The document discusses India's National IPR Policy of 2016. The policy aims to establish a holistic environment to exploit intellectual property for economic and social development. It has 7 objectives: 1) Increase IPR awareness 2) Generate more IPRs 3) Strengthen legal frameworks 4) Modernize administration 5) Commercialize IPRs 6) Enforce IPRs 7) Develop human capital. Key highlights include pushing IPRs as financial assets, promoting innovation, maintaining TRIPS compliance, and special focus on awareness, enforcement and commercialization through incentives. The policy leaves India's patent laws like Section 3(d) intact.
the slide include all aspects of IPR in india.
-Basics of IPR
-IPR regime in Indian Constitution
-procedure of application
-Current issues related to IPR
-India's Changing IPR and Effects
-Personalities of Indian IPR
the slide include all aspects of IPR in india.
-Basics of IPR
-IPR regime in Indian Constitution
-procedure of application
-Current issues related to IPR
-India's Changing IPR and Effects
-Personalities of Indian IPR
A copyright is a legal right given by the law to creators of literary, dramatic, musical and artistic works and producers of cinematography films and sound recordings. Business entities often copyright instruction manuals, product literature and user guides. Copyright is usually owned by the maker of the work, but may also be owned by the employer of its creator or the person who has authorized the work (unless there is an agreement to the contrary in either case).
Trade Related Aspects Of Intellectual Property Rights (TRIPS)Anjita Khadka
TRIPS agreement covers the following areas:
Copyright and related rights (i.e. the rights of performers, producers of sound recordings and broadcasting organizations)
Trademarks including service marks
Geographical indications including appellations of origin
Industrial designs; patents including the protection of new varieties of plants
Layout-designs of integrated circuits and
Undisclosed information including trade secrets and test data
patent types of patent,utility patent,design patent,plant patent,expiry of patent,how to apply patent,filling form of patent,sample of patent advantages of patents to the patentee and society, patent history-india
Under the Indian patent law, a patent can be obtained only for an invention that is new and useful. The invention must relate to the machine, article, or substance produced by a manufacturer, or the process of manufacture of an article.
compulsory licensing of patents in India how to get compulsory licensing in India, procedure, rights involved, act and sections,limitation of compulsory licensing, government rights for compulsory licensing,well good for law students
WTO was born on 1st January 1995 with main objective to improve the welfare of people of member countries.
Its main function is to ensure that trade flows as smoothly, predictably & freely as possible.
This is a brief intro to Trade Secret law.
This presentation includes:
• A definition of Trade Secrets.
• Description of “Negative” Trade Secrets.
• How long do Trade Secrets last?
• Legal protection for Trade Secrets.
• How do you file a Trade Secret? (Spoiler: you don’t.)
• How to protect Trade Secrets.
• What happens when a Trade Secret is breached?
• Trade secret licensing.
IPR Policy will promote a holistic and conducive ecosystem to catalyse the full potential of intellectual property for India's economic growth and socio-cultural development, while protecting public interest.
NATIONAL INTELLECTUAL PROPERTY POLICY- INDIA - 12.05.2016Innomantra
National IPR Policy 12.05.2016 : Courtesy : Ministry of Commerce & Industry, Department of Industrial Policy and Promotion, Government of India.
This has been shared to spread the awareness.
Ref:http://dipp.nic.in/English/Schemes/Intellectual_Property_Rights/National_IPR_Policy_12.05.2016.pdf
anything novel created by virtue of your intellectual power can be patented, which will be useful for mankind. this ppt. presents the property which can be patented and how to be patented .
A copyright is a legal right given by the law to creators of literary, dramatic, musical and artistic works and producers of cinematography films and sound recordings. Business entities often copyright instruction manuals, product literature and user guides. Copyright is usually owned by the maker of the work, but may also be owned by the employer of its creator or the person who has authorized the work (unless there is an agreement to the contrary in either case).
