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Intellectual Property Rights By Prof. Dipak V. Shirbhate Lecturer, Department of Production Engineering, VJTI,Matunga,Mumbai-19 www.vjti.ac.in

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Intellectual Property Rights <ul><li>Introduction </li></ul><ul><li>The Concept of Intellectual Property </li></ul><ul><li>Different Types of IP </li></ul><ul><li>Rationale behind Intellectual Property </li></ul><ul><li>Balancing the Rights of Owner & Society </li></ul><ul><li>Enforcement of IPR </li></ul><ul><li>Issues before us regarding IPR </li></ul>

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What is Intellectual Property ? <ul><li>Design ? </li></ul><ul><li>Piece of Art ? </li></ul><ul><li>Book ? </li></ul><ul><li>Film ? </li></ul><ul><li>Invention or Formula ? </li></ul><ul><li>Or just an idea? </li></ul><ul><li>Any thing created by man’s </li></ul><ul><li>Ingenuity, Knowledge & Skill </li></ul><ul><li>besides labor and capital. </li></ul>

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Concept of Property <ul><li>Lay mind : Some material object belonging to a particular person. </li></ul><ul><li>Concept of Ownership is critical to Concept of Property. </li></ul><ul><li>Ownership: Right to Possess, Use & Dispose at the desire of the owner & to exclude others. </li></ul><ul><li>Society recognition is must. </li></ul><ul><li>Legal Definition : Bundle of rights that the law confers on a person (s) by virtue of ownership and possession of an object. </li></ul>

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Types of Property <ul><li>Two types : Tangible & Intangible </li></ul><ul><li>Tangible: Land ,Building etc… referred to as Corporeal Property </li></ul><ul><li>Intangible : Copyright, Idea, Innovation etc…referred to as Incorporeal Property </li></ul><ul><li>Intellectual Property is Incorporeal Property and it derives its value from ideas. </li></ul><ul><li>IP is a dynamic area while corporeal property is a static one. </li></ul>

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Classification of IP <ul><li>IP is generally divided into two categories </li></ul><ul><li>a) Industrial Property </li></ul><ul><li>b) Copyright </li></ul><ul><li>Industrial Property : Rights relating to Inventions, Industrial Designs , Trade Marks, Geographical Indication & Appellation of Origin. </li></ul><ul><li>Copyright : Rights relating to creation of human mind in the fields of Literature, Music, Art and Audio-Visual works (Related Rights & Neighboring Rights) </li></ul>

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Seven types of IP <ul><li>TRIPS Agreement of the WTO recognizes seven types of Intellectual Property Rights </li></ul><ul><li>1.Copyright & Related/Neighboring Rights </li></ul><ul><li>2.Trade Marks, Trade Names, Service Marks </li></ul><ul><li>3.Geographical Indications </li></ul><ul><li>4.Industrial Designs </li></ul><ul><li>5.Patents </li></ul><ul><li>6.Layout Designs of Integrated Circuits </li></ul><ul><li>7.Undisclosed Information </li></ul><ul><li>TRIPS : Trade Related Aspects Of Intellectual Property Rights </li></ul><ul><li>WTO : World Trade Organization </li></ul>

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Copyright <ul><li>Copyright is granted for original, literary musical, artistic or audio-visual works </li></ul><ul><li>The creations of authors, playwrites, composers,artists and filmmakers </li></ul><ul><li>It includes rights of reproduction, communication to the public, </li></ul><ul><li>adaptation and translation of work </li></ul>

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continued………. <ul><li>Although originality in expression is a requirement for copyright, the quality of work is not an issue at all. </li></ul><ul><li>Copyright subsists the work which is the creation of idea(s);it is not the idea(s) which is protected by copyright,but merely the expression of the idea in the work </li></ul><ul><li>Example : Painting/Sunset </li></ul><ul><li>Research Paper Subject </li></ul>

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Trade Marks/Names/Service Marks <ul><li>Trade Marks & Service Marks : </li></ul><ul><li>Distinctive Symbols of the company </li></ul><ul><li>Trade Names :Name of the enterprise that individualizes the name of the company </li></ul><ul><li>Both are protected as IP </li></ul><ul><li>Trade Mark to be Distinctive not Deceptive </li></ul><ul><li>No requirement in law for Quality Standard </li></ul>

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Geographical Indications (GI) <ul><li>It is a sign used on goods that have a specific geographical origin & possesses qualities /reputation solely attributed to place of origin and is protected as IP </li></ul><ul><li>A GI is different from a Trade Mark </li></ul><ul><li>GI – All producers producing in designated place can use </li></ul><ul><li>IPR. It also denotes indication of source & appellation </li></ul><ul><li>of origin </li></ul><ul><li>Trade Mark- Distinguishes Product/Services of enterprise </li></ul><ul><li>from others and exclude others from using the trade mark </li></ul>

