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INTRODUCTION              TO
INTELLECTUAL PROPERTY
RIGHTS



         Presented by
         GANDHI SONAM MUKESHCHANDRA
         Dept. of Industrial pharmacy
CONCEPT          OF PROPERTY
   Natural object becomes a resource when it
    satisfies a human want.

   A resource possessed and owned becomes a
    property.

   A bundle of legal rights linked to ownership
    and possession of an item .
INTELLECTUAL               PROPERTY
   It is the “property created by application of
    human mind’’.

   Intellectual property (IP) is a term referring to a
    number of distinct types of creations of the
    mind for which property rights are recognized
    in the corresponding fields of law.

   Articles of
    textiles, cosmetics, pharmaceuticals, machiner
    y, books, etc., are all Ip protected.
NATURE OF IPR’S
 Essentially negative rights to stop others
  from copying or counterfeiting
a) In patents,being first with an invention pre-
    empts any right of another making same
    invention independently.
b) In copyrights ,the right is diluted as right is
    over the form of expression and not over
    idea.
o   IPR’s being statutory rights are legally
    enforceable.
o   They are territorial in nature.
7 MAIN INTELLECTUAL PROPERTY (IP)
INSTRUMENTS

 Patents
 Trademarks, Trade Names & Service marks

 Geographical Indications

 Industrial Designs

 Layout- designs of Integrated Circuits

 Trade Secrets

 Copyrights and related rights



   First six are Industrial property rights.
PATENTS
    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.
WHAT CAN BE PATENTED
 Inventions in all fields of technology
  ,whether products or processes , if they
  meet the criteria of
 Being patentable subject matter;



   Novelity;

   Non – obviousness (inventive step )

   Industrial application ( utility )
CONDITIONS OF PATENTABILITY
   Novelity : 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 occuring substances / elements;
 Diagnostic , therapeutic and surgical
  methods of treatment of humans or animals;
 Plants and animals other than micro
  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.
ELEMENTS OF PATENT APPLICATION

     • Title of invention
     • Techinical field to which invention
       belongs


     • Background of invention
     • Object of invention



     • Detailed descriptions
     • Any claims
PROCESSING          PROCEDURE OF AN
APPLICATION

   Complete specification submitted within 12-15 months of
    filling the provisional specification.


   Complete specification taken up for examination by the
    controller who refers it to the examiner.


   The examiner submits report within 18 months on
    receiving the complete specification from the controller.


   The controller conveys the list of objections to the
    applicant on receiving the report from the examiner.
   Applicant must reply to objections and put application in order
    within 15 months of communication.



   Three months extension possible on application.



   Applicant change application to satisfy the controller.



   Applicant is also given an opportunity to be heard,applicant is
    given atleast 10 days notice after fixing the date of hearing.



   Applicant notifies controller whether he will attend hearing.
   Applicant allowed extension of time for
    hearing.



   After controller is satisfied that all objections
    are satisfactorily cleared by the applicant, the
    specification is accepted and published in the
    gazette of India.
PERIOD OF PATENT
   As per Indian patent’s act 1970, the patent
    period was 7 years from the date of filling
    complete specification or 5 years from the
    date of sealing,which ever is shorter in case
    of food ,drug and medicine.

   As per patent amendment ordinance
    1994,the patent period is 20 years.
TRADE MARKS
TRADE MARKS ,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
    consumer’s mind.

   Legally not linked to quality

   In fact, linked in consumer’s mind to quality
    expectation.
DURATION OF TRADE MARK

   Period of 20 years and its renewal as long as
    the trade mark continues to be used by it’s
    owner.
TYPES OF MARKS
   COLLECTIVE MARK : Proprietor is an
    association of persons, which is legally not a
    patnership.



   CERTIFICATION MARK : Does not indicate
    origin of goods but certifies the goods as
    conforming to certain characteristics (quality,
    ingredients, geographical origin etc.,) e.g.
    ISI ,HALLMARK etc.
FORMS OF TRADE MARKS
   VISUAL : Words, letters, devices including
    drawings and symbols or 2-d
    representations of object or a combination of
    two or more of these, colour combination,3-
    D sign as shape of goods or packaging .

   AUDIO : Sounds, Musical notes.

