IPR CELL ON IP - Bharathidasan University · IPR CELL ENGAGE WITH PRIMER ON IP. Technology impacts...
Transcript of IPR CELL ON IP - Bharathidasan University · IPR CELL ENGAGE WITH PRIMER ON IP. Technology impacts...
IPR CELLENGAGE WITH PRIMER
ON IP
Technology impacts virtually every facet of our lives
today and shows no signs of slowing down. From doing
research to shopping to driving your car to managing
your health, it’s with you every step of your day.
4. Intellectual Property Rights Encourage Innovation and Reward Entrepreneurs
1. Intellectual Property Drives Economic Growth and Competitiveness
2. Intellectual Property Creates and Supports High-Paying Jobs
3. Intellectual Property Helps Generate Breakthrough Solutions to Global Challenges
✓ IP means the property, which is created with intellect such as
inventions, books, paintings, songs, symbols, names, images, or
designs used in business, etc.
✓ IP is a property which cannot be touched or seen and is product of a
person’s intelligence, hard work, and skill.
✓ IP, like any real property that i) can be bought, sold, licensed,
exchanged, given away ii) The owner can prevent unauthorized use
and can take legal action, in case someone else uses it without
permission.
✓ Legal rights conferred on such property are called “Intellectual
Property Rights” (IPRs).
Intellectual Property (IP)
Pa
tents
Desi
gns
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Copyri
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GI
Pla
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rote
ctio
n
Sem
ico
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uct
or
Layou
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esi
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Pa
tents
Pa
tents
Terminology
A Patent gives monopolistic rights to its owner to exclude others, from making, using, selling, offering for sale or importing the product or the process for producing the product without his consent
Any product or process which is new, non- obvious and
capable of industrial application can be patented
The term of every patent in India is twenty years from
the date of filing the Patent application
The Patents Act, 1970 and the Patents Rules 1972 subsequently amended in 1999, 2002, 2005 and 2016 govern the provisions relating to Patents in India
What?
Law
governing
Pa
tents
Desi
gns
Terminology
Industrial Designs are the features of shape, configuration, pattern,
ornament or composition of lines or colours applied to the product
which makes it look different from other articles in the market.
The purpose of industrial designs is to add on to the aesthetic value
of the product to increase the marketability while making our life
easier.
What?The design must be new and distinct. The design protection is provided
for 10 years. The period of protection is extendable to 5 years after the
expiry of 10 years’ duration.
Law
governing
The Designs Act 2000 governs the provisions relating to designs
in India and specifically mentions that the design to be registered
must be visible on the finished article
Pa
tents
Desi
gns
Tra
dem
ark
s
Trademark is a mark accorded with protection, intended to serve the
purpose of recognizing the source/origin of the goods or services to
which the particular mark belongs.
Terminology
What?
Law
governing
A trademark is a mark which is unique, distinctive, made up of names,
symbols, signs, sounds, images, shape, packaging, colour combination,
and capable of distinguishing one product from another.
Term of registration of a trademark is ten years, which may be renewed
for a further period of ten years on payment of prescribed renewal fees.
The Trade Marks Registry was established in India in 1940
and presently it administers the Trade Marks Act, 1999 and
the rules thereunder.
Pa
tents
Desi
gns
Tra
dem
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s
Co
pyri
gh
ts
01
02
03
Terminology
What?
Law
governing
Copyright is an exclusive legal right granted to the creators of
intellectual work. Copyright protects “original works of
authorship” that are fixed in “a tangible form of expression.”
Copyright owner has rights to reproduce, translate, adapt,
perform, distribute and publicly display the work, etc.
The Copyright Act, 1957 governs the provisions relating to
copyrights in India.
Literary including Software, Artistic, Dramatic, Musical, Sound Recording, Cinematograph Films fall into copyrightable works
Literary, Dramatic, Musical or Artistic Works – Lifetime of the
author until 60 years from the death of the author.
For others – 60 years from the year in which the recording
was published.
Pa
tents
Desi
gns
Tra
dem
ark
s
Copyri
ghts
GI
Terminology
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
What?
Geographical Indication is primarily an agricultural,
natural or a manufactured product (handicrafts and
industrial goods) originating from a definite
geographical territory.
Law governing
Geographical Indications in India is protected under the
Geographical Indications of Goods (Registration &
Protection) Act, 1999 and the Geographical Indications
of Goods (Registration & Protection) Rules, 2002.
Pa
tents
Desi
gns
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dem
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s
Copyri
gnts
GI
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nt p
rote
ctio
n
To provide an effective system
for protection of Plant varieties
and rights of farmers and plant
breeders.
To recognize the farmers in
respect of their contribution
made at conserving, improving
and making available plant
genetic resources for
development of new plant
varieties.
New Variety,
Extant Variety,
Farmers Variety,
Variety of
Common
Knowledge
Essentially
Derived Variety
Trees & Vines – 18
years; Other Crops
– 15 years
The Protection of Plant
Variety and Farmers’
Rights Act was passed
by the Indian
Parliament in 2001.
