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Intellectual property Rights in India

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Intellectual property Rights in India

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the slide include all aspects of IPR in india.
-Basics of IPR
-IPR regime in Indian Constitution
-procedure of application
-Current issues related to IPR
-India's Changing IPR and Effects
-Personalities of Indian IPR

the slide include all aspects of IPR in india.
-Basics of IPR
-IPR regime in Indian Constitution
-procedure of application
-Current issues related to IPR
-India's Changing IPR and Effects
-Personalities of Indian IPR

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Intellectual property Rights in India

  1. 1. Intellectual Property Rights By Arun Viswanathan M.Sc. BMB
  2. 2. Lets define “The application of science and technology to living organisms, as well as parts, products and models there of, to alter living or non-living materials for the production of knowledge, goods and services” Biotechnology! (Source: “A framework for biotechnology statistics”, OECD, Paris, 2005) According to European Commission, biotechnology can be divided into 3 major streams.
  3. 3. Green Biotechnology The use of genetically altered plants or animals to produce more environmentally-friendly farming solutions as an alternative to traditional agriculture, horticulture, and animal breeding processes. Red Biotechnology Refers to the use of organisms in genetic engineering processes in order to design and manufacture pharmaceutical products like antibiotics and vaccines. White Biotechnology Encompasses the application of biotechnology-based tools to traditional industrial processes to make intermediate and end- products more efficiently with less environmental impacts by making use of renewable resources.
  4. 4. What is Intellectual Property? • Examples of intellectual property – Include an author's copyright on a book – A distinctive logo design representing a soft drink company and its products, – Unique design elements of a web site – A patent on the process to manufacture chewing gum. Intellectual property is an intangible creation of the human mind, usually expressed or translated into a tangible form that is assigned certain rights of property.
  5. 5. What is IPR? A general term covering Patents, Copyright, Trademark, Industrial designs, Geographical indications, Protection of layout design of integrated circuits and Protection of undisclosed information (trade secrets). It refer to the legal ownership by a person or business of an invention/discovery attached to particular product or processes which protects the owner against unauthorized copying or imitation. (Source: Business Guide to Uruguay Round, WTO, 1995)
  6. 6. Types of IPR • Patents • Trademarks • Registered Design Industrial design rights, Supplementary protection certificates for pharma’ products , Database rights, Copyright, Domain names • Trade secrets • Circuit design rights • Plant breeders' rights or Plant variety rights
  7. 7. Patents • A patent is an exclusive right granted by law to applicants / assignees to make use of and exploit their inventions for a limited period of time (generally 20 years from filing). • The patent holder has the legal right to exclude others from commercially exploiting his invention • In return for exclusive rights, the applicant is obliged to disclose the invention to the public in a manner that enables others, skilled in the art, to replicate the invention. • The patent system is designed to balance the interests of applicants and the interests of society
  8. 8. Conditions to be patentable Novelty • The patenting invention should be novel or a satisfy -able improvement in old patents. • Information related to patents should be disclosed to public and should be available in prior Inventiveness • A patent should be inventive • It should be decided on the material contained in unpublished patents. The complexity or the simplicity of an inventive step not have any bearing on the grant of a patent. Usefulness • An invention must possess utility for the grant of patent • No valid patent can be granted for an invention devoid of utility An invention must satisfy the following three conditions of:
  9. 9. Where to Apply? • A patent application can be filed online or offline at respective patent offices which has specific territorial jurisdiction • Territorial jurisdiction is decided by place of residence of applicant or place of invention or address of a office given by foreign applicant
  10. 10. Where to apply? Patent office Territorial Jurisdiction Mumbai Gujarat, Maharashtra, MP, Goa, UT’s daman & Diu, Dadra & Nagar Haveli Delhi Haryana, HP, J&K, Punjab, Rajasthan, UP, NC Delhi, Chennai AP, Kerala, Telangana, TN, PY, Lakdives Kolkata (Head office) Rest of India
  11. 11. Where to Apply?
  12. 12. Hierarchy of patent office in India Controller General of Patents, Designs, Trademarks & GI Assistant Controller of patents & Designs Deputy Controller of Patents & Designs Joint Controller of Patents & Designs Senior Joint Controller of patents & Designs Examiners of Patents and Designs
  13. 13. Patenting in India
  14. 14. Patenting in India
  15. 15. SomeStatistics
  16. 16. SomeStatistics
  17. 17. Compulsory patenting • CL are made to prevent the abuse of patents as monopoly & to make way for commercial exploitation of the invention • Any person can make an application for grant of CL. It is given for a term of 3 yrs • Cl is given for requirements of public, if product not available for reasonable price, if patented work is not in territorial jurisdiction of India
