topics covered - Indian food institutes what is IP and its types IPR laws in india IPR in food industry patent patent holders in india Bioprospecting and biopiracy major patent issues copyrights copyrights registration rules fair use trademark Duration and fee of trademark Geographical indication (GI) GI in india Example of GI -balmithai registration for GI infringements remedies for infringement related to patent, copyrights and trademark World intellectual property day

1. “Know Your
By – Naveen Kumar
(M.Sc.), Research Scholar
WITHSPECIALREFERENCETO FOOD
PROCESSINGINDUSTRY

2.  Food Processing
Industry
 Meaning
 Types of IP
 Law governing IP
 IP in Food Industry
 Patent
 Copyright
 Trademark
 GI
 Infringement
 Case Studies
Overview

3. FOOD PROCESSING INDUSTRY

5. INDIAN INSTITUTE OF CROP PROCESSING TECHNOLOGY
Ministry of Food Processing Industries, Government of India
(FSSAI Referral & NABL Accredited Laboratory)
Thanjavur, Tamil Nadu 613 005
A pioneer Educational and R&D Institution under
the Ministry of Food Processing Industries (MoPFI)

6. National Institute of Food Technology
Entrepreneurship and Management (NIFTEM)
HSIIDC Industrial Estate Kundli,
Sonipat district, Haryana

7. Set up by the Department of Science &Technology (DST) in February
2000 at Ahmedabad
Vision
To make India innovative and adding value to India's
outstanding traditional knowledge base
Mission
To help India become inventive and creative, and to become a
global leader in sustainable technologies without social and
economic handicaps affecting the evolution and diffusion of
green grassroots innovations

8. Energy-Generating Spinning Wheel

9. If you don’t see a problem with this
question, you need the class!

10.  “Intellectual Property is a property that arises
from the human intellect”. It is a product of
human creation.
 Intellectual Property comprises 2 distinct
forms:
Literary & Artistic Works
Industrial Property

11.  They are books, paintings, musical
compositions, plays, movies, radio/tv
programs, performances, & other artistic
works.
How are they Protected?
Protected by “COPYRIGHT”
“Literary & Artistic Works”

12. Industrial Property describes physical matter that
is the product of an idea or concept for
commercial purposes.
 How are they Protected?
 By Patented objects
 By Trademarks
 By Industrial Designs
 By Trade Secrets
 By Layout-designs
 By Geographical Indications
“Industrial Property”

13. Major Types of IP
Functional &Technical
Inventions
Patents Act, 1970
Amended
in 1999 & 2005
Purely
Artistic works
Copyright Act,
1957 Amended
in1982, 1984,
1992,1994 &
1999
A symbol, logo, word, sound,
color, design, etc.
Trademark
Act, 1999
Amended in 1994,
1996 & 2000

14.  WIPO (World Intellectual Property
Organization) was established by the
WIPO Convention in 1967
 The WIPO is a specialized agency of
the United Nations.
 It promote the protection of IP
throughout the world.
 Its headquarters are in Geneva,
Switzerland

15.  There are many big and small intellectual property law
firms worldwide, like in India, USA, UK, Chicago etc,
providing qualitative help to inventors and creators of
product.
 In India intellectual property rights are safely
protected and controlled by well- established statutory
and judicial framework.
 Apart From that, there are many attorneys and law firm of
intellectual property in India in various states.

22. When it comes to the legalities of food, it’sgenerally
understood that in most circumstances, it is not
possible to copyright a recipe
How can one person or company own the recipe
for bread, when we’re talking about bread, flour,
water and yeast?
This is where the sometimes puzzling idea
of food patents come in
Recipe or Invention..!

23. “Foods produced by combining traditional
ingredients and using standard cooking or
preparation techniques are unlikely to meet these
requirements, but innovations in food technology
often result in products that qualify as patentable
inventions”
Snow used New Zealand company
Tip Top’s Memphis Meltdown Gooey
Caramel Ice Cream as an example
of a patented food technology

28. Definition
Live microbial feed supplements
that have beneficial effects on
the host by improving its
intestinal microbial balance.
Most common types: Lactobacilli and Bifidobacteria
PROBIOTICS
Ellie Metchnikoff, the
first scientist who
proposed therapeutic use
of lactic acid bacteria

30. (1) It is covered under the Act called the
Patents Act, 1970 [Amended by
Patents Act, 2005]
(2) It extends to the whole of India.
(3) It shall come into force on such date
as the Central Government may
publish, by notification in
the Official Gazette.

