IPR & PATENTING

PRESENTED BY:

Jyotsana Thakur & Harprabhjit Kaur

Roll No. RA77M2A02 & RA77M2A05

B.Tech(H)M.Tech(BIOTECHNOLOGY)

IPR

Intellectual Property Rights

An idea which can give rise to a useful

application

But they can be copied which minimizes the

returns to the original inventor.

The right of an inventor to derive economic benefits

from his invention is called IPR.

PROTECTION OF IPR

Depends mainly on the type of :

Intellectual property

Protection sought

Main forms are

Trade secrets

Patents

PBR

Copyright

Beware !!!!

TRADE SECRET

When the individual owing an intellectual

property does not disclose the property to

any one and keeps it as a closely guarded

secret to promote his business interests.

May relate to :

Formula

Processes

Materials

CONTINUED

In the area of biotechnology, materials kept as

trade secrets include :

Cell lines

Microorganism strains

Production processes, etc.

ADVANTAGES

Unlimited duration

The cost of filing, contesting, and enforcing

patents is saved

Not necessary to satisfy the stringent

requirements for protection under patents

The risk of someone improving upon the

product, process, etc. is minimised

DRAWBACKS

Maintaining trade secret itself is costly

Offers no protection from independent

innovation

Non disclosure of the invention does not give

others a chance to improve upon the original

invention

Can’t be applied to many inventions such as

equipment designs, plant varieties, etc.

PATENTS

Right granted by a Govt. to an inventor to

exclude others from imitating, manufacturing,

using or selling the invention in question for

commercial use during the specified period.

CONTINUED

Patents are granted for :

Invention

Innovation in an improvement

Process of an invention

Product of an invention

Concept

PATENT REQUIREMENTS

Novelty

Inventiveness

Patentability

Industrial application and usefulness

Disclosure

LIMITS OF PATENT

Time: valid for a specified period of time from

the date of its award.

Most countries : 15-20 years

Indian Patent Act: 7-14 years

Space: valid only in the country of its award

not in other countries.A group of nations may agree to honor the patents awarded

by any member country,

Example: European Economic Community

PROCEDURE

COPYRIGHT

Certain intellectual properties are not

patentable; they are protected by copyright.

Example: Edited books, audio and video cassettes,

etc.

It provides protection for a specified period,

and only for reproduction as such of the

copyright material.

COPYRIGHT

CONTINUED

In case of biotechnology, copyright protection

is available for DNA sequences.

But one may get around this protection by

designing alternative sequence to encode the

same protein taking advantage of genetic code

degeneracy.

GEOGRAPHICAL INDICATION

Geographical Indications of goods are defined

as that aspect of industrial property which

refer to the geographical indication referring

to a country or to a place situated therein as

being the country or place of origin of that

product.

Typically, it conveys an assurance of quality and

distinctiveness which is essentially attributable

to the fact of its origin in that defined

geographical locality.

CONTINUED

India, as a member of the World Trade

Organization (WTO), enacted the

Geographical Indications of Goods

(Registration & Protection) Act, 1999 which is

likely to be operationalized soon with the

notification of the Rules.

Geographical Indications of Goods Act 1999

Geographical Indications of Goods Rule2002

CONTINUED

An indication Originates from a definite geographical

territory Used to identify agricultural, natural or

manufactured goods processed or prepared inthat territory

Should have special quality or reputation orother characteristics.

CONTINUED

Examples : Basmati rice

Darjeeling tea

Kanchipuram Silk Saree

Alphanso Mango

Nagpur orange

Kolhapuri chappal

Bikaneri bhujiya

Agra petha

PLANT VARIETY PROTECTION

Plant varieties and animal breeds are

developed through years of painstaking and

scientifically planned work.

So these entities should be regarded as

intellectual properties of the breeders who

have developed them.

It is argued that these entities are essentially

derived from naturally occurring lines, but

after change in gene combination.

PLANT BREEDERS RIGHTS

Many countries recognize plant varieties as an

intellectual property and grant a protection to

them through a patent or a suitable form of

PBR.

