Intellectual Property: Emerging Indian IP legislations and their impact on businesses
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Transcript of Intellectual Property: Emerging Indian IP legislations and their impact on businesses
Emerging Indian IP legislations and their impact on businessesbyVikram Pratap Singh Thakur
Agenda
Copyright (Amendment) Bill, 2010 Protection and Utilization of public
funded Intellectual Property Bill, 2008
National Innovation Bill, 2008 Trademark (Amendment) Bill, 2009 The Traditional Knowledge
(Protection and Management) Bill, 2010
Copyright (Amendment) Bill, 2010
Copyright (Amendment) Bill, 2010 Major amendment to Indian
Copyright Act, 1957 Introduced in the Rajya Sabha on
April 19, 2010 objective
Provide for additional provisions and update the existing provisions to cater to the current requirements.
Important provisions
Modifications with regard to cinematographic works and sound recording
Exception list expanded Disability provision Parallel import
Digital Rights Management (DRM) Provisions
Protection of technological measures
Digital Rights Management (DRM) Rights management information:
title or other information identifying the work or performance, name of the author or performer, name and address of the owner of rights, terms and conditions regarding the use of the rights number or code that represents the above information
Imprisonment and fine (plus civil remedy) Without authority, remove or alter rights management
information, or Knowingly distribute, import, broadcast or communicate ▪ Without authority▪ With removed or altered rights management information
Protection of technological measures Anti-circumvention of technical measures adopted to
protect copyrighted content Imprisonment and fine
▪ Circumvented with intention to infringe rights Exceptions
encryption research - use lawfully obtained encrypted copy; testing the security of a computer system or a computer
network with authorization; circumvent technological measures intended for
identification or surveillance of a user; lawful investigation; and taking measures necessary in the interest of national
security
Business impact
Increased level of protection for copyrighted works Software Cinematographic, musical, etc.
Low priced editions of works can be imported
Protection and Utilization of public funded Intellectual Property Bill, 2008
Protection and Utilization of public funded Intellectual Property Bill, 2008 Popularly known as the Indian Bayh-Dole
provides incentives for creativity and innovation and promote commercialization of inventions by providing certain benefits
promote collaboration between government, private enterprises and NGOs
increase awareness about IP issues in universities, academic and research institutes
encourage innovation and promote self-reliance.
Important Provisions
Vesting of IP rights IP management committee Sharing of royalty Preference to national industry
Business Impact
Better collaboration between govt. and private sector
Streamlining of universities Tech transfer and licensing
National Innovation Bill, 2008
National Innovation Bill, 2008
Objective Facilitate public, private or public- private
partnership initiatives for building an Innovation support system to encourage Innovation
Evolve a National Integrated Science and Technology Plan
Codify and consolidate the law of confidentiality in aid of protecting Confidential Information, trade secrets and Innovation.
Important Provisions
Support innovation Special measures for supporting
initiatives which deal with low cost technologies
Incentives for angel investors Other facilitation measures
Public private partnerships IP Exchange (IP Market)
Confidential information
Business Impact
Statutory protection for confidential information Easy to interpret Trade secret vis-à-vis patent
Easy to identify potential licensors and licensees (IP exchange)
Innovation support provided
Trademark (amendment) Bill, 2009
Trademark (amendment) bill, 2009 10 August, 2010 – passed by Rajya
Sabha Incorporate the Protocol Relating to
the Madrid Agreement concerning the International Registration of Marks.
The Madrid Protocol will facilitate the filing of trademark applications across the world through a single application with the national office.
Important Provision
Provisions on international registration of trade marks under the Madrid protocol.
Business Impact
Simultaneous protection of trade marks in multiple jurisdictions
Provides an easier and economical route
Obtain faster protection
The Traditional Knowledge (Protection and Management) Bill, 2010
The Traditional Knowledge (Protection and Management) Bill, 2010 Protection and conservation of TK Prevention of misuse of TK Benefit sharing
Business Impact
Collaboration and sharing
Process streamlined and easier
International scenario
US reform bill and India–EU FTA US
First to file Opposition – Post grant review Best mode – not a criteria for invalidation USPTO to set and access own fees
INDIA-EU FTA Harmonization of IP laws Major changes required by EU in Pharma
sector
Thank You!
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