Module asdfghjk,mjnhbgvfcrtyuio1.pptx.pdf

MODULE 1
20mca192
IPR AND CYBER LAWS
Akhil Sekharan, Asst Professor, MCA@SJCET

Course Introduction
•SYLLABUS
•CONTENT
•EXPECTED QUESTIONS
S C Q

Syllabus- Module 1
◦Fundamentals of IPR- Introduction – Intellectual property – Need
◦for protection of intellectual property – WIPO – Intellectual
◦property rights and development – Rationale of protection –
◦TRIPS Agreement
◦Patents : – Introduction – Patentable and
◦Non-patentable Invention – Types of patent applications –
◦Guidelines for registration of patent – patent filing – grant of
◦patent – types of patent documents.

Fundamentals of IPR
◦Intellectual Property(IP) is a product of Human Mind
◦All inventions or creations begin with an “IDEA”
◦Once an idea become actual products or a creation it can
registered and protected with the government.
◦It brings you various rights called “Intellectual Property Right” or
IPR
◦Owners of IP can rent, give or cell IP to others
◦IP or IPR is everywhere

Why IP is so important
◦Why should we promote and protect IP?
◦IPR creates incentives for Artists, Entrepreneurs and Researchers
to commit the necessary resources to research develop and
market new technologies and creative works
◦Such rights allow artists or inventors to have control over their
creation s and inventions
◦For a Consumers, IPR helps
them to find & Identify their
favourite products
◦IPR Creates more job

Need for protection of intellectual property
◦The creation of intellectual property has a value and thus it
needs to be protected.
◦Need to prevent competitors or anyone else from using
your ideas for their own profit without your consent.
◦Intellectual property protection is critical to fostering
innovation. Without protection of ideas, businesses and
individuals would not reap the full benefits of their
inventions and would focus less on research and
development

◦It contributes enormously to countries‟ national
economies.
◦Dozens of industries across countries‟ economies rely on
the adequate enforcement of their patents,
trademarks, and copyrights, while consumers use IP to
ensure they are purchasing safe, guaranteed products.

The Rationale for IP Protection
◦Intellectual property creates a legal means to appropriate
knowledge.
◦A characteristic of knowledge is that one person‟s use does not
diminish another‟s.
◦From the point of view of society, the more people who use
knowledge the better because each user gains something from it
at low or no cost, and society is in some sense better off.
◦If a product takes considerable effort, ingenuity and research,
but can be copied easily, there is unlikely to be a sufficient
financial incentive from society‟s point of view to devote
resources to invention.

◦Patents are one way of addressing this market failure. By conferring
temporary market exclusivities,
◦patents allow producers to recoup the costs of investment in R&D
and reap a profit, in return for
◦making publicly available the knowledge on which the invention is
based.
◦The rationale for copyright protection is not dissimilar to that of
patents.. Copyright protects the form in which ideas are expressed,
not the ideas themselves. Copyright was and remains the basis for
making the publishing of literary and artistic works an economic
proposition by preventing copying.

What are Intellectual Property Rights?
◦Intellectual property rights (IPR) are the rights awarded by society
to individuals or organisations principally over creative works:
inventions, literary and artistic works, and symbols, names,
images, and designs used in commerce. They give the creator
the right to prevent others from making unauthorised use of their
property for a limited period.
◦IP is categorised as Industrial Property (functional commercial
innovations), and Artistic and Literary Property (cultural creations).

◦Intellectual Property Rights (IPR) gives protection, as well as
helping them exploit and control their IP.
◦ “The exclusive right granted by State/Agencies, to individuals or
organisations to prevent others from using, manufacturing,
distributing - inventions, processes, applications, new and original
designs, trademarks, new plant varieties, data bases and artistic
and literary works”.
◦Such a person is known as „rights owner‟ or „rights holder‟.
◦IPR give the creator/rights owner, the right to prevent others from
making unauthorised use of their property for a limited period.

IPR & Development
◦An IP strategy cannot be conceived and developed narrowly within
the IP community alone.
◦It needs to recognize the needs of the stakeholders who will be
affected by it.
◦Given the international dimensions of IP ,Ministry for Foreign affairs
will be interested in the strategy as it may affect many of their
negotiations.
◦In addition there may be issues involving health, regional questions,
or information which requires the appropriate government bodies
involved.

