1. Overview of Intellectual Property Rights and Their Role in Technology Transfer T.C. James Director National Intellectual Property Organisation

2. Objective To present General introduction to the concept of IPRs Different Kinds of IPRs Role of IPRs in Technology Transfer 2tcjames@nipo.in

3. INTRODUCTION TO INTELLECTUAL PROPERTY RIGHTS 1 3tcjames@nipo.in

4. Intellectual Property Right Right A thing one may legally or morally claim The state of being entitled to a privilege, immunity or authority to act.  E.g. Fundamental Rights; Right to Natural Justice 4tcjames@nipo.in

5. Intellectual Property Right Property Something owned Right to Possession, Use, etc. Two Important Features  Owner of the Property May Use it as He wishes  Nobody else can lawfully use his Property without his authorization 5tcjames@nipo.in

6. Intellectual Property Right Intellectual Relating to the Intellect Intangible 6tcjames@nipo.in

7. Kinds of Property Movable Property  E.g. Car, Pen, Furniture, Dress Immovable Property  E.G. Land, Building Intellectual Property  Creations of the Human Mind/Intellect 7tcjames@nipo.in

8. Scope of IPRs - 1 Rights relating to  Literary, Artistic and Scientific Works  Performances of performing artists, phonograms, and Broadcasts  Inventions in all fields of human endeavour  Scientific Discoveries  Industrial Designs 8tcjames@nipo.in

9. Scope of IPRs - 2  Trademarks, Service marks and Commercial Names and Designations  Protection Against Unfair Competition  And all Other Rights resulting from Intellectual Activity in the Industrial, Scientific, Literary or Artistic Fields. 9tcjames@nipo.in

10. Some Mythology, Some History 1 Eklavya Story from the Mahabharat 1407: Venice Patent Law Saint Columba, Abbot Finnian and King Dermont “To every cow her calf and consequently to every book its copy.” 1529 Act of Henry VIII: System of Privileges fro printing books 10tcjames@nipo.in

11. Some Mythology, Some History 2 1709: Statute of Anne “Mother of all copyright Laws” Potters’ Marks used to identify the source of fired clay pots 3500 years ago Trademark Law in early 17 th century in England 11tcjames@nipo.in

12. International Protection Paris Convention for the Protection of Industrial Property 1883 Berne Convention for the Protection of Literary and Artistic Works 1886 TRIPS: Agreement on Trade Related Aspects of Intellectual Property Rights 1994 12tcjames@nipo.in

13. IPRs in TRIPS Copyrights and Related Rights Trademarks Geographical Indications Industrial Designs Patents Lay-out Designs (Topographies) of Integrated Circuits Trade Secrets Fair Competition 13tcjames@nipo.in

14. Rationale Principle of Natural Justice  Creator has a right to economic reward  Creator has a right to control the use of his creation Evolution of Society, economy and technology necessitated a transparent system 14tcjames@nipo.in

15. Basic Principle Contract between creator and sovereign state Balance between rights of creator and public interest 15tcjames@nipo.in

16. Art. 27 of Declaration of Human Rights 1. Everyone has the right to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits 2. Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author. 16tcjames@nipo.in

17. DIFFERENT KINDS OF INTELLECTUAL PROPERTY RIGHTS 2 17tcjames@nipo.in

18. Two Branches of IPRs Copyright and Related Rights Industrial Property Rights 18tcjames@nipo.in

19. Copyright? Copyright is a legal term describing rights given to creators of original literary and artistic works 19tcjames@nipo.in

20. Works Protected Literary works  Novels, poems, plays, reference works, newspapers, computer programmes  Databases  Advertisements, maps and technical drawings Artistic works  Paintings, drawings, photographs, sculpture  Architectural works Films Musical compositions, choreographic works 20tcjames@nipo.in

21. Rights Economic Rights: Exclusive right to authorise or prohibit in respect of a work  Reproduction in various forms, such as printed publication or sound recording  Public performance as in a play or musical work  Recordings such as in a CD or VCD or DVD  Broadcasting by radio or television or satellite or cable or Internet  Translation  Adaptation e.g. a novel into a screenplay Moral Rights: Right of authorship and integrity 21tcjames@nipo.in

22. Related Rights Rights of performing artists in their performances Producers of sound recordings in their recordings Broadcasting organisations in their broadcasts 22tcjames@nipo.in

23. Law The Copyright Act, 1957 as last amended in 1999 Term of Protection: life of the author plus 60 years 23tcjames@nipo.in

24. Patents A patent is an exclusive right granted for new (novelty) invention (inventiveness), which is a product or a process that provides a new way of doing something, or offers a new technical solution to a problem which has an industrial application (utility) 24tcjames@nipo.in

25. Patent Protection The invention cannot be commercially made, used, distributed or sold without the patent owner’s consent. 25tcjames@nipo.in

26. Law The Patents Act, 1970 as last amended in 2005 Term of protection 20 years. 26tcjames@nipo.in

27. Industrial Designs An industrial design is the ornamental or aesthetic aspect of an article. The design may consist of three-dimensional features such as the shape or surface of an article, or of two- dimensional features such as patterns, lines or colour. It must appeal to the eye. 27tcjames@nipo.in

