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1
OVERVIEW OF IPR SPECTRUM
IN
INDIA
C M GAIND
Senior Manager & Head
IP Consultancy & Management Division
National Research Development Corporation
20-22, Zamrudpur Community Centre
Kailash Colony Extension
New Delhi – 110 048
e _mail: cmgaind@nrdc.in ; gaindcm@yahoo.co.in
Phone: 011-29231891; Mobile: 09818110076
2
3
A CLASS OF PROPERTY EMINATING FROM THE ACTIVITIES OF
THE HUMAN MIND
HISTORICALLY
HISTORICALLY
z PATENTS FOR INNOVATIONS
z DESIGNS FOR INDUSTRIAL DESIGNS
z TRADEMARKS FOR MARKETING A PRODUCT
COLLECTIVELY KNOWN AS INDUSTRIAL PROPERTY
THESE THREE FORM OF INDUSTRIAL PROPERTY TOGETHER WITH
z COPYRIGHT IN LITERARY WORK FORM INTELLECTUAL
PROPERTY
INTELLECTUAL PROPERTY NOW USED TO INCLUDE ALL PROPERTY
RESULTING FROM EXERCISE OF HUMAN MIND
4
INDIAN PATENTS
ACT 1970
THE
COPYRIGHT
ACT 1957 as
amended in 1999
TRADEMARKS
ACT
1999
THE DESIGN
ACT
2000
5
CD PLAYER
Industrial design
protection for 3D
shape
Brand name-
registered under
trademark
Music played on the
CD player is
protected by
copyright
Various
technical parts
&
mechanisms
are subject
mater of
protection
under Patents
6
IMPORTANCE OF IPR GATHERED MOMENTUM AS A
PART OF URUGUAY ROUND OF MULTILATERAL
TRADE NEGOTIATIONS UNDER GATT OVER THE
PERIOD OF 1986 TO 1994
TRADE RELATED ASPECTS OF INTELLECTUAL
RIGHTS (TRIPS) - A KEY COMPONENT OF FINAL
ACT OF URUGUAY ROUND
WORLD TRADE ORGANISATION (WTO) SET UP ON
1ST JANUARY 1995
AS THE ACTIVITY OF WORLD TRADE
ORGANISATION PROGRESSED - REALISATION -
SIGNIFICANT OPPORTUNITIES FOR EXPLOITATION
- IMPORTANCE OF TRIPS
7
CH
2
WITH EVER-ADVANCING “WAVEFRONT” OF
SCIENCE & TECHNOLOGY
NEWER FORMS OF PROTECTION ARE
EMERGING SUCH AS
8
9
10
What is PATENT ?
A PATENT IS A RIGHT GRANTED BY THE
GOVERNMENT WHICH CONFERS ON THE
PATENTEE FOR A LIMITED PERIOD THE
EXCLUSIVE PRIVILEGE OF MAKING,
SELLING, OFFERING FOR SALE, IMPORTING,
DISTRIBUTING AND USING THE INVENTION
( AND ALSO AUTHORISING OTHERS TO DO
SO) IN CONSIDERATION OF HIS
DISCLOSURE OF INVENTION
11
What is PATENT ?
A MONOPOLY RIGHT*
GRANTED BY THE CENTRAL GOVT.TO THE
APPLICANT (Subjected to certain Conditions)
FOR A LIMITED PERIOD ( 20 Yr)
IN LIEU OF FULL DISCLOSURE OF INVENTION
Negative right
Territorial right
* [Monopoly subsists on expiry of term and disclosure goes in
public domain for commercial use]
12
What is Invention ?
What is Invention ? Section 2(1)(j)
Section 2(1)(j)
“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 that makes the invention not obvious to a
person skilled in the art;
“capable of industrial application”, in relation to
an invention, means that the invention is capable of
being made or used in an industry.
13
PATENTABLE SUBJECT MATTER
™ Invention must relate to a PROCESS or
PRODUCT or both.
™ It must be new (novel).
™ INVOLVE INVENTIVE STEP.
™ CAPABLE OF INDUSTRIAL APPLICATION.
™ Fully disclosed in the patent documents &
™ NOT BARRED BY SEC 3,4, & 5 OF THE PATENT
ACT.
14
LIFE OF A PATENT
ƒ As per Indian Patent Act 1970
ƒ 7 years for Patents in field of Pharmaceutical, Agriculture
ƒ 14 years for all other patents
ƒ As per Patent(Amendment) Act 2005 : 20 years
ƒ Has to be renewed after every year
Who are beneficiaries of patent grant?
ƒ The inventor
secure from competition, can exploit the invention for his gain
ƒ The public
invention becomes public knowledge, freely available technology
after expiry of patent, cheaper and better products become
available
ƒ The Government
economic and industrial growth
15
16
Indian Scenario
Industrial design-integral part of consumer
culture-rival articles – compete – consumer’s
attention
Important - grant to an original design -
adequate protection
Difficult – separate – aesthetics of a finished
article – its function
As per law – only the aesthetics or design
element – registered and protected
17
Examples
The design of teacup – hollow
receptacle for holding tea – a handle
to hold cup – functional features –
cannot be registered
While exporting furniture – the design – not
Registered – country of export – exporter -
Unnecessary litigation –claims for damages
Conversely – furniture of ethnic design –
Exported – design – original design –
Worthwhile to register – country of export –
Not imitate –deprive inventor of design –
Commercial benefits of his design
18
DESIGN ACT 2000
Design Act 1911 replaced by Design Act 2000 to
comply with TRIPS requirements
To be administered by the Controller General of
Patents, Designs and Trademarks
Design office at Kolkata or at at the branch offices
of the Patent Office in Delhi, Mumbai and Chennai
19
Design (Definition)
As per sec 2(d):
Only the features of shapes, configuration, pattern,
ornamentation or composition of lines or colours
Applied to an article
In two or three dimensional or both forms
Applied by any industrial process or means (manual,
mechanical or chemical) separately or by a combined
process
Which in the finished article appeals to and judged solely
by the eye
But does not include any mode or principle of construction
or anything – mere mechanical device
Also does not include any trade mark or any artistic work
20
A design shall not be registered if the design:
™is not new or original
not new or original; or
™
™has been disclosed to the public
has been disclosed to the public any where in India or
in any other country by publication in tangible form or by
use or in any other way prior to the filing date, or
where applicable, the priority date of the application for
registration; or
™is not significantly distinguishable
not significantly distinguishable from, known designs
or combination of known designs; or
™
™comprises or contains scandalous or obscene matter
comprises or contains scandalous or obscene matter.
Prohibition of Registration of Certain Design
Prohibition of Registration of Certain Design
21
Copyright on Registration
(sec 11)
On registration – the registered
proprietor – copyright in the design -
for a period of 10 years
Renewal possible – further period of 5
year
Not renewed – liable to lapse
22
23
Trade Mark/Service Mark
ƒ Word
ƒ Letter
ƒ Numerical
ƒ Abbreviation of Names
ƒ Device Names
ƒ Signature
ƒ Photograph of a Person
ƒ Combination of all
24
Term of Registration
ƒ 10 years initially from the Date of
Application
ƒ Thereafter can be renewed
perpetually
25
Protection : Why Necessary ?