31. Definition:
 A patent describes an invention for which
the inventor claims the exclusive right.
INVENTION PATENABLE IF.....
NEW (NOVEL)
USEFUL
NOT OBVIOUS
PERTAINS TO PATENTABLE SUBJECT
MATTER

32. Invention
Relates to a Process or Product or Both
Involves an Inventive Step
Be Capable of Industrial Application
A Machine

33.  Term of the patent is 20 years from the
date of filling for all types of inventions.
 Priority date- first to file
 The date of patent is the date of filing the
application for patent.
 The term of the patent is counted
from this date.

34.  The Government fee for filing a patent
application in India is Rs.750/- for
individuals and Rs.3,000/- for legal entities.
 No fee for 1st and 2nd year.
 Renewal fee, on yearly basis, is required to
be paid for 3rd to 20th for keeping the patent
in force.
 Patent lapses if renewal fee is not paid within
the prescribed period.

35.  No, there is nothing like a global patent or a world
patent. Patent rights are essentially territorial in
nature
 Granting a patent in one country of the Union
does not force other countries to grant the patent
for the same invention.
 The refusal of the patent in one country does not
mean that it will be terminated in all the countries

36.  The list of top 10 patents holders in India
comprises only pharmaceutical and bio-tech
companies.
 In India, 184 patents are held by the Council of
Scientific and Industrial Research, followed by
"Ranbaxy".
 While the top 10 patents holders across the world
are IT companies, in India, no IT firm has patents.

37. JAIPUR: Drawing
inspiration from scientist
Stephen Hawking, a
wheelchair-bound nine-
year-old boy here has
invented a game of six-
player circular chess. The
boy, Hridayeshwar
Singh Bhati has got the
game's design patented in
his name.

38. Indian Inventor GURTEJA SANDHU got the Fifth Place
in the World with more than 1200 Patents in his
name.
Sandhu developed a method of coating microchips
with titanium without exposing the metal to
oxygen, which would ruin the chips

39. His first invention was Susant's Breathing Sensor
Apparatus for the Disable for which he got numerous
awards and recognitions.

40.  INVENTIONS/ INNOVATIONS TO SOLVE SOCIAL PROBLEMS {SOCIAL
INNOVATIONS}
Raksha Band- An Anti Virus for Rape Attacks (2014)
 Susant’s Breathing Sensor Apparatus- An Angel in Disguise For the Disables
(2008)
 Special Low Cost Electricity System- A Dream Come True for Rural Life (2012)
 INVENTIONS/ INNOVATIONS TO MAKE LIFE CONVENIENT
Drive-less Car Technology Kit (2014)
Super Chair (2014)
Super Sense Technology (2011)
Special Vehicle Security System (2011)
Special Water Pump Automation System (2009)
 INVENTIONS/ INNOVATIONS FOR ENTERTAINMENT PURPOSE
Super Electromagnet Technology (2014)
Real Iron Man Hand (2014)
Gesture Based Operating Electrical Appliances (2013)

41. Innovation Award
Name : Ayushman Nayak
District & State : Khurda, Orissa
Award : IGNITE
Award Function : IGNITE 2017 Awards
Washing machine which uses recycled soap water
Name : Sabuj Saikia, Kaustav Moni Malakar
District & State : Kamrup, Assam
Award : ignite
Award Function : IGNITE 2017 Awards
Foot operated tea making table for differently abled people
Name : Iqrar Ahmad Dev
District & State : Badgam, Jammu & Kashmir
Award : ignite
Award Function : IGNITE 2017 Awards
Detection system in vehicles for speed breakers much in advance

43. BIOPROSPECTING
• Bioprospecting is an umbrella term
describing the process of discovery and
commercialization of new products based
on biological resources. Bioprospecting often
draws on indigenous knowledge about uses
and characteristics of plants and animals.

44. BIOPIRACY
• Biopiracy is a situation where indigenous
knowledge of nature, originating with indigenous
peoples, is used by others for profit, without
permission from and with little or no
compensation or recognition to the indigenous
people themselves.