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Industrial Design <ul><li>The ornamental or aesthetic aspect of an article </li></ul><ul><li>Serves as a tool for product differentiation </li></ul><ul><li>Attracts customers by enhanced visual appeal and become IP to be protected </li></ul><ul><li>Applied to wide range of products from industry or handicraft </li></ul>

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Patent <ul><li>A Patent is a statutory right granted for a limited period to an inventor in respect of an invention to exclude any other person from manufacturing, using or selling the patented product or from using the patented process, without due permission. </li></ul><ul><li>Under the TRIPS Agreement of the WTO </li></ul><ul><li>inventions in all fields of Technology </li></ul><ul><li>Products or Processes are patentable if they meet the criteria of Novelty , involve an Inventive step and are capable of Industrial Application </li></ul><ul><li>Aim : Rewarding Intellectual Creativity for encouraging economic and technological development </li></ul>

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Layout Designs-Integrated Circuits <ul><li>Layout Designs topography) of integrated circuits is relatively new area in IP </li></ul><ul><li>Has appeared with computer technology The programming instructions on a computer chip are implemented through a circuitry printed on semiconductor materials. The design of circuitry on the chip requires great investments of knowledge, skills and capital and therefore needs to be protected as IP. </li></ul><ul><li>Protected as IP against copying but improved design by reverse engineering is regarded as fair. </li></ul><ul><li>Criteria – Original-No Monopoly Right </li></ul>

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Undisclosed Information <ul><li>Undisclosed Information gets recognition as a kind of IP to be protected under TRIPS </li></ul><ul><li>It virtually restricts honest practices to protection of trade secrets. </li></ul>

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Rationale behind IPR <ul><li>IPRs are based on three premises : </li></ul><ul><li>1.Creative activity culminating in IP can be increased by encouragement but not in adequate quantity without economic incentives. </li></ul><ul><li>2.Adequate Economic Benefits as just rewards for creation of IP through grant of Monopoly Rights even if for limited period. </li></ul><ul><li>3.The provision of the Global IP regime to ensure economic returns and safeguarding interests of all concerned. </li></ul>

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Balancing the Rights of Owner & Society <ul><li>There can be no absolute rights in IP because all individual rights are subject to the recognition of the rights of other individuals and the rights of the society. </li></ul><ul><li>Role of State & purpose of Law : Harmonize conflicting claims and achieve balance. </li></ul>

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<ul><li>Protection of Individual Property is important but it is equally important in a democratic polity that the State creates condition and necessary structure for wide spread access to opportunities </li></ul><ul><li>Balancing responsibility of the State reflected in the Indian Law </li></ul><ul><li>Private Property is strongly respected and legally protected, it is no more a fundamental right </li></ul>

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IP & Constitution of India <ul><li>The constitution of India under entry 49 of Union list of matters mentions about Patents, Inventions, Designs, Copyright, Trade Marks & Merchandise;but it makes no specific reference to IP </li></ul><ul><li>However IP as a form of property can be put under Article 300A dealing with property and be entitled to a legal right. </li></ul>

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<ul><li>Experts have indicated towards the possible conflicts between IP, especially the Copyright and the constitutionally guaranteed freedom of speech and expression. </li></ul><ul><li>The Hon’ble Courts have zealously upheld this fundamental freedom.However such challenge has not yet been mounted. </li></ul>

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Enforcement of IPR <ul><li>India and the TRIPS Agreement : India has to a large extent complied with its obligations under TRIPS through a series of amendments to its existing laws and through new legislations. However the TRIPS agreement leaves some room to deal with various issues at national level such as definition of an invention, exception to exclusive rights, compulsory licenses and others. </li></ul>

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New Legislations/Amendments to Existing Legislations <ul><li>The Trade Marks Act,1999 </li></ul><ul><li>The Designs Act, 2000 </li></ul><ul><li>The Protection of Plant Varieties and Farmer’s Rights Act, 2001 </li></ul><ul><li>The Geographical Indication of Goods </li></ul><ul><li>(Registration & Protection) Act, 1999 </li></ul><ul><li>The Semiconductor Integrated Circuits Layout Designs Bill, 1999 </li></ul><ul><li>The Patents Act 1970,as amended by Patents (Amendment) Act, 2002 </li></ul><ul><li>The Copyright Act, 1957 together with International Copyright Order, 1999 </li></ul><ul><li>All issues regarding IPR in India are governed by these legislations </li></ul>