◦The point of the strategy is to ensure that the creative, innovative and
business communities can compete and thrive to create wealth and
jobs, and that citizens understand the role of IP in creating social
benefits.
◦Before compiling a strategy, a clear picture of the current position is
needed along with a realistic assessment of what can be achieved.
◦Implementing the strategy requires a structured methodology based
on recognized project management techniques.
◦The strategy has to be set in the context of the particular country.
Before beginning the assessment, the real nature of the economy, in
terms of GDP, growth, and trends across manufacturing, services,
creative industries, agriculture, and tourism has to be understood as
this will influence decisions on priorities for development or change.

◦If there is a national policy on technology transfer then the IP strategy
has to support it.
◦The current methods of handling IPRs disputes and the extent to which
they meet the needs of rights holders and third parties are as important
as the access to such rights in the first place.
◦Government bodies cannot by themselves create and implement the
strategy, which has to meet the needs of the people and the business
and commerce sectors, as well as scientists and technologists and those
working in the creative industries. The core team has probably to be
constituted by government officials to maintain momentum, but there is
a strong case for creating a Program Board to oversee the work of the
core program team and to decide on priorities and the allocation of
resources.

WIPO (World Intellectual Property Organization)
◦International organization (UN) dedicated to promoting the use and
protection of works of the human spirit
◦These work - Intellectual property - are expanding the bounds of science
and technology and enriching the world of the arts
◦Headquarters in Geneva, Switzerland
◦193 countries as member states
WIPO plays an important role in enhancing the quality as well as creating
real wealth for nations
◦Manages all IPs.
◦Training through Academy

Core Activities of WIPO
1. Development of international IP laws and standards
2. Delivering global IP protection services
3. Encouraging the use of IP for economic development

1. Development of international IP laws and standards
◦This includes development of international laws and treaties
regarding patents, trademarks, industrial designs, geographical
indications and copyright and related rights
◦WIPO is also working with member states (193 countries) to
explore IP issues in the area of traditional knowledge, traditional
cultural expressions and genetic resources
◦WIPO handles the administration of 26 international treaties (16+
on industrial property, 7+ on copyright)

2. Delivering global IP protection services
◦WIPO administers fee-based services, based on international agreements
◦ Which enable users in member countries to file international applications
for patents (PCT), and international registrations fortrademarks (Madrid
System), designs (Hague System), and appellations of origin (Lisbon
System)
◦WIPO administers four IP classification systems, which organize the mass
of information concerning, inventions, trademarks, and industrial designs
into indexed, manageable structures for easy retrieval
◦WIPO’s Arbitration and Mediation Center offers dispute resolution services
to business and indiviauals , including domain name disputes
◦

3. Encouraging the use of IP for economic
development
◦WIPO runs a range of programmes aimed at increasing
the effective use of IP by developing nations as a tool
for economic development
◦Programmes include,
◦Technical assistance in support of member countries initiatives
to improve their IP legislative
◦Institutional and human resources framework
◦Strategies for innovation promotion and IP exploitation
◦Economic studies and material to inform public policy choices

Rights
Two Kinds of Rights
◦Moral Rights
◦To protect personality of author
◦Economic Rights
◦To bring economic benefits

◦Paris Convention for the Protection of Industrial Property 1883
◦Berne Convention for the Protection of Literary and Artistic Works 1886
◦International Union for New Varieties of Plants (UPOV) 1961, 1972,
1978 and 1991
◦Convention on Biodiversity, 1992
◦Agreement on Trade Related Aspects of Intellectual Property
Rights 1994
◦Internet Treaties 1996
International Treaties

TRIPS (Trade Related Aspects of
Intellectual Property Rights)
◦The TRIPS agreement came into being with the establishment of the
WTO (World Trade Organization) effective from 1st January, 1995.
◦It was concluded during Uruguay Round of negations in 1994
◦The TRIPS (Trade-Related Aspects of Intellectual Property Rights)
Agreement in the Intellectual Property (IP) universe
◦Three Main Features
◦Standards
◦Enforcement
◦Dispute settlement

TRIPS and the IP Universe

TRIPS Agreement
◦TRIPS specified minimum global standards for protecting and
enforcing Intellectual Property Rights(IPR) in all its forms.
◦While the agreements set out before 1995 did not lay down
minimal global standards for patents, TRIPS prescribed this.
◦Therefore, all members should ensure that their IPR laws meet
these minimum global standards pronounced in the TRIPS.
◦However, TRIPS also allows countries to make their laws with
flexibility in their interests.