  18. 18. CL maybe granted under certain specific circumstances such as: • Where a dependent patent is blocked; • Where a patent is not being worked; • Where the invention is of public interest such as foods or medicines and other essential commodities. • An export market is not being supplied; or • The working of any other patented invention which makes a substantial contribution is prevented; or • The establishment of commercial or industrial activities in the country is unfairly prejudiced
  19. 19. Govt.’s Supreme Power • Any patent issued by India can be used by gov. for its purpose with a order • If gov. uses an invention before patenting it in India no royalty need to be paid to patentee. Otherwise an agreement on royalty is made by Gov. and party in HC • Gov. can also undertake any patents if its contrary to public interest of gov or policies
  20. 20. Competition Policy of India • Competition Act, 2002- a succesor of The Monopolies and Restrictive Trade Practices Act, 1969 (MRTP) • the prohibition of the anti-competitive practices and agreements by way of exerting dominance and abusing this right relates directly to the Agri- biotechnology community in India • Prohibition of terminator or the generic use restriction technologies (GURT) by Section 4 of CP Act 2002, DBT issued a circular for banning GURT based on this act
  21. 21. • Bt gene developed & patented by Monsanto was sold in India at Rs.900 for 450gms of seeds • MRTP Commission was approached to investigate on 2006 and found that ‘commodity is overpriced’ • followed by various state governments imposing price controls under the Seed Control Order under Essential Commodities Act • SC of India has not considered it fit to interfere with the orders of the MRTP Commission. Competition Policy of India Monsanto: the Microsoft of Agriculture
  22. 22. • Provide for the establishment of an effective system for protection of plant varieties, the rights of farmers and plant breeders and to encourage the development of new varieties of plants • Ensures high quality seeds for farmers • Respects activities of natural breeding and selection by farmers and ensure the rights of farmers • Protect plant breeders right and thus boost development of new variety of palnts Plant Variety & Farmer’s Rights Act, 2001
  23. 23. Duration of protection • For trees and vines – 18 yrs. • For other crops - 15 yrs. • For extant varieties - 15 yrs Exemptions • Farmers’ Exemption: Farmer shall be entitled to produce, save, use, sow, re- sow, exchange, share or sell his farm produce including seed of a variety protected under this Act. • Researcher’s Exemption: (i) the use of registered variety for conducting experiment. (ii) the use of variety as an initial source of variety for the purpose of creating other varieties Plant Variety & Farmer’s Rights Act, 2001
  24. 24. PPV & FR AUTHORITY, INDIA • The authority regulates plant registration in India • A plant variety (not wild) can be registered as a new variety or as transgenic variety or extant variety • Registration can be done by farmer, breeder, research institutes, University • Registration can be done by sending Seeds, Leafs, Live plants or propagating material to regional or head office of authority • The seed samples received by the Authority will be properly tested for its purity and germination. • A part of the seed sample will be sent to the test centre for conduct of tests • A part of it will be kept by the Authority in the National Gene Bank to maintain the seed samples of the registered varieties for their entire period of protection • Authority issues specific guidelines to test each variety of plant • Comprises Chairman, commissioner, registrar, assistant registrar
  25. 25. TRIPS Agreement • The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is an international agreement by WTO that sets down minimum standards for many forms of IP regulation as applied to nationals of other WTO Members. It was negotiated at the end of the Uruguay Round of the General Agreement on Tariffs and Trade (GATT) in 1994. • Specifically, TRIPS requires WTO members to provide – copyright rights, covering content producers including performers producers of sound recordings & broadcasting organizations – GI, including appellations of origin – industrial designs; IC layout-designs – Patents, new plant varieties – TM and Trade secrets • TRIPS also specifies enforcement procedures, remedies, and dispute resolution procedures.
  26. 26. • In 2001, developing countries, concerned that developed countries were insisting on an overly narrow reading of TRIPS, initiated a round of talks that resulted in the Doha Declaration. The Doha declaration is a WTO statement that clarifies the scope of TRIPS, stating for example that TRIPS can and should be interpreted in light of the goal "to promote access to medicines for all.“ • DD also ensured that developing nations can issue CL on inventions related to HIV/AIDS and other epidemics Doha Declaration•It also challenges TRIPS and allowed developing countries to make its own regime for IPR •It enabled countries to acquire patent under emergency situations it faces •The a of amendment of trips is currently extended since only 45 member nations are accepting the amendment •Since then all developed countries including India stood along with Doha declaration
  27. 27. The Copyright Act1957 1958 The Copyright Rules 1970 The Patents Act 1999 International Copyright Order The TM Act The GI of Goods Act 2003 The Patents Rules The TM Rules The PPV and FR Rules 2000 The Semiconductors IC Layout-Design Act The Designs Act 2001 The Designs Rules The Semiconductors IC & LD Rules The PPV and FR Act 2002 The GI of Rules The Biological Diversity Act The TM Rules 2004 The Biological Diversity Rules 2010 IPAB Rules and procedures Rules & Laws : IPR in India
