2. CONCEPTS OF INTELLECTUAL
PROPERTY(IP)
INTELLECTUAL PROPERTY
PROTECTION(IPP)
INTELLECTUAL PROPERTY RIGHTS(IPR)
ECONOMIC IMPORTANCE
MECHANISM FOR PROTECTION OF
INTELLECTUAL PROPERTY-PATENT,COPY
RIGHT,TRADE MARK
3. Intellectual property broadly means the legelright
which results from intellectual activity in the industry ,
scientific literary and artistic fields
Countries have laws to protect intellectual property for
two main reasons ,one to give statutory expansion to
the moral and economic right of creators in their
creations and the right of the public in access to those
creations
The second is to promote ,as a deliberate act of
government policy creativity and the dissemination
and application of it’s result’s and to encourage fair
trading which would contribute to economic and social
development
Intellectual property is traditionally divided into two
branches, ‘industrial property and copy right’.
4. The Convention establishing the World Intellectual
Property Organization (1967) gives the following list of
the subject matter protected by intellectual property
rights:
- literary, artistic and scientific works,
- performances of performing artists, phonograms and
broadcasts,
- inventions in all fields of human endeavour,
- scientific discoveries,
- industrial designs,
- 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.”
5. 1. Copyright covers
literary
works (such as novels,
poems and plays), films,
music, artistic works
(e.g., drawings, paintings,
photographs and sculptures)
and architectural design.
.
2.Industrial
Property includes
patents for inventions,
trademarks, industrial
designs
and geographical
indications
6. Since 1300 several understandings were made among countries to
encourage, safeguard intellectual property of nationals in foreign
countries. Such provisions were fruitful in harmonization of
application procedure, examination procedure among countries.
List of treaties/conventions /agreements
Year Name of Treaty Purpose
1883 Paris convention Protection of industrial property
1886 Berne convention Protection of rights of authors in
their literary and artistic works
1891 Madrid agreement repression of false or deceptive
indications of source of goods
1994 Trademark Law Treaty Standardize and streamline
national and regional trademark
registration procedure
7. Year Name of Treaty Purpose
1996 WIPO copy rights Treaty
(WCT)
Protection of works and the rights
of their authors in the digital
environment
2000 Patent Law Treaty To harmonize and streamline
formal national and regional
application, patent procedure
2006 Singapore Treaty Creation of modern and dynamic
international framework for the
harmonization of administrative
trademark registration procedures
2007 Washington Treaty Intellectual property in respect of
integrated circuits
8.
9. The word patent was coined from Latin term ‘patent- em’
meaning open. A patent is a document issued by government to
the inventor granting him exclusive rights to make , sell, use, or
import upon disclosure of the invention for a definite period of
time
An invention must, in general, fulfil the following conditions to
be protected by a patent.
It must be : novel, non obvious, useful, and enable.
There are three types of patents: 1) Utility patents may be
granted to anyone who invents or discovers any new and
useful process, machine, article of manufacture, or composition
of matter, or any new and useful improvement thereof;
2) Design patents may be granted to anyone who invents a
new, original, and ornamental design for an article of
manufacture; .
10. 3) Plant patents may be granted to anyone who
invents or discovers and asexually reproduces any
distinct and new variety of plant
In India , the patent act, 1970 governs the protection
of inventions as intellectual property. India
intellectual property office located at Kolkata, Delhi,
Mumbai and Chennai receives applications and
grants patents for invention.
The term of patent is for 20 yrs. from the date of
filling.
After 20 years patent becomes off-patent
EX. NOVEL INJECTABLE ANTIMALERIAL
COMPOSITIONS OF ARTEMISININ is patented
Applicant: Dr. Dinesh shantual patel
patent granted date: 01- 03- 2006
11. Trademark is an indication of a product oriented from an
individual or a company signifying the quality of the
product and distinguishes from its competitor. A trademark
is an alphabet, numerical, alpha numerical, device or a
combination of these.
Service mark is the same as a trademark except that it
identifies and distinguishes the source of a service rather
than a product
Use of TM (trademark) or SM (service mark) designation
with the mark to alert the public to the claim
Trademark registry located at Mumbai, Kolkata, Delhi,
Chennai, Ahmedabad receives applications and registers the
mark
The term of trademark is for 10years and renewed from time
to time
12. Collective marks as registered marks are issued to several
companies having same product with individual trade marks.
such collective marks indicate the product is fulfilling the quality
guidelines set by organization issuing the collective mark.
The symbol indicates registered trademark
symbol indicates trademark under processing not
registered
13. Trade secret is a formula, practice, process
design, instrument, pattern, commercial
method, or compilation of information not
generally known or reasonably ascertainable
by other by which a business can obtain an
economic advantage over competitors or
customer.
Trade secrets are also called as ‘know how.’