   OLFACTORY : smells.
WHAT IS PROTECTED AND
WHAT’S NOT ?
   RIGHT TO USE TRADE MARK in relation to
    goods /services as registered are protected
    ( if tm consists of several parts , protection
    is for tm as a whole )

   State Emblems , Official Hallmarks ,
    Emblems of Intergovernmental Organizations
    cannot be used as trade mark
GEOGRAPHICAL
INDICATIONS
   Many goods possess their peculiar properties
    due to their geographical origin .

   Geographical indications is the best method
    to indicate the geographical origin of goods
    and services.

   Many agricultural products ( tea, rice ) ;
    dairy products (cheese) , wines and spirits
    owe their special quality and reputation to
    their geographical place of growth or
    processing.
PROTECTION OF GEOGRAPHICAL
INDICATIONS
 Geographical indications is not owned by a
  single owner .
 Any producer in the region can use 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.
 Government can register GI in the
  international register maintained by WIPO
  for world wide protection.
 It is offence to use false GI on goods.
INDUSTRIAL DESIGNS
 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 .
CRITERIAS FOR PROTECTION
AS INDUSTRIAL DESIGN
   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.
INTEGRATED CIRCUITS
LAYOUT DESIGNS
WHAT IS LAYOUT DESIGN ?

 Layoutof transistors and other circuit
 elements, including lead wires
 connecting such elements and
 expressed in any manner in a semi
 conductor integrated circuit (IC).
WHY TO PROTECT
   Integrated Circuits 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 disturbing
  commercially a protected layout design or IC
  incorporating it .
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.

   The best kept secret till date.
WHEN TRADE SECRETS ARE
PREFERRED ?
   When invention is not a 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.
COPYRIGHTS



 COPYRIGHTS

 RIGHTSCOVERED UNDER COPYRIGHTS
 DURATION OF PROTECTION
COPYRIGHT
   Copyright protects literary and artistic works
      E.g. Books, lectures, dramatic and musical
    works , choreography , cinematography ,
    drawings, paintings, architecture,
    photographs, illustrations mpas, etc.,

   RIGHTS COVERED UNDER COPYRIGHT

   MORAL RIGHTS : Author’s 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 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
    law 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.
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

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Intellectual property rights 1

