1. Intellectual property+
INDUSTRIAL PROPERTY
COPY RIGHT
PATENTS
DESIGNS
TRADEMARKS
Geographical Indications
Patents & Designs
Patent Information
P I S
P A T E N T O F F I C E
T r a d e M a r k s R e g i s t r y
GOVERNMENT OF INDIA
Trade Marks
C o p y r i g h t o f f i c e
Copy Right
GIR
Geographical Indications

2. “PATENT”  For every individual improved mechanism
FOR MOST PRODUCTS EVERY FORM OF INTELLECTUAL PROPERTY RIGHTS CAN BE OBTAINED
CAMERA
“PATENT”  For every individual improved mechanism
“DESIGN”  For outer shape & Contour / Configuration
“TRADE MARK” Brand name or Logo for goods denoted as ®
“Copy right” For Instruction / manual booklet denoted as ©

3. CD PLAYER Music played on the CD player is protected by copyright
Industrial design protection for 3D shape
Various technical parts & mechanisms are subject mater of protection under Patents
Brand name- registered under trademark

4. “PATENT”  For every individual improved mechanism
FOR MOST PRODUCTS EVERY FORM OF INTELLECTUAL PROPERTY RIGHTS CAN BE OBTAINED
 Pressure Cooker
“PATENT”  For every individual improved mechanism
“DESIGN”  For outer shape & Contour / Configuration
“TRADE MARK” Brand name or Logo for goods denoted as ®
“Copy right” For Instruction / manual booklet denoted as ©

5. Legislative Measures The Patents Act, 1970 Product Patent
Patent Term of 20 years
Public Health Safeguards
The Trade Marks Act, 1999
Service Marks and Collective Marks
Term increased from 7 years to 10 years

6. Legislative Measures The Designs Act, 2000 The GI Act, 1999
The Copyrights Act, 1957
The Bio-Diversity Act, 2001
The Layouts and Integrated Circuits Act

7. Industrial Designs Electrical JUG
The protection you receive is only for the appearance of the article and not how it works.
Design registration is intended to protect designs which have an industrial or commercial use.
Duration of protection is initially for 10 years and extendable for another term of 5 years.
Designs of stamps, labels, tokens, cards, cartoons, or parts of an article not sold separately, cannot be registered.
Electrical JUG

8. SONY
OLYMPUS
TRADEMARKS
A trade mark is any sign which can distinguish the goods of one trader from those of another. Sign includes, words, logos, pictures, or a combination of these.
A trade mark is used as a marketing tool so that customers
can recognize the product of a particular trader.
To register a trade mark , the mark must be:-
distinctive, and, not deceptive, or contrary to law or morality, and, not identical or similar to any earlier marks for the same or similar goods.

9. TRADEMARKS How to select a Trade Mark ?
1. A word, letter or any combination thereof and simple in design.
2. If it is a word it should be easy to speak, spell and remember.
3. The ideal word for a trade mark is an invented or coined word
4. Words which are laudatory or which directly describes the
character or quality of the goods should not be adopted.
5. Geographical names connected with the reputation or quality of
the goods for which registration is sought should not be adopted.
Are all Trade Marks registrable ?
Not possible to register a mark which is confusing with a trade mark of another trader or a trade mark which describes the character or quality of the goods. The mark should not conflict with a trade mark already registered or pending registration in respect of similar goods.

10. What is GIR
An indication used to identify agricultural, natural or manufactured goods originating from a definite territory in India.
It should have a special quality or characteristics or reputation based upon the climatic or production characteristics unique to the geographical location.
Examples of Geographical Indications in India are Darjeeling Tea, Kanchipuram Silk Saree, Alphonso Mango, Nagpur Orange, Kolhapuri Chappal, Bikaneri Bhujia, etc.
Any association of persons, producers, organization established by or under the law can apply representing & protecting the interests of the producers.
The registration of a Geographical Indication is for a period of ten years.
Renewal is possible for further periods of 10 years each.
A trade mark is a sign which is used in the course of trade and it distinguishes goods or services of one enterprise from those of other enterprises. Whereas a Geographical Indication is used to identify goods having special characteristics originating from a definite geographical territory.