ƒ Because it is a source of identification
of goods/services
ƒ Because to get Trade mark know and
respected requires considerable
investment and usually quite a period
of time
26
Role & Function
ƒ Origin Function : “Brook Bond” – tea originating from
Company – manufacturing tea and marketing under that
mark
ƒ Quality Function : The quality of tea sold under mark “Brook
Bond Tea” – different – tea labeled with mark “Taj Mahal”
ƒ Distinguishing Function : The trade Mark “Sony” – associated
– electronic goods – particular excellent quality –
distinguishing – products of Sony’s competitors
ƒ Graphical Representation : an image – product – minds of
public, The mark “M” – stands for – food items - the
American fast food chain MACDONALD –reputation for food
items – offered for sale – in the market
27
Registration : Is it Compulsory ?
ƒ Not compulsory to register a Trade
Mark
ƒ However only registered Trade Mark -
protected - Trade Mark Act 1999 - the
owner - take legal action - infringer
ƒ Renewable every 10 years
28
29
Characteristics of Copyright
Creation of Statue – No such thing as common law copyright; no
copyright – any work except – section 16
Form of Intellectual Property – product over which right –
granted e.g. literary work – result of utilisation and investment of
intellect.
Monopoly Right – monopoly right – restraining others.
Negative Right – Prohibitory in nature; prevent others –
copying/reproducing the work.
Multiple Rights –Not a single right; bundle of different rights; in
case of Litrary work – the right of reproduction; the right of
dramatic and cinematographic versions; the right of translation,
adaptation and many more
Neighbouring Rights – Copyright – not merely – right to
reproduction, consist of rights to the works derived from the
original work – rights like right of public performance, the
recording right and the broadcasting right etc
30
Rights given by law to creators for literary,
dramatic or musical works, artistic work and
producers of cinematographic films and sound
recording.
Ensures certain minimum safeguards of rights
of authors over their creations thereby
protecting and rewarding creativity
Unlike patents, copyright protects the
expression and not ideas, no copyright in an
idea
Copyright
31
Section 14 of Act defines the term copyright
to mean exclusive right to do or allow others
to do certain acts in relation to :
„ Original literary, dramatic or musical works not
being a computer programme
„ Computer programme
„ Artistic works
„ Cinematographic film and
„ Sound recording
Protection includes:
a) Right to claim authorship of a work.
b) Right to oppose changes to it that could harm
the creator’s reputation.
Copyright…contd
32
Author: person who creates the work for a literary or
dramatic work; composer for a musical work, the
producer for a cinematographic work and a sound
recording; the photographer for a photograph but in
case of contractual work – the employer in absence
of any agreement to the contrary
A bundle of rights including inter alia, rights of
reproduction, communication to public, adaptation
and translation of work
Assignable, Moral rights still available to stop
distortion, mutilation, modification prejudicial to his
honour and reputation
33
Main Features of Copyright Act 1957
Creation of Copyright Office and a Copyright Board
Definitions various categories of work and the scope of rights
Provisions to determine the first ownership of copyright
Term of copyright
Provisions relating to the ownership of and licensing of
copyrights
Provisions relating to performing rights of or by societies
Broadcasting rights
International Copyright
Definitions of infringement
Civil and criminal remedies against infringement
India – Member of both Bern Convention and the Universal
Copyright Convention, amended its Copyright Act of 1957 in
1983, 1984, 1992, 1994 and 1999
34
Copyright – Protection in Form and
not in Idea
No copyright in ideas
Only in the material form to which the ideas are
translated
Literary work: words chosen by the author to
express his ideas – peculiar to himself; no two
descriptions of the same idea/fact can be in
same words
The order and arrangement of each man’s word
– singular as his countenance
It is the form – a particular idea, which is
translated that is , protected
35
36
Indian Scenario
In respect of any agricultural goods, natural goods,
manufactured goods including food stuff, goods of
any handicraft – no specific Law governing
geographical indications of such goods
Under TRIP, no country under obligation to extend
protection – unless – GI protected in the country of
its origin
India required to offer protection imported from
other countries
Necessary to have a comprehensive legislation for
registration – providing adequate protection for
geographical indications; hence the bill
37
ACT 48 of 1999
The Geographical Indications of Goods
(registration and Protection) Bill, 1999 was
introduced
After having passed by both the houses of
Parliament in December 1999 received the assent
of the President.
Came on the statute Book as
THE GEOGRAPHICAL INDICATIONS OF GOODS
(REGISTRATION AND PROTECTION) ACT, 1999
To be administered by the Controller General of
Patents, Designs and Trademarks – Registrar of
Geographical Indications
The Geographical Indications Registry at Chennai
38
Geographical Indication
(Definition)
As per sec 2(e):
An indication which identifies such goods as agricultural
goods, natural goods or manufactured goods as
Originating or manufactured in the territory of country, or
a region or locality in that country
Where a given quality, reputation or other characteristics
of such goods
Essentially attributable to its geographical origin
And in case where such goods are manufactured goods
One of the activities of either production or of processing
or preparation of goods concerned
Takes place in such territory, region or locality as the case
may be
39
What does it Imply
An indication or appellation of origin
Used to identify agricultural, natural or
manufactured goods originating in the said
area
Originates from a definite territory in India
Should have a special quality or
characteristics or reputation based on the
climatic or production characteristics unique
to the geographical location
40
Duration of Registration (sec 18)
The registration – for a period of 10
years
Renewal possible – further periods of
10 years each
Not renewed – liable to be removed
from the register
41
42
43
NRDC IS UNIQUE:
A PUBLIC SECTOR ENTERPRISE
WHOLLY DEDICATED
TO
COMMERCIALISING
NEW TECHNOLOGIES
NATIONAL RESEARCH DEVELOPMENT CORPORATION
NATIONAL RESEARCH DEVELOPMENT CORPORATION
[A Govt. Of India Enterprise ]
[A Govt. Of India Enterprise ]
44
ACTIVITIES OF NRDC
) TECHNOLOGY EVALUATION
) IPR MANAGEMENT & CONSULTANCY
) CARRYING OUT STRUCTURED INTERNATIONAL PATENT SEARCHES
) CARRYING OUT MARKET SURVEYS & PREPARATION OF FEASIBILITY /
PROJECT REPORTS
) IDENTIFYING APPROPRIATE TECHNOLOGY FUNDING ORGANISATION /
PARTNER ( SYNDICATING PROJECT FUNDING )
) PREPARATION OF COMPREHENSIVE KNOW HOW DOCUMENTS
) IDENTIFYING SUITABLE INDUSTRY FOR LICENSING OF KNOW HOW
) DISSEMINATING INFORMATION ON NEW TECHNOLOGIES THROUGH
MEDIA / INTERNET
) TECHNO COMMERCIAL SUPPORT TO NRDC LICENSEES FOR MARKETING
THEIR PRODUCTS IN INDIA & ABROAD
) EXPORT OF TECHNOLOGY & SETTING UP TURNKEY PROJECTS ABROAD
45
ACTIVITIES OF NRDC ( Contd..)