Trade secrete may include: sales methods,
distribution methods, consumer’s profiles,
advertising strategies, list of suppliers and
clients, manufacturing processes.
14. One of the most famous examples of a trade secret
is the formula for Coca-Cola. The formula, also
referred to by the code name "Merchandise 7X"
In the past, you could not buy Coca-Cola in India
because Indian law required that trade-secret
information be disclosed. In 1991, India changed
its laws regarding trademarks, and Coca-Cola can
now be sold in the country
15. A geographical indication is a sign used on goods
that have a specific geographical origin and
possess qualities or a reputation due to that place
of origin.
Most commonly, a geographical indication consists
of the name of the place of origin of the goods.
Agricultural products typically have qualities that
derive from their place of production and are
influenced by specific local geographical factors,
such as climate and soil.
The use of geographical indications is not limited
to agricultural products. They may also highlight
specific qualities of a product that are due to
human factors found in the product’s place of
origin, such as specific manufacturing skills
16. The term geographical indication for 10 years.
Examples of geographical indications are
Mysore sandal soap, Tirupati basmati rice etc.
17. Design layout of circuits of hardware is playing a
critical role bringing out especially electronic goods
into more compact, aesthetic appearance. Such circuits
are found to possess very high industrial application
leading to increase in business, economic growth of the
country.
In India, the semiconductor integrated circuits layout
design act, 2000 governs registration of designs of
circuits layouts. Semiconductor integrated circuit
layout design registry located at New Delhi receives
applications and register the design of the layout of the
circuits. the criteria for registration of semiconductor
integrated circuit layout design are, the design layout
should be original, not commercially exploited, and
distinctive.
18. Department of information technology,
ministry of communications and information
technology, government of India implements
the intellectual property of semiconductor
integrated circuit layout design in India.
The term of semiconductor integrated circuit
layout design in India is for 10years
19. An industrial design refers to the ornamental or
aesthetic aspects of an article. A design may consist
of three-dimensional features, such as the shape or
surface of an article, or two-dimensional features,
such as patterns, lines or colour.
Industrial designs are applied to a wide variety of
industrial products and handicrafts: from technical
and medical instruments to watches, jewellery and
other luxury items; from house wares and
electrical appliances to vehicles and architectural
structures; from textile designs to leisure goods.
In pharmaceuticals, several tablet designs, packing
designs are protected as registration exclusivity.
20. The term of design is for 10
yrs. and may be extended for
further 5 years
In Indian intellectual property
offices receives applications
and register goods for their
design
Under the class24, medicinal
device designs are registered.
Examples of designs registered
in pharmaceuticals include
tablet shapes blister packs and
medicinal devices such as
intraocular lens, implantation
device etc.
21. PLANT VARIETY PROTECTION & THE PURPOSE
The Protection of Plant Varieties and Farmers Rights Act, 2001 .
The main aim of this Act is to establish an effective system for the
protection of plant varieties and, the rights of the breeders and to
encourage the development of new varieties of plants.
CRITERIA FOR PROTECTING A PLANT VARIETY
The plant variety must be:
Novel: if at the date of filing an application for registration for protection,
the propagating or harvested material of such variety has not been sold or
otherwise disposed of in India earlier than one year or outside India, in
the case of trees or vines earlier than six years, or in any other case earlier
than four years, before the date of filing such application
• Distinct: A variety should be clearly distinguishable by
at least one essential characteristic from existing or commonly known
varieties in any country at the time of filing of the application.
• Uniform: A Variety must be sufficiently uniform in its essential
characteristics.
• Stable: Essential characteristics of a variety must be stable after repeated
propagation or in the case of a particular cycle of propagation at the end
of each cycle.
22. DURATION OF PROTECTION FOR A REGISTERED PLANT
VARIETY
• Trees and Vines: 18 Years
• Other crops: 15 Years.
• Extant Varieties: 15 Years from the date of notification of that
variety by the Central Government under Seed Act, 1966.
PLANTS THAT ARE COVERED UNDER THE PPVFR ACT
• As of now following 18 plant species can be registered under
the Act.
• Cereals: Rice , Wheat, Maize, Sorghum, Pearl Millet.
• Legumes: Chickpea, Mungbean , Urdbean , Field Pea, Rajmah
, Lentil, Pigeon Pea.
• Fibre Crop:
• Four species of cotton namely Gossypium Arboreum L. and G.
Herbaceum L.
(Diploid Cotton) and G. Barbadense L. and G. Hirsutum L.
(Tertaploid Cotton)
• Two species of Jute (Corchorus Olitorius L. and C. Capsularis
L.)
23. Copyright is a right given by the law to creators of literary,
dramatic, musical and artistic works and producers of
cinematograph films and sound recordings.
