INTRODUCTION TOINTELLECTUAL PROPERTYRIGHTS Presented by GANDHI SONAM MUKESHCHANDRA Dept. of Industrial pharmacy
CONCEPT OF PROPERTY Natural object becomes a resource when it satisfies a human want. A resource possessed and owned becomes a property. A bundle of legal rights linked to ownership and possession of an item .
INTELLECTUAL PROPERTY It is the “property created by application of human mind’’. Intellectual property (IP) is a term referring to a number of distinct types of creations of the mind for which property rights are recognized in the corresponding fields of law. Articles of textiles, cosmetics, pharmaceuticals, machiner y, books, etc., are all Ip protected.
NATURE OF IPR’S Essentially negative rights to stop others from copying or counterfeitinga) In patents,being first with an invention pre- empts any right of another making same invention independently.b) In copyrights ,the right is diluted as right is over the form of expression and not over idea.o IPR’s being statutory rights are legally enforceable.o They are territorial in nature.
7 MAIN INTELLECTUAL PROPERTY (IP)INSTRUMENTS Patents Trademarks, Trade Names & Service marks Geographical Indications Industrial Designs Layout- designs of Integrated Circuits Trade Secrets Copyrights and related rights First six are Industrial property rights.
PATENTS PATENT : WHAT IS IT ? It is a limited right granted by the state to an inventor in respect of an invention to exclude any other person from practicing the invention i.e., manufacturing , using or selling the patented product or from using the patented process, without due permission.
WHAT CAN BE PATENTED Inventions in all fields of technology ,whether products or processes , if they meet the criteria of Being patentable subject matter; Novelity; Non – obviousness (inventive step ) Industrial application ( utility )
CONDITIONS OF PATENTABILITY Novelity : Invention not known to public prior to claim by inventor. Inventive step : Invention would not be obvious to a person with ordinary skill in the art. Industrial application : Invention can be made or used in any useful, practical activity as distinct from purely intellectual or aesthetic one.
SOME EXCLUSIONS FROMPATENTABILITY Naturally occuring substances / elements; Diagnostic , therapeutic and surgical methods of treatment of humans or animals; Plants and animals other than micro organisms; Essentially biological processes for production of plants or animals; Inventions whose use is contrary to public order or morality. Ideas , methods for business, playing games ,performing mental acts.
ELEMENTS OF PATENT APPLICATION • Title of invention • Techinical field to which invention belongs • Background of invention • Object of invention • Detailed descriptions • Any claims
PROCESSING PROCEDURE OF ANAPPLICATION Complete specification submitted within 12-15 months of filling the provisional specification. Complete specification taken up for examination by the controller who refers it to the examiner. The examiner submits report within 18 months on receiving the complete specification from the controller. The controller conveys the list of objections to the applicant on receiving the report from the examiner.
Applicant must reply to objections and put application in order within 15 months of communication. Three months extension possible on application. Applicant change application to satisfy the controller. Applicant is also given an opportunity to be heard,applicant is given atleast 10 days notice after fixing the date of hearing. Applicant notifies controller whether he will attend hearing.
Applicant allowed extension of time for hearing. After controller is satisfied that all objections are satisfactorily cleared by the applicant, the specification is accepted and published in the gazette of India.
PERIOD OF PATENT As per Indian patent’s act 1970, the patent period was 7 years from the date of filling complete specification or 5 years from the date of sealing,which ever is shorter in case of food ,drug and medicine. As per patent amendment ordinance 1994,the patent period is 20 years.
TRADE MARKS ,SERVICEMARK,AND TRADE NAME Distinctive symbols, signs,logos that help consumer to distinguish between competing goods or services. A trade name is the name of an enterprise which individualizes the enterprise in consumer’s mind. Legally not linked to quality In fact, linked in consumer’s mind to quality expectation.
DURATION OF TRADE MARK Period of 20 years and its renewal as long as the trade mark continues to be used by it’s owner.
TYPES OF MARKS COLLECTIVE MARK : Proprietor is an association of persons, which is legally not a patnership. CERTIFICATION MARK : Does not indicate origin of goods but certifies the goods as conforming to certain characteristics (quality, ingredients, geographical origin etc.,) e.g. ISI ,HALLMARK etc.
FORMS OF TRADE MARKS VISUAL : Words, letters, devices including drawings and symbols or 2-d representations of object or a combination of two or more of these, colour combination,3- D sign as shape of goods or packaging . AUDIO : Sounds, Musical notes. OLFACTORY : smells.