Rules were notified by
the Department of
Agriculture (now
known as Department
of Agriculture and
Farmers Welfare) in
2003.
What?Law
governingTerminology
Pa
tents
Desi
gns
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s
Copyri
ghts
GI
Pla
nt P
rote
ctio
n
Sem
icondu
ctor
Layou
t desi
gn
Law
governingWhat?Terminology
Protection provided for
the ‘layout-designs’ of a
semiconductor integrated
circuit
The fact that protection
could not be granted
under neither under
patents, due to high
threshold of ‘novelty’
requirements
Original, Distinctive,
Capable of
distinguishing from any
other layout design,
Has not been
commercially exploited
anywhere in India or in
a convention country.
Period of ten years from
the date of filing of an
application
Semiconductor
Integrated Circuits
Layout Design Act
2000
Semiconductor
Integrated Circuits
Layout Design
Rules 2001
Genetic Resources & Traditional Knowledge
• Genetic resources (GRs) refer to genetic material of actual or potential value.
• Genetic material is any material of plant, animal, microbial or other origin containing functional units of heredity.
• Traditional knowledge means the knowledge, systems, innovations and practices of local communities across the globe.
• Such wisdom has been developed and accumulated over the years and has been used and passed down through several generations.
The Biological Diversity Act, 2002
was enacted for preservation
of biological diversity in India, and
provides mechanism for equitable
sharing of benefits arising out of the
use of traditional biological
resources and knowledge
Traditional Knowledge Digital Library
Set up in 2001 by Council of Scientific and Industrial Research (CSIR) in collaboration
with the MINISTRY OF AYUSH
Encourages modern research based on Traditional Knowledge
Wrong Patents in traditional knowledge are prevented from being granted -TKDL is an effective deterrent against
bio-piracy Maintains the ancient knowledge and
traditionally passed verbal knowledge e.g., Knowledge about medicinal plants
Access given to several International
Patent Offices
3,00,000+ entries of traditional Indian medicinal systems of Ayurveda, Unani,
Siddha and YogaTranslations available in 5 international languages i.e.
English, Japanese, French, Spanish and German
Trade Secrets
• Any confidential business information which provides an enterprise a competitive edge may be considered a trade secret. Trade secrets encompass manufacturing or industrial secrets and commercial secrets
• Trade Secrets may include R&D Information, Software Algorithms, Inventions, Designs, Formulas, Financial Records, Ingredients, Lists of Customers, Devices, Methods, Consumer Profiles and Advertising Strategies or Policies of a Company, etc.
• A trade secret can be protected for an unlimited period of time
To promote creativity and the
dissemination and application of its
results and to encourage fair trading
which would contribute to economic
and social development
To give statutory expression to the moral
and economic rights of creators in their
creations and the rights of the public in
access to those creations
Global innovation Index (GII)
2GII is concerned primarily with improving
the journey towards a better way to
measure and understand innovation and
with identifying targeted policies and
good practices that foster innovation
1GII is co-published by Cornell University,
INSEAD, and the World Intellectual
Property Organisation (WIPO), a
specialised agency of the United Nations.
3India is consistently an overachiever
relative to its level of development, India
has the potential to make the true
difference to the global innovation
landscape
GII (India Ranking)
201857th
2017
60th
2016
66th
2015
81st
Innovation is not only a driver of economic growth but
also a wellspring of solutions to pressing social matters
Growth due to New IP Policy, 2016
SportsHere add some brief
text to explain
Game timeFind out how these intellectuals be protected ?
SportsHere add some brief
text to explain
AnswersSee how these intellectuals can be protected
Designs Trademark CopyrightGeographical
indication
PatentsTrade SecretPlant
protectionSemiconductor layout design
SportsHere add some brief
text to explain
Game timeSee how these intellectuals be protected ?
Designs Trademark CopyrightGeographical
indication
PatentsTrade SecretPlant
protectionSemiconductor layout design
SportsHere add some brief
text to explain
Game timeSee how these intellectuals be protected ?
Designs Trademark CopyrightGeographical
indication
PatentsTrade SecretPlant
protectionSemiconductor layout design
SportsHere add some brief
text to explain
Game timeSee how these intellectuals be protected ?
Designs Trademark CopyrightGeographical
indication
PatentsTrade SecretPlant
protectionSemiconductor layout design
SportsHere add some brief
text to explain
Game timeSee how these intellectuals be protected ?
Designs Trademark CopyrightGeographical
indication
PatentsTrade SecretPlant
protectionSemiconductor layout design
SportsHere add some brief
text to explain
Game timeSee how these intellectuals be protected ?
Designs Trademark CopyrightGeographical
indication
PatentsTrade SecretPlant
protectionSemiconductor layout design
SportsHere add some brief
text to explain
Game timeSee how these intellectuals be protected ?
Designs Trademark CopyrightGeographical
indication
PatentsTrade SecretPlant
protectionSemiconductor layout design
SportsHere add some brief
text to explain
Game timeSee how these intellectuals be protected ?
Designs Trademark CopyrightGeographical
indication
PatentsTrade SecretPlant
protectionSemiconductor layout design
How can you contribute to IP?