Trade Related Aspects Of Intellectual Property Rights (TRIPS)Anjita Khadka
TRIPS agreement covers the following areas:
Copyright and related rights (i.e. the rights of performers, producers of sound recordings and broadcasting organizations)
Trademarks including service marks
Geographical indications including appellations of origin
Industrial designs; patents including the protection of new varieties of plants
Layout-designs of integrated circuits and
Undisclosed information including trade secrets and test data
patent types of patent,utility patent,design patent,plant patent,expiry of patent,how to apply patent,filling form of patent,sample of patent advantages of patents to the patentee and society, patent history-india
Under the Indian patent law, a patent can be obtained only for an invention that is new and useful. The invention must relate to the machine, article, or substance produced by a manufacturer, or the process of manufacture of an article.
compulsory licensing of patents in India how to get compulsory licensing in India, procedure, rights involved, act and sections,limitation of compulsory licensing, government rights for compulsory licensing,well good for law students
WTO was born on 1st January 1995 with main objective to improve the welfare of people of member countries.
Its main function is to ensure that trade flows as smoothly, predictably & freely as possible.
This is a brief intro to Trade Secret law.
This presentation includes:
• A definition of Trade Secrets.
• Description of “Negative” Trade Secrets.
• How long do Trade Secrets last?
• Legal protection for Trade Secrets.
• How do you file a Trade Secret? (Spoiler: you don’t.)
• How to protect Trade Secrets.
• What happens when a Trade Secret is breached?
• Trade secret licensing.
IPR Policy will promote a holistic and conducive ecosystem to catalyse the full potential of intellectual property for India's economic growth and socio-cultural development, while protecting public interest.
NATIONAL INTELLECTUAL PROPERTY POLICY- INDIA - 12.05.2016Innomantra
National IPR Policy 12.05.2016 : Courtesy : Ministry of Commerce & Industry, Department of Industrial Policy and Promotion, Government of India.
This has been shared to spread the awareness.
Ref:http://dipp.nic.in/English/Schemes/Intellectual_Property_Rights/National_IPR_Policy_12.05.2016.pdf
anything novel created by virtue of your intellectual power can be patented, which will be useful for mankind. this ppt. presents the property which can be patented and how to be patented .
Introduction To Intellectual Property: Role of IP in the Economic and Cultural Development of the Society,
IP Governance, IP as a Global Indicator of Innovation, Origin of IP History of IP in India. Major Amendments in
IP Laws and Acts in India.
Patents: Conditions for Obtaining a Patent Protection, To Patent or Not to Patent an Invention. Rights
Associated with Patents. Enforcement of Patent Rights. Inventions Eligible for Patenting. Non-Patentable
Matters. Patent Infringements. Avoid Public Disclosure of an Invention before Patenting. Process of Patenting.
Prior Art Search. Choice of Application to be Filed. Patent Application Forms. Jurisdiction of Filing Patent
Application. Publication. Pre-grant Opposition. Examination. Grant of a Patent. Validity of Patent Protection.
Post-grant Opposition. Commercialization of a Patent. Need for a Patent Attorney/Agent. Can a Worldwide
Patent be Obtained. Do I Need First to File a Patent in India. Patent Related Forms. Fee Structure. Types of
Patent Applications. Commonly Used Terms in Patenting. National Bodies Dealing with Patent Affairs. Utility
Models.
Process of Patenting. Prior Art Search. Choice of Application to be Filed. Patent Application Forms.
Jurisdiction of Filing Patent Application. Publication. Pre-grant Opposition. Examination. Grant of a Patent.
Validity of Patent Protection. Post-grant Opposition. Commercialization of a Patent. Need for a Patent
Attorney/Agent. Can a Worldwide Patent be Obtained. Do I Need First to File a Patent in India. Patent Related
Forms. Fee Structure. Types of Patent Applications. Commonly Used Terms in Patenting. National Bodies
Dealing with Patent Affairs. Utility Models.
