Technology (TIFAC-Technical
Information Forecasting and Assessment Council)
Controller General of Patents,
Designs, and Trade Marks
ī‚— Office of the Controller General of Patents, Designs &
Trade Marks (CGPDTM) is located at Mumbai.
ī‚— The Head Office of the Patent office is at Kolkata and its
Branch offices are located at Chennai, New Delhi and
Mumbai.
ī‚— The Trade Marks registry is at Mumbai and its Branches are
located in Kolkata, Chennai, Ahmedabad and New Delhi.
ī‚— The Design Office is located at Kolkata in the Patent
Office.
ī‚— The Offices of The Patent Information System (PIS) and
National Institute of Intellectual Property Management
(NIIPM) are at Nagpur.
IPR in India
1856 The Act VI of 1856 on protection of inventions based on the British Patent Law of
1852. Certain exclusive privileges granted to inventors of new manufacturers for a
period of 14 years.
1859 The Act Modified As ACT XV; patent monopolies called exclusive privileges
(making. Selling and using inventions in and authorizing others to do so for 14
years from date of filing specification).
1872 The Patents & Designs Protection Act.
1883 The Protection Of Inventions Act.
1888 Consolidated as the Inventions & Designs Act.
1911 The Indian Patents & Designs Act.
1972 The Patents Act (Act 39 of 1970) came into force on .
1999 On Patents (Amendment) ACT, (1999) came into force from .
2002 The Patents (Amendment) Act 2002 came into force from 2Oth may 2003
2005 The Patents (Amendment) Act 2005 effective from 1st January 2005

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Types of Intellectual Property Rights and IPR Laws

  • 2. ī‚— Property is of two kinds ī‚— Tangible property: eg. land, buildings, chattels, etc. ī‚— Intangible property : cannot be seen through eyes, eg. lease, mortgages, Intellectual property
  • 3. Intellectual Property ī‚— Intellectual property is all about ideas skillfully expressed resulting in innovative and creative works. ī‚— Skillful ideas or creative thoughts capable of industrial application ī‚— Proprietary rights resulted out of labor is known as property. The property rights resulted out of mental labor is known as intellectual property.
  • 4. ī‚— Allows people to own their creativity and innovation in the same way that they can own physical property ī‚— The owner of IP can control and be rewarded for its use, and this encourages further innovation and creativity to the benefit of us all. Intellectual Property Rights
  • 5. Types of Intellectual Property Rights and IPR Laws 1. Orthodox or conventional IPRs: These are the conventional IPRs used by individuals, companies, association of persons etc. īąPatents for inventions—new and improved products and processes that are capable of industrial application īąTrade marks for brand identity—of goods and services allowing distinctions to be made between different traders īąCopyright for material—literary and artistic material, music, films, sound recordings and broadcasts, including software and multimedia.
  • 6. ī‚— Intellectual efforts in the field of science, technology, engineering or agriculture have been categorized to give protection under patent system. ī‚— Intellectual efforts in the field of literature, music, photography, arts, and paintings have been categorized as subject matter of copyrights.
  • 7. 2. Unorthodox or Innovative IPRs: include Industrial Design, Geographical Indications, Plant Varieties, Semi conductor layout design (SCLD) īąDesigns for product appearance—of the whole or a part of a product resulting from the features of, in particular, the lines, contours, colours, shape, texture or materials of the product itself or its ornamentation īąGeographical Indications of goods: GI is a notice of a definite product have been produced in a particular place. The producer can use this sign only for products from the specified region.
  • 8. BASIC FEATURES OF IPRs PATENT ------ NOVELTY COPYRIGHT ------- ORIGINALITY (creative work) TRADEMARK ------- DISTINCTIVENESS (indicate trade origin) TRADE SECRET ------- UNLAWFUL ACCESS GEORAPHICAL ------- REPUTATION DUE TO INDICATION ORIGIN INDUSTRIAL DESIGNS------- NON FUNCTIONAL PROPERTY OF DESIGN INTEGRATED CIRCUITS ------- EMBEDDED COPYRIGHTS (Software & Hardware) PLANT VARIETY ------ DUS (Distinctiveness Uniformity & stability)
  • 9. Trade Secrets: ī‚— A trade secret consists of any valuable business information. ī‚— The business secrets are not to be known by the competitor. ī‚— There is no limit to the type of information that can be protected as trade secrets; ī‚— For Example: Recipes, Marketing plans, financial projections, and methods of conducting business can all constitute trade secrets.