45. Biopiracy Cases
• The Rosy Periwinkle
• The Neem Tree
• The Enola Bean
• Turmeric
• Basmati Rice

48. BASMATI
CASE
STUDY
48
In late 1997, an American
company RiceTec Inc, was
granted a patent by the US
patent office to call the
aromatic rice grown outside
India 'Basmati'.
RiceTec Inc, had been trying
to enter the international
Basmati market with brands
like 'Kasmati' and 'Texmati'
described as Basmati-type rice
with minimal success.
BASMATI CASE STUDY

49. BASMATI CASE STUDY
However, with the Basmati
patent rights, RiceTec will now
be able to not only call its
aromatic rice Basmati within
the US, but also label it
Basmati for its exports.)
India and Pakistan will not only
lose out on the 45,000 tonne
US import market, which
forms 10 percent of the total
Basmati exports.
49

50. • Turmeric is a tropical herb
grown in East India.
• Turmeric powder has a
distinctive deep yellow color
and bitter taste.
• It is used as a dye, cooking
ingredient, litmus in a
chemical test and for
medicinal purposes.
Turmeric Patent Dispute
Patent Biopiracy

51. Issue of a Patent
• A U.S. patent (no.5,401,504)
on turmeric was awarded to
the University of Mississippi
Medical Centre, in May 1995,
specifically for the “Use of
turmeric in wound healing.”

52. Awaken to Intellectual property
right
• The patent was promptly
challenged by Dr. R. A.
Mashelkar, as Indian
scientist who has done
much to awaken India to
intellectual property rights
issues.
Director general of Council of Scientific and Industrial
Research (CSIR)
(1995-2006)

53. • In India where turmeric has been used medicinally
for thousands of years, concerns grew about the
economically and socially damaging impact of this
legal biopiracy.
• CSIR argues that turmeric has been used for
thousands of years for healing wounds and rashes
and thus its medicinal use was not a novel invention.
• Their claim was supported by the documentary
evidence of traditional knowledge, including ancient
sanskrit text and paper published in 1953 in the
Journal of Indian Medical Association.

54. Apple vs. Samsung
patent lawsuit

55. Case Overview
•Apple sued Samsung for copying its product
ideas
•38-page suit filed by Apple in the U.S. District
Court of Northern California states.
•Copied look, product design, Packaging
•Galaxy S, Galaxy S II, Nexus S etc.
•19/381 were Claimed

56. Samsung was ordered to pay
approximately ONE billion Dollars to Apple
for damages caused by intellectual
property theft.
Almost every version from the Galaxy
series has great similarity with the iPhone
and the iPad – from the external
appearance to the user interface.

58. Apple lawyers submitted this picture at thecourt

60.  The Indian CopyrightAct,1957 governs the
system of copyrights in India. [Amended in
1982, 1984, 1992, 1994
& 1999]
 Meaning : It is a right which Grants
protection to the unique expression of
Ideas.

61.  The term original in the copyright
law means that the work originated
with the author.
 There is no requirement for novelty
or uniqueness as there is in patent
law.
 Copyright law protects the
expression of an idea. Not the
idea itself.

62. Literary Films Dramatic
Musical Sound RecordingArtistic

63.  Ideas
 Facts
 Recipes
 Works lacking originality (e.g. The phone
book)
 Names, titles or short phrases

64.  Register a copyright by completing a
simple application form, along with the
appropriate fee
 Need not send a copy of your work,
 It may appear with the same title, but if
each work has been created
independently, each will have its own
copyright protection.

65. Copyright lasts for the-
 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,
 Copyright protection always expires on
December 31 of the last calendar year of
protection.

66.  Gives permission to use copyrighted
materials if certain criteria are met
 Protects freedom of speech
 Promotes public benefits like
education.

67.  Never assume
that your use falls
under the fair-use
exception!
 “Saving money” is
not a sufficient
excuse
 Laziness can be a
trap!

68.  Photos and images - up to 5 works
from one author; up to 10% or 15
works, whichever is less, from a
collection
 Database information - up to 10% or
2500 fields or cell entries, whichever
is less

70.  It is covered under the Act called the Trade
Marks Act, 1999.
 The Act came into effect on September 15,
2003. It replaced the Trade and Merchandise
Marks Act, 1958.
 It extends to the whole of India.
 It shall come into force on such date as the
Central Government may publish, by notification
in the Official Gazette

71.  Trademark:
A symbol, logo, word, sound, color,
design, or other device that is used to
identify a business or a product in
commerce.
Different Symbols are :
™ Intent to use application filed for product
SM Intent to use application filed for services
® Registered trademark

72.  Application for search.
 Application for registration.
 Examination of trademark.
 Advertisement of trademark.
 Filing of opposition.
 Certificate issued.