Here you will get to know about the most general versions/concepts of what is commonly called “Intellectual Property” which one needs to understand as each of them have their own pros & cons & applicability dynamics –
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India is a country of versatility, diverse culture, and complex social dimensions. India has been a country of agriculture, and even in today’s era, the majority of the population relies on agriculture for their livelihood; however, despite all these facts, India has seen a tremendous growth and change in economy, science and technology, education, and so on. In the process of development, invention and innovation have gained immense importance, which have resulted in application of inventions and innovations in the form of technology. In this background, the legal protection for the inventors arises, which is being catered by intellectual property rights (IPR) in the whole world as well as India. In Indian context, the IPR has not yet reached every business organization because the word IPR has always been misunderstood by most of the people that it is meant only for science and scientific inventions, but the fact is IPR’s applicability is much wider and it is applicable even to the smallest businesses. In the entire world, China is a nation which has the highest number of IPR grants, followed by USA. IPR in the present situation is very prominent and relevant because changes in industries like telecommunication, computer science, and so on are in the frontline and India is not lagging in invention and innovations. In 2021, out of the total number of applications received, China has the major contribution, which amounts to 40%. But very shockingly, India is not even in the top 10, which hints us that India needs to be vigilant and needs more attention of IPR. This research article speaks on how India is progressing in applicability of IPR and why India is not extensively using the provisions of IPR. We all know that IPR includes various elements like patents, copyrights, and trademarks; geographical indicators; industrial design; and utility models. But to be more precise and detailed, we have narrowed down our study only to patents in India, and even in that, we have considered patent applications, patent grants, and patents in force. It is to be noted that India’s economy is vibrant and dynamic. An economy like India is truly in need of extensive use of IPR and its provision to protect the rights of the real owner and inventor. But most of the population is ignorant about the IPR, so we are making an attempt to understand what is India’s position in IPR and its applicability. To narrow down our research, we have confined our study to only patents. In a further study, we can analyze how we can improve the awareness, and it may also help us in updating of IPR laws and its provisions.
Intellectual Property Rights, Rights of Local, Indigenous and Farming Communi...Sagar Bhandari
Implementation Challenges for Intellectual Property Rights and the Rights of Local, Indigenous, and Farming Communities (corporate-led vs. community-led agriculture biodiversity management)
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2. Various forms of IPRs
1. Patents
2. Copyrights
3. Trademarks
4. Industrial designs
5. Layout designs of ICs
6. Geographical Indications
7. Plant Varieties
8. Trade Secrets
3. National IPR Policy 2016
Aristotle once remarked,
“Patience is bitter, but its fruit is
sweet”.
This quote has proved to be hundred percent true
with respect to the National IPR policy, 2016.
This much awaited policy finally received the
cabinet approval on 13th May 20, 2016 and
managed to garner a positive response from all the
sectors.
4. National IPR Policy 2016
This all encompassing policy aims at establishing a
holistic atmosphere, conducive for exploiting the
full potential of intellectual property, for the
economic, social and cultural development of the
nation.
The policy is one of its kind, which involves
every conceivable sector, right from a village
industry, to an academic and research
institution in the process of successful
creation and utilization of IP on one hand,
while balancing public interest on the other.
5. National IPR Policy 2016
India has a plethora of creative and innovative
energy flowing ruthlessly, which if channelized
correctly, will result in a global transformation
of its economy.
This has been rightly recognized by the said
policy which provides for seven broad
objectives, which are explained below in
necessary detail, with the ultimate aim of
developing an ‘Intellectual Economy’.
6. The Rationale for IPR Policy
The rationale for the National IPR Policy lies
in the need to create awareness about the
importance of IPRs as a marketable financial
asset and economic tool.
There is an abundance of creative and
innovative energies flowing in India. India has
a TRIPS compliant, robust, equitable and dynamic
IPR regime.
7. Vision Statement
An India where creativity and innovation are
stimulated by Intellectual Property for the benefit of
all;
An India where intellectual property promotes
advancement in science and technology, arts and
culture, traditional knowledge and biodiversity
resources;
An India where knowledge is the main driver of
development, and knowledge owned is transformed
into knowledge shared.
8. Mission Statement
Stimulate a dynamic, vibrant and balanced
intellectual property rights system in India to:
Foster creativity and innovation and thereby,
promote entrepreneurship and enhance socio-
economic and cultural development, and
Focus on enhancing access to healthcare, food
security and environmental protection, among other
sectors of vital social, economic and technological
importance.
