INTELLECTUAL PROPERTY RIGHTS

INTRODUCTION TO INTELLECTUAL PROPERTY RIGHTS Name :- Hadiyal Alka K. Std:- M.Com. Roll no . 17

What is Intellectual Property? Definition by WIPO Intellectual property (IP) refers to creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce.

An Overview India is a signatory of TRIPs in the Uruguay Round agreement of 1995.It is now bound to amend her existing laws in order to make it to make it TRIPs-compliant. The government has initiated action to bring in the requisite changes. In the last few years, India has enacted fully TRIPs-compliant Trademarks Act, Copyright Act, Designs Registration Act, Geographical Indications Act and Protection of Layouts for Integrated Circuits Act. A novel Plant Varieties Protection and Farmers Rights Act 2001 and the Bio- diversity Act 2002 are also in Place.

TRIPS The TRIPS (Trade Related Aspects of Intellectual Property Rights) Agreement came into being with the establishment of the WTO (World Trade Organization) effective from 1st January, 1995.

WIPO UN organization dedicated to promoting the use and protection of works of the human spirit. Headquarters in Geneva, Switzerland. 185 nations as member states. Manages all IPs. Training through Academy and Seminars

TRIPS – Article 27 Patentable Subject Matter 1. Subject to the provisions of paragraphs 2 and 3, patents shall be available for any inventions, whether products or processes, in all fields of technology, provided that they are new, involve an inventive step and are capable of industrial application. Subject to paragraph 4 of Article 65, paragraph 8 of Article 70 and paragraph 3 of this Article, patents shall be available and patent rights enjoyable without discrimination as to the place of invention, the field of technology and whether products are imported or locally produced.

TRIPS – Article 27 Patentable Subject Matter 2. Members may exclude from patentability inventions, the prevention within their territory of the commercial exploitation of which is necessary to protect order public or morality, including to protect human, animal or plant life or health or to avoid serious prejudice to the environment, provided that such exclusion is not made merely because the exploitation is prohibited by their law. 3. Members may also exclude from patentability (a) diagnostic, therapeutic and surgical methods for the treatment of humans or animals;

(b) plants and animals other than micro-organisms, and essentially biological processes for the production of plants or animals other than non- biological and microbiological processes. However, Members shall provide for the protection of plant varieties either by patents or by an effective sui generis system or by any combination thereof. The provisions of this subparagraph shall be reviewed four years after the date of entry into force of the WTO Agreement. For the purposes of this Article, the terms "inventive step" and "capable of industrial application" may be deemed by a Member to be synonymous with the terms "non-obvious" and "useful" respectively.

What is a Patent ? A patent is a protection given to a patentee for an invention for a limited term by the government for disclosing the invention Right to exclude others from using your invention. Owner has a qualified right to use the invention.

A Patent is… A Conditional grant Balance of Rights and Obligations Subject to other laws of land Granted to owner of invention/ assignee

Patents Act, 1970 What is not Patentable (a)Frivolous, Contrary To Natural Laws (b) Contrary To Public Order Or Morality, Prejudice To Human, Animal Or Plant Life Or Health Or To The Environment; (c) Mere Discovery Of Scientific Principle, Abstract Theory, Living Thing Or Non- living Substances (d) Mere Discovery Of New Form, New Property, New Use Of A Known Process, Machine, Or Apparatus (EFFICACY)

Patents Act, 1970 What is not Patentable (e) Mere Admixture (SYNERGY) (f) Mere Arrangement,Re-arrangement,Duplication of known devices. (g) Omitted (Testing Methods) (h) Method Of Agriculture Or Horticulture; (i) Method Of Treatment. (j) Plants, Animals, Including Seeds Varieties, Species, Biological Processes. Exception: Microorganisms

Patents Act, 1970 What is not Patentable (k) Mathematical Or Business Method Or A Computer Program Per Se Or Algorithms; (l) Literary, Dramatic, Musical Or Artistic Work, Other Aesthetic Work (m) Mere Scheme, Rule, Method Of Performing Mental Act, Playing Game; (n) A Presentation Of Information; (o) Topography Of Integrated Circuits; (p) Traditional Knowledge

Tradmark A trademark, trade mark, or trade-mark is a recognizable sign, design, or expression which identifies products or services of a particular source from those of others, although trademarks used to identify services are usually called service marks. The trademark owner can be an individual, business organization, or any legal entity. A trademark may be located on a package, a label, a voucher, or on the product itself. For the sake of corporate identity, trademarks are often displayed on company buildings.

Trademarks Word Mark Device Marks Collective Marks Certification Marks (Signs, Symbols, Logos) Collective Marks Certification Marks Service Marks

Trademarks Must be graphically represented Must be distinctive / distinguishable Must not be descriptive Must not be deceptively similar to known

Copyrights & Related Rights Copyright is a legal term describing rights given to creators for their literary and artistic works.

Indian Copyright Amendment Bill Copyright - Extension Copyright is a legal right created by the law of a country that grants the creator of an original work exclusive rights for its use and distribution. This is usually only for a limited time. The exclusive rights are not absolute but limited by limitations and exceptions to copyright law, including fair use. A major limitation on copyright is that copyright protects only the original expression of ideas, and not the underlying ideas themselves. Indian Copyright Amendment Bill Passed by Rajya Sabha on 17th May, 2012 Passed by Lok Sabha on 22nd May, 2012

The rapeutic Goods Legislation Amendment (Copyright), 2011 Australia To block frivolous Copyright infringement suits in Pharma / Medicine product inserts.

G.I. (Geographical Indications) Name or sign used on goods originating from specific geographical origin or location and possess qualities, reputation or characteristics that are essentially attributable to that place of origin.

Geographical Indication India, as a member of the World Trade Organization (WTO), enacted the Geographical Indications of Goods (Registration & Protection) Act, 1999 has come into force with effect from 15th September 2003. Geographical Indications of Goods (Registration & Protection) Act, 1999 (Registration & Protection) Rules, 2002

Industrial Designs Ornamental or Aesthetic aspect of an article. 3-D or 2-D features such as shape or surface, patterns, lines or color. Industrial designs are applied to products of industry and handicraft, technical and medical instruments, watches, jewelry, house wares, electrical appliances, luxury items, vehicles, architectural structures, textile designs. Does not protect any technical features of the article to which it is applied to. Khale Sangeeta

Designs Indian Designs Act, 2000 & Rule, 2001 (amended upto 2008). To promote and protect the design element of industrial production. Aimed to enact a detailed classification of design to conform to the international system and To take care of the proliferation of design related activities in various fields.

Organization Structure – IP Offices Ministry of Industry & Commerce Office of the Controller General of Patents, Designs And Trademarks Designs wing (Kolkatta) Patent office ( Kolkata, Delhi, Mumbai, Chennai) Trade Marks Registry ( Kolkatta, Delhi, Mumbai, Ahmadabad Chennai) Geographical Indications Registry ( Chennai) Patent Information Service ( Nagpur)

IP Building at New Delhi

IP Buildings at Kolkata,Delhi and Chennai