TRIPS Agreement Coverage
The IPRs covered under the TRIPS are given below:
◦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 protection of new varieties of plants.
◦Lay-out designs of integrated circuits and
◦Undisclosedinformation including Trade Secrets and Test data

TRIPS Agreement features
◦The TRIPS agreement has three key features:
◦a)standards:
◦Under TRIPS, each member country should provide minimum
standards of protection to all items of the IPRs.
◦The Articles 2.1 and 9.1 of the TRIPS Agreement rely heavily on the
Paris Convention for the Protection of Industrial Property (Paris
Convention) and the Berne Convention for the Protection of
Literary and Artistic Works (Berne Convention) for these purposes
and hence TRIPS Agreement is also called as the “Berne and
Paris-plus Agreement”.

◦b) Enforcement:
◦TRIPS lays down certain general principles for domestic procedures
and remedies for the enforcement of IPRs in the member countries
◦c)Dispute Settlement:
◦Members are expected to resolve their trade disputes under the
TRIPS obligations subject to the WTO dispute settlement
procedures. It was during the end of the uruguay round of talks
under the General Agreement on Tariffs and Trade (GATT) in 1994
that the TRIPS Agreement was negotiated.

TRIPS Agreement
◦TRIPS was promoted by the developed nations led by the USA and
supported by the European Union, Japan and other developed
nations.
◦TRIPS was opposed by developing nations led by Korea and Brazil
and supported by Thailand, India and Caribbean states.
◦TRIPS enabled the developed countries link international trade with
IPRs for the first time globally.
◦Subsequently, the scope of the TRIPS Agreement was clarified in
the Doha round of talks and was stated in the Doha declaration.

◦One of the major criticisms against TRIPS was that it will affect the
public health programs.
◦African Governments had to spend huge sums of money for buying
drugs to control AIDS as the IPR granted to such as patents worked
against public cause such as this in Africa.
◦TRIPS allowed flexibility in the national laws of developing countries
till 2005. In the case of least developed countries, this transition
period was extended to 2013 and until 2013 for pharmaceutical
patents which is also likely to be extended.

◦It is an international legal agreement between all the member nations
of the World Trade Organization (WTO)
◦The objective of the Agreement was to reduce distortions and
impediments to international trade
◦To ensure that, while effective and adequate protection of Intellectual
property rights is needed
◦Measures and procedures to enforce intellectual property rights do not
themselves become barriers to legitimate trade
◦It concerning the availability, scope and use of Copyrights and
Related Rights, Trademarks, Geographical Indications, Industrial
Designs Patents, layout designs of Integrated Circuits. Protection of
undisclosed information and control of Anti-competitive pratcices in
contractual licences

Patents
• A patent is an exclusive right granted for an invention, which is a
product or a process that provides, in general, a new way of doing
something, or offers a new technical solution to a problem.
• To get a patent, technical information about the invention must be
disclosed to the public in a patent application.
• The purpose of this system is to encourage inventions by promoting
their protection and utilization so as to contribute to the
development of industries which in turn, contributes to the promotion
of technological innovation and to the transfer and dissemination of
technology.

• In principle, the patent owner has the exclusive right to prevent or stop
others from commercially exploiting the patented invention.
• In other words, patent protection means that the invention cannot be
commercially made, used, distributed, imported or sold by others
without the patent owner's consent.
• Patents are territorial rights.
• In general, the exclusive rights are only applicable in the country or
region in which a patent has been filed and granted, in accordance
with the law of that country or region.
• The protection is granted for a limited period, generally 20 years from the
filing date of the application.
• https://www.wipo.int/patents/en/
• https://www.wipo.int/patents/en/2020_patent_picks.html

Patent Information
• Information concerning patented inventions disclosed in a patent
document.
• The information about an invention will be published in a patent
document and form part of the technical knowledge in the public
domain.
• In this way, other people can learn from the invention and use it to
build on something new to benefit mankind.
• Conversely, without the patent system, inventors would most likely not
disclose their inventions because there is no incentive for them to do so.

