1. DEPARTMENT OF BIOTECHNOLOGY HUMANITIES AND
APPLIED SCIENCE
PRESENTED BY :
IKRA ANEES
(BSBT2018026)
ROLL NO.- 1810809024
B.SC (BIOTECH.) 6th SEMESTER
3. Intellectual Property
What is IPR
History of IPR
Introduction IPR
The role of IPR
Protection from of intellectual property
Copyright
Exclusive Rights
Disadvantages of copyright
Trademark
What kinds ofTrademarks can be registered
Trade secret
Advantages
Patent
Patent requirement
Rights of patent owner
Benefits of patent system
Geographical Indication
GI of Goods(Registration and Protection)Act,1999
Problems from IPR
5. It is property that you can’t see.
It is not real property (land) or personal property(
things).
It is property that can only be perceived by the
intellect Like Real Property.
It can bought ,sold, licensed , exchanged , given away.
The owner can prevent unauthorized use.
Not simply knowledge or discovery.
A range of property rights accorded to “ creations of
the mind”.
Intellectual activity resulting from the industrial ,
scientific ,literary or artistic fields.
6. The issue was the patent granted
by the US patent office on
Turmeric ( halide ) to university of
Mississippi Medical centre in 1995
for its wound healing properties;
implying that this was a new
inventions , when we have been
using halide since times in
memorial for healing injuries.
The Government of India opposed
this patent, and ultimately, India
won this battle- the patent was
cancelled.
7. Intellectual Property Rights
IPR refers to” the legal ownerships of by a person or
business of an invention /discovery attached to a
particular product /process which protects the
owner against unauthorized copying or limitation.
INTRODUCTION
8. Basic objectives of balanced IP protection –To
Acknowledge & appreciate the creative
expression.
Empower creative persons.
Promote innovation through exclusive rights.
Public disclosure to expand knowledge stock.
Support for markets in technology .
Support diffusion and incremental innovation
Technology specialists can induce the large
firms to license as well.
10. The bundle of exclusive rights granted to the authors / creators of
original works of expression that are fixed into a tangible medium.
Exclusive Rights
Right to reproduce
Right to make derivative works
Right to distribute
Right to publicly display and perform.
Right to perform sound recordings publicly by means of digital audio
transmissions.
Examples
1. Authored and edited books.
2. Audio and video cassettes.
3. In biotechnology the copyright may cover DNA sequence data that may
be published.
Computer software has been included under the ( information
TechnologyAct 2000)
Disadvantages of copyright
The copy right is limited both in time and extent.
Does not prevent another person from using either idea or the
information contained in a copyright material.
11. Symbol helps the consumer to identify products of a
particular company.
Mark must be used in connection with public distribution
of goods or services to secure legal rights.
Marks is the symbol is directly related to the company.
What kinds of trademarks can be registered ?
-Trademarks may be one or a combination of words letters, and numbers.
-They may consist of drawings, symbols, three dimensional signs such as the
shape and packaging of goods audible signs or colors used as distinguishing
features.The possibilities are almost limitless.
-The possibilities are almost limitless.
12. Trade secret is any information that gives a company a
competitive edge over competitors and which the company
maintains a secrete and away from public knowledge.
Example :
1. coco cola company brand syrup formula.
2. Polaroid company instant film chemical formula.
3. KFC
- Advantages
They are for unlimited duration.
It is not necessary to satisfy the rather stringent requirements for
protection under patents.
The cost of filling contesting and enforcing patents is saved.
The risk of someone improving upon the product processed .is
minimized.
13. A patent is an intellectual property rights relating to inventions
and is the grant of exclusive rights, for limited period, limited
space , provided in exchange of full disclosure of his/her invention,
for excluding others , from making ,using , selling, importing the
patented product or process producing that product for those
purposes.
An exclusive right given to an inventor by the government to
exclude others from initiating manufacturing , using or selling the
invention in question for commercial use for specified time.
There are three kinds of patents:
A utility patent on the functional aspects of products and process;
A design patent on the ornamental design of useful objects;
A plant patent on a new variety of a living plants.
Patents do not protect idea , structures and methods that apply
technological concepts.
14. Novelty.
Inventiveness.
Industrial application and usefulness.
Patentability.
Disclosure.
- Rights of Patent Owner
Exclude others from making, using or selling the
patented invention for up to 20 years.
may be licensed or sold.
does not prohibit non- commercial research.
In return for full public disclosure (when
field)invention and contribution to public domain at
expiry of patent term.
15. Rewards time, money & effort associated with
research.
Stimulates further research as competitors
invent alternatives.
Encourages innovation and research by
permitting companies to recover R&D cost
during period of exclusive Rights.
Limited term encourages commercialization.
Patent allow early exchange of information
between research group.
Avoiding duplicate efforts. Increasing general
pool of public information.
16. Indications which could be used to recognize that a good
has originated in a particular locality where the given
quality reputation of the good are essentially attribute to
its geographical origin.
EXAMPLES:
California wines
Nagpur orange
Kashmir Pashmina
East India Leather
Darjeeling tea
Tirupati laddu
Kangra painting
Tulapanji rice
Phulkari
17.
18. The term ” Geographical indications” signifies
that a product originates in a country or specific
locality where it has been traditionally produced.
GIs are defined as
“ a good originating in the territory of a member
or a region or locality in that territory where a
given quality, reputation or other characteristic
of the good is essentially attributable to its
geographical origin”.
Most GIs relate to agricultural products or those
derived from them.
Handicraft products specific to a region are also
registered under GIs Act, 1999.
19. Prior to 1999, there was no specific legislation to
regulate geographic indication.
In 1999, India in compliance withTRIPS(Trade
related aspects of Intellectual property Rights)
enacted the GI Act.
Registration of GIs is for a period of 10 years or
for a period till the date on which the
registration of GI of authorized users expires,
which ever is earlier.
20. Provides for registration and better protection for
GIs relating to goods……
21. IPR has encouraged monopolies; many take
over have been motivated by access to an
IPR.
The IPR situations in many cases in quite
complicated.
It is perceived by many as a threat to food
security.
It may be detrimental to the live hood of the
poor in developing countries.