Intellectual Property Rights

CONCEPT OF PROPERTY
Natural object becomes a resource when it satisfies a human want A resource possessed and owned becomes a property Generally property is linked physical objects (tangible) viz house, land, vehicle, gold

Such tangible assets are protected by legal rights linked to ownership and possession of an item (Tangible: related to physical objects)

What is intellectual property ?

Creation of Human Mind

INTELLECTUAL PROPERTY
It is the PROPERTY CREATED BY APPLICATION OF HUMAN MIND
Intangible (non-physical) in naturederives value from ideas There is no uniform definition of IP

In knowledge age, IP is a key to techno-economic growth

7 MAIN IP INSTRUMENTS
Patents
Trademarks, Trade Names & Services Marks Geographical Indications Industrial Designs Layout-designs of Integrated Circuits

Trade Secrets
Copyrights And Related Rights

IP UBIQUITOUS IN LIFE
Articles of food, furniture, clothing, textiles, cosmetics, pharmaceuticals, entertainment gadgets, machinery, books, etc. are all IP protected.
Domain of IP is ever expanding with advent of Technology and Globalization : GI, IC topography are new additions, TK/Biodiversity are likely additions

RATIONALE BEHIND IP
The creative activity culminating in IP is necessary for socio-economic progress
Material incentives and rewards encourage

greater creative activity

IP rights grant monopoly to ensure rewards The interests of owner and society are

balanced by limiting periods of monopoly with obligation to disclose and remedies against abuse of rights

Disclosure brings knowledge in public domain

NATURE OF IPRs
Essentially negative rights to stop others from copying or counterfeiting

In patents, being first with an invention pre-empts any right of another making same invention independently. In copyrights, the right is diluted as right is over the form of expression and not over idea.
IPRs being statutory rights are legally enforceable.

They are territorial in nature.

PATENT: WHAT IS IT?

It is a limited right granted by the state to an inventor in respect of an invention to exclude any other person from practicing the invention
i.e. manufacturing, using or selling the patented product or from using the patented process, without due permission.

Patents

WHAT CAN BE PATENTED?

Inventions in all fields of technology, whether products or processes, if they meet the criteria of
Being patentable subject matter;
Novelty;

Non-obviousness (inventive step);

Industrial application (utility).

Conditions of Patentability
Novelty: Invention not known to public

prior to claim by inventor

Inventive Step: Invention would not be

obvious to a person with ordinary skill in the art

Industrial Application: Invention can be

made or used in any useful, practical activity as distinct from purely intellectual or aesthetic one

SOME EXCLUSIONS FROM PATENTABILITY

Naturally occurring substances/elements;
Diagnostic, therapeutic and surgical methods of treatment of humans or animals;

Plants and animals other than -organisms;

Essentially biological processes for production of plants or animals;

Inventions whose use is contrary to public order or morality.

Ideas, methods for business, playing games,

performing mental acts.

PATENT: SPECIAL REQUIREMENT

Disclosure of invention
Sufficiently clear and complete so that a person skilled in the art can carry out the invention. A country may require the best mode for carrying out the invention to be disclosed.

Technology Transfer
Patent can promote economic

development:
Patent information facilitate technology transfer and foreign direct investment Patents encourage R&D at universities and research centers Patents stimulate new technologies and industries Patents facilitate the licensing of technology

US Patent for Turmeric

TURMERIC PATENT
Related to wound healing property

of turmeric Is commonly known in India : grant of patent outraged Indians This patent was challenged by way of re-examination at USPTO by CSIR

Prior Art for Turmeric in Urdu

Prior Art - English Translation

TRADEMARK, SERVICE MARK, and TRADE NAME

Distinctive symbols, signs, logos that help consumer to distinguish between competing goods or services. A trade name is the name of an enterprise which individualizes the enterprise in consumers mind.
Legally not linked to quality. In fact, linked in consumers mind to quality expectation.

TRADEMARKS

4711 (Cologne)

TYPES OF MARKS
Well Known Trade Mark
Collective Mark: Proprietor is an

association of persons, which is legally not a partnership origin of goods but certifies the goods as conforming to certain characteristics (quality, ingredients, geographical origin etc.) e.g. ISI, AGMARK, Hallmark etc.

Certification Mark: Does not indicate

Forms of TM
Visual: Words, letters, numerals,

devices including drawings and symbols or 2-D representations of object or a combination of two or more of these, colour combinations or colour per se, 3-D sign as shape of goods or packaging.

Audio: Sounds, Musical Notes Olfactory: Smells

CRITERIA OF TM PROTECTABILITY
Distinctive (basic function):

- inherent (e.g.RIN), or - acquired by usage (e.g. TATA)

Non-deceptive ( to avoid misleading) Not contrary to public order, morality

Special Requirements
A mark is registered for specified classes of goods or services.

