Business law presentation on Patents, trademarks, geographical indications As a part of Intellectual property right With relevant provision of WTO also this Presentation covers case study on Apple vs Samsung case, Viagra Patent issue,Basamati rice, Darjeeling tea etc.

1. Intellectual property right:
Patents, trademarks, geographical indications
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2. Intellectual property
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• creations of the mind: inventions, literary and artistic works, and
symbols, names, images, and designs used in commerce.
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Patents
Trade Marks
Copyrights
Geographical Indications
Industrial Designs
• Intellectual Property Rights
• copyright and rights related to copyright and
• industrial property.

3. Intellectual property and TRIPS Agreement
• The TRIPS Agreement
– Economic benefits and costs of TRIPS
– Importance of flexibilities
• IPRs protection:
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Encourage and reward creative work
– Technological innovation Intellectual property rights are designed to provide protection
– Fair competition
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Consumer protection the protection of distinctive signs
– Transfer of technology a functioning intellectual property regime
– Balance of rights and obligations
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6. Patents
• A patent is a legal monopoly, which is granted for a limited
time by a country to the owner of an invention.
• Patent rights are territorial; an Indian patent does not confer
any rights outside India.
• Patent rights last for 20 years in India
• India had already implemented its
obligations under Articles
70.8 and 70.9 of TRIP Agreement.
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7. Case Study :Apple vs. Samsung
• Apple issuing an official complaint on April 15,
2011
• Instead of pursuing independent product
development, Samsung has chosen to slavishly
copy Apple's innovative technology, distinctive
user interfaces, and elegant and distinctive
product and packaging design, in violation of
Apple's valuable intellectual property rights.
• On July 24, Apple released information that
outlined the proposed damages of Samsung's
alleged patent infringement at $2.5 billion.

8. Case Study :Pfizer’s Canadian Patent on Viagra
• Supreme Court of Canada, on November 8,
2012, invalidated the Canadian Viagra patent
owned by Pfizer Canada Inc.
• The main issue before the Supreme Court was
whether Pfizer’s patent met the disclosure
requirement of the Act.
• The Supreme Court, while delivering its
judgment, clarified that “sufficiency of
disclosure lies at the very heart of the patent
system,” and the applicant must give the full
information that is necessary to work the
invention.
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9. Case Study :Basmati Rice Patent Issue
• An analysis of the real issues involved in the controversial
case of the Basmati Rice Patents from various perspectives:
commercial, legal and general. Point-to-point explanation
of widely held misconceptions arising from limited
awareness.
• Rice-Tec has patented the name 'BASMATI' for rice at the
US Patent Office
• Besides, Rice Tec also filed for registration of Trade Marks
such as TEXMATI and TEXMATI LITE. These Trade Mark
applications were also registered. There is no registration for
the word BASMATI as a Trade Mark.

10. Trademark
• A Trade Mark is any sign which can distinguish the goods
and services of one trader from those of another. A sign
includes words, logos, colours, slogans, three-dimensional
shapes and sometimes sounds and gestures.
• The registration of a trade mark is for a period of 7 years
from the date of the application. renewed for successive
periods of 7 years each.
• Trade Mark Classification of Goods and Services

11. Case:Madrid System for International
Registration of Marks
• The Madrid System of International Registration
of Trademarks came into existence in the year 1891.
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12. Geographical indications
• A place name is sometimes used to identify a product. This
“geographical indication” does not only say where the
product was made. More importantly, it identifies the
product’s special characteristics, which are the result of the
product’s origins.

13. Protecting the GI for Darjeeling Tea
• This case study relates to the geographical
indication (GI) protection of Darjeeling tea. It
tells the story of the unauthorized use and
registration of ‘Darjeeling and Darjeeling logo
by Japanese companies already registered in
Japan by the Tea Board of India. The study also
refers to the unauthorized use and attempted
registration of the words ‘Darjeeling and
Darjeeling logo’ by some other developed
countries.
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14. THE WTO: THE AGREEMENTS
• Intellectual property: protection and
enforcement
• The Nice Classification & India
• Classification systems employed in other
countries
• Its nature as a classification tool
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16. Number of IPRs Granted/ Registered in
2010-11

18. Applications filed by the Indian applicants

22. Thank You