Be
innovative
Respect
others
rights
Produce
original
work
Think
outside the
box
Improve
creative
thoughts
Buy only
original
products
Avoid
pirated
works
Stop
Counterfeiting
Plagiarism is a type of
cheating where a person
steals someone else’s idea and
uses it in his own work. It is a
gnawing issue in India’s
academia for years and even
top academicians have fallen
prey to it. The government's
move is expected to ensure
integrity in scholarly work.
PLAGIARISM
Patents For an invention to be patentable, it needs to satisfy 3 criteria:
1. It must be new, i.e. it is not something already existing in the
current knowledge anywhere in the world, i.e. not in public
domain in any form, before the filing of patent application.
(Novelty)
2. It must be non-obvious to any person who is skilled in the
relevant field of technology. That is, the standard is a person
reasonably skilled in such field of study and not a layman.
(Inventive Step)
3. Lastly, it must be capable of industrial application, i.e.
capable of being applied to practical utilities and not just
pure theory. (Industrial use)
A patent is valid within the territory of country where it is granted;
however, protection can be availed in other countries by filing
applications in relevant patent offices.
Non – patentable inventions
DISCOVERIES
& SCIENTIFIC
THEORIES
MERE DISCOVERIES
OF SUBSTANCES AS
THEY NATURALLY
OCCUR IN THE
WORLD
INVENTIONS
THAT MAY
AFFECT PUBLIC
ORDER GOOD
MORALS OR
PUBLIC HEALTHY
DIAGNOSTIC,
THERAPEUTIC
AND SURGICAL
METHODS OF
TREATMENT FOR
HUMANS OR
ANIMALS
PLANTS AND ANIMALS
OTHER THAN
MICROORGANISMS
AND ESSENTIALLY
BIOLOGICAL
PROCESSES FOR THE
PRODUCTION OF
PLANTS OR ANIMALS
4321
Need to patent your invention?
NOVEL
INVENTION
PATENT
SEARCH
PATENT
DRAFT
FILE AN
PATENT
APPLICATION
Patenting Process
1
2
3
4
5
6FILE AN
PROVISIONAL
PATENT
APPLICATION
FILE AN
COMPLETE
SPECIFICATION
WITHIN 12 MONTHS
FROM PROVISIONAL
FILING
PUBLICATIONAFTER 18 MONTHS
EXAMINATION
UNDER PROCESS
EXAMINATION
REPORT
REQUEST FOR
EXAMINATIONWITHIN 48 MONTHS
FROM DATE OF
PRIORITY
Patenting Process …
107
8
9
GRANT OF
PATENT
REPLY FOR
EXAMINATION
REPORT
CONTROLLER
HEARING
REPLY WITHIN 6
MONTHS
(EXTENDABLE BY
3 MONTHS)
MAXIMUM THREE
OFFICE ACTION
Basic Structure of Patent
01ABSTRACTCrux of the
invention
02DESCRIPTION
Brief description of the invention
03CLAIMS
Aspects to claim/monopolize
04DRAWINGSImage that best represents your invention
Application
number
E.g., 201741038723,
7117/CHE/2015, PCT/GR2004/000019
Title
Title of the invention
Filing date
Date of filing an application
Field of
invention
Invention Categorization
Classification
International Classification
Cooperative Classification
Basic Patent Terminologies
Inventor
Name of the inventor
Applicant
Name of the assignee
Application
type
Type of Application i.e. National
Phase or Indian application
Priority
Date &
Country
Date of Priority and country in
which first filing takes place
Patent
number
Granted application number
Basic Patent Terminologies …
Tools for Patent Search
Keyword
SearchClassification
Search
Number
Search
Others
E.g., Country,
date etc.
Literary including Software – Books, Essay, Compilations, Computer Programs
Artistic – Drawing, Painting, Logo, Map, Chart, Photographs, Work of Architecture
Dramatic –Screenplay, Drama
Musical – Musical Notations
Sound Recording –Compact Disc
Cinematograph Films – Visual Recording which includes sound recording
Copyright is an exclusive legal right granted to the
creators of intellectual work.
Copyrights
COPYRIGHT REGISTRATION
PROCESS
ISSUE OF DIARY No.
FILING OF
APPLICATION
30 DAYS MANDATORY
WAITING FOR
OBJECTIONS
NO OBJECTION SCRUNIZATION BY
EXAMINER
REGISTRATION
APPROVED
1 2 53 4
Trade Marks Registry Mumbai (Head Office) Delhi Kolkata Chennai Ahmedabad
Geographical Indications Registry Chennai
Designs Wing Kolkata
Kolkata (Head Office) Delhi Chennai MumbaiPatent Office
SICLDR # Delhi
Copyrights Office Delhi
IP Offices, India
Sources
1.Intellectual property India
http://www.ipindia.nic.in
2.Cell for IPR promotion and Management (CIPAM)
http://cipam.gov.in/
3.Copyright Office
http://copyright.gov.in/
4.World Intellectual Property Organisation
http://www.wipo.int/portal/en/index.html
5.Online materials from various sources
Thanks for your Participation