Different forms of IPR, Validity of IPR forms and Procedure of Registration of different IPR forms. Reference : https://www.icsi.edu/media/website/IntellectualPropertyRightLaws&Practice.pdf

1. INTELLECTUAL PROPERTY
RIGHTS
Patents, Copyrights, Trademarks,
Giographical indicators and Trade
secrets.
Submitted to:
Dr. T. Srinivas ,
Professor, Dept of Genetics
& Plant Breeding,
Agricultural College, Bapatla
Submitted By:
G. Vinay Kumar, 1st Year
Ph.D.
Professor, Dept of Genetics
& Plant Breeding,
Agricultural College, Bapatla

2. Intellectual property
• Intellectual property refers to creations of the mind: inventions;
literary and artistic works; and symbols, names and images used
in commerce which a person or business has legal rights over.
Intellectual property is divided into two categories:
• Industrial Property includes patents for inventions, trademarks,
industrial designs and geographical indications.
• Copyright covers literary works (such as novels, poems and plays),
films, music, artistic works (e.g., drawings, paintings, photographs
and sculptures) and architectural design. Rights related to copyright
include those of performing artists in their performances, producers
of phonograms in their recordings, and broadcasters in their radio
and television programs.

3. Different forms of IPR

4. What is a 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.

5. Types of Patent Applications
1. Ordinary Application, i.e., an Application which has been filed
directly in the Indian Patent Office.
2. Convention Application.
3. PCT Application.
4. Divisional Application, which can result from division of a Patent
Application.
5. Patent of Addition, which may be filed subsequent to the Filing of an
Application for Patent, for an improvement or modification

6. Conditions of patentability are
• Novelty
• Inventive step (non-obviousness) and
• Industrial applicability (utility)

7. NON PATENTABLE SUBJECT
MATTER
1. An invention which is frivolous
2. An invention which could be contrary to public order or morality
or which causes serious prejudice to human, animal or plant life or
health or to the environment;
3. Discovery of any living thing or non-living substances occurring in
nature
4. a substance obtained by a mere admixture resulting only in the
aggregation of the properties of the components thereof or a
process for producing such substance;
5. The mere arrangement or re-arrangement or duplication of
known devices each functioning independently of one another in
a known way;
6. method of agriculture or horticulture;
7. any process for the medicinal, surgical, curative, prophylactic
diagnostic, therapeutic or other treatment of human beings

8. Application for Patent
• (a) By any person claiming to be the true and first
inventor of the invention;
• (b) by any person being the assignee of the
person claiming to be the true and first inventor
in respect of the right to make such an
application;
• (c) by the legal representative of any deceased
person who immediately before his death was
entitled to make such an application.

9. Procedure for Patent registration in
India

10. Term of Patent
• The term of every patent in India is twenty years from the date of filing the patent application,
irrespective of whether it is filed with provisional or complete specification. However, in case of
applications filed under the Patent Cooperative Treaty (PCT), the term of twenty years begins from
the priority date.
Payment of Renewal Fee
• It is important to note that a patentee has to renew the patent every year by paying the renewal
fee, which can be paid every year or in lump sum.
Restoration of Patent
• A request for restoration of patent can be filed within eighteen months from the date of cessation
of patent along with the prescribed fee. After the receipt of the request, the matter is notified in
the official journal for further processing of the request.
Patent of Biological Material
• If the invention uses a biological material which is new, it is essential to deposit the same in
theInternational Depository Authority ("IDA") prior to the filing of the application in India in order
to supplement the description. If such biological materials are already known, in such a case it is
not essential to deposit the same. The IDA in India located at Chandigarh is known as Institute of
Microbial Technology (IMTECH).

11. PATENT AGENTS
• The work relating to drafting of specifications, making of application for a
patent, subsequent correspondence with the Patent office on the objections
raised, representing the applicants case at the hearings, filing opposition and
defending application against opposition is entrusted to a qualified Patent
Agent.
Qualifications for Registration as Patent Agents
• He/she is a citizen of India;
• He/she has completed the age of 21 years;
• He/she has obtained a degree in Science, Engineering or Technology from any
University established under the law for the time being in force in the territory
of India
• has passed the qualifying examination prescribed for the purpose; or
• has, for a total period of not less than ten years, functioned either as an
examiner or discharged the functions of the Controller under section 73,or
both, but ceased to hold any such capacity at the time of making the
application for registration;
• He has paid such fee as may be prescribed.