73.  Trademark is valid for 10 years from
the date of application which may be
renewed for further period of 10 years
on payment of prescribed fees.
 Service mark Rights are reserved
exclusively for owners for 17 year & it
can also be renewed.
 The Govt. fees is Rs. 2,500 for each
class of goods or services.

74.  A trademark is a sign Used on, or
in connection with the marketing
of goods or services.
 “Used on” the goods means that
it may appear not only on the
goods themselves but on the
container or wrapper in which
the goods are when they are sold.
™ SM

75. Correct use:
Raymond Textile is India's leading producer of
worsted suiting fabric with over 60% market share.
„Raymond Textile‟is India's leading producer of
worsted suiting fabric with over 60% market share.
Incorrect use:
Raymond Textile is India's leading producer of worsted
suiting fabric with over 60% market share.

76. Correct use:
Incorrect use:
VIMAL ADT A
ftosa

77. Incorrect use:
- Kalvin Klein
- Tommy-Hilfiger
- MPC P/G
Correct use:
- Calvin Klein
- Tommy Hilfiger
- MPC POTTERIES GWALIOR

78. Trademarks
Name
Logotype
Symbol
Slogan
Shape
Color

82. GI IN INDIA
India, as a member of the World Trade Organization
(WTO), enacted the Geographical Indications of Goods
(Registration and Protection) Act, 1999 has come into
force with effect from 15 September 2003.
The Central Government of India has established the
Geographical Indications Registry with all India jurisdiction
in Chennai.
The GI Act is being administered by the controller General
of Patents, Designs and Trade Marks- who is the Registrar
of Geographical Indications.

86. Why are GI Valuable?
GIs are marketing tool.
Reputation for quality associated with place name
used on labels, advertizing.
GI-identified products are believed to command
higher prices.
Of particular interest to developing countries.

88. Take action against
Infringements

89.  Any reproduction, use , distribution,
performance, etc. of the work without
the permission of the owner.
 An identical or substantial similar
reproduction is also covered.
 Infringement – Damages - Injunction

90. • A suit can lie in the District or
High court ,
• It may issue an injunction
either to prevent the
infringer from any further use
& award damages to the
patent owner or will pay the
patent owner royalties for
further use.

91. •Apple sued phone maker HTC and
has filed a complaint with the U.S.
International Trade Commission,
alleging that the Taiwanese company
is infringing 20 Apple patents related
to the iPhone
•Steve Jobs, Apple's CEO, said in a
statement "We think competition is
healthy, but competitors should
create their own original technology,
not steal ours."

92. A suit can lie in District
or High court
• Punishment extends from
6 months to 3 years
• A permanent bans on
engaging in commercial
activities

93.  3 suits filed by Adidas
Saloman AG in the Delhi
High Court against
counterfeiters
 At the initial stage,
infringing goods were seized
by the Local Commissioner
 Cases were decreed recently
& damages of Rs. 15 lakhs
was awarded to Adidas
Saloman

94.  A suit can lie in the
district court or in a
high court u/s 63 of
the copyright act,
1957
 Punishable with
imprisonment upto 3
years and fined as
per the claims.

95. Ritika Limited v.Ashwani Kumar Ritika Limited v. NinaTalukdar
Ritika Limited v. SajidMobin

96.  Called “Innocent Infringement”
 Occurs when infringer was unaware that
things were Protected.
 No excuse if work properly displays..
▪ “Patent”
▪ Trademark symbol: ®, TM, SM
▪ Copyright notice: © + name + year
Example: Utsav Sarees © 2011-2012

97. • Create yourself, rather than using
other's creations
• Do not use competitor's mark in such
way that it harms competitor in unfair
way
• No comparisons that are likely to cause
confusion

98.  Technological advancement
made the job of the CREATOR
easy
………it also made the job
of the COPY-ER easy.

102. REFERENCES:
Slideshare.in
Wikipedia.com
Google.in
www.ipindia.nic.in
https://www.wipo.int