  • 10. ī‚— There is no requirement that a trade secret be unique or complex; thus, even something as simple and nontechnical as a list of customers can qualify as a trade secret as long as it affords its owner a competitive advantage and is not common knowledge. ī‚— There is no federal law relating to trade secrets and no formalities are required to obtain rights to trade secrets. ī‚— Trade secrets are protectable under various state statutes and cases and by contractual agreements between parties. ī‚— Example: Employers often require employees to sign confidentiality agreements in which employees agree not to disclose proprietary information owned by the employer.
  • 11. ī‚— If properly protected, trade secrets may last forever. ī‚— If companies fail to take reasonable measures to maintain the secrecy of the information, trade secret protection may be lost. ī‚— Disclosure of the information should be limited to those with a “need to know” ī‚— Confidential information should be kept in secure or restricted areas, and employees with access to proprietary information should sign nondisclosure agreements
  • 12. Patent ī‚— A patent gives an inventor the right for a limited period to stop others from making, using or selling an invention without the permission of the inventor. ī‚— It is a deal between an inventor and the state in which the inventor is allowed a short-term monopoly in return for allowing the invention to be made public.
  • 13. ī‚— Patents are about functional and technical aspects of products and processes. ī‚— Most patents are for incremental improvements in known technology—evolution rather than revolution.
  • 14. There are three types of patents: ī‚— Utility patents may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof; ī‚— Design patents may be granted to anyone who invents a new, original, and ornamental design for an article of manufacture; and ī‚— Plant patents may be granted to anyone who invents or discovers and asexually reproduces any distinct and new variety of plant.
  • 15. Patent document ī‚— A patented invention is recorded in a patent document ī‚— Description of the invention, possibly with drawings, with enough details for a person skilled in the area of technology to perform the invention claims to define the scope of the protection. ī‚— The description is taken into account while interpreting the claims.
  • 16. ī‚— A patent can be of value to an inventor—as well as protecting his business, patents can be bought, sold, mortgaged, or licensed to others ī‚— Once the term of the patent expires it can be freely performed by anyone which benefits the public and the economy
  • 17. A PATENT IS A MONOPOLY RIGHT GRANTED ī‚— For an invention ī‚— By the Government ī‚— To the inventor or his/her assignee ī‚— For a limited period ī‚— Valid within the country of grant
  • 18. Difference Between Discovery & Invention Discovery is coming across the things that are already there *Watson & Crick discovered DNA chain An invention is something which has been created by someone *Marconi invented radio
  • 19. WHAT CAN BE PATENTED ? ī‚— ALL PROCESSES & PRODUCTS WHICH ARE ī‚— NEW ī‚— INVOLVING INVENTIVE STEP ī‚— CAPABLE OF INDUSTRIAL APPLICATION & ī‚— NOT BARRED BY SEC 3 & 4 OF THE PATENTS ACT PRODUCT MEANS 1. APPARATUS 2. DEVICES 3. MACHINES 4. CHEMICAL PRODUCTS 5. DRUG/ FOOD & THEIR COMPOSITIONS 6. CHEMICAL COMPOSITIONS 7. BIOLOGICAL PRODUCTS
  • 20. Requirements of patentabilty ī‚— Novelty: New characteristics, not a part of prior art ī‚— Inventive step: Non-obviousness, knowledge being not obvious to one skilled in the field ī‚— Industrial applicability or utility- invention susceptible to industrial application
  • 21. “NEW” MEANS SHOULD NOT BE I. PUBLISHED IN INDIA OR ELSEWHERE II. IN PRIOR PUBLIC KNOWLEDGE OR PRIOR PUBLIC USE WITH IN INDIA III. CLAIMED BEFORE IN ANY SPECIFICATION IN INDIA
  • 22. INVENTIVE STEP “Inventive step” means a feature of an invention that involves technical advance as compared to the existing knowledge or having economic significance or both and that makes the invention not obvious to a person skilled in the art;
  • 23. INDUSTRIAL APPLICATION MEANS INVENTION IS CAPABLE OF BEING MADE OR CAPABLE OF BEING USED IN AN INDUSTRY