  • 1. INTRODUCTION TO INTELLECTUAL PROPERTY RIGHTS Presented by GANDHI SONAM MUKESHCHANDRA Dept. of Industrial pharmacy
  • 2. CONCEPT OF PROPERTY  Natural object becomes a resource when it satisfies a human want.  A resource possessed and owned becomes a property.  A bundle of legal rights linked to ownership and possession of an item .
  • 3. INTELLECTUAL PROPERTY  It is the “property created by application of human mind’’.  Intellectual property (IP) is a term referring to a number of distinct types of creations of the mind for which property rights are recognized in the corresponding fields of law.  Articles of textiles, cosmetics, pharmaceuticals, machiner y, books, etc., are all Ip protected.
  • 4. NATURE OF IPR’S  Essentially negative rights to stop others from copying or counterfeiting a) In patents,being first with an invention pre- empts any right of another making same invention independently. b) In copyrights ,the right is diluted as right is over the form of expression and not over idea. o IPR’s being statutory rights are legally enforceable. o They are territorial in nature.
  • 5. 7 MAIN INTELLECTUAL PROPERTY (IP) INSTRUMENTS  Patents  Trademarks, Trade Names & Service marks  Geographical Indications  Industrial Designs  Layout- designs of Integrated Circuits  Trade Secrets  Copyrights and related rights  First six are Industrial property rights.
  • 6. PATENTS 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.
  • 7. WHAT CAN BE PATENTED  Inventions in all fields of technology ,whether products or processes , if they meet the criteria of  Being patentable subject matter;  Novelity;  Non – obviousness (inventive step )  Industrial application ( utility )
  • 8. CONDITIONS OF PATENTABILITY  Novelity : 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.
  • 9. SOME EXCLUSIONS FROM PATENTABILITY  Naturally occuring substances / elements;  Diagnostic , therapeutic and surgical methods of treatment of humans or animals;  Plants and animals other than micro 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.
  • 10. ELEMENTS OF PATENT APPLICATION • Title of invention • Techinical field to which invention belongs • Background of invention • Object of invention • Detailed descriptions • Any claims
  • 11. PROCESSING PROCEDURE OF AN APPLICATION  Complete specification submitted within 12-15 months of filling the provisional specification.  Complete specification taken up for examination by the controller who refers it to the examiner.  The examiner submits report within 18 months on receiving the complete specification from the controller.  The controller conveys the list of objections to the applicant on receiving the report from the examiner.
  • 12. Applicant must reply to objections and put application in order within 15 months of communication.  Three months extension possible on application.  Applicant change application to satisfy the controller.  Applicant is also given an opportunity to be heard,applicant is given atleast 10 days notice after fixing the date of hearing.  Applicant notifies controller whether he will attend hearing.
  • 13. Applicant allowed extension of time for hearing.  After controller is satisfied that all objections are satisfactorily cleared by the applicant, the specification is accepted and published in the gazette of India.
  • 14. PERIOD OF PATENT  As per Indian patent’s act 1970, the patent period was 7 years from the date of filling complete specification or 5 years from the date of sealing,which ever is shorter in case of food ,drug and medicine.  As per patent amendment ordinance 1994,the patent period is 20 years.
  • 16. TRADE MARKS ,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 consumer’s mind.  Legally not linked to quality  In fact, linked in consumer’s mind to quality expectation.
  • 17. DURATION OF TRADE MARK  Period of 20 years and its renewal as long as the trade mark continues to be used by it’s owner.
  • 18. TYPES OF MARKS  COLLECTIVE MARK : Proprietor is an association of persons, which is legally not a patnership.  CERTIFICATION MARK : Does not indicate origin of goods but certifies the goods as conforming to certain characteristics (quality, ingredients, geographical origin etc.,) e.g. ISI ,HALLMARK etc.
  • 19. FORMS OF TRADE MARKS  VISUAL : Words, letters, devices including drawings and symbols or 2-d representations of object or a combination of two or more of these, colour combination,3- D sign as shape of goods or packaging .  AUDIO : Sounds, Musical notes.  OLFACTORY : smells.
  • 20. WHAT IS PROTECTED AND WHAT’S NOT ?  RIGHT TO USE TRADE MARK in relation to goods /services as registered are protected ( if tm consists of several parts , protection is for tm as a whole )  State Emblems , Official Hallmarks , Emblems of Intergovernmental Organizations cannot be used as trade mark
  • 21. GEOGRAPHICAL INDICATIONS  Many goods possess their peculiar properties due to their geographical origin .  Geographical indications is the best method to indicate the geographical origin of goods and services.  Many agricultural products ( tea, rice ) ; dairy products (cheese) , wines and spirits owe their special quality and reputation to their geographical place of growth or processing.
  • 22. PROTECTION OF GEOGRAPHICAL INDICATIONS  Geographical indications is not owned by a single owner .  Any producer in the region can use 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.  Government can register GI in the international register maintained by WIPO for world wide protection.  It is offence to use false GI on goods.
  • 23. INDUSTRIAL DESIGNS  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 .
  • 24. CRITERIAS FOR PROTECTION AS INDUSTRIAL DESIGN  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.
  • 25. INTEGRATED CIRCUITS LAYOUT DESIGNS WHAT IS LAYOUT DESIGN ?  Layoutof transistors and other circuit elements, including lead wires connecting such elements and expressed in any manner in a semi conductor integrated circuit (IC).
  • 26. WHY TO PROTECT  Integrated Circuits 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.
  • 27. 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 disturbing commercially a protected layout design or IC incorporating it .
  • 28. 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.  The best kept secret till date.
  • 29. WHEN TRADE SECRETS ARE PREFERRED ?  When invention is not a 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.
  • 30. 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.
  • 31. COPYRIGHTS COPYRIGHTS RIGHTSCOVERED UNDER COPYRIGHTS DURATION OF PROTECTION
  • 32. COPYRIGHT  Copyright protects literary and artistic works E.g. Books, lectures, dramatic and musical works , choreography , cinematography , drawings, paintings, architecture, photographs, illustrations mpas, etc.,  RIGHTS COVERED UNDER COPYRIGHT  MORAL RIGHTS : Author’s right of paternity. Non–alienable.
  • 33. 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 AUTHORS ? • Writer/writers of the book; • Painter; • Music composer; • Translator; • Cinematographer; • Photographer etc.
  • 34. DURATION OF PROTECTION  For books and other works of arts it is 50 to 70 years after the death of the author (the law 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.
  • 35. EMERGING ISSUES IN IPR  Traditional knowledge and expression of culture (Folklore)  Biodiversity and Genetic resources  Electronic Commerce  Internet Domain Names  Protection of databases, software.