Unlike the case with patents, copyright protects the
expressions and not the ideas. There is no copyright in an
idea
In India, the law relating to copyright is governed by the
Copyright Act, 1957 which has been amended in 1983, 1984,
1985, 1991, 1992, 1994, 1999 and 2012 to meet with the
national and international requirements.
Literary, dramatic, musical or artistic works enjoy copyright
protection for the life time of the author plus 60 years
beyond i.e. 60 years after his death. In the case of copyright
in posthumous, anonymous and pseudonymous works,
photographs, cinematograph films, sound recordings, works
of Government, public undertaking and international
organisations, the term of protection is 60 years from the
beginning of the calendar year next following the year in
which the work has been first published.
24. In India, the copyright Act, 1957 governs registration of a work as
a copyright. Department of Higher education, Ministry of Human
Resources Development, Government of India implements the
intellectual property of protection of literacy and artistic work as
copyrights. Applications are received at New Delhi office.
Several pharmaceutical text books , figures, questionnaires are
copyright protected either directly by the author or throught a
publisher.
25. Economic development is the increase in the
standard of living in a nation's population with
sustained growth from a simple, low-income
economy to a modern, high-income economy
IPR could well increase economic growth and
foster beneficial technical change, thereby
improving development prospects, if they are
structured in a manner that promotes effective
and dynamic competition .
26. Intellectual property rights could play a
significant role in encouraging innovation,
product development, and technical change to
help in development of the economy through
low-cost imitation of foreign products and
technologies. However, inadequate IPR could
stifle technical change even at low levels of
economic development because much
invention and product innovation are aimed at
local markets and could benefit from domestic
protection of patents, utility models, and trade
secrets.
27. MINISTRY OF COMMERCE
AND INDUSTRY
DEPT. OF INDUSTRIAL
POLICY & PROMOTION
DEPT. OF EDUCATION
TRADE MARKS
REGISTRY
COPYRIGHT OFFICE
REGISTAR OF
COPYRIGHT
MINISTRY OF HUMAN RESOURSE
DEVELOPMENT
CONTROLLER GENERAL OF
PATENTS, DESIGNS & TRADE MARKS
PATENT
OFFICE
Sr. JOINT
CONTROLLER
OF PATENTS
AND DESIGNS
JOINT
REGISTAR OF
TRADEMARKS
28. Early Publication Publication after 18
months
Pre Grant Opposition /
Representation by any person
Request for examination
Examination: Grant or Refusal
Publication of Grant of patent
Post Grant Opposition to grant of patent
(Constitution of Opposition Board)
Decision By Controller
Filing of patent application
29. Receipt of applications, data
entry & digitization
[at Branch Offices]
In case, there are no
objections/objections waived -
Publication in the Trade Marks
Journal
No opposition/opposition decided in
favor of the applicant-
Application proceeds to registration
In case of
objections
Response by
applicant-
Consideratio
n of response
[centralized
Objections
not waived
after
Response-
Show
Cause
Hearing
[at Branch
Offices
Opposition allowed-
application refused
In case of
opposition,
opposition
proceeding [at
Branch office
Objections
not waived-
Application
refused
Appeal may
be made
before IPAB
Examination of applications,
approval by Supervisors, release
of ERs
[centrally at TMR Mumbai]
30.
No objection objection filed
application
accepted
Filling of application along with fee
Issue of Dairy no.
30 Days mandatory waiting for objections
Objections
Filed (Y/N)
Scrutinization
by Examinar
Application
accepted (obj.
rejected)
Sending Letter
to both parties
Discrepancy
(Y/N)
Discrepancy letter
Issued to applicant
Reply from both
parties
31. NO DISCREPANCY
FOUND
application
rejected
Yes No
Replay from
applicant Hearing by
Registrar
Hearing by Registrar
due to rejection
Application
Accepted
(Y/N)
Registration
approved
(Y/N)
Application accepted Application rejected
32. REFFERENCES:
Important Websites
www.ipindia.nic.in - Intellectual Property Office, India
www.patentoffice.nic.in – Patent office, India
http://copyright.gov.in/ - Copyright Office, India
ipr.icegate.gov.in – Automated Recordation & Targeting for IPR
Protection
http://www.icegate.gov.in- E- Commerce portal of Central Board
of Excise and Customs
www.ipab.tn.nic.in - Intellectual Property Appellate Board, India
www.mit.gov.in – Department of Information Technology, India
http://www.mit.gov.in/content/office-semiconductor-integrated-
circuits-layout-designregistry
- Semiconductor Integrated Circuits Layout-Design Registry
(SICLDR)
www.plantauthority.gov.in – Plant Varieties and Farmers' Rights
Authority, India
http://nbaindia.org/ - National Biodiversity Authority
www.nipo.in – The Indian IPR Foundation
www.wipo.int – World Intellectual Property Organisation
http://www.wto.org – World Trade Organisation