  • 24. Provisional Specification ī‚—Generally advised to file the provisional when the inventor is ready with a solution to a problem but feels that some more modifications or improvements are still possible but unaware of the wary out. ī‚—Filing P.S. gives a priority date ī‚—Complete Specification should be filed within 12 months from the date of filing of the P.S. ī‚—No claims should be made in the provisional
  • 25. Complete Specification ī‚— Title of the Invention. ī‚— Technical field of Invention. ī‚— Prior art with short comings. ī‚— Problems with the existing art. ī‚— Proposed technical solution. ī‚— Brief description of the accompanying drawings, if any ī‚— Detailed description of the invention ī‚— Examples ī‚— Claims
  • 26. Procedure for Registration of Patent File application in the patent office Provisional/complete specification should be filed Acceptance of specification Publication of application Request for examination of application Report of examiner Approval objections Division of application Amendment of objections Patent is granted
  • 27. LIMITATIONS ī‚— This negative right is valid for a limited period for 20 years from the date of application (Provisional/Complete) ī‚— In reality the right is enjoyable only from the date of GRANT ī‚— Action against the infringement, if any, can be initiated in any court not lower than the district court only from the date of grant
  • 28. Patent Disputes Novartis v. Union of India & Others filed by Novartis in India in 1998 claimed the final form of Gleevec (the beta crystalline form of imatinib mesylate) Novartis applied for Exclusive Marketing Rights (EMR) for Gleevec from the Indian Patent Office
  • 29. ī‚— Apple Inc. v. Samsung Electronics Co., Ltd ī‚— regarding the design of smartphones and tablet computers ī‚— Apple filed a suite of 4 design patents covering the basic shape of the iPhon
  • 30. ī‚— In May, 1995 the US Patent Office granted to the University of Mississippi Medical Center a patent [#5,401,504] for "Use of Turmeric in Wound Healing.“ ī‚— challenged by Dr. R A Mashelkar, an Indian scientist ī‚— Turmeric (haldi) is an Indian discovery and cannot be patented.
  • 31. ī‚— In late 1997, an American company RiceTec Inc, was granted a patent by the US patent office to call the aromatic rice grown outside India 'Basmati‘ ī‚— RiceTec Inc, had been trying to enter the international Basmati market with brands like 'Kasmati' and 'Texmati' ī‚— India lose out on the 45,000 tonne US import market, which forms 10 percent of the total Basmati exports, but also its position in crucial markets like the European Union, the United Kingdom, Middle East and West Asia ī‚— In addition, the patent on Basmati is believed to be a violation of the fundamental fact that the long grain aromatic rice grown only in Punjab, Haryana, and Uttar Pradesh is called Basmati.
  • 32. Patent on Neem: ī‚— challenge to the patent had been made at the Munich office of the EPO by three groups: the EU Parliament's Green Party, Dr. Vandana Shiva of the India-based Research Foundation for Science, Technology and Ecology, and the International Federation of Organic Agriculture Movements. ī‚— Organization wise patents ownership indicates largest number owned by Certis - W.R. Grace (49) followed by Rohm & Haas (36), CSIR-India (14), Trifolio (9), Bayer (8) and EID Parry (6).
  • 34. ī‚— Copyright is a legal right created by the law of a country that grants the creator of an original work exclusive rights for its use and distribution. ī‚— An author can transfer the copyright to another person or corporation, such as a publishing company.”
  • 35. What is a Copyright? ī‚— Copyright is a form of protection provided by Law to the authors of “Original Works of Authorship” fixed in any tangible medium of expression. ī‚— Creative expression may be captured in words, number, notes, sounds, pictures or any other graphic or symbolic media. ī‚— The subject matter of copyright is extremely broad, including literary, dramatic, musical, artistic, audiovisual and architectural works. ī‚— Copyright protection is available for both published and unpublished works.