) PROVIDING TECHNICAL CONSULTANCY ON IPR MATTERS FOR
) PATENT INFRINGEMENT CASES
) FORMULATING IPR POLICY FOR R & D INSTITUTIONS /
UNIVERSITIES / LARGE INDUSTRIES
) EVOLVING STRATEGIES FOR FILING FOREIGN PATENTS
) LEGAL ASSISTANCE TO R & D ORGANISATIONS / UNIVERSITIES /
INDUSTRY IN SETTLEMENT OF IPR DISPUTES, COLLECTION OF
ROYALTIES ETC.
46
Š WE CREATE WEALTH FROM FROM YOUR WEALTH OF
IDEAS
Š FIRST TO SPECIALISE IN THIS EMERGING FIELD
Š IP MANAGEMENT AND LICENSING IS OUR MAIN
BUSINESS
Š WE ARE PROFESSIONALS…
„ UNDERSTAND THE BUSINES NEEDS OF
INDUSTRY
„ BRING RESEARCHERS AND INDUSTRY
TOGETHER FOR WIN-WIN STRATEGY
Š OUR EXPERIENCE, OUR KNOWLEDGE, OUR ABILITY
HELPS YOU TO MAXIMIZE THE WORTH OF YOUR R&D
EFFORTS
47
NRDC
IP CONSULTANCY & MANAGEMENT DIVISION
helps you with :
g
g IP Strategy Development
IP Strategy Development
g
g IP Management Policy Formulation
IP Management Policy Formulation
g
g Protecting Core Assets
Protecting Core Assets
g
g Infringement & Enforcement
Infringement & Enforcement
g
g Leveraging IP through Licensing
Leveraging IP through Licensing
g
g IP Awareness Program
IP Awareness Program
g
g Online Indian Patents Databases
Online Indian Patents Databases
g
g Interactive Multimedia Training Package on IPR
Interactive Multimedia Training Package on IPR
48
NRDC promotes, protects and support
inventions through:
• National Patent Protection Scheme
• Foreign Patent Protection Scheme
• Conducting International Patent Searches
49
Inventor Technical details
of invention
www.nrdcindia.com
Submission to
NRDC
Novelty assessment
through patent search
and decision for filing
Drafting & Filing
Processing
with
patent office
Grant
“Patent, Publish and Prosper” rather than “Publish, or Perish”
Letter Document
Interaction
with Patent attorney
50
•Consult NRDC on Patentability
•NRDC will help you draft the Patent application
•NRDC will help you file your application
through reputed lawyers and provide you
continued support till patent is granted.
•Don’t Publish before assessing Patentability
51
52
NUMBER OF PATENT APPLICATIONS FILED BY NRDC
IN INDIA
YEAR INDIVIDUALS DRDO,DBT,
R&DINSTTS.
IIT/
UNIV.
TOTAL PATENT
GRANTED
1991-92 16 5 - 21 20
1992-93 19 12 7 38 35
1993-94 32 12 3 47 40
1994-95 23 54 1 78 53
1995-96 29 53 1 83 17
1996-97 35 90 1 126 15
1997-98 30 64 7 101 21
1998-99 35 44 16 95 16
1999-00 30 64 16 95 4
2000-01 20 92 - 112 -
2001-02 31 52 5 88 -
53
INDIAN PATENT APPLICATIONS
FILED BY NRDC FOR UNIVERSITIES & IITs
TITLE APPLICANT
PROCESS FOR INCREASE IN
PRODUCTIVITY OF OIL WELLS
UNIVERSITY OF BOMBAY
NEW CONDUCTING CARBON FILMS
OBTAINED THROUGH PYROLYSIS
INDIAN INSTITUTE OF SCIENCE
BANGALORE
SOLAR HONEYCOMB INSULATED
WATER HEATER
INDIAN INSTITUTE OF
TECHNOLOGY, NEW DELHI
PROCESS FOR MICROBIAL PROTEASE
PRODUCTION
INDIAN INSTITUTE OF
TECHNOLOGY, KHARAGPUR
THERMOSTABLE PROTEASE ENZYME INDIAN INSTITUTE OF
TECHNOLOGY, KHARAGPUR
A PROCESS FOR PREPERATION OF
SUBMICRON SIZED CERAMIC
POWDERS
INDIAN INSTITUTE OF
TECHNOLOGY, KHARAGPUR
54
INDIAN PATENT APPLICATIONS
FILED BY NRDC FOR UNIVERSITIES & IITs
TITLE APPLICANT
A TARGETTED DRUG DELIVERY
CARRIER
UNIVERSITY OF DELHI SOUTH
CAMPUS, NEW DELHI
A PROCESS FOR TREATMENT OF
FLYASH
INDIAN INSTITUTE OF
TECHNOLOGY, KHARAGPUR
INORGANIC SUPPORTED POLYMERIC
CATALYSTS
UNIVERSITY OF BOMBAY, MUMBAI
NEGATIVE PHOTORESIST AND A
PROCESS THEREFOR
UNIVERSITY OF DELHI, DELHI
A DAMPING DEVICE BHAVNAGAR UNIVERSITY,
BHAVNAGAR
HYDROXYAPATITE COATED TITANIUM
DENTAL IMPLANT FOR SINGLE TOOTH
REPLACEMENT
JADAVPUR UNIVERSITY,
CALCUTTA
55
INDIAN PATENT APPLICATIONS
FILED BY NRDC FOR UNIVERSITIES & IITs
TITLE APPLICANT
SPLIT TABLE – ATM MULTICAST
SWITCH
INDIAN INSTITUTE OF
TECHNOLOGY, KANPUR
AN IMPROVED PROCESS AND
INSTRUMENT FOR MOISTURE
MEASUREMENT
UNIVERSITY OF PUNE, PUNE
A CLOCK CONTROL SUN TRACKING
SYSTEM
INDIAN INSTITUTE OF
TECHNOLOGY, KHARAGPUR
A PROCESS FOR THE DETECTION OF
MYCOBACTERIUM TUBERCLOSIS
ANTIGENS
JAWAHARLAL NEHRU
UNIVERSITY, NEW DELHI
DIAMOND LIKE CARBON FILMS USING
DENSE PLASMA FOCUS DEVICE
UNIVERSITY OF DELHI, DELHI
PROCESS FOR CONVERSION OF
AGRO BYPRODUCTS TO RIBOFLAVIN
(B12)
INDIAN INSTITUTE OF
TECHNOLOGY, CHENNAI
56
FOREIGN PATENT APPLICATIONS
FILED BY NRDC
TITLE COUNTRIES
PROCESS FOR PREPARATION OF HIGHLY
MONODISPERSED POLYMERIC HYDROPHILLIC
NANOPARTICLES (DELHI UNIV.)
EPO*,USA, JAPAN
A CLONING VECTOR AND A PROCESS FOR
PREPARATION THEREOF (DELHI UNIV.)