11. GEOGRAPHICAL INDICATIONS
TRIPS provisions- For reciprocal protection ;protection in the country of origin is must.
India did not have such protection with regard to Geographical indication.
Result – cases like Turmeric, Neem and Basmati.
To cover up such situation – Geographical Indication of Goods (Registration and Protection) Act 1999 , passed.
The salient features are:-
Maintenance of register of G.I in two parts – Part A & Part B through computer.
Prohibition of registration of certain geographical indications.
Taking infringement action – by registered proprietor / registered user.
Prohibition of assignment etc. – being public property.
Prohibition of registration of G.I as Trade Mark.
Appeal against Registrar’s decision to IP Board established under the Trade Mark legislation.

12. Law of Patents
Protection part
Enforcement part

13. Protection Part Criteria for Patentability Patents Act specifies
New & useful
Non-obvious
Capable of Industrial Applications
Patents Act specifies
What are not inventions?
What are not patentable inventions?
How to get that monopoly right?

14. Enforcement part Opposition proceedings Licensing provisions
Infringements suit provisions

15. What Does Patent System Do ?
It encourages RESEARCH.
Induces an inventor to disclose his inventions
instead of keeping them as secret.
Provides inducement for capital investment
encouraging technological development.
It encourages establishment of new industries.

16. Advantages Of A Patent To The Public
KNOWLEDGE OF INVENTION ADDS TO
SCIENTIFIC BACKGROUND FORMING
BASE FOR FURTHER RESEACH
REASONABLE ASSURANCE FOR
COMMERCIALIZATION
PATENT- OPEN TO PUBLIC FOR USE
AFTER ITS TERM EXPIRES OR
WHEN IT CEASES TO BE IN FORCE

17. PATENTS A patent is a Monopoly Right granted For an invention
By the government
To the inventor or his assignee
For a limited period
It is valid within the country of grant

18. Patents Not Only For Major Technological Breakthrough
Such As
Ring – pull for cans of beverages
But even for any small ‘ incremental ’ inventions
INDIVIDUALS OR Companies-normally do not clearly recognize the TRUE MARKET VALUE for a particular INVENTION
e.g. Anti theft device for motor cars-wheel clamp
Tetra pack style of cartons for milk & fruit juice

19. Protection Of Intellectual Property In India (Patents, Designs, Trade Marks & Copyrights)
MINISTRY OF COMMERCE AND INDUSTRY
MINISTRY OF HUMAN RESOURSE DEVELOPMENT
DEPT. OF INDUSTRIAL POLICY & PROMOTION
DEPT. OF EDUCATION
COPYRIGHT OFFICE
CONTROLLER GENERAL OF
PATENTS, DESIGNS & TRADE MARKS
PATENT OFFICE
TRADE MARKS REGISTRY
REGISTAR OF COPYRIGHT
GIR
Sr.JOINT CONTROLLER OF PATENTS AND DESIGNS
JOINT REGISTAR OF TRADEMARKS

20. Patent Grant Procedure (In Brief)
Filing of PATENT APPLICATION
EXAMINATION & NOVELTY SEARCH
ACCEPTANCE OR REFUSAL
NOTIFICATION OF “ACCEPTANCE”
IN THE GAZETTE OF INDIA (part III section 2)
OPPOSITION (if any)
GRANT OF A PATENT

22. Patents –Economic Development
Patent system works
--to facilitate Technology transfer ( sony Corpn. By patent license from “WE” patent holder on Transistor)
--as stimulants of R&D at Universities & Research Centres
Optical mirror technology of MIT;stem cell licensing Wisconsin university
--as catalysts of new technologies & new business (Azithromycin)

23. Licensing activity
Licensing is very helpful to small company while dealing with bigger company having leverage in negotiations.
Licensing IP can be tremendously profitable
IBM billion US $
Texas Instruments 500 million US$
Stanford university 36.9 million US$

24. Overview of Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement

25. Outline Introduction Basic principles of TRIPS
Types of Intellectual Property Rights (addressed in the TRIPS agreement)
Overview of the TRIPS agreement
Institutional arrangements
Public policy implications
Provisions relating to developing countries
Conclusion

