Legal and Ethical Issues with Intellectual Copyrights Patents, TRIPS and Geographical Indications

Ethics 1 What is Ethical Behaviour? Fairness, justice, equity, honesty, trustworthiness & equality Fairness, justice, equity, honesty, trustworthiness & equality

Intellectual Property (IP) 2 What is Intellectual Property?: An intangible property created by individuals or organizations, protected under copyright or patent law An intangible property created by individuals or organizations, protected under copyright or patent law Ideas Ideas Music Music Movies Movies Books Books

How Do I Protect my Intellectual Properties? Copyrights Copyrights Trademarks Trademarks Patents Patents

Intellectual Property 3 COPYRIGHT: Statutory grant that protects creators of intellectual property against copying by others for at least 50 years Statutory grant that protects creators of intellectual property against copying by others for at least 50 years Copyright Office registers and enforces law Copyright Office registers and enforces law Protects books, periodicals, lectures, dramas, musical compositions, maps, drawings, artwork, motion pictures Protects books, periodicals, lectures, dramas, musical compositions, maps, drawings, artwork, motion pictures Protects software as a “literary work” Protects software as a “literary work”

Intellectual Property TRADEMARK: A registered trademark or a mark used in relation to goods for the purpose of indicating a connection in the course of trade between the goods and some person having the right as proprietor to use the mark. A registered trademark or a mark used in relation to goods for the purpose of indicating a connection in the course of trade between the goods and some person having the right as proprietor to use the mark.

Intellectual Property A trademark is a distinctive sign which identifies certain goods or services as those produced or provided by a specific person or enterprise. The system helps consumers identify and purchase a product or service because its nature and quality, indicated by its unique trademark, meets their needs. A trademark is a distinctive sign which identifies certain goods or services as those produced or provided by a specific person or enterprise. The system helps consumers identify and purchase a product or service because its nature and quality, indicated by its unique trademark, meets their needs.

Intellectual Property PATENTS: A legal document that grants the owner an exclusive monopoly on ideas behind an invention for years A legal document that grants the owner an exclusive monopoly on ideas behind an invention for years Ensure inventors of new machines, devices and methods receive financial and other rewards Ensure inventors of new machines, devices and methods receive financial and other rewards

Intellectual Property PATENT – PATENTABILITY: An invention can be patented if it is  NOVEL – Must involve INVENTIVE STEP  NON-OBVIOUS to a person “Skilled in the Art”  Must be USEFUL – must have INDUSTRIAL APPLICATION

Elisha Gray (1878) Elisha Gray (1878) (Oberlin College Archives) (Oberlin College Archives) It was later discovered, however, that the apparatus described in Gray's caveat would have worked, while that in Bell's patent would not have. It was later discovered, however, that the apparatus described in Gray's caveat would have worked, while that in Bell's patent would not have. Alexander Graham Bell, three-quarter length portrait, standing, facing right, by window Prints and Photographs Division, Library of Congress. Alexander Graham Bell, three-quarter length portrait, standing, facing right, by window Prints and Photographs Division, Library of Congress.

TRIPS TRIPS: Trade Related Aspects of Intellectual Property Rights. Trade Related Aspects of Intellectual Property Rights.

Geographical Indications It is an indication It originates from a definite geographical territory. It is used to identify agricultural, natural or manufactured goods The manufactured goods should be produced or processed or prepared in that territory. It should have a unique quality or reputation or other characteristics

Examples of possible Indian Geographical Indications. Basmati Rice Darjeeling Tea Kanchipuram Silk Saree Alphanso Mango Nagpur Orange Kolhapuri Chappal Bikaneri Bhujia Agra Petha Goan Kaju Feni

KOLHAPURI CHAPPAL KOLHAPURI CHAPPAL DARJEELING TEA DARJEELING TEA

NAGPUR ORANGE NAGPUR ORANGE AGRA PETHA AGRA PETHA

BENEFITS of GIs It confers legal protection to Geographical Indications in India Prevents unauthorised use of a Registered Geographical Indication by others It provides legal protection to Indian Geographical Indications which in turn boost exports. It promotes economic prosperity of the producers of goods produced in a geographical territory.

Registration is not compulsory Valid for a period of 10 years Can be renewed continuously for further period of 10 years at each subsequent renewals If not renewed it is liable to be removed from the register Can not be assigned, transmitted, licensed, pledged, mortgaged

TRADEMARK (BRANDNAME) Design (Packing Copyright Format + (printed matter & Style) manner of presentation) G.I. PATENT (novel formulation process/combination) TRADEMARK (BRANDNAME) Design (Packing Copyright Format + (printed matter & Style) manner of presentation) G.I. PATENT (novel formulation process/combination) Product

Shri P.H. Kurian, IAS Shri P.H. Kurian, IAS Controller General of Patents, Designs & Trade Marks Bhoudhik Sampada Bhavan, Near Antop Hill Head Post Office, S.M. Road, Antop Hill, Mumbai , Phones : , Fax : Web site : Controller General of Patents, Designs & Trade Marks Bhoudhik Sampada Bhavan, Near Antop Hill Head Post Office, S.M. Road, Antop Hill, Mumbai , Phones : , Fax : Web site :