  28. 28. IPR & Corporate monopoly ''Granting exclusive patent rights amounts to stealing economic options of daily survival from the developing world” -Dr. Vandana Shiva-
  29. 29. India’s new IPR policy • After series of Modi-Obama visits America promised of $ 4 billion investment • The attack on India’s intellectual property rights became intense after 2012, when the Indian patent controller allowed local production of an expensive cancer drug which reduced its price by 97 percent (Novartis, Imatinib). The controller refused to grant patent to American pharmaceutical company, Gilead, for an extremely expensive drug for hepatitis C. The drug costs $ 1000 a pill in the US, while it can be produced locally at $ 1 a pill. • India is on a “priority watch list” in America’s special 301 report, that identifies countries which do not provide "adequate and effective" protection of IPR or "fair and equitable market access to US persons that rely upon IPR.”
  30. 30. India’s new IPR policy • It’s a globally acknowledged fact that India’s existing IPR policy regime, although against US & EU, has been a lifesaver for not just Indians, but also people from other developing countries • Cancer drug Glivec, sold by Swiss Pharma company Novartis for more than Rs one lakh, is now available in the generic from for about Rs 8,800 and its price is likely to fall further • Affordable Care Act (ACA), US by Obama
  31. 31. How India’s New IPR Policy can cause a genocide in S.Africa India’s new IPR policyWith Indian generic companies entering in voluntary licensing agreements with Gilead Sciences, the price of the drug was brought down from $1,000 per pill to $900 for a 12-week course for Indian patients.
  32. 32. Cipla is known for offering generic anti-retrovirals at $304 a year, or less than a dollar a day, when Pfizer was charging nearly $12,000 dollars per patient, per annum. How India’s New IPR Policy can cause a genocide in S.Africa
  33. 33. Minister Aaron Motsoaledi says, “Yes, I called it genocide because I was showing the number of people in sub-Saharan Africa who depend on generic anti- retrovirals, specially generics from India. I was showing them how many people will die if the policies change.” For instance, out of the 8 million people who are on anti-retrovirals in the world, 6 million are in Sub-Saharan Africa, most of them alive because of generics from India. If these six million do not have access to affordable generic anti-retrovirals, all of them will be gone. I mean, that’s genocide
  34. 34. Electrified the global health community a by producing cocktails of AIDS medicines for $1 per day. Dr. Yusuf K. Hamied the modern world Robin Hood Now it is 20 cents per day, & more than 6 million people in developing world now receive treatment.
  35. 35. In the past Indian companies would have launched generic versions in the developing world at lower rates, but in 2005 India adopted WTO- TRIPS obligations, making it difficult for Indian companies to make generics of patented drugs. But the country held on to crucial rights, including the right to grant a compulsory licence to local manufacturers in case of health emergencies
  36. 36. The seeds of Vandana Shiva She started The Navdanya is a movement for Earth Democracy based on the philosophy of 'Vasudhaiv Kutumbakam' . To protect the India's biodiversity based food heritage through Bija Swaraj, Ann Swaraj, Bhu Swaraj and Gyan swaraj Through 'Bija Swaraj' they have created 122 Community Seed Banks in 18 states of India and Bhutan. They also distributed the seeds of hope to the farmers after disasters like Odisha Super Cyclone, Tsunami, Floods in Uttarakhand, Phailin in Odisha, Earth quack of Nepal disaster without any money in return.
  37. 37. The seeds of Vandana Shiva • Since 1991 they have been campaigning against GM crops and food in India. Working with citizens' movements, grassroot organisations, NGOs and governments, they have made significant contributions to the Convention on Biological Diversity (CBD) and the Biosafety Protocol. • During the WTO Hong Kong Ministerial, Navdanya joined 740 other organisations in presenting their opposition to the WTO's stance on GMOs. • Biopiracy: Navdanya started the campaign against biopiracy with the Neem Campaign in 1994 and mobilised 1,00,000 signatures against neem patents and filed a legal opposition against the USDA and WR Grace patent on the fungicidal properties of neem (no. 436257 B1) in the European Patent Office (EPO) at Munich, Germany. • The patent on Neem was revoked in May 2000 and it was reconfirmed on 8 March 2005 when the EPO revoked in entirety the controversial patent, and adjudged that there was “no inventive step” involved in the fungicide patent, thus confirming the ‘prior art’ of the use of Neem.
  38. 38. The seeds of Vandana Shiva • The next victory against "biopiracy" for Navdanya came in October 2004 when the European Patent Office in Munich revoked Monsanto’s patent on the Indian variety of wheat “Nap Hal”. • This was the third consecutive victory on the IPR front after Neem and Basmati(Taxmati by Ricetec). Monsanto was assigned a patent (EP 0445929 B1) on wheat on 21 May 2003 by the European Patent Office in Munich under the simple title “plants”. • On January 27, 2004 Research Foundation for Science Technology and Ecology (RFSTE) along with Greenpeace and Bharat Krishak Samaj (BKS) filed a petition at the European Patent Office (EPO), Munich, challenging the patent rights given to Monsanto on Indian Landrace of wheat, Nap Hal. The patent was revoked in October 2004. • Now leading a no GMO banana campaign against GM banana with enriched iron
  39. 39. That s all folks Thank youCirrhosis.pptx by Arun Viswanthan is licensed under a Creative Commons Attribution 4.0 International License.

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