EPO , USA, JAPAN
SPERMICIDAL AGENT FROM NEEM (DIPAS) EPO, USA
BIOLOGICAL ACTIVE MATERIAL & SPERMICIDAL
AGENT FROM NEEM (DIPAS)
EPO, USA
A NONDESTRUCTIVE MICROWAVE INSTRUMENT
FOR MOISURE DETERMINATION (PUNE UNIV.)
EPO, USA
BIODEGRADABLE PLASTIC FILM AND PROCESS
FOR PREPARATION THEREOF (CTCRI)
EPO
*EPO: European Patent Office
57
FOREIGN PATENT APPLICATIONS
FILED BY NRDC
TITLE COUNTRIES
HEART VALVE ASSEMBLY (SCTIMST) USA, EPO (UK), JAPAN
AN IMPROVED PROCESS FOR
PRODUCTION OF DRIED ALGAL
BIOMASS FROM SPIRULINA (AMMCRC)
EPO(UK, ITALY, SPAIN) CANADA,
CHINA BANGLADESH, THAILAND
INDONESIA, MALAYSIA
A DISECTING CUM HAEMOSTAPLING
SCISSORS (INDIVIDUAL)
UK,
USA
NEGATIVE PHOTORESIST AND A
PROCESS THEREFOR ((INDIVIDUAL)
UK, USA, GERMANY, CANADA,
JAPAN, AUSTRALIA ,FRANCE &
ITALY
CELL TYPE AIR HUMIDIFICA-TION
SYSTEM FOR INDUSTRIAL PURPOSES
(CTAW) (ATIRA)
CHINA, MALAYSIA, AUSTRALIA,
EPO(UK, GERMANY, ITALY,
SWITZERLAND), THAILAND,
INDONESIA,
USA, HOLLAND, BANGLADESH
58
FOREIGN PATENT APPLICATIONS
FILED BY NRDC
TITLE COUNTRIES
IONO-OXIDATION TECHNIQUE FOR
TREATMENT OF INDUS.EFFLUENTS (IONO)
(ATIRA)
THAILAND, INDONESIA EPO(UK,
GERMANY, ITALY, SWITZERLAND),
MALAYSIA, USA, CHINA, HOLLAND
BANGLADESH, AUSTRALIA
NOVEL THROMBOLYTIC AGENT, PROCESS
FOR PREPARING SAME (VCRC)
EPO(BELGIUM, UK, LIECHTENSTEIN
GERMANY ), USA
A PROCESS FOR PREPERATION OF
CYCLOSPORIN FROM TOLYPOCLADIUM
SPECIES (VCRC)
EPO(UK), CANADA CHINA, SOUTH
KOREA
A PROCESS FOR PRODUCING COMPOSITE
PARTICLE BOARDS AND BOARDS
PREPARED THEREFORM (IPIRI)
CHINA, MALAYSIA SRI LANKA,
INDONESIA, THAILAND,
BANGLADESH, EPO( UK, FRANCE,
SPAIN) , AUSTRALIA
A THERMOSTABLE PROTEASE ENZYME
(IIT,KHARAGPUR)
USA
A PROCESS FOR PRODUCING A TARGETTED
GENE (DU SOUTH CAMPUS)
USA
59
• FINANCIAL ASSISTANCE, FOR SECURING PATENTS IN INDIA TO
INDIVIDUAL INVENTOR, SCIENTISTS WORKING IN UNIVERSITIES,
R&D INSTITUTIONS AND LABORATORIES
• 100% OF EXPENSES FOR SECURING A PATENT BORNE BY NRDC
• NO OBLIGATION ON SPONSORING ORGANISATION TOWARDS
NRDC
• PATENT DOCUMENT SENT TO INVENTOR ONCE THE PATENT IS
SEALED.
• PATENT IS TO BE MAINTAINED BY THE SPONSORING
ORGANISATION /
• YOU CAN COMMERCIALIZED THROUGH NRDC; IN SUCH CASE
MAINTENANCE BY NRDC
60
• UNDER NRDC’S FOREIGN PATENT PROTECTION SCHEME ,
NRDC RENDERS
• FINANCIAL
• TECHNICAL
• LEGAL ASSISTANCE
BY MEETING 50 % OF THE COST OF FOREIGN
PATENTING.
• IN RETURN, INDUSTRY IS REQUIRED TO PAY TO NRDC A
ROYALTY OF 2.5-5% ON THE FOB VALUE OF THE
PRODUCTS EXPORTED.
• NRDC OFFERS A HALF–SHARE TO THE INVENTORS OF THE
TECHNOLOGY LICENSING FEES RECEIVED BY IT, WHEN
THE PATENT / KNOW-HOW IS LICENSED BY THE
CORPORATION TO FOREIGN PARTIES.
61
62
NRDC ONLINE PATENT SEARCH FACILITY
• AVAIL OF THIS FACILITY AS AND WHEN NEEDED AGAINST
NOMINAL CHARGES.
• NO INITIAL REGISTRATION FEE.
• COST DEPENDS UPON
• NUMBER OF HITS
• DATABASE ACCESSED
• USAGE TIME
• NO. OF RECORDS DOWNLOADED.
NRDC CHARGES: ACTUAL COST + 20 % OF THIS COST
63
9UNIVERSITY LOOKING TO
COMMERCIALISE IP AND ESTABLISH
R&D PARTNERSHIP
9LOOK NO FURTHER
9NRDC KNOWS HOW SIGNIFICANT
NEW TECHNOLOGY AS A REVENUE
SOURCE FOR UNIVERSITY
9FOR THEM FINDING THE RIGHT
PARTNERS FOR R&D PARTNERSHIP,
STRUCTURING JOINT VENTURES
AND STRATEGIC ALLIANCE WITH
INDUSTRY IS OUR SPECIALITY
64
• MULTIMEDIA INTERACTIVE
TRAINING PACKAGE ON IPR
• ORGANISING AWARENESS
SEMINARS AT NOMINAL
COST
• ADVANCED TRAINING
PROGRAMMES AS PER
SECTOR SPECIFIC NEEDS
65
This multimedia interactive guide has hours of
rich media… video,audio, graphics, animation
and over ten thousand pages of textual
information containing complete IPR related
FAQs, Acts, Treaties, Statistics, Case studies….
This mmi package has been developed jointly by
NRDC (National Research Development
Corporation) & Aesthetic Technologies with
support from Department for Scientific &
Industrial Research (DSIR), under the PATSER
Scheme.