26. Introduction Brief history of Intellectual Property Rights (IPRs)
Intellectual property rights are the rights given to persons over the creations of their minds. They usually give the creator an exclusive right over the use of his/her creation for a certain period of time
Linkage between Intellectual Property (IP) and trade: broadly through following two premises:
(I) Widespread piracy, counterfeiting and infringements of intellectual property rights constituted a barrier to trade
(II) IPRs transfer agreements

27. Objectives
To reduce distortions and impediments to international trade and take into account the need to promote competent as well as adequate protection of IPRs
To ensure that measures and procedures to enforce IPRs do not themselves become barriers to legitimate trade
To reduce tensions by reaching strengthened commitment to resolve disputes on trade-related IP issues through multilateral procedures
To establish a mutually supportive relationship between the World Trade Organisation (WTO) and World Intellectual Property Organisation (WIPO)

28. Basic principles: national treatment, MFN and balanced protection
Non-discrimination features prominently in TRIPS, similar to GATT and GATS,by following principles of:
National Treatment (Article 3): Equal treatment for foreign and domestic individuals and companies
Most Favoured Nation (Article 4): Equal treatment for nationals of all trading partners in the WTO
TRIPS Agreement has additional important principle: Intellectual property protection should contribute to technical innovation and transfer of technology

29. Relationship between TRIPS agreement and other IP treaties
Respects the standards and complies with the multilateral conventions administered by WIPO
Incorporation of explicit provision of various conventions in WIPO into TRIPS agreement allows WTO panels to interpret them

30. Acquisition and maintenance of IP
Member countries must create office and operate governmental offices for the acquisition and maintenance of IPRs
Procedures for granting and registration of IPR must be reasonable
Member country's law must provide for opposition, revocation and cancellation
Member country may adopt measures to protect public health and the public interest

31. Types of IPRs: Copyright and related rights
Copyright grants exclusive rights to the creator of original scientific, artistic and literary works
‘Original’ is key in defining a work that qualifies for copyright protection
The term of protection
Countries to confine limitations or exceptions to exclusive rights to certain special cases which do not conflict with exploitation of the work and not prejudicial to right holder

32. Trademark
Trademark protects any word, name, logo or device used to identify, distinguish or indicate the source of goods or services
Includes trade dress (the total image and overall appearance of a product) and product configuration (the shape if non functional)
The purpose is to safeguard the integrity of products and to prevent product confusion and unfair competition
The term of protection (initial registration and each renewal of registration of a trademark shall be for a term of no less than 7 years)

33. Geographical Indications (GIs)
GIs are denominations that identify a good as originating in a region or locality, where the reputation and quality of good is essentially attributable to its geographical origin (for example: Darjeeling tea of India)
TRIPS prohibits the use of GIs in such a way as to cause deception and provides for injunctive relief, refusal of trademark registration, etc
Exceptions such as Countries are not obliged to bring a geographical indication under protection, where it has become a generic term for describing the product in question
The term of protection
1. Thus, this definition specifies that the quality, reputation or other characteristics of a good can each be a sufficient basis for eligibility as a geographical indication, where they are essentially attributable to the geographical origin of the good)
GIs aim at identifying and protecting products on the basis of their geographical location. They usually consist of the name of the place of origin. For instance, ‘Tuscany’ for olive oil produced in a specific area of Italy, ‘Darjeeling Tea’ for tea produced in the Darjeeling region of India.
Thus, this definition specifies that the quality, reputation or other characteristics of a good can each be a sufficient basis for eligibility as a geographical indication, where they are essentially attributable to the geographical origin of the good)

34. Industrial designs
Protects the artistic aspect (namely, texture, pattern, shape) of an object instead of the technical features
The term of protection (amount to at least 10 years)
‘Amount to’ allow the term to be divided into two periods (for example two periods of five years)
The third party is prohibited from making, selling or importing articles bearing a design which is a copy of the protected design, when such acts are undertaken for commercial purposes
Exception: optional mandate, if introduced then such exceptions do not unreasonably conflict with the normal exploitation of protected industrial designs and do not unreasonably prejudice the legitimate interests of the owner of the protected design
1. This intellectual property right is applied to a wide variety of products of industry and handicrafts, for instance jewelry, watches

