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Indian Intellectual Property Rights
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A Presentation
By
Anurag saraogi
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A NEW ERAFULL OF CHALLENGES&OPPORTUNITIES
in IPR, INNOVATION&
PATENTING
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INDIA / INDIANSWill overcome the ongoing
state of confusion & will move
on to the centre stage of
action on innovative research
& patenting as well as practice
of all forms of IntellectualProperty.
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What is wrong with Indians ?38% of doctors in USA are Indians
12% of scientists in USA are Indians
36% of NASA scientists are Indians
34% of Microsoft employees are Indians
28% of IBM employees are Indians
17% of INTEL scientists are Indians 13% of XEROX employees are Indians
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Wealthiest ethnic group
in USA
(3.22 millions / 1.5% of
population)
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CEO ofCITIBANK MCKENSEY STANCHART
Victor Menezes Rajat Gupta Rana Talwar
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Microsoft Testing DirectorSanjay Tejwrika
GM of Hewlett Packard
Rajiv GuptaPresident of AT&T-Bells LabsArun Netravalli
Founder & Creator of HotmailSabeer Bhatia
Third richest man on the worldAzim Premji
(Sultan of Brunei gone to 6thposition)
Creator of Pentium ChipVinod Dahm
Co-founder of Sun MicrosystemsVinod Khosla
The decimal system developed in India100BC
Sushruta is the father of surgery
2000years agoAryabhatta inventedZero
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Property Tangible
Intangible
Right
Idea
Expression Copyright
Trademark
Innovation
Quality / Identity
Invention
Patents
Trade Secrets
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PropertyRight
INTELLECT
PROPERTY
RIGHT
IdeaExpressionCopyright
Idea Innovation InventionPatent
IdeaQuality + Identity trademark
Ideaappearancedesign
Ideakeep confidential Trade Secrets
no disclosure
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Intellectual Property
Rights
CopyrightsTrademarks
PatentsIndustrial Designs (+ I.C. layouts)
Trade Secrets (confidentiality agreements)Geographical indications
Anti-competitive practices (in contractual licences)
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Respective Legislations in India
Patents - Patent Act, 1970 (+ amendments)
Design - The Design Act, 1911
Trademarks Trade & Merchandise Marks Act, 1958 + 1999
Copyrights The Copyright Act (1957 as amended from time to
time)
Layout Design of - Bills are passed
Integrated Circuits, in Parliament -
Geographical Indications, follow up in progress
Convention on Biodiversity etc.
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TRADEMARK
(BRANDNAME)
Design Copyright
(Packing (printed matter &
Format + manner of presentation)Style)
G.I.
PATENT Trade Secret
(novel formulation Know-how
process/combination)
Product
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Authorities in India
Controller General of Patents, Designs andTrademarks
under
Department of Industrial Development, Ministryof Industry
__________________________
Copyrights registration
Under
Ministry of HRD/Education
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International Organizations
& Treaties
GATT / WTO
WIPO
PCT BUDAPEST TREATY
STRASSBOURG
AGREEMENT (IPC)
USPTO35 USC EPO / EPC
TRIPs
PARIS
CONVENSION PLT
(TRIPS COUNCIL)
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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 orplace of origin of that product. Typically, such a
name conveys an assurance of quality and
distinctiveness which is essentially attributable to
the fact of its origin in that defined geographical
locality, region or country.
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GEOGRAPHICAL INDICATION
India, as a member of the World TradeOrganization (WTO), enacted the GeographicalIndications of Goods (Registration & Protection)Act, 1999 which is likely to be operationalized
soon with the notification of the Rules.
Geographical Indications of Goods
(Registration & Protection) Act, 1999
Geographical Indications of Goods(Registration & Protection) Rules, 2002
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GEOGRAPHICAL INDICATION
What is a Geographical Indication ?
It is an indication
It originates from a definite geographical territory It is used to identify agricultural, natural or
manufactured goods
The manufactured goods should be produced or
processed or prepared in that territory
It should have a special quality or reputation or othercharacteristics
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GEOGRAPHICAL INDICATION
Examples of possible Indian Geographical Indications
Basmati Rice
Darjeeling Tea
Kanchipuram Silk Saree
Alphanso Mango
Nagpur Orange
Kolhapuri Chappal
Bikaneri Bhujia
Agra Petha Goa Feni
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Geographical Indications as Certification Marks
Geographical indications can be protectedthrough a trademark system:
As certification marks or;
As collective marks.