28. Industrial Design Protection Design must be new or original Right to prohibit others from copying or applying the design without owner’s permission Known variously as Design right, copyright or patent 28tcjames@nipo.in

29. Design Law The Designs Act, 2000 Period of protection 10 years extendable by another 5 years 29tcjames@nipo.in

30. Trademark A trademark is distinctive sign which identifies certain goods or services s those produced or provided by a specific person or enterprise. Trademarks may be one or a combination or words, letters, and numerals; may consist of drawings, symbols, 3-dimensional signs such as the shape and packaging of goods, audible signs such as music or vocal sounds, fragrances or colours used as distinguishing features 30tcjames@nipo.in

31. Right Law gives exclusive right to the owner to use it or authorise its use by others 31tcjames@nipo.in

32. Trade Mark Law The Trade Marks Act, 1999 Term of protection: 10 years renewable indefinitely 32tcjames@nipo.in

33. Geographical Indications (GIs) Indications of natural, agricultural or manufactured goods from a particular area which have certain quality or reputation or other characteristic which can essentially be attributable to their geographical origin. Eg. Darjeeling Tea, Alphonso mango 33tcjames@nipo.in

34. GI Right Exclusive right to the use of the Geographical Indications. 34tcjames@nipo.in

35. GI Law The Geographical Indications of goods (Registration and Protection) Act, 1999. Term of Protection: 10 years renewable ad nauseum. 35tcjames@nipo.in

36. The Semiconductor Integrated Circuits Layout-Design “Layout-design” means a layout of transistors, and other circuitry elements and includes lead wires connecting such elements and expressed in any manner in a semiconductor integrated circuit. 36tcjames@nipo.in

37. Registrable lay-out Designs Original Novel Distinctive 37tcjames@nipo.in

38. Right Exclusive use. 38tcjames@nipo.in

39. Law The Semi-conductor Integrated Circuits Lay- out Design Act, 2000. Term of protection: 10 years. 39tcjames@nipo.in

40. THE PROTECTION OF PLANT VARITIES AND FARMERS’ RIGHTS 1 Registrable varieties and criteria:  New Varieties  Novelty, Distinctiveness, uniformity and stability  Extant varieties  Distinctiveness, uniformity and stability 40tcjames@nipo.in

41. THE PROTECTION OF PLANT VARITIES AND FARMERS’ RIGHTS 2 Persons who can Register  Breeders, farmers, universities, agricultural institutes 41tcjames@nipo.in

42. THE PROTECTION OF PLANT VARITIES AND FARMERS’ RIGHTS 3 Right Exclusive right to produce, sell, market, distribute import or export the variety 42tcjames@nipo.in

43. THE PROTECTION OF PLANT VARITIES AND FARMERS’ RIGHTS 4 Law The Protection of Plant Varieties and Farmers’ Rights Act, 2001 Period of protection  15 years for annual crops  18 years for trees and vines 43tcjames@nipo.in

44. Trade Secret "Trade secret" means information, including a formula, pattern, compilation, program, device, method, technique, or process, that:(i) derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use, and(ii) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.(UTSA of US) 44tcjames@nipo.in

45. When Trade Secrets are preferred? When invention is not patentable When longer period of protection is desired – Patent protection is limited to 20 years, when secret can be kept beyond that period When cost of patent protection are prohibitive When it is difficult to reverse engineer. 45tcjames@nipo.in

46. ROLE OF INTELLECTUAL PROPERTY RIGHTS IN TRANSFER OF TECHNOLOGY 3 46tcjames@nipo.in

47. Transfer of Technology Assignment of technological intellectual property, developed and generated in one place to another through legal means such as technology licensing or franchising 47tcjames@nipo.in

48. TRIPS and Technology Transfer Art. 7: IPRs should contribute to the transfer and dissemination of technology Art. 8: Measures be taken to prevent abuse of IPRs including practices that adversely affect the international transfer of technology Art. 40: Provisions to prevent anticompetitive practices in contractual licences Art 66.2: Obligations of developed countries to provide incentives to their enterprises to promote technology transfer to LDCs. 48tcjames@nipo.in

49. Changing Profile of IP Owners Individual Innovators vs. Corporate Technology Owners Corporatization of IPRs 49tcjames@nipo.in

50. Technology Transfer: An Investment Transfer of Technology an Investment Decision Investors – Are Guided by economic rationale of Maximum Returns – Do not want expropriation of the technology – Will try to prevent competition. 50tcjames@nipo.in

51. Accessing Technology Technology available free on Internet but very few firms take them up for fear of competitors also doing so Sometimes low level of IP protection is used by governments when domestic firms are not compete with large TNCs – They use reverse engineering to produce the new products – Eg. Pharmaceutical industry of India between 1970 and 2005. Post TRIPS this is not possible 51tcjames@nipo.in

52. Role of IPRs in Technology Transfer IPRs are Critical for Investors Guarantee against Misappropriation – A US survey of 1988 showed 42 % firms (high technology) considered patents very important and 27 % moderately important in technology transfer. Easiness in transfer of technology because of legal certainty Other Factors like general economic environment, capacity of domestic firms to absorb technology, market conditions also important. 52tcjames@nipo.in

53. Thank You E-mail : tcjames@nipo.intcjames@nipo.in