Ipr and Patenting
Transcript of Ipr and Patenting
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