12. Qualifications for Registration as
Patent Agents
• (a) He/she is a citizen of India;
• (b) He/she has completed the age of 21 years;
• (c) He/she has obtained a degree in Science, Engineering or
Technology from any University established under the law for the
time being in force in the territory of India or possesses such other
equivalent qualifications as the Central Government may specify in
this behalf, and, in addition, -
• (i) has passed the qualifying examination prescribed for the
purpose; or
• (ii) has, for a total period of not less than ten years, functioned
either as an examiner or discharged the functions of the Controller
under section 73,or both, but ceased to hold any such capacity at
the time of making the application for registration;
• (d) He has paid such fee as may be prescribed.

13. COMPULSORY LICENCES
According to Section 84 any person interested can make
an application for grant of compulsory license for a
patent after three years from the date of grant of that
patent on any of the following grounds –
• Reasonable requirements of the public with respect to
the patented invention have not been satisfied, or
• Patented invention is not available to the public at a
reasonably affordable price, or
• The patented invention is not worked in the territory of
India.

14. India’s first case of granting
compulsory license
• India’s first case of granting compulsory license was granted by the Patent office in
2012 to an Indian Company called Natco Pharma for the generic production of
Bayer Corporation’s Nexavar.
• All the 3 conditions of Sec 84 was fulfilled that the reasonable requirements of the
public were not fulfilled, and that it was not available at an affordable price and
that the patented invention was not worked around in India.
• This medicine is used for treating Liver and Kidney Cancer, and one month’s worth
of dosage costs around Rs 2.8 Lakh. Natco Pharma offered to sell it around for Rs.
9000 making this potentially lifesaving drug easily accessible to all parts of the
society and not just the rich people.
• However, Natco Pharma is paying the royalties to Bayer at a rate of 6% of all sales
on a quarterly basis in accordance with the guidelines set by the United Nations
Development Programme (UNDP).

15. INTELLECTUAL PROPERTY APPELLATE
BOARD
• Pursuant to the amendments introduced to the Patents Act, 1970 in 2002, a
specialized forum called Intellectual Property Appellate Board ("IPAB") has been
constituted by the Central Government on September 15, 2003 to hear and
adjudicate appeals against the decisions of the Registrar under the Trade Marks
Act, 1999 and the Geographical Indications of Goods (Registration and Protection)
Act, 1999.
• In India only High Courts have the power to deal with both infringement and
invalidity of patents simultaneously. Now the IPAB has since April 2, 2007 been
extended to Patent law and is now authorized to hear and adjudicate upon
appeals from most of the decisions, orders or directions made by the Controller of
Patents. Also vide a notification, all pending appeals from the Indian High Courts
under the Patents Act were transferred to the IPAB from April 2, 2007.
• The IPAB has its headquarters at Chennai and has sittings at Chennai, Mumbai,
Delhi, Kolkata and Ahmedabad.

16. Geographical Indications
• Geographical Indication (GI) means
an indication of goods as
originating, produced, processed or
prepared in a specific geographical
area or territory of a country,
where a given quality, reputation or
other characteristics of such goods
are essentially attributable to its
geographical origin.

17. Importance of GI
The GI is important because it;
• provides a particular indication (mark and/or logo) to be used by the
people(s) of that area who are involved in producing a unique product
having unique properties and/or advantages;
• helps a purchaser or user of the goods to identify the goods manufactured
and/or produced in a particular geography;
•
• helps the manufactures and/or producers of that area to establish
goodwill in the market with regard to their goods and/or product;
• owner of the GI can stop use and adoption of the same GI, and/or
deceptively similar GI to the registered GI, by any person(s) not authorized
by the owner even of the same area for which the GI has been registered.

18. Who can apply for the registration
of a GI?
• An association of producers or an organization or authority
established by or under any law, representing interests of the
producers of the concerned goods and desirous to register a GI in
relation to such goods, can apply for the registration of a GI.
• Jurisdiction: The Geographical Indication Registry is situated at
Geographical Indications Registry, Intellectual Property Office
Building, G.S.T. Road, Guindy, Chennai – 600032 having all-India
Jurisdiction.
• Application or any other document may be filed directly in the GI
Registry, Chennai, or may be sent by post or registered post or
speed post or courier services.