35. Patents
The TRIPS Agreement requires Member countries to make patents available for any inventions, whether products or processes, in all fields of technology without discrimination, subject to novelty, inventiveness and industrial applicability
Invention to be novel,useful and non-obvious
The agreement allows countries to exclude inventions from patentability on following grounds:
Inventions necessary ‘to protect ordre public or morality; including to protect human, animal or plant life or health or to avoid serious prejudice to the environment…’
Both the product as well as the process of creating the product can be patented. For instance, if a person has invented an electric door lock, which is a new innovation, is functional and shows inventive skills, then it can be patented. If the product (lock) is patented, it is a product patent. If the process by which it was created is patented, it is a process patent.
2. One is for inventions contrary to ordre public or morality . this explicitly includes inventions dangerous to human, animal or plant life or health or seriously prejudicial to the environment. The use of this exception is subject to the condition that the commercial exploitation of the invention must also be prevented and this prevention must be necessary for the protection of ordre public or morality
The second exception is that Members may exclude from patentability diagnostic, therapeutic and surgical methods for the treatment of humans or animals (Article 27.3(a)
The third is that Members may exclude 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.

36. Continued..
Diagnostic, therapeutic and surgical methods for the treatment of humans or animals
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
Limited Exceptions
Compulsory Licensing
The term of protection (for a period of 20 years counted from the filing date)

37. Layout-designs of integrated circuits and trade secrets
It refers to mask works (topographies) of the integrated circuits, the stencils used to etch or encode an electrical circuit on a semiconductor chip
Protection conferred to “original” layout-design/topographies
Exclusive rights include the right of reproduction and the right of importation, sale and other distribution for commercial purposes
The term of protection (ten years form the date of first commercial exploitation)

38. Protection of undisclosed information
The protection must apply to information that is secret, that has commercial value because it is secret and that has been subject to reasonable steps to keep it secret
Trade secrets consist of formulae, patterns, process or compilation of information. (for example the formula for a sports drink)
In most countries, they are not subject to registration but are protected through laws against unfair competition

39. Exhaustion of IPR Two main competing theories:
Universal or international exhaustion theory: An IPR holder’s right are exhausted on the first sale of the protected product anywhere in the world
Domestic or territorial exhaustion theory: The right holder’s IP are not exhausted until after the first sale of the product in the territory in which he holds the rights
The resolution of exhaustion issues is left to national laws and there are are no international or customary law norms in this area

40. Main feature of the agreement
Standards: The agreement expresses minimum standards of protection
(I) The subject matter to be protected
(II) The rights to be conferred and permissible exceptions
(III) The minimum period of protection
Enforcement
(I) Provisions for domestic procedure and remedies for the enforcement of the IPRs
(II) Includes general principle applicable to IPR enforcement procedure apart from administrative, civil and criminal procedure available for enforcement of rights of the right holder
Dispute settlement: The agreement further provides for the settlement of disputes over IPR among the member states within the parameters of dispute settlement procedure

41. Institutional arrangements
Council for Trade Related Aspects of Intellectual Property Rights (TRIPS)
Dispute Settlement Body (DSB)
Current Negotiations in special sessions (SS)

42. Provisions relating to developing countries
Transitional arrangements
Developed countries to provide
(I) Incentives for transfer of technology to Least Developed Countries (LDCs)
(II) Technical assistance and financial support to developing countries in preparing laws and regulations on protection and enforcements of IPRs

43. Conclusion
Highly innovative agreement and remains the most comprehensive international agreement on intellectual property till date.
Overall it has worked well, however, it needs to continue to implement wide ranging provisions specially when it touches significant public policy questions

44. 3) Recent and future PCT Developments
Outline
1) What is the PCT?
2) Why use the PCT?
3) Recent and future PCT Developments

45. Context for the PCT: The Paris Convention for the Protection of Industrial Property
Article 19 of the Paris Convention provides for member states to make “special agreements for the protection of industrial property” between themselves
The PCT is one such special agreement