9. Seven Objectives
The Policy lays down Seven objectives
1. IPR Awareness:- Outreach and Promotion.
2.Generation of IPRs: - To stimulate the
generation of IPRs
3.Legal and Legislative Framework: - To develop
strong and effective IPR laws
4.Administration and Management: - To
modernize and strengthen service oriented IPR
administration.
10. Seven Objectives
5. Commercialization of IPR: - Get value
for IPRs through commercialization
6. Enforcement and Adjudication: - To
strengthen the enforcement and
adjudicatory mechanisms for combating
IPR infringements.
7. Human Capital Development: - To
strengthen and expand human resources
11. 1. IPR Awareness
A Nation-wide program of promotion
should be launched with an aim to improve
the awareness about the benefits of IPRs
and their value to the rights-holders and
the public.
The clarion call of the program
would be the holistic slogan
““Creative India; Innovative India”Creative India; Innovative India”
12. 2. Generation of IPRs
There is a need to tap this fertile
knowledge resource and stimulate the
creation of IP assets.
A comprehensive base line survey or IP
audit across sectors will enable
assessment and evaluation of the potential
in specific sectors, Especially MSMEs,
Start-Ups and Grass root Innovators.
13. 3.Legal and Legislative Framework
To have strong and effective IPR laws, which
balance the interests of rights owners with
larger public interest. India shall remain
committed to the Doha Declaration on TRIPS
Agreement and Public Health.
At the same time, India is rich in traditional
medicinal knowledge which exists in diverse
forms in our country, and it is important to
protect it from misappropriation.
The laws along with various judicial decisions
provide a stable and effective legal
framework for protection and promotion of IPRs
14. 4.Administration and Management
The Administration of the Copyright Act, 1957 and
the Semiconductor Integrated Circuits Layout-Design
Act, 2000 are being brought under the aegis of
DIPP, besides constituting a Cell for IPR
Promotion and Management (CIPAM).
This will facilitate more effective and synergetic
working between various IP offices, as also
promotion, creation and commercialization of IP
assets.
15. 5.Commercialization of IPR
The value and economic reward for the owners
of IP rights comes only from their
commercialization. Entrepreneurship should
be encouraged so that the financial value of IPRs
is captured.
Another constraint faced is valuation of IP and
assessment of the potential of the IPRs for the
purpose of marketing it.
16. 6.Enforcement and Adjudication
There is a need to build respect for IPR among
the general public and to sensitize the
inventors and creators of IP on measures for
protection and enforcement of their rights.
At the same time, there is also a need to build
the capacity of the enforcement agencies at
various levels, including strengthening of IPR cells
in State police forces.
17. 6.Enforcement and Adjudication
Measures to check Counterfeiting and Piracy
also need to be identified and undertaken.
Regular IPR workshops/ Colloquia for judges
would facilitate effective Adjudication of IPR
Disputes.
It would be desirable to adjudicate on IPR
disputes through Specialized Commercial
Courts. Alternative Dispute Resolution
mechanism may also be explored.
18. 7.Human Capital Development
In order to harness the full potential of IPRs for
economic growth, it is essential to develop an
increasing Pool of IPR professionals and
experts in spheres such as policy and law,
strategy development, administration and
enforcement.
Such a reservoir of experts will facilitate in
increasing generation of IP assets in the country
and their utilization for development purposes.
19. Implementation
While DIPP shall be the nodal point to coordinate,
guide and oversee implementation and future
development of IPRs in India, the responsibility for
actual implementation of the plans of action will
remain with the Ministries/ Departments
concerned in their assigned sphere of work.
Public and private sector institutions and other
stakeholders, including State governments, will also
be involved in the implementation process.
20. OVERVIEW
The statutes governing different kinds of IPRs in
India are :
Patents Act, 1970;
Trade Marks Act,1999;
Designs Act, 2000;
Geographical Indications of Goods (Registration and
Protection) Act, 1999;
Copyright Act, 1957;
Protection of Plant Varieties and Farmers’ Rights Act,
2001;
Semiconductor Integrated Circuits Layout-Design Act,
2000 and
Biological Diversity Act, 2002.
21. OVERVIEW
The Department of Industrial Policy
and Promotion (DIPP) is entrusted with
matters concerning the specialized UN
agency on IPRs, the World Intellectual
Property Organization (WIPO),
including coordination with other
concerned Ministries or Departments.