In USA, there are 3 different systems:

The Plant Patent Act 1930

The PlantVariety Protection Act 1970

The Utility Patents Act 1985

CONTINUED

The Plant Patents Act 1930: covers varieties of

asexually propagated crops

Example: Ornamentals and Fruit trees

The Plant Variety Protection Act 1970: US

version of the plant breeders rights system

followed by European Union and several other

countries.

The Utility Patents Act 1985: cover man made

industrial inventions and processes.

HARMONIZATION

Paris Convention for the Protection of

Industrial Property in 1983

Established equal protection of industrial IPR

under the laws of member countries for both

nationals and residents of other member

countries of the convention

Allows inventors to claim priority in all the

member countries by filing a patent application

initially in one member state

EPC

The European Patent Convention

Began in 1978

17 member states

First to introduce specific provisions for

biotechnology inventions, including

Need for depositing cultures of microorganism

for which patents are sought

Exclusion of plant and animal varieties breed

through classical methods from patent coverage.

GATT / WTO

The World Trade Organization (WTO) is theonly Global international organization dealingwith the rules of trade between nations. At itsheart are the WTO agreements, negotiatedand signed by the bulk of the world’s tradingnations and ratified in their parliaments.

The goal is to help producers of goods andservices, exporters, and importers conducttheir business (146 members; 30 observers;others)

WIPO

The World Intellectual Property Organization International organization dedicated to

promoting the use and protection of works ofthe human spirit

With headquarters in Geneva, Switzerland,WIPO is one of the 16 specialized agencies ofthe United Nations systems of organizations.It administers 23 international treaties dealingwith different aspects of intellectual propertyprotection.

CONTINUED

Objectives of the organization :

To promote the protection of intellectual property

throughout the world through cooperation among

States and, where appropriate, in collaboration with

any other international organization

To ensure administrative cooperation among the

Unions.

TRIPs

The Trade Related Intellectual Property Rights

Agreement which forms a part of the Uruguay

Round to GATT (General Agreement on

Tarrifs and Trade; signed by India and other

states)

Multilateral WTO Agreement, applicable to all

existing and newly acceding Members.

CONTINUED

Intellectual Property Rights itself is defined, in

the context of the TRIPS as a right given to

people over the creations of their minds. It

usually gives the creator an exclusive right

over the use of his creations for a certain

period of time.

CONTINUED

The TRIPS Agreement consists of 73 articlescontained in the following seven parts :Part I : General provisions and basic principles

Part II : Standards concerning the availability, scope and useof Intellectual Property Rights

Part III :Enforcement of Intellectual Property Rights

Part IV : Acquisition and maintenance of IntellectualProperty Rights and related inter-parties procedures

PartV :Dispute prevention and settlement

PartVI :Transitional arrangements

PartVII : Institutional arrangements; final provisions

CONTINUED

For the purpose of TRIPs agreement,

intellectual property refers to all categories of

intellectual property that are the subject of

section 1 to 7 of part 2 of the TRIPs

agreement viz.Copyright and related rights

Trademarks

Geographical Indications

Industrial Designs

Patents

MAIN PROVISIONS OF TRIPs

General obligations: national treatment and

most-favored nation treatment

Minimum standards of protection for all types

of IPRs:

Patents, copyright and related rights, trademarks,

geographical indications, industrial designs, trade

secrets, etc.

Obligations on the enforcement of IPRs

BENEFITS FROM IPR

Encourages and safeguards intellectual and

artistic creations

Encourages investments in R&D efforts

Provides consumer with the results of

creations and inventions

Enables dissemination of new ideas and

technologies.

PROBLEMS FROM IPR

Monopolies may takeovers have been

motivated by access to an IPR

Perceived as a threat to food security

May adversely affect biological diversity and

ecological balance

Complicated- as monitoring and tackling the

IPR aspects of inventions

enhances cost

demands time, attention and effort

may act as disincentive for R&D efforts