The document discusses intellectual property rights (IPR) in India. It defines IPR as legal rights over creations of the human intellect like inventions, literary works, designs, symbols used in commerce. IPR is divided into industrial property and copyright. The main forms of IPR protection in India are patents, copyrights, trademarks, industrial designs, integrated circuit layout designs, geographical indications, biological diversity, and plant variety protection. The document also outlines the objectives and benefits of IPR protection in India.
The Protection of Plant Varieties and Farmers’ Rights ActMahendra Pal
Intellectual property (IP) is a legal concept that includes copyrights, trademarks, patents, and related rights. Under intellectual property law, the holder of one these abstract "properties" has certain exclusive rights to the creative work, commercial symbol, or invention which is covered by it. In India, the Plant Variety Protection (PVP) and Farmers Rights Bill, 1999, proposes protection for all genera and species notified by the Central Government for a period of 15 and 18 years for herbaceous and woody species respectively subject to
the satisfaction of the NDUS ( Novelty, Distinctness, Uniformity and Stability)
criteria Protection is also extended to essentially derived varieties (EDVs). Researcher’s privilege is provided to ensure continuous improvement of varieties. Breeders from any country, honouring the principle of reciprocity, are permitted to apply for protection.
The Protection of Plant Varieties and Farmers’ Rights ActMahendra Pal
Intellectual property (IP) is a legal concept that includes copyrights, trademarks, patents, and related rights. Under intellectual property law, the holder of one these abstract "properties" has certain exclusive rights to the creative work, commercial symbol, or invention which is covered by it. In India, the Plant Variety Protection (PVP) and Farmers Rights Bill, 1999, proposes protection for all genera and species notified by the Central Government for a period of 15 and 18 years for herbaceous and woody species respectively subject to
the satisfaction of the NDUS ( Novelty, Distinctness, Uniformity and Stability)
criteria Protection is also extended to essentially derived varieties (EDVs). Researcher’s privilege is provided to ensure continuous improvement of varieties. Breeders from any country, honouring the principle of reciprocity, are permitted to apply for protection.
Plant Quarantine is a legal restriction on movement of agricultural commodities for the purpose of exclusion, prevention or delay in the establishment of plants, pests and diseases in the area where they are not present.
Plant quarantine is thus designed as a safeguard against harmful pests/pathogens exotic to a country or a region. Information regarding PLANT QUARANTINE IN INDIA AND ABROAD is essential. By Anand Daunde
Plant quarantine and phytosanitary certificationtusharamodugu
The word quarantine derives from the Italian word “quaranti giorni”, meaning ‘about fourty days’. After the Black Death arrived in Europe in 1347, observation and experience showed that the incubation time for the disease, from infection to the appearance of symptoms, was a little less than 40 days.
Plant quarantine is defined as the legal enforcement of the measures aimed to prevent pests from spreading or to prevent them from multiplying further in case, they have already gained entry and have established in new restricted areas.
The importance of imposing restrictions on the movement of pest-infested plants or plant materials from one country to another was realized by Ireland famine 1845, the late blight pathogen (Phytophthora infestans) introduced into Ireland from Central
America resulted in almost total failure of the potato crop, the grapevine phylloxera was introduced into France from America around 1860, and the San Jose scale spread into the US in the latter part of the eighteenth century and caused severe damage. The first international plant protection convention (IPPC), the Phylloxera convention was signed at Berne on 3 November 1881 by five countries. This convention remained in force till 1951, when International Plant Protection Convention under FAO was established at Rome. This agreement was constituted with the purpose of securing common and effective action to prevent the introduction and spread of pests and diseases of plants and plant products.
The first Quarantine Act in the US came into force on 1905, while India passed an act in 1914 entitled “Destructive Insect and Pests Act of 1914”. This was later supplemented by a more comprehensive act in 1917.
An Act of the Parliament of India enacted to provide for the establishment of an effective system for protection of plant varieties, the rights of farmers and plant breeders, and to encourage the development and cultivation of new varieties of plants. This act received the assent of the President of India on October 30, 2001.
The Presentation is prepared by the N.S Institution of science, Markapur.
It consists of a basic introduction related to Seed Act and main features of seed act
Intellectual property is the creation of mind i.e. inventions, industrial designs for article, literary & artistic work, symbols etc. used in commerce.