46. Traditional patent systems--based on the Paris Convention12
File
applications
abroad
application
locally
(months)
Local patent application followed within 12 months by multiple foreign applications claiming priority under Paris Convention:
multiple formality requirements
multiple searches
multiple publications
multiple examinations and prosecutions of applications
translations and national fees required at 12 months
Some rationalization: ARIPO, EAPO, EPO, OAPI

47. What is the PCT?
A mainly procedural international treaty facilitating certain steps in the process of obtaining patents internationally
More specifically, the PCT establishes a procedure for the filing and processing of a single application for a patent which has legal effect in the countries which are Treaty members
Simplifies the procedure for obtaining patent protection in many countries, making it more efficient and economical for:
(1) users of the patent system (applicants and inventors); and
(2) patent Offices

48. What is the PCT?
Only for inventions (not for trademarks, nor industrial designs)
The decision on granting patents is made exclusively by national or regional Offices in the national phase--there is no “PCT patent” or “World patent”
Signed in June 1970, in Washington, D.C., and became operational in June 1978 with 18 States
As of 1 March 2007, the PCT has 137 Contracting States
Administered by WIPO, like Paris Convention.

49. (2) Why use the PCT?

50. 1. brings the world within reach
Why use the PCT?
Because, as the cornerstone of the international patent system, it provides a worldwide system for simplified filing and processing of patent applications, which--
1. brings the world within reach
2. postpones the major costs associated with internationalizing a patent application
3. provides a strong basis for patenting decisions
4. is used by the world’s major corporations, universities and research institutions when they seek international patent protection
5. allows you to apply securely and easily online, and to save money by doing so

51. Traditional patent system vs. PCT system
Why use the PCT?
Traditional patent system
vs.
PCT system
Fees for:
--translations --Office fees --local agents
File
applications
abroad
(months) 12
Traditional
Fees for:
--translations --Office fees --local agents
File local application
Enter
national
phase
International
publication
(months)
PCT 12 16 18 22 28 30
File local
application
File PCT
application
International
search report & written opinion
(optional)
File demand for International
preliminary
examination
(optional)
International
preliminary report on patentability

52. (3) Recent and future PCT developments

53. April 1, 2007 Amendments to the PCT Regulations
Effective April 2007:
restoration of the right of priority
applications filed with parts missing
rectification of obvious mistakes
addition of patent documents of the Republic of Korea (KR) to the PCT minimum documentation

54. Working Group on PCT Reform--April 23-27, 2007
Recent PCT Reform WG meeting
Working Group on PCT Reform--April 23-27, 2007
International publication in multiple languages
Supplementary international searches
Use of earlier national search results by Office other than ISA
Swiss proposal re disclosure requirements
Proposed amendments on withdrawals

55. agreement to reduce customs tariffs.
WTO
-The World Trade Organization (WTO) is an international body whose purpose is to promote free trade by persuading countries to abolish import tariffs and other barriers.
-Based in Geneva, the WTO was set up in 1995, replacing another international organisation known as the
General Agreement on Tariffs and Trade (Gatt). Gatt was formed in 1948 when 23 countries signed an
agreement to reduce customs tariffs.
-The highest body of the WTO is the Ministerial Conference. This meets every two years and, among other things, elects the organisation's chief executive - the director-general - and oversees the work of the General Council.

56. Structure
-The WTO’s top level decision-making body is the Ministerial Conference which meets at least once every two years.
-Below this is the General Council which meets several times a year in the Geneva headquarters. The General Council also meets as the Trade Policy Review Body and the Dispute Settlement Body.
-At the next level, the Goods Council, Services Council and Intellectual Property (TRIPS) Council report to the General Council.
-Numerous specialized committees, working groups and working parties deal with the individual agreements and other areas such as the environment, development, membership applications and regional trade agreements.