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Issues before Us <ul><li>What is a patentable Invention ? </li></ul><ul><li>“ A new product or process involving an inventive step and capable of industrial application” </li></ul><ul><li>What is not patentable ? </li></ul>

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Procedure for Obtaining Patent <ul><li>Who can apply ? </li></ul><ul><li>A person claiming to be the true and first inventor of an invention </li></ul><ul><li>Filing a Patent Application: </li></ul><ul><li>Only one application is filed for one invention along with provisional or complete specification </li></ul>

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The Specification must contain : <ul><li>Title, sufficiently indicating the subject matter </li></ul><ul><li>Relevant drawings/graphics </li></ul><ul><li>Full & particular description of invention </li></ul><ul><li>Details of its operation or use and the method by which it is to be performed </li></ul><ul><li>Disclosure of the best method of performing the invention </li></ul><ul><li>Claims defining the scope of the invention substantiated by the disclosure </li></ul><ul><li>Abstract providing technical information </li></ul><ul><li>Declaration as to the inventiorship of the invention </li></ul>

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Search for anticipation by previous publication and by prior claim <ul><li>The search requires investigation for </li></ul><ul><li>Prior Applications </li></ul><ul><li>Patents Already Granted </li></ul><ul><li>Already Published or Claimed </li></ul><ul><li>Any objection raised by the examiner are to be removed by applicant within 12 months. </li></ul>

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Acceptance & Advertisement <ul><li>Controller of Patents notifies it to the applicant and also advertises it in the Official Gazette for public inspection </li></ul><ul><li>From date of advertisement to the date of sealing the patent, the applicant enjoys the privileges and rights as if a patent had been sealed on the date of advertisement except the right of infringement. </li></ul>

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Opposition to the grant of Patent <ul><li>Notice to Controller within 4 months from the date of advertisement on following grounds : </li></ul><ul><li>Wrongfully obtained by the inventor </li></ul><ul><li>Anticipated in a specification filed for another patent earlier </li></ul><ul><li>Publicly known in India before priority date of claim </li></ul><ul><li>Not an invention within the meaning of the Act </li></ul><ul><li>The information furnished is false </li></ul><ul><li>Geographical origin is not disclosed or falsely disclosed </li></ul><ul><li>Convention application not filed in India in prescribed time for the same invention in a convention country </li></ul>

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Grant of Patent <ul><li>Where the application for a patent has been accepted without opposition or after disposing the opposition, a patent shall be granted if the applicant makes a request within 6 months of advertisement. </li></ul><ul><li>The patent so granted shall be sealed with the seal of the patent office and the date shall be entered in the register. </li></ul>

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Rights of Patent <ul><li>Right to exploit the patent </li></ul><ul><li>Right to grant license etc </li></ul><ul><li>Right to surrender </li></ul><ul><li>Right to sue for infringement </li></ul><ul><li>LIMITATIONS : </li></ul><ul><li>Purposes of Government </li></ul><ul><li>For imparting instructions to pupils </li></ul><ul><li>Medicine or Drug imported by the Government for its use in hospital, medical institute, Lab, maintained by or on behalf of the Government. </li></ul>

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Difficulties Primarily Faced in Creation of IPR in Academic & Research Institute: 1. Lack of knowledge regarding the novelty/innovation of a research work persuade by a scholar with respect to its suitability for creation of IPR.( Patent Search)

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2. Absence of systematic planning and organizing of a research programme in reference to filing of patent. - To conceive the part or phases of any developmental work justifying its novelty/innovation .

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3. Absence of knowledge regarding the timely disclosure of invention to register the right of inventor- ship/creatorship 4. Lack of idea regarding the type of information, level of technicality and extent of experience /data that can be disclosed or made public by lecturing, publication etc. without harming the interest of the work with respect to its right for IP.

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5. Poor knowledge of preparation of technical and legal write-up of a work to justifying its suitability to register as IPR prior to the legal consideration. 6. Non availability of legal staff / cell in most of the academic institutes to prepare and plead the case of IPR.

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Immediate measures to be taken : Activation of the system for Development of Awareness, Attitude and Culture for creation of IP

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<ul><li>The intellectual property thus vests in a creation of human mind involving knowledge, labor and skill. </li></ul><ul><li>It is the result of sustained intellectual application and efforts by inventors/authors/artists </li></ul><ul><li>Powerful factor of production and wealth generation </li></ul><ul><li>Significant competitive advantage over rivals in the trade and industry </li></ul>

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Eastern Economy edition <ul><li>Eastern Economy Edition: This is a type of International Edition which is usually printed in black and white or reduced color, and may have slightly lower quality paper. </li></ul>

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India Patents Yoga Poses From Western Thefts

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<ul><li>THANK YOU </li></ul>