2. ipr ii

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IPR: ID-GI-Trade
Secret
Dr. Arti R. Thakkar
This presentation was made to solely for students to make them aware/ understand basics of “IPR”.
These slides are part of lectures delivered in M. Pharmacy Curriculum & taken up from various books
and websites

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Presentation by: Dr. Arti R. Thakkar
Associate Professor, SPES
Industrial Designs

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Industrial design
 What is Protected:“ The Appearance of a Product” under Industrial
Design.
 It is the aesthetic feature of a Product; not the technical aspect
(Patents) nor its name (Trademarks)
 Just as trademarks distinguish your product or service, industrial
designs differentiate your products from those of the competition.
 It contributes to your branding strategy and so need protection.
 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. (Product Design)
• Any utensils, jewelry, car, cosmetic products shapes, electronic goods
 The design must have following requirements when registered,
• It must be NEW / ORIGINAL
• It must not be dictated by technical function
• It must not contain official symbols or emblems
• It must not be contrary to public order or morality

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Industrial design
 If the article is not mass produced or the design can not be
applied on a useful article, the design would be an aesthetic
work, protectable under copyright.
 Some engineering designs may be sufficiently innovative,
protectable as a patent.
• Protecting ID through Registration
• The Applicant: application form, contact details, drawings or
photographs of design, written description or statement of
novelty, fee.
• The IP Office:
formal examination substantive examination
design register/design gazette
design registration certificate valid at least 10 years
• The right to prevent unauthorized copying or imitation by third
parties
• Exclude all others making, offering, importing, exporting or
selling product with the design

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Hague agreement & design act
• Hague agreement is international legislation for industrial
design. participation of a state to the Hague system may be
achieved through an accession:
– to the 1934 Act, and/or
– to the 1960 Act, and/or
– to the 1999 Act
• The 1999 Act entered into force on December 2003.
• In India the design act came in British Regime & it was as
Patents & Design act 1872
• In 1911, Indian Patent and Design act was enacted. When
separate patent act came in legislation in 1970, the Design act
1911 was continued and revised in year 2000.
• The registration period is valid for 5 to 10 years (Indian Law) It
can renew for more 5 years.

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Scope of Rights: imitation or new
design?
N
o
Im
itation

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Scope of Rights: illicit imitation
or new design?
N
o
Im
itation

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Scope of Rights: imitation or new
design?
Im
itation

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Geographical indication
• Many goods possess their peculiar properties due to their
geographical origin.
• Geographical name which identifies a product originating from that
place, the quality, reputation or other characteristic of which is
essentially attributable to its geographical origin.
• GI is the best method to indicate the geographical origin of goods and
services.
• Characteristics due to natural and human factors
• product made from particular species/breed; feeding method used;
method of storage; etc.
• skills; specific equipment; etc.
• conditions/length of the maturing process
• Many agricultural products (tea, rice); dairy products (cheese), wines
and spirits (Champagne) owe their special quality and reputation to
their geographical place of growth or processing.
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Paithani weaving
Kanchipuram Silk Saree
Kolhapuri Chappal
 Nagpur Orange
 Agra Petha
 Batik Prints of
Gujarat
 Basamti Rice of
Dehradun
 Kashmiri Apple
 Bikaneri Bhujia

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Protection of GI
• GI is not owned by a single owner
• Any producer in the region can use the 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.
• Govt. can register GI in the international register maintained by
WIPO for world wide protection.
• It is an offence to use false GI on goods.
• It promotes the economic prosperity of producers of goods
produced in a geographical property
• Registration is not compulsory
• The international registration ensures protection for as long as the
appellation is protected, as such, in the country of origin
• No renewal required.
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Protection of GI
• Lisbon agreement (1958) for protection of appellation of origin
• Appellation of origin means geographical name of country,
region, locality which serve to designate a product originating
therein
• Requirements for filing GI
• Protection is the country of origin i.e. country in which the region or
locality is situated
• In India GI is the indication of the goods Act 1999.
• Any person or producers or any organization responsible for
representing interest of the producers of concerned goods.
• Basmati Controversy USA based company Ricetect Inc
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Integrated Circuit
Layout Designs

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Integrated circuit layout design
• Layout of transistors and other circuit elements, including lead wires
connecting such elements and expressed in any manner in a
semiconductor integrated circuit (IC).
• Integrated circuit: a product in its final form or intermediate form at
least one of which is active element
• Layout Design: three dimensional disposition of the element at least
one of which is an active element (Topography)
• IC Layouts are creations of human mind;
• There is lot of investment of time and money in the creation but
copying is very cheap;
• There may not be novelty so cannot be patented;
• Copyright protection does not return the investments since commercial
life of a design is limited.
• Act of reproducing a layout design fully or in parts;
• Importing, selling or distributing commercially a protected layout
design or IC incorporating it.
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Integrated circuit layout design
• The USA has already enacted the semi-conductor chip protection
act way before in 1984. The international treaty on IC included in
TRIPS section 6.
• In India the importance of legal protection to layout designs and
enacted law in the year 2000 (Integrated circuits layout design
act 2000).
• Any person claiming to be a creator of layout design can apply for
the same
• The registration of layout design shall be for the period of ten
years counted from the date of filing of application for
registration or from the date of first commercial exploitation
anywhere in country.
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Undisclosed information & trade secrets
The best kept
secret till date

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• 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, programme,
manufacturing process, experiment results, chemical formula, recipe,
financial strategy, client database, device or process that provides an
advantage over his business competitors who do not know or use it and it
is significant importance to the business of the company holding
information.
• It may include new product plant, product costing, best material to use,
source of material, accounting information, manufacturing record, some
software, structures, structure sequence etc.,
• How to protect trade secrets:
• 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.
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• Trade secret is protected for unlimited period of time, no need to pay
some fees for maintenance
• Some technology or chemical formula are not patentable as per patent
law but can be easily patentable through trade secrets
• It doesn’t require inventive step
• Trade secrets obtained as soon as they are created
• TRIPS Agreement deals with protection of trade secrets in section 7
• In India there is no specific law to protect trade secrets but it can still be
obtained under section 27 of the Indian contract act 1872
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