• As a consequence, they would keep the information of their
inventions secret.
• If this is to happen, many inventions would then remain as secret or
kept under lock by the inventors.
• When the inventors die, the knowledge of such inventive works will
be lost forever. The society as a whole will be deprived of these
useful technical inventions.
• Patent documents are published in fairly standard format and
structure by patent offices all over the world.

• In general, the format and information contents of patent documents
are as follows:
• Bibliographic data - providing bibliographic information on the granted
patent or patent application, which includes the document number,
filing and publication dates, name of the patentee(s) and addresses,
etc.
• A description, in most cases including drawings - disclosing clearly the
technical details of the invention concerned, normally illustrated by
working examples showing how to carry out the invention into practice.
• A claim or claims - defining the scope of protection for the invention
under consideration; hence satisfying the legal aspect of the patent
document.
• An abstract (may be accompanied by a drawing) - giving a concise
summary of the technology of the invention.

Classification of Patent Documents
• In view of the huge number of patent documents, they have to be
properly classified in order that they can be searched and retrieved
easily whenever necessary.
• Therefore, it is important to classify patent documents through some kind
of classification system by assigning to each patent document a
classification symbol.
• The International Patent Classification (IPC) is the recognized international
classification system for the classification of patent documents.
• In parallel to this, some patent offices also have their own
classification system.
eg: ECLA classification, US patent classification and Indian Patent
Classification.

• The IPC is the result of the Strasbourg Agreement concerning the
International Patent Classification (1971), which came into force on
October 7, 1975.
• As custodian of the classification system, The World Intellectual Property
Organization (WIPO) is the custodian of the IPC and it makes regular
revision of the IPC that is used by patent offices around the world to
classify patent documents.
• The main objective of the IPC is to provide the following:
✔ Uniformclassification of inventions regardless of country and origin.
✔ Basis for information retrieval for users of patent information.
✔ Basis for gathering statisticaldata on certain technology
parameters.

Patentable and Non-Patentable inventions
• Invention means a new product or process involving an
inventive step and capable of industrial application.
• "inventive step" means a feature of an invention that involves
technical advance as compared to the existing knowledge or
having economic significance or both and that makes the invention
not obvious to a person skilled in the art.
• Inventions must be inventive or "non-obvious".
• The patent must describe an invention that is not obvious to a
person "skilled in the art" from the entire/collective body of publicly
available knowledge ("prior art") existing at the date the patent
application was filed.

• A new product or process, involving an inventivestep and capable
of being made or used in an industry.
• ie, an invention to be patentable should be technical in nature and
should meet the following criteria:
✔ Novelty
✔ Inventive Step
✔ Industrially Applicable
• In most of the countries a patentable invention must be:
✔ Novel
✔ Non-obvious
✔ Capable of industrial application
✔ Must not be from categories of inventions specifically declared
as non-patentable under the relevant patent law.

Not patentable Inventions
• As per Section 3 of the Indian Patent Act:
Section 3 (a): Frivolous inventions
Section 3 (b): Inventions which are contrary to Law or Mortality or
injurious to public health
Section 3 (c): Mere discovery of a scientific principle or formulation
of an abstract theory.
Section 3 (d): The mere discovery of a new form of a known
substance which does not result in the enhancement of the known
efficacy of that substance or the mere discovery of any new
property or new use for a known substance or of the mere use of a
known process, machine or apparatus unless such known process
results in a new product or employs at least one new reactant is not
an invention.