Available for sale for
Rs.15,000/- Less Pre-launch Discount : 20%
PLUS Sales Tax @12% + Cess @ 15%on ST Extra
NET PRICE : Rs.13,650/-
NEW
UPDATED
VERSION 2.0
66
TO SUM UP:
•For Online patent searches- worldwide
•to determining the present status of technology
•For taking out patents- Nationally & Internationally
•For protecting your patents
•For commercialising your patents by Industry
67
C M Gaind
Senior Manager (IPR)
IP Consultancy & Management Division
National Research Development Corporation
20-22, Zamrudpur Community Centre
Kailash Colony Extension
New Delhi – 110 048
Tel: (off) : 29231891; Res: 25782609;
Mobile : 09818110076Email:
gaindcm@yahoo.co.in, gaindcm@gmail.com
68
SUCCESS IS MUTUAL CO
SUCCESS IS MUTUAL CO-
-OPERATION
OPERATION
WE CAN’T SPELL “SCCESS”
WE CAN’T SPELL “SCCESS”
WITHOUT “U”
WITHOUT “U”
69
THANK YOU ALL

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IPR_OVERVIEW.pdf

  • 1. 1 OVERVIEW OF IPR SPECTRUM IN INDIA C M GAIND Senior Manager & Head IP Consultancy & Management Division National Research Development Corporation 20-22, Zamrudpur Community Centre Kailash Colony Extension New Delhi – 110 048 e _mail: cmgaind@nrdc.in ; gaindcm@yahoo.co.in Phone: 011-29231891; Mobile: 09818110076
  • 2. 2
  • 3. 3 A CLASS OF PROPERTY EMINATING FROM THE ACTIVITIES OF THE HUMAN MIND HISTORICALLY HISTORICALLY z PATENTS FOR INNOVATIONS z DESIGNS FOR INDUSTRIAL DESIGNS z TRADEMARKS FOR MARKETING A PRODUCT COLLECTIVELY KNOWN AS INDUSTRIAL PROPERTY THESE THREE FORM OF INDUSTRIAL PROPERTY TOGETHER WITH z COPYRIGHT IN LITERARY WORK FORM INTELLECTUAL PROPERTY INTELLECTUAL PROPERTY NOW USED TO INCLUDE ALL PROPERTY RESULTING FROM EXERCISE OF HUMAN MIND
  • 4. 4 INDIAN PATENTS ACT 1970 THE COPYRIGHT ACT 1957 as amended in 1999 TRADEMARKS ACT 1999 THE DESIGN ACT 2000
  • 5. 5 CD PLAYER Industrial design protection for 3D shape Brand name- registered under trademark Music played on the CD player is protected by copyright Various technical parts & mechanisms are subject mater of protection under Patents
  • 6. 6 IMPORTANCE OF IPR GATHERED MOMENTUM AS A PART OF URUGUAY ROUND OF MULTILATERAL TRADE NEGOTIATIONS UNDER GATT OVER THE PERIOD OF 1986 TO 1994 TRADE RELATED ASPECTS OF INTELLECTUAL RIGHTS (TRIPS) - A KEY COMPONENT OF FINAL ACT OF URUGUAY ROUND WORLD TRADE ORGANISATION (WTO) SET UP ON 1ST JANUARY 1995 AS THE ACTIVITY OF WORLD TRADE ORGANISATION PROGRESSED - REALISATION - SIGNIFICANT OPPORTUNITIES FOR EXPLOITATION - IMPORTANCE OF TRIPS
  • 7. 7 CH 2 WITH EVER-ADVANCING “WAVEFRONT” OF SCIENCE & TECHNOLOGY NEWER FORMS OF PROTECTION ARE EMERGING SUCH AS
  • 8. 8
  • 9. 9
  • 10. 10 What is PATENT ? A PATENT IS A RIGHT GRANTED BY THE GOVERNMENT WHICH CONFERS ON THE PATENTEE FOR A LIMITED PERIOD THE EXCLUSIVE PRIVILEGE OF MAKING, SELLING, OFFERING FOR SALE, IMPORTING, DISTRIBUTING AND USING THE INVENTION ( AND ALSO AUTHORISING OTHERS TO DO SO) IN CONSIDERATION OF HIS DISCLOSURE OF INVENTION
  • 11. 11 What is PATENT ? A MONOPOLY RIGHT* GRANTED BY THE CENTRAL GOVT.TO THE APPLICANT (Subjected to certain Conditions) FOR A LIMITED PERIOD ( 20 Yr) IN LIEU OF FULL DISCLOSURE OF INVENTION Negative right Territorial right * [Monopoly subsists on expiry of term and disclosure goes in public domain for commercial use]
  • 12. 12 What is Invention ? What is Invention ? Section 2(1)(j) Section 2(1)(j) “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 that makes the invention not obvious to a person skilled in the art; “capable of industrial application”, in relation to an invention, means that the invention is capable of being made or used in an industry.
  • 13. 13 PATENTABLE SUBJECT MATTER ™ Invention must relate to a PROCESS or PRODUCT or both. ™ It must be new (novel). ™ INVOLVE INVENTIVE STEP. ™ CAPABLE OF INDUSTRIAL APPLICATION. ™ Fully disclosed in the patent documents & ™ NOT BARRED BY SEC 3,4, & 5 OF THE PATENT ACT.
  • 14. 14 LIFE OF A PATENT ƒ As per Indian Patent Act 1970 ƒ 7 years for Patents in field of Pharmaceutical, Agriculture ƒ 14 years for all other patents ƒ As per Patent(Amendment) Act 2005 : 20 years ƒ Has to be renewed after every year Who are beneficiaries of patent grant? ƒ The inventor secure from competition, can exploit the invention for his gain ƒ The public invention becomes public knowledge, freely available technology after expiry of patent, cheaper and better products become available ƒ The Government economic and industrial growth
  • 15. 15
  • 16. 16 Indian Scenario Industrial design-integral part of consumer culture-rival articles – compete – consumer’s attention Important - grant to an original design - adequate protection Difficult – separate – aesthetics of a finished article – its function As per law – only the aesthetics or design element – registered and protected
  • 17. 17 Examples The design of teacup – hollow receptacle for holding tea – a handle to hold cup – functional features – cannot be registered While exporting furniture – the design – not Registered – country of export – exporter - Unnecessary litigation –claims for damages Conversely – furniture of ethnic design – Exported – design – original design – Worthwhile to register – country of export – Not imitate –deprive inventor of design – Commercial benefits of his design
  • 18. 18 DESIGN ACT 2000 Design Act 1911 replaced by Design Act 2000 to comply with TRIPS requirements To be administered by the Controller General of Patents, Designs and Trademarks Design office at Kolkata or at at the branch offices of the Patent Office in Delhi, Mumbai and Chennai
  • 19. 19 Design (Definition) As per sec 2(d): Only the features of shapes, configuration, pattern, ornamentation or composition of lines or colours Applied to an article In two or three dimensional or both forms Applied by any industrial process or means (manual, mechanical or chemical) separately or by a combined process Which in the finished article appeals to and judged solely by the eye But does not include any mode or principle of construction or anything – mere mechanical device Also does not include any trade mark or any artistic work
  • 20. 20 A design shall not be registered if the design: ™is not new or original not new or original; or ™ ™has been disclosed to the public has been disclosed to the public any where in India or in any other country by publication in tangible form or by use or in any other way prior to the filing date, or where applicable, the priority date of the application for registration; or ™is not significantly distinguishable not significantly distinguishable from, known designs or combination of known designs; or ™ ™comprises or contains scandalous or obscene matter comprises or contains scandalous or obscene matter. Prohibition of Registration of Certain Design Prohibition of Registration of Certain Design
  • 21. 21 Copyright on Registration (sec 11) On registration – the registered proprietor – copyright in the design - for a period of 10 years Renewal possible – further period of 5 year Not renewed – liable to lapse
  • 22. 22
  • 23. 23 Trade Mark/Service Mark ƒ Word ƒ Letter ƒ Numerical ƒ Abbreviation of Names ƒ Device Names ƒ Signature ƒ Photograph of a Person ƒ Combination of all
  • 24. 24 Term of Registration ƒ 10 years initially from the Date of Application ƒ Thereafter can be renewed perpetually
  • 25. 25 Protection : Why Necessary ? ƒ Because it is a source of identification of goods/services ƒ Because to get Trade mark know and respected requires considerable investment and usually quite a period of time