Plant Quarantine is a legal restriction on movement of agricultural commodities for the purpose of exclusion, prevention or delay in the establishment of plants, pests and diseases in the area where they are not present.
Plant quarantine is thus designed as a safeguard against harmful pests/pathogens exotic to a country or a region. Information regarding PLANT QUARANTINE IN INDIA AND ABROAD is essential. By Anand Daunde
Plant quarantine and phytosanitary certificationtusharamodugu
The word quarantine derives from the Italian word “quaranti giorni”, meaning ‘about fourty days’. After the Black Death arrived in Europe in 1347, observation and experience showed that the incubation time for the disease, from infection to the appearance of symptoms, was a little less than 40 days.
Plant quarantine is defined as the legal enforcement of the measures aimed to prevent pests from spreading or to prevent them from multiplying further in case, they have already gained entry and have established in new restricted areas.
The importance of imposing restrictions on the movement of pest-infested plants or plant materials from one country to another was realized by Ireland famine 1845, the late blight pathogen (Phytophthora infestans) introduced into Ireland from Central
America resulted in almost total failure of the potato crop, the grapevine phylloxera was introduced into France from America around 1860, and the San Jose scale spread into the US in the latter part of the eighteenth century and caused severe damage. The first international plant protection convention (IPPC), the Phylloxera convention was signed at Berne on 3 November 1881 by five countries. This convention remained in force till 1951, when International Plant Protection Convention under FAO was established at Rome. This agreement was constituted with the purpose of securing common and effective action to prevent the introduction and spread of pests and diseases of plants and plant products.
The first Quarantine Act in the US came into force on 1905, while India passed an act in 1914 entitled “Destructive Insect and Pests Act of 1914”. This was later supplemented by a more comprehensive act in 1917.
An Act of the Parliament of India enacted to provide for the establishment of an effective system for protection of plant varieties, the rights of farmers and plant breeders, and to encourage the development and cultivation of new varieties of plants. This act received the assent of the President of India on October 30, 2001.
The Presentation is prepared by the N.S Institution of science, Markapur.
It consists of a basic introduction related to Seed Act and main features of seed act
Intellectual property is the creation of mind i.e. inventions, industrial designs for article, literary & artistic work, symbols etc. used in commerce.
IN THIS PRESENTATION WE DISCUSS THE FOLLOWING:-
-Concept of IPR
-History of IPR
-Rights related to IPR
-Branches of IPR
-Emerging issues in IPR
-Benefits of IPR
-Conclusion
INTELLECTUAL PROPERTY RIGHTS
Plant breeding
K Vanangamudi
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Protective umbrella of TRIPS covers
Orthodox or conventional IPR’s
Cyber Law
Geographical Indications of goods
Organizations involved in IPR
Similar to Indian legislation for the protection of the various types of intellectual properties (20)
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2. Intellectual property Right (IPR) is a term used for various legal
entitlements which attach to certain types of information, ideas, or other
intangibles in their expressed form.
Intellectual Property refers to creation that arises from the human
intellect i.e. inventions in all fields of human endeavor, scientific
discoveries, industrial designs for article, literary & artistic work, symbols
etc. used in commerce.
3. Property designates those
things that are
commonly recognized as
being the possessions of
an individual or a group.
Properties are
of two types:
1. Tangible property
2. Intangible property
4. The rights given to people over the creation of their
minds. They usually give the creator an exclusive right
over the use of his/her creations for a certain period of
time.
IP is divided into two categories for ease of
understanding:
1. Industrial Property
2. Copyright
5. Creation of human mind (Intellect)
Intangible property
Exclusive rights given by statutes
Time-bound and Territorial/Jurisdictional
6. 1. To give credit and financial benefits to the efforts for the creativity.
To create competition among the researchers and institutions for quality of research
To have return on investment in research
To fasten the technology transfer through licensing and other means
Society benefits in the long term because intellectual property protection encourages creation
and invention.
To enhance the performance levels of institutions.
2.
3.
4.
5.
6.
7. Patents
Copyrights
Trademarks
Industrial designs
Protection of Integrated Circuits layout design
Geographical indications of goods
Biological diversity
Plant varieties and farmers rights
8. Protection of IP rights is an incentive to human creativity
Promotes respect for individual artists, and enable them to earn livelihoods
Prevents infringement and free riding
IP serves as an instrument for cultural, social, economic and technical development
New creativity helps create sustainable and competitive business locally and
internationally
IP based industries contribute significantly to national economies
9. All these intellectual property rights ensure that the individuals or business inventing
something can:
Earn greater profit margins
Ensure continuity in production
Developed brand loyalty
Have time to develop new products
10. Sn.
NO.