57. explain WTO affairs to the public and media.
Secretariat
-The WTO Secretariat, based in Geneva, has around 600 staff and is headed by a director-general.
-The Secretariat’s main duties are to supply technical support for the various councils and committees and the ministerial conferences, to provide technical assistance for developing countries, to analyze world trade, and to
explain WTO affairs to the public and media.
The Ministerial Conference
-The Ministerial Conference can take decisions on all matters under any of
the multilateral trade agreements.
-ministerial conferences is handled by three bodies:The General Council, The Dispute Settlement Body and Trade Policy Review Body.

58. Councils for each broad area of trade
• The Council for Trade in Goods (Goods Council)
• The Council for Trade in Services (Services Council)
• The Council for Trade-Related Aspects of Intellectual Property
Rights (TRIPS Council)

59. Principles of working
1. Non-Discrimination: It has two major components: the most favoured nation (MFN) rule, and the national treatment policy.
-The MFN rule requires that a WTO member must apply the same conditions on all trade with other WTO members, i.e. a WTO member has to grant the most favorable conditions under which it allows trade in a certain product type to all other WTO members.2 "Grant someone a special favour and you have to do the same for all other WTO members.
-National treatment means that imported goods should be treated no less favorably than domestically-produced goods (at least after the foreign goods have entered the market) and was introduced to tackle non-tariff barriers to trade (e.g. technical standards, security standards et al. discriminating against imported goods).

60. Most-favoured-nation (MFN):
Treating other people equally under the WTO agreements, countries cannot normally discriminate between their trading partners. Grant someone a special favour (such as a lower customs duty rate for one of their products) and you have to do the same for all other WTO members. This principle is known as most-favoured-nation(MFN) treatment. It is so important that it is the first article of the General Agreement on Tariffs and Trade (GATT), which governs trade in
goods.
National treatment: Treating foreigners and locals equally Imported and locally-produced goods should be treated equally — at least after the foreign goods have entered the market. The same should apply to foreign and domestic services, and to foreign and local trademarks, copyrights and patents.

61. 2. Reciprocity. It reflects both a desire to limit the scope of free-riding that may arise because of the MFN rule, and a desire to obtain better access to foreign markets. A related point is that for a nation to negotiate, it is necessary that the gain from doing so be greater than the gain available from unilateral liberalization; reciprocal concessions intend to ensure that such gains will materialise.
3. Freer Trade Lowering trade barriers is one of the most obvious means of encouraging trade. The barriers concerned include customs duties (or tariffs) and measures such as import bans or quotas that
restrict quantities selectively.
4. Binding and enforceable commitments The tariff commitments made by WTO members in a multilateral trade negotiation and on accession are enumerated in a list of concessions.These schedules establish "ceiling bindings": a country can change its bindings, but only after negotiating with its trading partners, which could mean compensating them for loss of trade. If satisfaction is not obtained, the complaining country may invoke the WTO dispute settlement
procedures.

62. 5. Transparency The WTO members are required to publish their trade regulations, to maintain institutions allowing for the review of administrative decisions affecting trade, to respond to requests for
information by other members, and to notify changes in trade policies to the WTO. These internal transparency requirements are supplemented and facilitated by periodic country-specific reports (trade policy reviews) through the Trade Policy Review Mechanism (TPRM).
6. Promoting Fair Competition The Many of the other WTO agreements aim to support fair competition: in agriculture, intellectual property and services.
7. Safety valves In specific circumstances, governments are able to restrict trade. There are three types of provisions in this direction: articles allowing for the use of trade measures to attain noneconomic
objectives; articles aimed at ensuring "fair competition"; and provisions permitting intervention in trade for economic reasons.

63. 8. Encouraging trade and development The WTO system contributes to development. On the other hand, developing countries need flexibility in the time they take to implement the system’s agreements. And the agreements themselves inherit the earlier provisions of GATT that allow for special assistance and trade concessions for developing countries.

64. How is the WTO different from GATT ?
• The WTO and its agreements are permanent. As an international organization, the WTO has a sound legal basis because members have ratified the WTO agreements.
• The WTO has "members". GATT had "contracting parties", underscoring the fact that officially GATT was a legal text.
• GATT dealt with trade in goods. The WTO covers services and intellectual property, as well.
• The WTO dispute settlement system is faster, more automatic than the old GATT system. Its rulings cannot be blocked.