Intellectual property right:
Patents, trademarks, geographical indications

Renzil D’cruz
http://RenzilDe.com
http://about...
Intellectual property

Renzil D’cruz
http://RenzilDe.com
http://about.me/renzilde
http://linkedin.com/in/renzilde

• creat...
Intellectual property and TRIPS Agreement
• The TRIPS Agreement
– Economic benefits and costs of TRIPS
– Importance of fle...
Renzil D’cruz
http://RenzilDe.com
http://about.me/renzilde
http://linkedin.com/in/renzilde
Patents
• A patent is a legal monopoly, which is granted for a limited
time by a country to the owner of an invention.
• P...
Case Study :Apple vs. Samsung
• Apple issuing an official complaint on April 15,
2011
• Instead of pursuing independent pr...
Case Study :Pfizer’s Canadian Patent on Viagra
• Supreme Court of Canada, on November 8,
2012, invalidated the Canadian Vi...
Case Study :Basmati Rice Patent Issue
• An analysis of the real issues involved in the controversial
case of the Basmati R...
Trademark
• A Trade Mark is any sign which can distinguish the goods
and services of one trader from those of another. A s...
Case:Madrid System for International
Registration of Marks
• The Madrid System of International Registration
of Trademarks...
Geographical indications
• A place name is sometimes used to identify a product. This
“geographical indication” does not o...
Protecting the GI for Darjeeling Tea
• This case study relates to the geographical
indication (GI) protection of Darjeelin...
THE WTO: THE AGREEMENTS
• Intellectual property: protection and
enforcement
• The Nice Classification & India

• Classific...
Number of IPRs Granted/ Registered in
2010-11
Applications filed by the Indian applicants
Thank You
Business law Presentation : Intellectual property right: Patents, trademarks, geographical indications
Business law Presentation : Intellectual property right: Patents, trademarks, geographical indications
Business law Presentation : Intellectual property right: Patents, trademarks, geographical indications
Business law Presentation : Intellectual property right: Patents, trademarks, geographical indications
Business law Presentation : Intellectual property right: Patents, trademarks, geographical indications
Business law Presentation : Intellectual property right: Patents, trademarks, geographical indications
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Business law Presentation : Intellectual property right: Patents, trademarks, geographical indications

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Business law presentation on Patents, trademarks, geographical indications As a part of Intellectual property right With relevant provision of WTO also this Presentation covers case study on Apple vs Samsung case, Viagra Patent issue,Basamati rice, Darjeeling tea etc.

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Business law Presentation : Intellectual property right: Patents, trademarks, geographical indications

  1. 1. Intellectual property right: Patents, trademarks, geographical indications Renzil D’cruz http://RenzilDe.com http://about.me/renzilde http://linkedin.com/in/renzilde
  2. 2. Intellectual property Renzil D’cruz http://RenzilDe.com http://about.me/renzilde http://linkedin.com/in/renzilde • creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce. – – – – – Patents Trade Marks Copyrights Geographical Indications Industrial Designs • Intellectual Property Rights • copyright and rights related to copyright and • industrial property.
  3. 3. Intellectual property and TRIPS Agreement • The TRIPS Agreement – Economic benefits and costs of TRIPS – Importance of flexibilities • IPRs protection: – Encourage and reward creative work – Technological innovation Intellectual property rights are designed to provide protection – Fair competition – Consumer protection the protection of distinctive signs – Transfer of technology a functioning intellectual property regime – Balance of rights and obligations Renzil D’cruz http://RenzilDe.com http://about.me/renzilde http://linkedin.com/in/renzilde
  4. 4. Renzil D’cruz http://RenzilDe.com http://about.me/renzilde http://linkedin.com/in/renzilde
  5. 5. Patents • A patent is a legal monopoly, which is granted for a limited time by a country to the owner of an invention. • Patent rights are territorial; an Indian patent does not confer any rights outside India. • Patent rights last for 20 years in India • India had already implemented its obligations under Articles 70.8 and 70.9 of TRIP Agreement. Renzil D’cruz http://RenzilDe.com http://about.me/renzilde http://linkedin.com/in/renzilde
  6. 6. Case Study :Apple vs. Samsung • Apple issuing an official complaint on April 15, 2011 • Instead of pursuing independent product development, Samsung has chosen to slavishly copy Apple's innovative technology, distinctive user interfaces, and elegant and distinctive product and packaging design, in violation of Apple's valuable intellectual property rights. • On July 24, Apple released information that outlined the proposed damages of Samsung's alleged patent infringement at $2.5 billion.
  7. 7. Case Study :Pfizer’s Canadian Patent on Viagra • Supreme Court of Canada, on November 8, 2012, invalidated the Canadian Viagra patent owned by Pfizer Canada Inc. • The main issue before the Supreme Court was whether Pfizer’s patent met the disclosure requirement of the Act. • The Supreme Court, while delivering its judgment, clarified that “sufficiency of disclosure lies at the very heart of the patent system,” and the applicant must give the full information that is necessary to work the invention. Renzil D’cruz http://RenzilDe.com http://about.me/renzilde http://linkedin.com/in/renzilde
  8. 8. Case Study :Basmati Rice Patent Issue • An analysis of the real issues involved in the controversial case of the Basmati Rice Patents from various perspectives: commercial, legal and general. Point-to-point explanation of widely held misconceptions arising from limited awareness. • Rice-Tec has patented the name 'BASMATI' for rice at the US Patent Office • Besides, Rice Tec also filed for registration of Trade Marks such as TEXMATI and TEXMATI LITE. These Trade Mark applications were also registered. There is no registration for the word BASMATI as a Trade Mark.
  9. 9. Trademark • A Trade Mark is any sign which can distinguish the goods and services of one trader from those of another. A sign includes words, logos, colours, slogans, three-dimensional shapes and sometimes sounds and gestures. • The registration of a trade mark is for a period of 7 years from the date of the application. renewed for successive periods of 7 years each. • Trade Mark Classification of Goods and Services
  10. 10. Case:Madrid System for International Registration of Marks • The Madrid System of International Registration of Trademarks came into existence in the year 1891. Renzil D’cruz http://RenzilDe.com http://about.me/renzilde http://linkedin.com/in/renzilde
  11. 11. Geographical indications • A place name is sometimes used to identify a product. This “geographical indication” does not only say where the product was made. More importantly, it identifies the product’s special characteristics, which are the result of the product’s origins.
  12. 12. Protecting the GI for Darjeeling Tea • This case study relates to the geographical indication (GI) protection of Darjeeling tea. It tells the story of the unauthorized use and registration of ‘Darjeeling and Darjeeling logo by Japanese companies already registered in Japan by the Tea Board of India. The study also refers to the unauthorized use and attempted registration of the words ‘Darjeeling and Darjeeling logo’ by some other developed countries. Renzil D’cruz http://RenzilDe.com http://about.me/renzilde http://linkedin.com/in/renzilde
  13. 13. THE WTO: THE AGREEMENTS • Intellectual property: protection and enforcement • The Nice Classification & India • Classification systems employed in other countries • Its nature as a classification tool Renzil D’cruz http://RenzilDe.com http://about.me/renzilde http://linkedin.com/in/renzilde
  14. 14. Number of IPRs Granted/ Registered in 2010-11
  15. 15. Applications filed by the Indian applicants
  16. 16. Thank You

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