  • 26. 26 Role & Function ƒ Origin Function : “Brook Bond” – tea originating from Company – manufacturing tea and marketing under that mark ƒ Quality Function : The quality of tea sold under mark “Brook Bond Tea” – different – tea labeled with mark “Taj Mahal” ƒ Distinguishing Function : The trade Mark “Sony” – associated – electronic goods – particular excellent quality – distinguishing – products of Sony’s competitors ƒ Graphical Representation : an image – product – minds of public, The mark “M” – stands for – food items - the American fast food chain MACDONALD –reputation for food items – offered for sale – in the market
  • 27. 27 Registration : Is it Compulsory ? ƒ Not compulsory to register a Trade Mark ƒ However only registered Trade Mark - protected - Trade Mark Act 1999 - the owner - take legal action - infringer ƒ Renewable every 10 years
  • 28. 28
  • 29. 29 Characteristics of Copyright Creation of Statue – No such thing as common law copyright; no copyright – any work except – section 16 Form of Intellectual Property – product over which right – granted e.g. literary work – result of utilisation and investment of intellect. Monopoly Right – monopoly right – restraining others. Negative Right – Prohibitory in nature; prevent others – copying/reproducing the work. Multiple Rights –Not a single right; bundle of different rights; in case of Litrary work – the right of reproduction; the right of dramatic and cinematographic versions; the right of translation, adaptation and many more Neighbouring Rights – Copyright – not merely – right to reproduction, consist of rights to the works derived from the original work – rights like right of public performance, the recording right and the broadcasting right etc
  • 30. 30 Rights given by law to creators for literary, dramatic or musical works, artistic work and producers of cinematographic films and sound recording. Ensures certain minimum safeguards of rights of authors over their creations thereby protecting and rewarding creativity Unlike patents, copyright protects the expression and not ideas, no copyright in an idea Copyright
  • 31. 31 Section 14 of Act defines the term copyright to mean exclusive right to do or allow others to do certain acts in relation to : „ Original literary, dramatic or musical works not being a computer programme „ Computer programme „ Artistic works „ Cinematographic film and „ Sound recording Protection includes: a) Right to claim authorship of a work. b) Right to oppose changes to it that could harm the creator’s reputation. Copyright…contd
  • 32. 32 Author: person who creates the work for a literary or dramatic work; composer for a musical work, the producer for a cinematographic work and a sound recording; the photographer for a photograph but in case of contractual work – the employer in absence of any agreement to the contrary A bundle of rights including inter alia, rights of reproduction, communication to public, adaptation and translation of work Assignable, Moral rights still available to stop distortion, mutilation, modification prejudicial to his honour and reputation
  • 33. 33 Main Features of Copyright Act 1957 Creation of Copyright Office and a Copyright Board Definitions various categories of work and the scope of rights Provisions to determine the first ownership of copyright Term of copyright Provisions relating to the ownership of and licensing of copyrights Provisions relating to performing rights of or by societies Broadcasting rights International Copyright Definitions of infringement Civil and criminal remedies against infringement India – Member of both Bern Convention and the Universal Copyright Convention, amended its Copyright Act of 1957 in 1983, 1984, 1992, 1994 and 1999
  • 34. 34 Copyright – Protection in Form and not in Idea No copyright in ideas Only in the material form to which the ideas are translated Literary work: words chosen by the author to express his ideas – peculiar to himself; no two descriptions of the same idea/fact can be in same words The order and arrangement of each man’s word – singular as his countenance It is the form – a particular idea, which is translated that is , protected
  • 35. 35
  • 36. 36 Indian Scenario In respect of any agricultural goods, natural goods, manufactured goods including food stuff, goods of any handicraft – no specific Law governing geographical indications of such goods Under TRIP, no country under obligation to extend protection – unless – GI protected in the country of its origin India required to offer protection imported from other countries Necessary to have a comprehensive legislation for registration – providing adequate protection for geographical indications; hence the bill
  • 37. 37 ACT 48 of 1999 The Geographical Indications of Goods (registration and Protection) Bill, 1999 was introduced After having passed by both the houses of Parliament in December 1999 received the assent of the President. Came on the statute Book as THE GEOGRAPHICAL INDICATIONS OF GOODS (REGISTRATION AND PROTECTION) ACT, 1999 To be administered by the Controller General of Patents, Designs and Trademarks – Registrar of Geographical Indications The Geographical Indications Registry at Chennai
  • 38. 38 Geographical Indication (Definition) As per sec 2(e): An indication which identifies such goods as agricultural goods, natural goods or manufactured goods as Originating or manufactured in the territory of country, or a region or locality in that country Where a given quality, reputation or other characteristics of such goods Essentially attributable to its geographical origin And in case where such goods are manufactured goods One of the activities of either production or of processing or preparation of goods concerned Takes place in such territory, region or locality as the case may be
  • 39. 39 What does it Imply An indication or appellation of origin Used to identify agricultural, natural or manufactured goods originating in the said area Originates from a definite territory in India Should have a special quality or characteristics or reputation based on the climatic or production characteristics unique to the geographical location
  • 40. 40 Duration of Registration (sec 18) The registration – for a period of 10 years Renewal possible – further periods of 10 years each Not renewed – liable to be removed from the register
  • 41. 41
  • 42. 42
  • 43. 43 NRDC IS UNIQUE: A PUBLIC SECTOR ENTERPRISE WHOLLY DEDICATED TO COMMERCIALISING NEW TECHNOLOGIES NATIONAL RESEARCH DEVELOPMENT CORPORATION NATIONAL RESEARCH DEVELOPMENT CORPORATION [A Govt. Of India Enterprise ] [A Govt. Of India Enterprise ]
  • 44. 44 ACTIVITIES OF NRDC ) TECHNOLOGY EVALUATION ) IPR MANAGEMENT & CONSULTANCY ) CARRYING OUT STRUCTURED INTERNATIONAL PATENT SEARCHES ) CARRYING OUT MARKET SURVEYS & PREPARATION OF FEASIBILITY / PROJECT REPORTS ) IDENTIFYING APPROPRIATE TECHNOLOGY FUNDING ORGANISATION / PARTNER ( SYNDICATING PROJECT FUNDING ) ) PREPARATION OF COMPREHENSIVE KNOW HOW DOCUMENTS ) IDENTIFYING SUITABLE INDUSTRY FOR LICENSING OF KNOW HOW ) DISSEMINATING INFORMATION ON NEW TECHNOLOGIES THROUGH MEDIA / INTERNET ) TECHNO COMMERCIAL SUPPORT TO NRDC LICENSEES FOR MARKETING THEIR PRODUCTS IN INDIA & ABROAD ) EXPORT OF TECHNOLOGY & SETTING UP TURNKEY PROJECTS ABROAD
  • 45. 45 ACTIVITIES OF NRDC ( Contd..) ) PROVIDING TECHNICAL CONSULTANCY ON IPR MATTERS FOR ) PATENT INFRINGEMENT CASES ) FORMULATING IPR POLICY FOR R & D INSTITUTIONS / UNIVERSITIES / LARGE INDUSTRIES ) EVOLVING STRATEGIES FOR FILING FOREIGN PATENTS ) LEGAL ASSISTANCE TO R & D ORGANISATIONS / UNIVERSITIES / INDUSTRY IN SETTLEMENT OF IPR DISPUTES, COLLECTION OF ROYALTIES ETC.
