IPR-"Intellectual Propert Rights" Basics for B. Pharm GTU Students
Outline: Introduction Steps of filling patents Introduction of GATT Introduction to TRIPS
Introduction: What is the meaning of IP? IP-INTELLECTUAL PROPERTY- is a term referring to a number of distinct types of creations of mind for which a set of exclusive rights are recognized in the corresponding fields of law.
What is the meaning of IPR? Intellectual Property Rights are the rights given to persons over the creations of their minds. They usually give the creator an exclusive right over the use of his/her creation for a certain period of time.
IPR INDUSTRIAL PROPERTY + COPY RIGHTPATENTS DESIGNS TRADEMARKS Geographical Indications Patents Patent Information & Designs Trade Marks Copy Right Geographical Indications
The Patents Act, 1970 •Product Patent •Patent Term of 20 years •Public Health SafeguardsThe Trade Marks Act, 1999 •Service Marks and Collective Marks •Term increased from 7 years to 10 years
The Designs Act, 2000 The Copyrights Act, 1957 The Bio-Diversity Act, 2001 The Layouts and Integrated Circuits Act
MINISTRY OF COMMERCE MINISTRY OF HUMAN RESOURSE AND INDUSTRY DEVELOPMENT DEPT. OF INDUSTRIAL POLICY DEPT. OF EDUCATION & PROMOTION COPYRIGHT OFFICE CONTROLLER GENERAL OFPATENTS, DESIGNS & TRADE MARKSPATENT TRADE MARKS REGISTAR OFOFFICE REGISTRY COPYRIGHT Sr.JOINT GIR CONTROLLER JOINT OF PATENTS REGISTAR OF AND DESIGNS TRADEMARKS
• Criteria for Patentability – New & useful – Non-obvious – Capable of Industrial Applications• Patents Act specifies – What are not inventions? – What are not patentable inventions?• How to get that monopoly right?
Opposition proceedings Licensing provisions Infringements suit provisions
It encourages RESEARCH. Induces an inventor to disclose his inventions instead of keeping them as secret. Provides inducement for capital investment encouraging technological development. It encourages establishment of new industries.
• KNOWLEDGE OF INVENTION ADDS TO BASE FOR FURTHER RESEACH• REASONABLE ASSURANCE FOR COMMERCIALIZATION• PATENT- OPEN TO PUBLIC FOR USE – AFTER ITS TERM EXPIRES
Patent Grant Procedure Filing of PATENT APPLICATION EXAMINATION & NOVELTY SEARCH ACCEPTANCE OR REFUSAL NOTIFICATION OF “ACCEPTANCE” OPPOSITION (if any) GRANT OF A PATENT
Patent Grant Procedure Filing of patent applicationEarly Publication Publication after 18 months Pre Grant Opposition / Representation by any person. Request for examination Examination: Grant or Refusal Publication of Grant of patent Post Grant Opposition to grant of patent (Constitution of Opposition Board) Decision By Controller
Introduction: What is the meaning of GATT? GATT means “General Agreement on Tariffs and Trade” GATT is an international agreement on trade Formalities between different countries regarding trading & distribution of different commodities in between different countries.
The main purpose of GATT is to provide guidelines on various aspects related to international trading of various commodities. Example: The state policies regarding import-export Protection of interests of the manufacturers and exporters through the IPR.
1. Trade barriers should be lowered in general and quotas should be eliminated2. There should not be discrimination among trading partners3. National treatment – imported goods treated same as domestic goods4. Tariff concessions, once made, cannot be rescinded without compensating trade partners, and new barriers cannot be erected in place of lowered tariffs5. Trade disputes to be settled by consultation
Introduction: What is the meaning of TRIPS? TRIPS means “Trade Related Aspects of Intellectual Property Rights(TRIPS) Agreement”
World Trade Organization (WTO): • WTO is the successor to the General Agreement on Tariffs and Trade (GATT) established in the wake of the WWII • First took effect in January 1995.
• Growth in world trading.• Increased importance of global IP protection.• Existing provisions of international law were perceived insufficient. 1. Absence of enforcement of rights before national judicial authorities. 2. Lack of a dispute settlement mechanism between States. 3. Standards were outdated.
The most detailed andcomprehensivemultilateralagreement onintellectual propertyyet negotiated.
• TRIPS introduced intellectual property rules into the multilateral trading system for the first time.• Membership in WTO requires a country to agree to adopt the minimum standards for intellectual property regulation.• IP laws are established and enforced by each individual Member Country.
• How basic principles of the trading system and other international intellectual property agreements should be applied.• How to give adequate IP protection.• How to enforce IP rights.• How to settle disputes on IP between members of the WTO.• Special transitional arrangement.
Broadly through following two premises: (I) Widespread piracy, counterfeiting and infringements of intellectual property rights constituted a barrier to trade (II) IPRs transfer agreements
To reduce distortions and impediments to international trade and take into account the need to promote competent as well as adequate protection of IPRs To ensure that measures and procedures to enforce IPRs do not themselves become barriers to legitimate trade To reduce tensions by reaching strengthened commitment to resolve disputes on trade-related IP issues through multilateral procedures
To establish a mutually supportive relationship between the World Trade Organisation (WTO) and World Intellectual Property Organisation (WIPO)
The intellectual property areas covered by the TRIPs Agreement are: • Copyright and related rights • Trademarks • Industrial designs • Patents • Layout-designs (topographies) of integrated circuits • Undisclosed information, including trade secrets • Enforcement
Standards: The agreement expresses minimum standards of protection (I) The subject matter to be protected (II) The rights to be conferred and permissible exceptions (III) The minimum period of protection Enforcement (I) Provisions for domestic procedure and remedies for the enforcement of the IPRs (II) Includes general principle applicable to IPR enforcement procedure apart from administrative, civil and criminal procedure available for enforcement of rights of the right holder Dispute settlement: The agreement further provides for the settlement of disputes over IPR among the member states within the parameters of dispute settlement procedure