Act Year
1. The Copyright Act 1957
2.. The Patent Act 1970
3. The Trade Mark Act 1999
4. The Industrial design 2000
5. The Semiconductor Integrated Circuits Act 2000
6. The Geographical Indication of Goods Act 1999
7. The National Biological Diversity Act 2002
8. The Protection of Plant Varieties and Farmer Rights Act 2001
11. Copyright exist in unique expression of idea/ for creating an original literary or dramatic or musical
or artistic work.
In India, The Copyright Act, 1957 governs the law on copyright.
Copyright protects the expression of an idea and not the idea itself.
The owner may assign to any person the copyright.
What can be covered under copyright:
Works relating to Literary, Films, Dramatic, Musical, Artist, Sound recording
Duration of copyright:
Author’s lifetime + 50 years from the end of the calendar year in which the author dies,
50 years for films and sound recordings,
25 years for typographical arrangements of a published edition,
12. Patent is a monopoly or exclusive right granted by a country in favour of the owner
of an invention (both process & products ) to make, use, manufacture & market
their invention.
The patent right is territorial in nature.
Patents provide incentives to individuals by recognizing their creativity & these
incentives encourage innovation.
Patents Act, 1970, in TRIPS compliant and has incorporated all parameters.
Term of Registered Patent: 20 years.
13. Trademark is a distinctive sign that provides to the owner of the mark the exclusive right to use it
and identify goods or services belonging to the owner.
Trademark consists in symbol, logo, word, sound, color, design, or other device that is used to
identify a business or a product in commerce.
Term of Registered Trademark: 10 years and Renewable.
Function of Trade
Mark
It identifies the goods/or
services and its origin
It guarantees its
unchanged quality
It advertise the goods/
services
It create an image for the
goods/ services
14. A Design refers to the features of shape, configuration, pattern, ornamentation or composition of
lines or colours applied to any article, whether in two or three dimensional (or both) forms.
It makes an article attractive and appealing and hence they add to the commercial value of a
product and increase its marketability.
Terms of the Design: 15 years. Initially the right is granted for a period of 10 years, which can be
extended, by another 5 years.
15. Geographical Indications of Goods are defined as that aspect of industrial property
which refers to the geographical indication referring to a country or to a place
situated therein as being the country or place of origin of that product.
Examples of Indian Geographical Indications- Solapur Chaddar,
Solapur Terry Towel, Basmati Rice, Darjeeling Tea, Kanchipuram Silk Saree,
Alphanso Mango, Nagpur Orange etc.
16. Semiconductor Integrated Circuit means a product having transistors and other
circuitry elements, which are inseparably formed on a semiconductor material or
an insulating material or inside the semiconductor material and designed to
perform an electronic circuitry function.
The main purpose of the Act is to provide for routes and mechanism for protection
of IPR in Chip Layout Designs created and matters related to it.
17. The Convention on Biological Diversity is one of the most broadly subscribed
international environmental treaties in the world. Opened for signature at the
Earth Summit in Rio de Janeiro Brazil in 1992,
India enacted The Biological Diversity Act, 2002 and The Biological Diversity
Rules, 2004 to fulfill its commitments in the Convention on Biological Diversity
and in the Cartagena Protocol on Biosafety.
18. A plant variety represents a more precisely defined group of plants, selected from
within a species, with a common set of characteristics.
The owner of the protected
variety has the right to:
•Produce the protected variety
•Sell the variety
•Market the variety
•Distribute the variety
•Import the variety
objectives
The rights of farmers and plant breeders
and to encourage the development of new
varieties of plants.
To recognize and protect the rights of the
farmers in respect of their contribution
made at any time in conserving, improving
and making available plant genetic
resources for the development of new plant
varieties.
19. The protection of the resultant intellectual property thus assumes significance in
order to ensure that the investments are recouped in a profitable manner.
The given right to creator/ inventor is an incentive form to produce ideas that will
benefit the society as a whole.
The scope & extent of protection of intellectual property rights are being
increasingly harmonized around the world for providing business opportunities to
protect their rights.
Intellectual property rights reward creativity and human endeavor, which fuel the
progress of humankind.