Published on February 4, 2014
Scope and Application of IPRs Karan Veer Singh
Intellectual property right is intangible; but it can be used as tangible economic asset once a legal title (IPR) is obtained over such IP.
• Patents • Geographical Indications • Protection of Plant Varieties and Farmer’s Rights − Animal Biodiversity/ Genetic Resources: Access, Benefit Sharing • Copyrights • Trademarks / Collective Marks • Industrial Designs • Trade Secrets • Layout Designs of ICs
What is patent? Right on First Disclosure on an Invention Why Patents? Knowledge Generation Stimulation of Creativity Technology Transfer
Prevents direct copying of invention Prevents others from patenting your inventions Makes competitors find other solutions Enables Patentee to license the invention Enables industry to know about new inventions & make new products Facilitates in locating inventors to seek knowhow Facilitates Technology Transfer
Invention Invention means a new product or process involving an inventive step and capable of industrial application
Discovery Invention Discovery is coming across the things that are already there An invention is something which has been created by Someone *Watson & Crick discovered DNA chain *Marconi invented radio
Agricultural / horticultural method e.g method of cultivation of Algae or Mushroom or animals Business method or software Mere arrangement or re-arrangement of parts of a device each functioning independently of each other. Method of diagnosis, treatmentof humans/animals Invention relating to Atomic Energy.
An invention which is frivolous or which claims any thing obviously contrary to well established natural laws. An invention, the primary or intended use or commercial exploitation of which could be contrary public order or morality or which causes serious prejudice to human, animal or plant life or health or to the environment. The mere discovery of a scientific principle or the formulation of an abstract theory or discovery of any living thing or non living substances occurring in nature.
The mere discovery of any new property or new use for a known substance or of the mere use of a known process, machine or apparatus unless such known process results in a new product or employs at least a new reactant. Any process for the medicinal, surgical, curative, prophylactic, diagnostic therapeutic or other treatment of human beings or any process for a similar treatment of animals to render them free of disease or to increase their economic value or that of their products. Plants and animals in whole or any part there of other than micro organisms but including seeds, varieties and species and essentially biological processes for production or propagation of plants and animals.
A mathematical or business method or a computer programme per se or algorithms A literary, dramatic musical or artistic work or any other aesthetic creation whatsoever including cinematographic works and television productions. A mere scheme or rule or method of performing mental act or method playing game. A presentation of information. Topography of integrated circuits An invention which in effect, is traditional knowledge or which is an aggregation or duplication of known properties of traditionally known component or components
Invention which must Be a new product or process (novel) Have an inventive step (non obvious) Be capable of industrial application Be sufficiently disclosed in the specification
Invention should NOT be Published in India or elsewhere In prior public knowledge or prior public use within India. Claimed before in any specification in India or elsewhere.
A feature of invention that involves technical advancement as compared to existing knowledge or having economic significance or both and that makes invention not obvious to a person skilled in the art.
Invention should be capable of being made or used in an industry to result some tangible technical results.
• A geographical indication is a name or sign used on certain products, which corresponds to a specific geographical location or origin (eg. a town, region, or country). • The use of a GI may act as a certification that the product possesses certain qualities, or enjoys a certain reputation, due to its geographical origin.
The whole community, which belongs to that particular region owns the GI - Property of the community, unlike trademark which is a traders property - To exclude unauthorized persons from misusing GI - Quality and reputation owing to a place of origin
Registration of a geographical indication remains valid for a period of 10 years Not granted to individuals It’s a national property (Association, Authority, Organization) e.g. Tea Board, Coffee Board, Spice Board It can be renewed from time to time for further period of 10 years each
Protection as undisclosed information (Parental Lines of Hybrids). Protection by way of Registration/ Grant under the Law ◦ ◦ ◦ ◦ Patent (Utility/ Standard Patent) Plant Patent Plant Variety Protection UPOV system: Plant Breeder’s Right
Sui generis protection ◦ A TRIPS’ Obligation [TRPS Art. 27.3 (b)] ◦ Plant Variety Right - essentially – UPOV 1978, 1991 ◦ Farmers’ Right – optionally – PPV&FR Act (Indian Law)
An exclusive right to produce, reproduce, publish and inform work in all ways known and possible It is right to copy and make use of literary, dramatic, musical and artistic works and cinematograph films and sound recordings . Main criteria of copyright registration is its originality
Royalty-Valued as one of the components of goodwill a copyright owner gets as consideration for the assignment rights Taxable Movable property
•The general rule is that copyright lasts for 60 years •literary, dramatic, musical and artistic works – 60 year period is counted from the year following the death of the author •Cinematograph films, sound recordings, photographs, works of government and works of international organizations – 60 year period is counted from the date of publication
A trade mark is a distinctive sign or indicator of some kind which is used by an individual or business organization to uniquely identify the source of its products and/or services to consumers • Connotes, quality, reputation, goodwill and distinctiveness • Provides a thrust to the trader to market goods with confidence • Infuses in trader/service provider a new spirit in trade
• A trademark enables a customer to distinguish the product of one manufacturer from the other. • The trademark becomes an effective instrument to attract customers and by its proper use, the trademark acquires goodwill of customers • Compels the attention of the customers • Ensures consistency in quality of goods & services
A trade mark can comprise a name, word, phrase, logo, symbol, design, image, or a combination of these elements & It should be ORIGINAL Examples: AMUL,
The term of a trademark is ten (10) years from filing date It can be renewed further after every ten(10) years
Design refers to the 2- or 3- dimensional drawing delineating features of – Shape – Configuration – Pattern – Ornamentation – Compositions of lines or colors Applied to any article in 2-d or 3-d or in both forms, and are judged solely by the eye. Applied to an article for its manufacturer
• Appearance and shape of the product is registered as design • Trademark is a label attached to the product • Appearance i.e. design promotes marketability of product • Registered design provides legal cover against copy-cats
Novelty: Novelty is judged solely by eye w.r.t. external appearance of the finished Article Absolute Novelty– i.e. Not publicly known or use in India or elsewhere
Design of Mechanical Cow for composting Design of Aqua Ferti-Seed Drill
A trade secret is a formula , practice, process, design, instrument, patter n, or compilation of information which is not generally known or reasonably ascertainable, by which a business can obtain an economic advantage over competitors or customers In some jurisdictions, such secrets are referred to as "confidential information“ Example- Coca Cola, Pepsi etc.
Integrated circuit layout , also known IC layout, IC mask layout , or mask design, is the representation of anintegrated circuit in terms of planar geometric shapeswhich correspond to the patterns of metal, oxide, orsemiconductor layers that make up the components of the integrated circuit. Layout view of a simple CMOS Operational Amplifier
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