  • 36. What is protected by copyright? ī‚— Copyright protects the expression of ideas (e.g. words and illustrations). Ideas alone are not protected. The following may be protected under copyright law: īƒŧ Literary works (e.g., written works, source codes of computer programs) īƒŧ Dramatic works (e.g.,. scripts for films and dramas) īƒŧ Musical works (e.g., melodies) īƒŧ Artistic works (e.g., paintings, photographs) īƒŧ Published editions of the above works īƒŧ Sound recordings īƒŧ Films īƒŧ Television and radio broadcasts īƒŧ Cable programmes īƒŧ Performances
  • 37. What is not protected by copyright? Subject matter not protected by copyright include: īƒIdeas or concepts īƒDiscoveries īƒProcedures īƒMethods īƒWorks or other subject matter that have not be made in a tangible form in a recording or writing īƒSubject matter that is not of original authorship
  • 38. The Rights afforded by copyright law: ī‚— The copyright act provides that, subject to certain exceptions, the owner of a copyrights has the exclusive rights to do and to authorize any of the following: īƒŧRights of Reproduction: īƒŧRights to prepare Derivative works: īƒŧRights of distribution and the first sale doctrine:
  • 39. Term of protection The duration varies according to the type of copyright work concerned. Literary, dramatic, musical and artistic works 70 years from the end of the year in which the author died. Specifically for photographs, or if the work is published after the death of the author, it lasts for 70 years, from the end of the year in which the work was first published. Published editions of literary, dramatic, musical or artistic works (layout) 25 years from the end of the year in which the edition was first published. Sound recordings and films 50 years from the end of the year in which the sound recording or film was first published. Broadcasts and cable programmes 50 years from the end of the year of making the broadcast or cable programme. Performances 70 years from the end of the year of the performance.
  • 40. Copyright Dispute Mike Tyson's tattoo artist S. Victor Whitmill filed a lawsuit against Warner Bros. Entertainment
  • 41. The tagline “Das Auto” was introduced in 2007, replacing "Aus Liebe zum Automobil" ("For the Love of the Automobile"), whereas Nitin Das has been using “Das Auto” since 1987.
  • 43. Tradmark ī‚— “It is a word, name, symbol, or device or a combination thereof, used by a person or which a person has a bonafide intention to use, to identify and distinguish his or her goods from those manufactured by others and to indicate the source of those goods.” ī‚— A Trademark generally refers to a “brand” or “logo”. ī‚— Trademark registration can also be obtained for a business name, distinctive catch phrases, taglines or captions. ī‚— Properly used and promoted, a Trademark may become the most valuable asset of a business.
  • 44. PURPOSE AND FUNCTION OF TRADEMARK ī‚— Trademarks perform two critical functions in the marketplace: [1] they provide assurance that goods are of a certain quality and consistency, [2] they assist consumers in making decisions about the purchase of goods. ī‚— The main purpose of trademark is to show the difference about the quality of goods and service
  • 45. ī‚— Protection of trademarks results in increased competition in the marketplace, with both the producer of goods and services and the consumer as the ultimate beneficiaries. ī‚— The value inherent in achieving consumer loyalty to a particular product or service through the maintenance of consistent quality of the products or service offered under a mark is called goodwill. īļThey identify one maker’s goods or services and distinguish them from those offered by others īļThey indicate that all goods or services offered under the mark come from a single producer, manufacturer, or “source” īļThey indicate that all goods or services offered under the mark are of consistent quality and īļThey serve as an advertising device so that consumers link a product or service being offered with a mark
  • 46.
  • 47. TYPES OF MARKS ī‚— There are four different types of marks. They are: ī‚— 1. Trademark ī‚— 2. Service mark ī‚— 3. Certification mark ī‚— 4. Collective mark
  • 48. Trademark ī‚— The term trademark thus refers to some physical and tangible good, ī‚— A trademark is a visual mark that may use any combination of letters and imagery to aid a company in differentiating itself from other entities ī‚— The purpose of a trademark is to visually represent a person, company, or product ī‚— Trademark should be designed to provide easy and definite recognition
  • 49. Registered trademark ī‚— The registered trademark symbol is a symbol that provides notice that the preceding word or symbol is a trademark , that has been registered with a national trademark office
  • 50. Service mark ī‚— Service mark refers to an intangible service ī‚— A service mark or servicemark is a trademark used to identify a service rather than a product ī‚— Differs from a trademark in that the mark is used on the advertising of the service rather than on the packaging or delivery of the service
  • 51. Certification mark ī‚— A citification mark is a word, name, symbol, device, or combination thereof, used by one person to certify that the goods or services of others have certain features in regard to quality, material, mode of manufacture, or some other characteristic. ī‚— For example: Hallmark, ISO mark, BIS Mark
  • 52. Collective Mark ī‚— A collective mark is one used by a collective membership organization, such as a labor union, fraternity, or professional society, to identify that the person displaying the mark is a member of the organization.