22. OVERVIEW
The Controller General of Patents,
Designs and Trade Marks (CGPDTM)
under the Department of Industrial
Policy and Promotion, Ministry of
Commerce and Industry is entrusted
with the responsibility of administering the
laws relating to Patents, Designs, Trade
Marks and Geographical Indications
within the territory of India.
23. OVERVIEW
The CGPDTM presently functions through Patent
Offices at four locations (Chennai, Delhi, Kolkata,
and Mumbai),
Trademarks Offices at five locations (Ahmadabad,
Chennai, Delhi, Kolkata and Mumbai),
Geographical Indications Registry at Chennai and
a Designs Wing at Kolkata.
The Office of CGPDTM is also in charge of the Rajiv
Gandhi National Institute of Intellectual
Property Management at Nagpur.
24. The National Slogans
IPR policy adopted the national slogan
“Creative India; Innovative India” and
launch an associated campaign on
electronic, print and social media, including
by linking the campaign with other national
initiatives such as “Make in India”,
“Digital India”, “Skill India”, “Start Up
India”, “Smart Cities” and other new
initiatives in the future.
25. The Highlights of IPR Policy
The Policy aims to push IPRs as a marketable
financial asset, promote innovation and
entrepreneurship, while protecting public
interest
The plan will be reviewed every five years in
consultation with stakeholders.
In order to have strong and effective IPR laws, steps
would be taken — including review of existing IP
laws — to update and improve them or to remove
anomalies and inconsistencies.
26. The Highlights of IPR Policy
The policy is entirely compliant with the WTO’s
agreement on TRIPS.
Special thrust on Awareness Generation and
effective enforcement of IPRs, besides
encouragement of IP commercialization through
Various incentives.
It suggests making the Department of Industrial
Policy and Promotion (DIPP) the nodal agency for all
IPR issues. Copyrights related issues will also come
under DIPP’s ambit from that of the Human Resource
Development (HRD) Ministry.
27. The Highlights of IPR Policy
Trademark offices have been modernized, and
the aim is to reduce the time taken for
examination and registration to just 1 month by
2017. The government has already hired around
100 new examiners for trademarks.
Examination time for trademarks has been
reduced from 13 months to 8 months, with the
new target being to bring the time down to one
month by March 2017.
28. The Highlights of IPR Policy
It aims to Promote research and development
through tax benefits.
Proposal to create an effective loan guarantee
scheme to encourage start-ups.
“India will continue to utilize the legislative space
and flexibilities available in international treaties
and the TRIPS Agreement .”
These flexibilities include the sovereign right of
countries to use provisions such as Section 3(d) and
CLs for ensuring the availability of essential and
life-saving drugs at affordable prices.
29. The Highlights of IPR Policy
The policy left the country’s patent laws intact
and specifically did not open up Section 3(d) of
the Patents Act, which sets the standard for what
is considered an invention in India, for
reinterpretation.
On compulsory licensing (CL), India has issued
only CL for a cancer drug. Mr. Jaitley said, “We
rarely exercise this power.”
30. The incorporation of Section 3(d)
The incorporation of Section 3(d) by way
of amendment of 2005 has attracted a lot
of controversy and criticism in the global
pharmaceutical market.
The true intent of this section is to
prevent the ever greening of patents and
promote enhanced level of innovation
by proving enhanced level of efficacy.
31. The incorporation of Section 3(d)
The big multinational pharmaceutical companies
having practically no restraint of amount
for research and development occupied dominant
position in the market.
To prevent abuse of this dominant position in
cases of life saving drugs and other critically
important drugs, it is paramount to protect the
interest of generic drug manufactures.
However this has to be a balanced approach so
that it does not affect adversely to the economic
and technological developments in India.
32. The incorporation of Section 3(d)
It is also important to understand that
India being a developing country needs
such protection for its generic drug
manufactures to promote significantly
incremental innovations.
Therefore, health concerns play chief
role in determining various policies in
India and this also contributed for the
incorporation of section 3 clause (d) of the
Patents Act 2005.