What is protected and whats not?

Right to use TM in relation to goods/ services as registered are protected (If

TM consists of several parts, protection is for TM as a whole) Emblems of Intergovernmental Organizations cannot be used as TM.

State Emblems, Official Hallmarks,

What is GEOGRAPHICAL
INDICATIONS

GI ?

Many goods possess their peculiar properties due to their geographical origin.
GI is the best method to indicate the

geographical origin of goods and services.

Many agricultural products (tea, rice); dairy products (cheese), wines and spirits (Champagne) owe their special quality and reputation to their geographical place of growth or processing.

GEOGRAPHICAL INDICATIONS

Paithani weaving

Protection of GI
GI is not owned by a single owner Any producer in the region can use the GI on the product provided it is prepared by the norms set out for the use of that GI. GI is registered in the national register and is similar to the certification mark identifying the origin of the good. Govt. can register GI in the international register maintained by WIPO for world wide protection. It is an offence to use false GI on goods.

What are Industrial Designs?

The ornamental or aesthetic aspect of an article that enhances visual appeal and differentiates product. e.g. 3-D features of shape or surface as of a perfume bottle, 2-D patterns of lines, shapes and colours as on a bed sheet.

Industrial Designs

Criteria for Protection as ID

New and Original
Capable of mass production or application on an article of utility Not contrary to public order or morality

The shape should not be determined merely by the functionality of the good.

Comparison of ID against TM
ID TM Has to be integral Is applied on the part of product product but need not be embodied in it. Should be Should be distinctive original and new
but need not be distinctive

ID, Copyright, Patent

If the article is not mass produced or the design can not be applied on a useful article, the design would be an aesthetic work, protectable under copyright.
Some engineering designs may be sufficiently innovative, protectable as a patent.

ID Protection
Protects commercial exploitation of the design idea through products/articles that embody it or reproduce it and

not the articles themselves.

What is Layout Design?

Layout of transistors and other circuit elements, including lead wires connecting such elements and expressed in any manner in a semiconductor integrated circuit (IC).

Integrated Circuit Layout Designs

Why to protect?
IC Layouts are creations of human

mind; There is lot of investment of time and money in the creation but copying is very cheap; Fertile area with new circuit designs made every day to cater for miniaturization and novel applications.

Why special protection?

There may not be novelty so cannot be

patented; Copyright protection does not return the investments since commercial life of a design is limited.

Protection is against
Act of reproducing a layout design fully

or in parts; Importing, selling or distributing commercially a protected layout design or IC incorporating it.

But identical design created independently by third party is

not prohibited.

Trade Secrets
Some inventions, data, information

cannot be protected by any of the available means of IPRs. Such information is held confidential as a trade secret. Trade secret can be an invention, idea, survey method,manufacturing process, experiment results, chemical formula, recipe, financial strategy, client database etc.

Trade Secret

The best kept secret till date

When Trade Secrets are preferred?

When invention is not patentable; 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

How to guard Trade Secret?

Restricting number of people having access to secret information
Signing confidentiality agreements with

business partners and employees Using protective techniques like digital data security tools and restricting entry into area where trade secret is worked or held National legislations provide protection in form of injunction and damages if secret information is illegally acquired or used.

Copyright
Copyright protects literary and artistic

works

e.g. Books, lectures, dramatic and musical works, choreography, cinematography, drawings, paintings, architecture, sculpture, photographs, illustrations, maps, plans sketches etc. This is automatic right created with the creation of work and no registration is required

Copyright

Rights covered under CR

Moral Rights : Authors right of paternity. Non-alienable.
Economic Rights : Rights to exploit the work. e.g. Rights of translation, rights of performance, rights of reproduction etc. These rights can be transferred, assigned, licensed for economic benefits.

Who are the Authors?

Writer/writers of the book;
Painter; Music composer; Translator; Cinematographer;

Photographer etc.

Duration of Protection
For books and other works of arts it is 50

to 70 years after the death of the author (the laws of different countries vary); For photographic work 25 years from making the work; For cinematic works 50 years after making the work available to public.

Exceptions to Protection (Free Use or Fair Deal)

Quotations for commentary;
Illustration for Teaching;

Current News Reporting

etc.

International Agreements
Paris convention for the protection of

Industrial Property (1883) Berne convention for protection of Literary and Artistic Works (1886) Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) (1994)

Emerging Issues in IPR

Traditional Knowledge and Expression

of Culture (Folklore) Biodiversity and Genetic Resources Electronic Commerce; Internet Domain Names; Protection of databases, software

Thank you!