  • 46. 46 Š WE CREATE WEALTH FROM FROM YOUR WEALTH OF IDEAS Š FIRST TO SPECIALISE IN THIS EMERGING FIELD Š IP MANAGEMENT AND LICENSING IS OUR MAIN BUSINESS Š WE ARE PROFESSIONALS… „ UNDERSTAND THE BUSINES NEEDS OF INDUSTRY „ BRING RESEARCHERS AND INDUSTRY TOGETHER FOR WIN-WIN STRATEGY Š OUR EXPERIENCE, OUR KNOWLEDGE, OUR ABILITY HELPS YOU TO MAXIMIZE THE WORTH OF YOUR R&D EFFORTS
  • 47. 47 NRDC IP CONSULTANCY & MANAGEMENT DIVISION helps you with : g g IP Strategy Development IP Strategy Development g g IP Management Policy Formulation IP Management Policy Formulation g g Protecting Core Assets Protecting Core Assets g g Infringement & Enforcement Infringement & Enforcement g g Leveraging IP through Licensing Leveraging IP through Licensing g g IP Awareness Program IP Awareness Program g g Online Indian Patents Databases Online Indian Patents Databases g g Interactive Multimedia Training Package on IPR Interactive Multimedia Training Package on IPR
  • 48. 48 NRDC promotes, protects and support inventions through: • National Patent Protection Scheme • Foreign Patent Protection Scheme • Conducting International Patent Searches
  • 49. 49 Inventor Technical details of invention www.nrdcindia.com Submission to NRDC Novelty assessment through patent search and decision for filing Drafting & Filing Processing with patent office Grant “Patent, Publish and Prosper” rather than “Publish, or Perish” Letter Document Interaction with Patent attorney
  • 50. 50 •Consult NRDC on Patentability •NRDC will help you draft the Patent application •NRDC will help you file your application through reputed lawyers and provide you continued support till patent is granted. •Don’t Publish before assessing Patentability
  • 51. 51
  • 52. 52 NUMBER OF PATENT APPLICATIONS FILED BY NRDC IN INDIA YEAR INDIVIDUALS DRDO,DBT, R&DINSTTS. IIT/ UNIV. TOTAL PATENT GRANTED 1991-92 16 5 - 21 20 1992-93 19 12 7 38 35 1993-94 32 12 3 47 40 1994-95 23 54 1 78 53 1995-96 29 53 1 83 17 1996-97 35 90 1 126 15 1997-98 30 64 7 101 21 1998-99 35 44 16 95 16 1999-00 30 64 16 95 4 2000-01 20 92 - 112 - 2001-02 31 52 5 88 -
  • 53. 53 INDIAN PATENT APPLICATIONS FILED BY NRDC FOR UNIVERSITIES & IITs TITLE APPLICANT PROCESS FOR INCREASE IN PRODUCTIVITY OF OIL WELLS UNIVERSITY OF BOMBAY NEW CONDUCTING CARBON FILMS OBTAINED THROUGH PYROLYSIS INDIAN INSTITUTE OF SCIENCE BANGALORE SOLAR HONEYCOMB INSULATED WATER HEATER INDIAN INSTITUTE OF TECHNOLOGY, NEW DELHI PROCESS FOR MICROBIAL PROTEASE PRODUCTION INDIAN INSTITUTE OF TECHNOLOGY, KHARAGPUR THERMOSTABLE PROTEASE ENZYME INDIAN INSTITUTE OF TECHNOLOGY, KHARAGPUR A PROCESS FOR PREPERATION OF SUBMICRON SIZED CERAMIC POWDERS INDIAN INSTITUTE OF TECHNOLOGY, KHARAGPUR
  • 54. 54 INDIAN PATENT APPLICATIONS FILED BY NRDC FOR UNIVERSITIES & IITs TITLE APPLICANT A TARGETTED DRUG DELIVERY CARRIER UNIVERSITY OF DELHI SOUTH CAMPUS, NEW DELHI A PROCESS FOR TREATMENT OF FLYASH INDIAN INSTITUTE OF TECHNOLOGY, KHARAGPUR INORGANIC SUPPORTED POLYMERIC CATALYSTS UNIVERSITY OF BOMBAY, MUMBAI NEGATIVE PHOTORESIST AND A PROCESS THEREFOR UNIVERSITY OF DELHI, DELHI A DAMPING DEVICE BHAVNAGAR UNIVERSITY, BHAVNAGAR HYDROXYAPATITE COATED TITANIUM DENTAL IMPLANT FOR SINGLE TOOTH REPLACEMENT JADAVPUR UNIVERSITY, CALCUTTA
  • 55. 55 INDIAN PATENT APPLICATIONS FILED BY NRDC FOR UNIVERSITIES & IITs TITLE APPLICANT SPLIT TABLE – ATM MULTICAST SWITCH INDIAN INSTITUTE OF TECHNOLOGY, KANPUR AN IMPROVED PROCESS AND INSTRUMENT FOR MOISTURE MEASUREMENT UNIVERSITY OF PUNE, PUNE A CLOCK CONTROL SUN TRACKING SYSTEM INDIAN INSTITUTE OF TECHNOLOGY, KHARAGPUR A PROCESS FOR THE DETECTION OF MYCOBACTERIUM TUBERCLOSIS ANTIGENS JAWAHARLAL NEHRU UNIVERSITY, NEW DELHI DIAMOND LIKE CARBON FILMS USING DENSE PLASMA FOCUS DEVICE UNIVERSITY OF DELHI, DELHI PROCESS FOR CONVERSION OF AGRO BYPRODUCTS TO RIBOFLAVIN (B12) INDIAN INSTITUTE OF TECHNOLOGY, CHENNAI
  • 56. 56 FOREIGN PATENT APPLICATIONS FILED BY NRDC TITLE COUNTRIES PROCESS FOR PREPARATION OF HIGHLY MONODISPERSED POLYMERIC HYDROPHILLIC NANOPARTICLES (DELHI UNIV.) EPO*,USA, JAPAN A CLONING VECTOR AND A PROCESS FOR PREPARATION THEREOF (DELHI UNIV.) EPO , USA, JAPAN SPERMICIDAL AGENT FROM NEEM (DIPAS) EPO, USA BIOLOGICAL ACTIVE MATERIAL & SPERMICIDAL AGENT FROM NEEM (DIPAS) EPO, USA A NONDESTRUCTIVE MICROWAVE INSTRUMENT FOR MOISURE DETERMINATION (PUNE UNIV.) EPO, USA BIODEGRADABLE PLASTIC FILM AND PROCESS FOR PREPARATION THEREOF (CTCRI) EPO *EPO: European Patent Office