•Section 3 (e): A substance obtained by a mere admixture
resulting only in the aggregation of the properties of the
components thereof or a process for producing such
substance is not an invention.
•Section 3 (f): Mere arrangement or re-arrangement of known
devices
•Section 3 (h): Horticulture or agricultural method is non-
patentable.
•Section 3(i): Medicinal, curative, prophylactic, diagnostic,
therapeutic for treating diseases in human and animals are
non-patentable.
•Section3 (j): Essential biological processes for the
production or propagation of animals and plants is not an
invention.

•Section3 (k): Simple mathematical or business or computer
programs are not an invention.
•Section3 (l): Aesthetic creation is not an invention.
•Section3 (m): Mental act, rule or method is not an invention.
•Section3 (n): Presentation of information is non-patentable
•Section3 (o) : The topography of integrated circuits is non-
patentable
•Section3 (p): Traditional Knowledge is not an invention.
•Section3 (q): Atomic-Energy inventions are non -patentable.

Indian Patent System for AI-based inventions
• In India for patenting an AI technology one needs to follow the
Computer-related Inventions (CRIs) guidelines which exclude a
computer programme or algorithms from being patented (under
3(k) of the Indian Patent Act).
• At present these guidelines are focused on
computers/algorithm/software based inventions and also are used
to examine AI based inventions.
• To claim for patenting the inventions based on AI following are
needed:
1. Describe hardware (egcomputer system, server,sensors
etc.) along with AI algorithms in your patent;
2. Claim working method/process of the invention which uses AI;
and

Conditions to be satisfied by an invention to be patentable:
•Novelty
•Inventiveness
•Usefulness
Types of patent applications in India
1. Provisional application
2. Ordinary application or non-provisional application
3. Convention application
4. PCT international application
5. PCT national phase application
6. Patent of addition
7.Divisional application
https://www.lrswami.com/page/types-of-patent-application

Guidelines for registration of Patent
•A patent is granted for an invention.
•It is a monopoly right from the govt, conferred to the grantee
for a limited period in India under the Patent Act 1970.
•Patent term
•Who can apply for a patent
• https://harrityllp.com/design-patent-100-list/
•Requirements for filing a patent :
1. Name of the inventors
2. Name of the applicant
3. Address of the applicant
4. Title of the invention
5. Provisional or complete specification of patent
6. Drawings, if any

Eg: You invented a new machine-learning algorithm.
A developer who codes the algorithm according to your
specification, using standard coding tools, is not an inventor.
•But if the developer adds functionality that you didn’t
conceive in your original algorithm — and that functionality
is claimed in the patent application — then the developer
should be listed as an inventor on the patent application.
Patent ownership and Inventor
•In the vast majority of patent applications, the inventors are
employees of a company that owns the patent rights (by
virtue of an employment agreement with the company).
•In that scenario, the company is the “applicant” who has the
authority to file and prosecute patent applications, and the
inventor does not have any standing with the patent office.

Contents of provisional or complete specification
1. Introductory paragraph of the invention
2. Statement of prior art or process if known to the applicant
and its drawbacks
3. Objects of the invention
4. Statement of claim
5. Details of invention (paragraph-wise) with reference to the
diagram and drawings if any.

Stages of Patent Application
1. Filing of patent application
2. Examination and acceptance
3. Advertisement in the Official Patent Gazette
and opposition proceedings, if any
4. Sealing of the patent

Main steps of Patenting
Procedure
1. Filing of application at
the Patent Office
2. Filing of request for
examination
3. Publication
4. Examination
5. Pre-grant Opposition
6. Grant of Patent
7. Post-grant Opposition
GENERAL PROCEDURE FOR
OBTAINING A PATENT
1. Filing of patent application
2. Publication after 18 months
3. Pre Grant Opposition
/Representation by any
person.
4. Request for examination
5. Examination: Grant or
Refusal
6. Publication of Grant of
patent
7. Post Grant Opposition to
grant of patent
8. Decision By Controller

patent
application
• The appropriate office of the patent office shall be the head office of
the patent office or the branch office as the case may be within whose
territorial limits …
• Residence of applicant or Domicile; or
• His the place of business; or
• The place where the invention actually originated.
• If the applicant has no business or domicile in India, the address for
service in India is given by such applicant

•Types of patent documents
•There are 2 types of patent documents also known as
patent specification.
•1. Provisional specification
•2. Complete specification

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