WHAT IS PROTECTED ANDWHAT’S NOT ? RIGHT TO USE TRADE MARK in relation to goods /services as registered are protected ( if tm consists of several parts , protection is for tm as a whole ) State Emblems , Official Hallmarks , Emblems of Intergovernmental Organizations cannot be used as trade mark
GEOGRAPHICALINDICATIONS Many goods possess their peculiar properties due to their geographical origin . Geographical indications is the best method to indicate the geographical origin of goods and services. Many agricultural products ( tea, rice ) ; dairy products (cheese) , wines and spirits owe their special quality and reputation to their geographical place of growth or processing.
PROTECTION OF GEOGRAPHICALINDICATIONS Geographical indications is not owned by a single owner . Any producer in the region can use GI on the product provided it is prepared by the norms set out for the use of that GI. GI is registered in the national register and is similar to the certification mark identifying the origin of the good. Government can register GI in the international register maintained by WIPO for world wide protection. It is offence to use false GI on goods.
INDUSTRIAL DESIGNS WHAT ARE INDUSTRIAL DESIGNS ? The ornamental or aesthetic aspect of an article that enhances visual appeal and differentiates product. E.g. 3-D features of shape or surface as of a perfume bottle , 2-D patterns of lines , shapes and colours as on a bed sheet .
CRITERIAS FOR PROTECTIONAS INDUSTRIAL DESIGN New and original Capable of mass production or application on an article of utility Not contrary to public order or morality The shape should not be determined merely by the functionality of the good.
INTEGRATED CIRCUITSLAYOUT DESIGNSWHAT IS LAYOUT DESIGN ? Layoutof transistors and other circuit elements, including lead wires connecting such elements and expressed in any manner in a semi conductor integrated circuit (IC).
WHY TO PROTECT Integrated Circuits Layouts are creations of human mind. There is lot of investment of time and money in the creation but copying is very cheap. Fertile area with new circuit designs made every day to cater for miniaturization and novel applications.
WHY SPECIAL PROTECTION ? There may not be novelty so cannot be patented Copyright protection does not return the investments since commercial life of a design is limited. PROTECTION IS AGAINST Act of reproducing a layout design fully or in parts Importing , selling or disturbing commercially a protected layout design or IC incorporating it .
TRADE SECRETS Some inventions , data , information cannot be protected by any of the available means of IPRs. Such information is held confidential as a trade secret. Trade secret can be an invention ,idea, survey method, manufacturing process ,experiment results, chemical formula, recipe, financial strategy ,client database etc. The best kept secret till date.
WHEN TRADE SECRETS AREPREFERRED ? When invention is not a patentable . Patent protection is limited to 20 years, when secret can be kept beyond that period. When cost of patent protection are prohibitive. When it is difficult to reverse engineer.
HOW TO GUARD TRADESECRET ? Restricting number of people having access to secret information Signing confidentiality agreements with business partners and employees. Using protective techniques like digital data security tools and restricting entry into area where trade secret is worked or held. National legislations provide protection in form of injunction and damages if secret information is illegally acquired or used.
COPYRIGHTS COPYRIGHTS RIGHTSCOVERED UNDER COPYRIGHTS DURATION OF PROTECTION
COPYRIGHT Copyright protects literary and artistic works E.g. Books, lectures, dramatic and musical works , choreography , cinematography , drawings, paintings, architecture, photographs, illustrations mpas, etc., RIGHTS COVERED UNDER COPYRIGHT MORAL RIGHTS : Author’s right of paternity. Non–alienable.
ECONOMIC RIGHTS : Rights to exploit the work, e.g.Rights of translation, rights of performance, rights of reproduction etc. These rights can be transferred, assigned, licensed for economic benefits. WHO ARE AUTHORS ?• Writer/writers of the book;• Painter;• Music composer;• Translator;• Cinematographer;• Photographer etc.
DURATION OF PROTECTION For books and other works of arts it is 50 to 70 years after the death of the author (the law of different countries vary ); For photographic work 25 years from making the work; For cinematic works 50 years after making the work available to public.
EMERGING ISSUES IN IPR Traditional knowledge and expression of culture (Folklore) Biodiversity and Genetic resources Electronic Commerce Internet Domain Names Protection of databases, software.