  • 57. 57 FOREIGN PATENT APPLICATIONS FILED BY NRDC TITLE COUNTRIES HEART VALVE ASSEMBLY (SCTIMST) USA, EPO (UK), JAPAN AN IMPROVED PROCESS FOR PRODUCTION OF DRIED ALGAL BIOMASS FROM SPIRULINA (AMMCRC) EPO(UK, ITALY, SPAIN) CANADA, CHINA BANGLADESH, THAILAND INDONESIA, MALAYSIA A DISECTING CUM HAEMOSTAPLING SCISSORS (INDIVIDUAL) UK, USA NEGATIVE PHOTORESIST AND A PROCESS THEREFOR ((INDIVIDUAL) UK, USA, GERMANY, CANADA, JAPAN, AUSTRALIA ,FRANCE & ITALY CELL TYPE AIR HUMIDIFICA-TION SYSTEM FOR INDUSTRIAL PURPOSES (CTAW) (ATIRA) CHINA, MALAYSIA, AUSTRALIA, EPO(UK, GERMANY, ITALY, SWITZERLAND), THAILAND, INDONESIA, USA, HOLLAND, BANGLADESH
  • 58. 58 FOREIGN PATENT APPLICATIONS FILED BY NRDC TITLE COUNTRIES IONO-OXIDATION TECHNIQUE FOR TREATMENT OF INDUS.EFFLUENTS (IONO) (ATIRA) THAILAND, INDONESIA EPO(UK, GERMANY, ITALY, SWITZERLAND), MALAYSIA, USA, CHINA, HOLLAND BANGLADESH, AUSTRALIA NOVEL THROMBOLYTIC AGENT, PROCESS FOR PREPARING SAME (VCRC) EPO(BELGIUM, UK, LIECHTENSTEIN GERMANY ), USA A PROCESS FOR PREPERATION OF CYCLOSPORIN FROM TOLYPOCLADIUM SPECIES (VCRC) EPO(UK), CANADA CHINA, SOUTH KOREA A PROCESS FOR PRODUCING COMPOSITE PARTICLE BOARDS AND BOARDS PREPARED THEREFORM (IPIRI) CHINA, MALAYSIA SRI LANKA, INDONESIA, THAILAND, BANGLADESH, EPO( UK, FRANCE, SPAIN) , AUSTRALIA A THERMOSTABLE PROTEASE ENZYME (IIT,KHARAGPUR) USA A PROCESS FOR PRODUCING A TARGETTED GENE (DU SOUTH CAMPUS) USA
  • 59. 59 • FINANCIAL ASSISTANCE, FOR SECURING PATENTS IN INDIA TO INDIVIDUAL INVENTOR, SCIENTISTS WORKING IN UNIVERSITIES, R&D INSTITUTIONS AND LABORATORIES • 100% OF EXPENSES FOR SECURING A PATENT BORNE BY NRDC • NO OBLIGATION ON SPONSORING ORGANISATION TOWARDS NRDC • PATENT DOCUMENT SENT TO INVENTOR ONCE THE PATENT IS SEALED. • PATENT IS TO BE MAINTAINED BY THE SPONSORING ORGANISATION / • YOU CAN COMMERCIALIZED THROUGH NRDC; IN SUCH CASE MAINTENANCE BY NRDC
  • 60. 60 • UNDER NRDC’S FOREIGN PATENT PROTECTION SCHEME , NRDC RENDERS • FINANCIAL • TECHNICAL • LEGAL ASSISTANCE BY MEETING 50 % OF THE COST OF FOREIGN PATENTING. • IN RETURN, INDUSTRY IS REQUIRED TO PAY TO NRDC A ROYALTY OF 2.5-5% ON THE FOB VALUE OF THE PRODUCTS EXPORTED. • NRDC OFFERS A HALF–SHARE TO THE INVENTORS OF THE TECHNOLOGY LICENSING FEES RECEIVED BY IT, WHEN THE PATENT / KNOW-HOW IS LICENSED BY THE CORPORATION TO FOREIGN PARTIES.
  • 61. 61
  • 62. 62 NRDC ONLINE PATENT SEARCH FACILITY • AVAIL OF THIS FACILITY AS AND WHEN NEEDED AGAINST NOMINAL CHARGES. • NO INITIAL REGISTRATION FEE. • COST DEPENDS UPON • NUMBER OF HITS • DATABASE ACCESSED • USAGE TIME • NO. OF RECORDS DOWNLOADED. NRDC CHARGES: ACTUAL COST + 20 % OF THIS COST
  • 63. 63 9UNIVERSITY LOOKING TO COMMERCIALISE IP AND ESTABLISH R&D PARTNERSHIP 9LOOK NO FURTHER 9NRDC KNOWS HOW SIGNIFICANT NEW TECHNOLOGY AS A REVENUE SOURCE FOR UNIVERSITY 9FOR THEM FINDING THE RIGHT PARTNERS FOR R&D PARTNERSHIP, STRUCTURING JOINT VENTURES AND STRATEGIC ALLIANCE WITH INDUSTRY IS OUR SPECIALITY
  • 64. 64 • MULTIMEDIA INTERACTIVE TRAINING PACKAGE ON IPR • ORGANISING AWARENESS SEMINARS AT NOMINAL COST • ADVANCED TRAINING PROGRAMMES AS PER SECTOR SPECIFIC NEEDS
  • 65. 65 This multimedia interactive guide has hours of rich media… video,audio, graphics, animation and over ten thousand pages of textual information containing complete IPR related FAQs, Acts, Treaties, Statistics, Case studies…. This mmi package has been developed jointly by NRDC (National Research Development Corporation) & Aesthetic Technologies with support from Department for Scientific & Industrial Research (DSIR), under the PATSER Scheme. Available for sale for Rs.15,000/- Less Pre-launch Discount : 20% PLUS Sales Tax @12% + Cess @ 15%on ST Extra NET PRICE : Rs.13,650/- NEW UPDATED VERSION 2.0
  • 66. 66 TO SUM UP: •For Online patent searches- worldwide •to determining the present status of technology •For taking out patents- Nationally & Internationally •For protecting your patents •For commercialising your patents by Industry
  • 67. 67 C M Gaind Senior Manager (IPR) IP Consultancy & Management Division National Research Development Corporation 20-22, Zamrudpur Community Centre Kailash Colony Extension New Delhi – 110 048 Tel: (off) : 29231891; Res: 25782609; Mobile : 09818110076Email: gaindcm@yahoo.co.in, gaindcm@gmail.com
  • 68. 68 SUCCESS IS MUTUAL CO SUCCESS IS MUTUAL CO- -OPERATION OPERATION WE CAN’T SPELL “SCCESS” WE CAN’T SPELL “SCCESS” WITHOUT “U” WITHOUT “U”