  • 53. What can be protected ī‚— Slogans, Letters and Numbers
  • 54. ī‚— Logos and Symbols
  • 55. ī‚— Names of performing Artists : Blue band, ī‚— Domain Names: www.amazon.com ī‚— Shapes and Containers
  • 56. ī‚— Fragrances, Sounds, and Moving Images: eg. NOKIA tune, Samsung tune, Indian Idol tune ī‚— Insignia: Flags, coats of arms, and other insignia of any foreign nation cannot be registered. ī‚— Picture and Drawings :
  • 57. “Generic Mark”: ī‚— are devices which actually name a product and are incapable of functioning as a trademark. ī‚— Generic devices will not become a trademark even if they are advertised so heavily that secondary meaning can be proven in the mind of consumers. ī‚— No manufacturer or service provider should be given exclusive right to use words that generically identify a product ī‚— Examples : ASPIRIN, XEROX and CELLOPHANE.
  • 58. ī‚— “Descriptive mark”: are devices which merely describe the services or goods on which the mark is used ī‚— If a device is merely descriptive, it is not a mark at all, since it does not serve to identify the source of the goods or services. ī‚— No trademark rights are granted to merely descriptive marks. ī‚— Example: “TUBELESS” tyres
  • 59. ī‚— “Suggestive mark”: ī‚— are marks that suggest a quality or characteristic of the goods and services. ī‚— suggestive marks are not as strong as fanciful ī‚— suggestive marks are far more common due to the inherent marketing advantage of tying a mark to the product in a customer's mind. ī‚— Example: MICROSOFT (suggestive of software for microcomputers)
  • 60. ī‚— “Arbitrary Marks” ī‚— An arbitrary mark utilizes a device having a common meaning that has no relation to the goods or services being sold. ī‚— Examples of arbitrary marks include: APPLE (for computers) LOTUS (for software)
  • 61. Trade dress ī‚— Trade dress is a legal term of art that generally refers to characteristics of the visual appearance of a product or its packaging (or even the design of a building) that signify the source of the product to consumers ī‚— Shape of goods, packaging or combination of colors or any combination thereof ī‚— A package is now protected under the Act, which includes any case, box container, receptacle, vessel, casket, bottle, wrapper, label, band, ticket, reel, frame, capsule, cap, lid, stopper, and cork.
  • 62. ī‚— ‘TM' stands for Trademark and 'SM' stands for Servicemark. The use of TM and SM symbols notifies the public that the company is claiming exclusive ownership of the trademark and can generally be used by one who has filed a trademark application. ī‚— The ÂŽ symbol, can be used only once the trademark is registered and the registration certificate is issued.
  • 63. Advantage of Trademark A trademark enables a customer to distinguish the product of one manufacturer from the other. The trademark becomes an effective instrument to attract customers and by its proper use, the trademark acquires goodwill of customers Compels the attention of the customers Ensures consistency in quality of goods & services
  • 64. Term of Trademark The term of a trademark is ten (10) years from filing date It can be renewed further after every ten(10) years
  • 65. Well known Trademarks Coca Cola for soft drink Toblerone Triangular shaped chocolates
  • 67. Logo of some well known brands Logo of Washing Powder of Hindustan Lever Logo of iodized salt of Hindustan Lever Logo of Lipton tea
  • 68. Trademark Dispute ī‚— Swiss multinational Nestle vs ī‚— Kolkata based Kit Kat Food Products
  • 69. Amul wins trademark case ī‚— Amul of Gujarat has won a trademark dispute with a milk producers’ co-operative union in West Bengal, which sought to market a brand of milk named ‘Imul’.