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Certification Marks
A certification mark is a type of trademarkwhich indicates to consumers:
1) geographic origin of a product;
2) materials used, quality, method ofmanufacture, and accuracy; or
3) products made under the auspices of, or bymembers of, a specific trade union or
organization.
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Collective Marks
Indicate membership in a group ororganization.
Can also identify group members.
Proprietors of collective marks canexclude people from using the mark.
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WHAT CANNOT BE PATENTED IN INDIA
SECTION 3
CONTRARY TO NATURAL LAWS
CONTRARY TO MORALITY
MERE IDEA/DISCOVERY
MERE ADMIXTURE
METHOD OF TESTING ? NEW USE OF A KNOWN MATERIAL METHOD OF AGRICULTURE
PROCESS OF TREATING HUMAN BEINGS OR ANIMALS
SECTION 4 ATOMIC ENERGY
SECTION 5
SUBSTANCES USED AS FOOD, MEDICINE OR DRUG
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PATENTS
Indiahttp://www.patentoffice.nic.in
Patent Act, 1970
Patent Rules, 1972
Patent (1st
Amendment) 1999Patents
http://www.patentoffice.nic.in/http://www.patentoffice.nic.in/8/4/2019 Indian Ipr
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PATENTS
Patent (Amendment) 2002 Act
Patent Rules2002 (Draft)
Patent Rules 2002
(expected to be announced shortly & to
be effective from 1st April 2003)
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Patents (Amendment) Act, 2002Highlights
Duration of Term of Patent - Extended to 20 yearsFor all process/product
including currently valid patents
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Highlights (contd..)
Invention/inventive step definitions as per TRIPs
Scope widened Micro organisms
mathematical or businessmethod or computer
program with applications/
utility (except by itself)
traditional knowledge
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Highlights (contd)
Traditional Knowledge - Excluded (as such)
from Patentability
PCT - Provisions & Proceduresintroduced
Depository for Biological - Budapest Treaty compliance
Hi hli h ( d)
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Highlights (contd)
Compulsory Licence - specified and defined (withProvisions and without 3 year restriction)
includes Doha Declaration
Licence of Right - Deleted
Quantum of Royalties - open for negotiation- taking into account the
economic value of the use of
the patent
- not more than adequate
remuneration
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Highlights (contd)
Waxman-Hatch Type - Regulatory approval relatedprovision / working during
life of patent without
restriction allowed
Reversal of burden of - In case of process patent
proof
Parallel Imports - IncorporatedProvisions
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Highlights (contd)
Publication - On 18 months (DOA or DOP)
Examination - Only on request (48 months)
Appellate Board - introduced
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WHY PATENTS ?
- Rewards to Inventor
- Motivates / stimulates inventive
research
- Encourages maximum disclosure
to enable further research and
technology development
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DESIGNS
The existing legislation on industrial designs in India iscontained in the New Designs Act, 2000 and this Act willserve its purpose well in the rapid changes in technologyand international developments.
This replacement Act is also aimed to inact a more detailedclassification of design to conform to the internationalsystem and to take care of the proliferation of design
related activities in various fields.
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TRADEMARK
A trademark provides protection to theowner of the mark by ensuring the exclusiveright to use it to identify goods or services, orto authorize another to use it in return for
payment. The period of protection varies, buta trademark can be renewed indefinitelybeyond the time limit on payment ofadditional fees. Trademark protection isenforced by the courts, which in most systems
have the authority to block trademarkinfringement
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TRADEMARK
What kinds of trademarks can be registered ?
The possibilities are almost limitless. Trademarks may be one or acombination of words, letters, and numerals. They may consist ofdrawings, symbols, three-dimensional signs such as the shape andpackaging of goods, audible signs such as music or vocal sounds,fragrances, or colors used as distinguishing features.
In addition to trademarks identifying the commercial source of goods orservices, several other categories of marks exist. Collective marks areowned by an association whose members use them to identify themselveswith a level of quality and other requirements set by the association.Examples of such associations would be those representing accountants,
engineers, or architects. Certification marks are given for compliance withdefined standards, but are not confined to any membership. They may begranted to anyone who can certify that the products involved meet certainestablished standards. The internationally accepted ISO 9000 qualitystandards are an example of such widely recognized certifications.