This document discusses different types of intellectual property rights (IPR). It defines intellectual property as creations of the human intellect that include intangible creations such as books, music, inventions and artistic works. The three main types of IPR discussed are patents, which protect inventions; trademarks, which protect distinctive signs used to identify goods and services; and copyrights, which protect original creative works. The document also outlines other types of IPR including geographical indications, industrial designs, trade secrets and neighboring rights. It provides examples of patented inventions, trademarks and copyrighted works to illustrate these different types of IPR.
2. Property : - A thing or things belonging to someone.
Property
Movable
e.g. car,
furniture…
Immovable
e.g. building ,
land…
Intellectual
e.g. invention,
book..
There are three types of property :-
Figure 1 types of property
3. Intellectual property
• Intellectual property is a category of property that includes intangible
creations of the human intellect.
• Intellectual property refers to creations of the mind.
• Which includes books , music , inventions , artistic work , designs , symbols and etc..
5. Intellectual Property Rights
• Intellectual property rights are like any other property right.
• They allow creators or owners, of patents, trademarks or copyrighted works
to benefit from their own work or investment in a creation.
• It is given for any new creation such as composition of music, writing of a
book, new invention.
6. Types of IPR
• Patent for inventions
• Trademarks
• Copyrights
• Neighboring rights
• Industrial designs
• Geographical indications
• Trade secrets
• Trade dress
8. Patent
• A patent is an exclusive right granted for an invention – a product or process
that provides a new way of doing something, or that offers a new technical
solution to a problem.
• A patent provides patent owners with protection for their inventions.
Protection is granted for a limited period, generally 20 years.
• Examples :- Lightbulb , telephone , computer , Bluetooth , methods of
transformation using a gene , vectors , PCR , Drug compounds ,Drug
formulation and so many things are patented
Figure 5 Symbol of patent
9. Figure 6 six player variant of chess Figure 7 Desyrel / Trazodone
11. Trademark
• A trademark is a distinctive sign that identifies certain goods or services
produced or provided by an individual or a company.
• Trademark protection ensures that the owners of marks have the exclusive
right to use them to identify goods or services, or to authorize others to use
them in return for payment.
• The period of protection varies, but a trademark can be renewed
indefinitely upon payment of the corresponding fees.
• There are different types of trademark like name , symbol, lyrics,
Catchphrases.
12. Essential features of a trademark
• It must be a mark, brand, heading,
name, label, signature or numerical
shape of goods, packaging, or
combination of these.
• It must be capable of being
represented graphically.
• It must be capable of distinguishing
the goods or services of one person
from those of others.
• The use must be of a printed or other
visual representation of the mark.
Figure 9 coca cola symbol
Figure 10 MacDonald symbol
16. Copyright
• A copyright gives the creator of an original work exclusive rights to it,
usually for a limited time.
• Copyright may apply to a wide range of creative, intellectual or work.
• Copyright does not cover ideas and information themselves, only the forms
or manner in which they are expressed.
Figure 20 copyright symbol
19. Figure 25 Sharing your own pictures of the iconic structure at night-time is a violation of the artist’s copyright
20. Royalty income
• Royalty income is income received from allowing someone to use your
property.
• Royalty payments for the use of patents, copyrighted works, natural
resources, or franchises are most common.
• Many times, the person using the property does so to generate revenue.
• Royalties are usually legally binding.
• Royalty income is a payment received for the use and exploitation of artistic
or literary works, patents and mineral rights. Royalty income is generally of
two types; royalties for the use of copyrights, trademarks, and patents, and
royalties from the extraction of oil, gas, or minerals
21. Access and Benefit Sharing
• Access and benefit-sharing (ABS) refers to the way in which genetic
resources may be accessed, and how the benefits that result from their use
are shared between the people or countries using the resources (users) and
the people or countries that provide them (providers).
22.
23. TRIPS
• Trade-Related Aspects of Intellectual Property Rights (TRIPS)
• TheTRIPs Agreement came into effect on 1 January 1995.
• It provides standards for the full range of intellectual property rights and
also the enforcement of those standards both internally and through legal
and administrative actions.
• The general timetable for implementing theTRIPs agreement is 1 year for
industrialized countries; 5 years for developing countries and countries
shifting from centrally planned economics; 10 years for least developed
countries.
24. • Neighbouring rights
• Neighbouring rights, is a copyright, were created for three categories of people
who are not technically authors: performing artists, producers, and those
involved in radio and television broadcasting.
• Industrial designs
• The industrial design is an intellectual property right that protects the design or
shape, color pattern, no. of lines, 2d or 3d design of object.
• Geographical indications
• Geographical indications and appellations of origin are signs used on goods
that have a specific geographical origin and possess qualities, a reputation or
characteristics that are essentially attributable to that place of origin.
Figure 26 GI symbol
25. Examples of GI :-
Figure 27 GI of India
Figure 28 GI of India
26. • Trade dress
• 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.
• Trade secrets
• A trade secret is a formula, practice, process, design, instrument or pattern
which is not generally known by which a business can obtain an economic
advantage over competitors or customers.
• E.g. formula of coca cola , New inventions, ingredient inWD-40
Figure 29 trade secrets symbol
Extra e.g - Formulation/composition patent ,synergistic combination patent , Technology patent , Polymorph patent ,Biotechnology patent ,Process patent Types of Pharmaceutical Patents in India
Microorganism
Chess - Hridayeshwar Singh Bhati is an Indian student who invented a six-player variant of chess at the age of 9 with assistance from his father. He earned a patent for his invention in 2012, making him the youngest patent-holder in India at that time.
Medicine - This drug is useful for depression treatment, The design of this drug is flexible enough to break this drug into 3 same parts.