  • 70. ī‚— India's biggest and most profitable carrier IndiGo in a trademark dispute over its name with Tata Motors
  • 72. What is a Design? ī‚— A Design refers to the features of shape, configuration, bpattern, ornamentation or composition of lines or colours applied to any article, whether in two or three dimensional (or both) forms ī‚— This may be applied by any industrial process or means (manual, mechanical or chemical) separately or by a combined process, which in the finished article appeals to and judged solely by the eye.
  • 73. Benefits of Design registration ī‚— The registration of a design confers upan theregistered proprietor the exclusive right to apply a design to the article in the class in which the design has been registered ī‚— He can license or sell his design as legal property for a consideration or royalty. ī‚— He can sue for infringement, if his right is infringed by any person.
  • 74. Essential requirements for registration ī‚— Be new or original ī‚— Not be disclosed to the public any where by publication in tangible from or by use or in any other way prior to the filling date ī‚— Be significantly distinguishable from known designs or combination of known designs. ī‚— Not comprise or contain scandalous or obscene matter. ī‚— Not be a mere mechanical contrivance. ī‚— Be applied to an article and should appeal to the eye. ī‚— Not be contrary to public order or morality.
  • 75. Exclusion from scope of design ī‚— Designs that are primarily literary or artistic ī‚— labels, tokens, cards, cartoons ī‚— buildings and structures. ī‚— parts of articles not manufactured and sold separately. ī‚— variations commonly used in the trade. ī‚— mere workshop alterations of components of an assembly. ī‚— mere change in size of article. ī‚— flags, emblems or signs of any country. ī‚— layout designs of integrated circuits
  • 76. Designs Design refers to the 2- or 3- dimensional drawing delineating features of ī‚— Shape ī‚— Configuration ī‚— Pattern ī‚— Ornamentation ī‚— Compositions of lines or colors Applied to any article in 2-d or 3-d or in both forms, and are judged solely by the eye. Applied to an article for its manufacturer
  • 77. Advantage of Design Registration Appearance and shape of the product is registered as design Trademark is a label attached to the product Appearance i.e. design promotes marketability of product Registered design provides legal cover against copy-cats
  • 78. Criteria of Design Registration Novelty: Novelty is judged solely by eye w.r.t. external appearance of the finished Article Absolute Novelty– i.e. Not publicly known or use in India or elsewhere
  • 79. Term of Design Registration Term of design registration maximum 15 years subject to renewal every five years No question of re-registering the registered design >15 years Classes of goods for design registration- 14
  • 81. TRADEMARK Brand Name Subject Matter of Trademark Auto-Focus Mechanism Subject Matter of Patent PATENT DESIGNS External Appearance of Camera Subject Matter of Design.
  • 82. Geographical Indication A geographical indication is a name or sign used on certain products, which corresponds to a specific geographical location or origin (eg. a town, region, or country). The use of a GI may act as a certification that the product possesses certain qualities, or enjoys a certain reputation, due to its geographical origin.
  • 83. Who Owns the GI ? The whole community, which belongs to that particular region owns the GI - Property of the community, unlike trademark which is a traders property - To exclude unauthorized persons from misusing GI - Quality and reputation owing to a place of origin
  • 84. Why Geographical Indication (GI) need protection? ī‚— Geographical Indication is always beneficial as the owner can prevent others from unauthorized usage or from commercializing of the registered product. ī‚— However the registration of GI is not mandatory in India
  • 85. What does not qualify for GI? ī‚— Things which are determined to be generic names or indications of goods and are, therefore, not or ceased to be protected in their country of origin, or which have fallen into disuse in that country ī‚— Things which comprise or contain any matter likely to hurt the religious susceptibilities of any class or section of the citizens of India ī‚— Things which would otherwise be disentitled to protection in a court ī‚— The use of which would be likely to deceive or cause confusion ī‚— The use of which would be contrary to any law for the time being in force ī‚— Things which comprise or contain scandalous or obscene matter ī‚— Things which although literally true as to the territory, region or locality in which the goods originate, but falsely represent to the persons that the goods originate in another territory, region or locality, as the case may be.