19. particulars needed to file a GI
application
• A statement as to how the geographical indication serves to designate the goods as
originating from the concerned territory of the country or region;
• The class of goods;
• geographical map of the territory or locality in which goods are produced;
• The particulars of appearance of the geographical indication;
• Particulars of producers;
• An affidavit of how the applicant claims to represent the interest in the GI;
• The standards benchmark for the use or other characteristics of the GI;
• The particulars of special characteristics;
• Textual description of the proposed boundary;
• The growth attributes in relation to the GI pertinent to the application;
• Three certified copies of the map of the territory, region or locality ;
• Particulars of special human skill involved , if any;
• Full name and address of the association of persons or organization;
• Number of producers; and
• Particulars of inspection structures, if any, to regulate the use of the GI. [Rule 32].

21. What is the life (term) of a GI?
• The GI is registered for a period of 10 years,
initially and can be renewed from time to
time. Thus, a GI can be kept in force so long as
it is renewed in a timely manner every after
10 year’s interval.

22. TRADE MARKS
• A trade mark (popularly known as brand name in layman’s
language) is a visual symbol which may be a word to indicate the
source of the goods, a signature, name, device, label, numerals, or
combination of colours used, or services, or other articles of
commerce to distinguish it from other similar goods or services
originating from another.
• A trade mark is a word, phrase, symbol or design, or combination of
words, phrases, symbols or designs used in the course of trade
which identifies and distinguishes the source of the goods or
services of one enterprise from those of others.

23. Types of Trademarks
• Under the Trade Marks Act, 1999 the different types of trademarks
that can be registered are:-
• Product Trademarks: They are trademarks attached to identify the
business’s products.
• Service Trademarks: They are used to identify the services of the
entity. For instance, the trademark for network and broadcasting
service. They help advertise the service provided.
• Collective Trademarks: These trademarks are registered in the
name of groups or organizations. They help people associate
members with the group during commercial activities.
• Certification Trademarks: They are certifying trademarks which
help people judge the quality, material used, origin and other
specific features of goods and services.

25. COPYRIGHT
• Copyright is a right given
by the law to creators of
literary, dramatic,
musical and artistic
works and producers of
cinematograph films and
sound recordings

26. AUTHORSHIP AND OWNERSHIP
• In the case of a literary or dramatic work the author, i.e., the person
who creates the work.
• In the case of a musical work, the composer.
• In the case of a cinematograph film, the producer.
• In the case of a sound recording, the producer.
• In the case of a photograph, the photographer.
• In the case of any literary, dramatic, musical or artistic work which is
computer-generated, the person who causes the work to be
created

28. Term of Copyright
• Literary, dramatic, musical or artistic works enjoy copyright protection for the life
time of the author plus 60 years beyond i.e. 60 years after his death.
• In the case of copyright in posthumous, anonymous and pseudonymous works,
photographs, cinematograph films, sound recordings, works of Government, public
undertaking and international organisations, the term of protection is 60 years
from the beginning of the calendar year next following the year in which the
work has been first published.
• The Copyright (Amendment) Act, 1994 has given special right to every
broadcasting organisation known as broadcast reproduction right in respect of its
broadcasts. This right is to be enjoyed by every broadcasting organisation for a
period of twenty-five years from the beginning of the calendar year next following
the year in which the broadcast is made. In terms of Copyright (Amendment) Act,
1999 if any performer appears or engages in any performance, he has a special right
in relation to such performance called performers right to be enjoyed for a period
of fifty years.

29. TRADE SECRET
• A trade secret is any kind of
information that is secret or
not generally known in the
relevant industry giving the
owner an advantage over
competitors
• Trade secrets are by
definition not disclosed to the
world at large. So long as
trade secret remains a secret,
it is valuable for the company

30. • Trade secrets are not protected by law in the same manner as trademarks or patents. Probably one
of the most significant differences is that a trade secret is protected without disclosure of the
secret. A trade secret might be a patentable idea but not always. Unlike patent, a trade secret does
not have to pass the test of novelty; nevertheless the idea should be somewhat new, unfamiliar to
many people including many in the same trade.
• Examples of trade secrets include formulas, patterns, methods, programs, techniques, processes or
compilations of information that provide one’s business with a competitive advantage
• Trade secrets are not registered like other forms of intellectual property and are not creatures of
statutes. Instead, the judicial system of each country determines the requirements for obtaining
trade secrets protection. In India, trade secrets are not covered under any law.
• If a trade secret is well protected, there is no term of protection. Trade secret protection can, in
principle, extend indefinitely and in this respect offers an advantage over patent protection, which
lasts only for a specified period. It is equally possible that a company may decide not to patent as
for instance formula for Coca-Cola which is considered to be one of the best well protected trade
secrets.

32. THANK YOU