“Used on” the goods means that it may appear not only on the goods themselves but on the container or wrapper in which the goods are when they are sold.
o While royalty contracts can be established in various ways to meet the needs of the parties, the payments are often paid as a percentage of the revenues earned from using the property. Inventors often sell their inventions to third parties in exchange for future royalties the invention may generate. Celebrities sometimes charge royalties to companies to use their name in fashion designs. Oil and gas companies pay landowners royalties to extract natural resources from the landowners’ properties.
o The license agreement specifies the length of the contract, clarifies what product is being provided in exchange for the royalty, and outlines any limitations regarding geographic territory.
o The royalty rate specifies how much the borrower is being charged. Multiple factors impact the royalty rate, including the exclusivity of rights, the availability of alternatives, and the market demand.
o Royalty-income trusts hold investments in operating companies. These trusts buy the rights to royalties for the production and sale of natural resources. The income is passed on to investors. Compared with stocks and bonds, royalty trusts offer higher yields.
Example
Software giant Microsoft earns royalties from computer manufacturers, such as Hewlett-Packard and Dell, as well as smartphone manufacturers like Samsung. These manufacturers use Microsoft’s software products, including the Windows operating system. In 2013 alone, Samsung paid Microsoft over $1 billion in royalty payments.
A Texas oil company wants to sell some of its oil wells. It sells the wells to a royalty-income trust company. The royalty-income trust company pays the oil company a fee to continue to operate the wells but earns the profits from the oil.
Generic material - All living organisms; plants, animals and microbes, carry genetic material that could be potentially useful to humans.
Why is it important?
Providers of genetic resources are governments or civil society bodies, which can include private land owners and communities within a country, who are entitled to provide access to genetic resources and share the benefits resulting from their use. The access and benefit-sharing provisions of the Convention on Biological Diversity (CBD) are designed to ensure that the physical access to genetic resources is facilitated and that the benefits obtained from their use are shared equitably with the providers. In some cases this also includes valuable traditional knowledge associated with genetic resources that comes from ILCs. The benefits to be shared can be monetary, such as sharing royalties when the resources are used to create a commercial product, or non-monetary, such as the development of research skills and knowledge. It is vital that both users and providers understand and respect institutional frameworks such as those outlined by the CBD and in the Bonn Guidelines. These help governments to establish their own national frameworks which ensure that access and benefit-sharing happens in a fair and equitable way.
How does it work?
Access and benefit-sharing is based on prior informed consent (PIC) being granted by a provider to a user and negotiations between both parties to develop mutually agreed terms (MAT) to ensure the fair and equitable sharing of genetic resources and associated benefits.
Prior informed consent (PIC): is the permission given by the competent national authority of a provider country to a user prior to accessing genetic resources, in line with an appropriate national legal and institutional framework.
• Mutually agreed terms (MAT): is an agreement reached between the providers of genetic resources and users on the conditions of access and use of the resources, and the benefits to be shared between both parties.
https://www.cbd.int/abs/infokit/brochure-en.pdf
Trade-Related Aspects of Intellectual Property Rights (TRIPS) is expected to have the greatest impact on the pharmaceutical sector and access to medicines. The TRIPS Agreement has been in force since 1995 and is to date the most comprehensive multilateral agreement on intellectual property. The TRIPS Agreement introduced global minimum standards for protecting and enforcing nearly all forms of intellectual property rights (IPR), including those for patents. International conventions prior to TRIPS did not specify minimum standards for patents. At the time that negotiations began, over 40 countries in the world did not grant patent protection for pharmaceutical products. The TRIPS Agreement now requires all WTO members, with few exceptions, to adapt their laws to the minimum standards of IPR protection. In addition, the TRIPS Agreement also introduced detailed obligations for the enforcement of intellectual property rights.
However, TRIPS also contains provisions that allow a degree of flexibility and sufficient room for countries to accommodate their own patent and intellectual property systems and developmental needs. This means countries have a certain amount of freedom in modifying their regulations and, various options exist for them in formulating their national legislation to ensure a proper balance between the goal of providing incentives for future inventions of new drugs and the goal of affordable access to existing medicines.
The agreement covers 5 broad issues:
Application of basic principles of the trading system and other international intellectual property agreements.
Methods used for the adequate protection of intellectual property rights.
Enforcement of those rights sufficiently and adequately in their own territories.
Settling of disputes on intellectual property rights between members of the WTO.
Special transitional arrangements during the period when the new system is being introduced.
The TRIPs Agreement has 3 basic features:
Standards- The agreement sets out the minimum standards of protection that has to be provided by each member country. The main TRIPs standards, relating to pharmaceuticals, that countries must include in their patent law are:
Availability of patents for both pharmaceutical products and processes inventions that are new, involve an inventive step and are capable of industrial application.
Protection of the product directly obtained using a patented process.
Availability of procedures at national level to enable patent owners to protect their rights against infringement.
Enforcement: It deals with the internal methods or procedures for the enforcement of IPR.
Dispute settlement: The agreement makes disputes between WTO members in respect of TRIPs obligations subject to the WTO’s dispute settlement procedures.
The basic principles of TRIPs are:
It makes it compulsory for the member countries to provide patents for products and processes in all fields of technology, subject to the tests of novelty, inventiveness and industrial use.
It mandates patenting of ‘micro-organisms’, microbiological and non-biological processes.
The members are allowed to make only limited exclusions from patentability.
It also gives option to the states for protecting new plant varieties through patents or through the effective sui generis system.
It ensures that the protection and enforcement of intellectual property rights should contribute to the promotion of technological innovation for the mutual advantage of producers and users of technological knowledge and in a manner conducive to social and economic welfare.