  • 86. List of GI in India 1 Darjeeling Tea (word & logo) Agricultural West Bengal 2 Aranmula Kannadi Handicraft Kerala 3 Pochampally Ikat Handicraft Telangana 4 Salem Fabric Handicraft Tamil Nadu 5 Chanderi Fabric Handicraft Madhya Pradesh 6 Solapuri Chaddar Handicraft Maharashtra 7 Solapur Terry Towel Handicraft Maharashtra 8 Kotpad Handloom fabric Handicraft Orissa 9 Mysore silk Handicraft Karnataka 10 Kota Doria Handicraft Rajasthan 11 Mysore Agarbathi Manufactured Karnataka 12 Kancheepuram Silk Handicraft Tamil Nadu 13 Bhavani Jamakkalam Handicraft Tamil Nadu 14 Kullu Shawl Handicraft Himachal Pradesh
  • 87. List of GI in India 23 Mysore Sandalwood Oil Manufactured Karnataka 24 Mysore Sandal Soap Manufactured Karnataka 30 Madhubani paintings Handicraft Bihar 32 Thanjavur Paintings Handicraft Tamil Nadu 35 Muga Silk Handicraft Assam 41 Palakkadan Matta Rice Agricultural Kerala 85 Dharwad Pedha Foodstuff Karnataka 99 Naga Mircha Agricultural Nagaland 107 Tirupathi Laddu[a] Foodstuff Andhra Pradesh 110 Banaras Brocades and Sarees Handicraft Uttar Pradesh 120 Bikaneri Bhujia Agricultural Rajasthan 131 Hyderabad Haleem Foodstuff Telangana 171 Bhagalpur Silk Handicraft Bihar 183 Lucknow Zardozi Handicraft Uttar Pradesh
  • 88. Term of GI ī‚— Registration of a geographical indication remains valid for a period of 10 years ī‚— Not granted to individuals ī‚— It’s a national property (Association, Authority, Organization) e.g. Tea Board, Coffee Board, Spice Board ī‚— It can be renewed from time to time for further period of 10 years each
  • 95. Need for Intellectual Property Rights ī‚— Providing due recognition to the creators and inventors. ī‚— Intellectual Property Helps Generate Breakthrough Solutions to Global Challenges ī‚— Strong and Enforced Intellectual Property Rights Protect Consumers and Families ī‚— Intellectual Property Rights Encourage Innovation and Reward Entrepreneurs ī‚— Intellectual Property Drives Economic Growth and Competitiveness
  • 96. Organizations involved in IPR in India ī‚— The Ministry of Commerce and Industry, ī‚— Ministry of Human Resource development, ī‚— Ministry of Information and Broadcasting, ī‚— CII – Confederation of Indian Industries, ī‚— FICCI- Federation of Indian Chambers of Commerce and Industries, ī‚— ASSOCHAM- Associated Chambers of Commerce and Industries. ī‚— Department of Science and Technology (TIFAC-Technical Information Forecasting and Assessment Council)
  • 97. Controller General of Patents, Designs, and Trade Marks ī‚— Office of the Controller General of Patents, Designs & Trade Marks (CGPDTM) is located at Mumbai. ī‚— The Head Office of the Patent office is at Kolkata and its Branch offices are located at Chennai, New Delhi and Mumbai. ī‚— The Trade Marks registry is at Mumbai and its Branches are located in Kolkata, Chennai, Ahmedabad and New Delhi. ī‚— The Design Office is located at Kolkata in the Patent Office. ī‚— The Offices of The Patent Information System (PIS) and National Institute of Intellectual Property Management (NIIPM) are at Nagpur.
  • 98. IPR in India 1856 The Act VI of 1856 on protection of inventions based on the British Patent Law of 1852. Certain exclusive privileges granted to inventors of new manufacturers for a period of 14 years. 1859 The Act Modified As ACT XV; patent monopolies called exclusive privileges (making. Selling and using inventions in and authorizing others to do so for 14 years from date of filing specification). 1872 The Patents & Designs Protection Act. 1883 The Protection Of Inventions Act. 1888 Consolidated as the Inventions & Designs Act. 1911 The Indian Patents & Designs Act. 1972 The Patents Act (Act 39 of 1970) came into force on . 1999 On Patents (Amendment) ACT, (1999) came into force from . 2002 The Patents (Amendment) Act 2002 came into force from 2Oth may 2003 2005 The Patents (Amendment) Act 2005 effective from 1st January 2005