Scope and Application of IPRs

Karan Veer Singh

Intellectual property right is Intellectual property right is intangible; but it can be used as intangible; but it can be used as tangible economic asset once a tangible economic asset once a legal title (IPR) is obtained over legal title (IPR) is obtained over such IP.such IP.

• Patents

• Geographical Indications

• Protection of Plant Varieties and Farmer’s

Rights− Animal Biodiversity/ Genetic Resources: Access,

Benefit Sharing

• Copyrights

• Trademarks / Collective Marks

• Industrial Designs

• Trade Secrets

• Layout Designs of ICs

What is patent? Right on First Disclosure on an Invention

Why Patents? Knowledge Generation Stimulation of Creativity Technology Transfer

Prevents direct copying of invention

Prevents others from patenting your inventions

Makes competitors find other solutions

Enables Patentee to license the invention

Enables industry to know about new inventions

& make new products

Facilitates in locating inventors to seek know-

how

Facilitates Technology Transfer

InventionInvention means a new product or process involving an inventive step and capable of industrial application

Discovery Invention

Discovery is coming across thethings that arealready there

*Watson & Crickdiscovered DNAchain

An invention is something whichhas been createdby Someone

*Marconi inventedradio

Agricultural / horticultural method e.g method of Agricultural / horticultural method e.g method of cultivation of Algae or Mushroom or animals cultivation of Algae or Mushroom or animals

Business method or softwareBusiness method or software

Mere arrangement or re-arrangement of parts of Mere arrangement or re-arrangement of parts of a device each functioning independently of each a device each functioning independently of each other.other.

Method of diagnosis, treatmentof Method of diagnosis, treatmentof humans/animalshumans/animals

Invention relating to Atomic Energy.Invention relating to Atomic Energy.

An invention which is frivolous or which claims any thing An invention which is frivolous or which claims any thing

obviously contrary to well established natural laws.obviously contrary to well established natural laws.

An invention, the primary or intended use or commercial An invention, the primary or intended use or commercial

exploitation of which could be contrary public order or exploitation of which could be contrary public order or

morality or which causes serious prejudice to human, morality or which causes serious prejudice to human,

animal or plant life or health or to the environment.animal or plant life or health or to the environment.

The mere discovery of a scientific principle or the The mere discovery of a scientific principle or the

formulation of an abstract theory or discovery of any living formulation of an abstract theory or discovery of any living

thing or non living substances occurring in nature.thing or non living substances occurring in nature.

The mere discovery of any new property or new use for a known substance or of the mere use of a known process, machine or apparatus unless such known process results in a new product or employs at least a new reactant.

Any process for the medicinal, surgical, curative, prophylactic, diagnostic therapeutic or other treatment of human beings or any process for a similar treatment of animals to render them free of disease or to increase their economic value or that of their products.

Plants and animals in whole or any part there of other than micro organisms but including seeds, varieties and species and essentially biological processes for production or propagation of plants and animals.

A mathematical or business method or a computer A mathematical or business method or a computer programme per se or algorithms programme per se or algorithms

A literary, dramatic musical or artistic work or any A literary, dramatic musical or artistic work or any other aesthetic creation whatsoever including other aesthetic creation whatsoever including cinematographic works and television productions.cinematographic works and television productions.

A mere scheme or rule or method of performing A mere scheme or rule or method of performing mental act or method playing game.mental act or method playing game.

A presentation of information.A presentation of information.Topography of integrated circuits Topography of integrated circuits An invention which in effect, is traditional knowledge An invention which in effect, is traditional knowledge

or which is an aggregation or duplication of known or which is an aggregation or duplication of known properties of traditionally known component or properties of traditionally known component or componentscomponents

Invention which must Invention which must Be a new product or process (novel)Be a new product or process (novel)Have an inventive step (non obvious)Have an inventive step (non obvious)Be capable of industrial applicationBe capable of industrial applicationBe sufficiently disclosed in the specification Be sufficiently disclosed in the specification

Invention should NOT beInvention should NOT bePublished in India or elsewhere Published in India or elsewhere In prior public knowledge or prior public use In prior public knowledge or prior public use

within India.within India.Claimed before in any specification in India or Claimed before in any specification in India or

elsewhere. elsewhere.

A feature of invention that involves A feature of invention that involves technical advancement as compared to technical advancement as compared to existing knowledge or having economic existing knowledge or having economic significance or both and that makes significance or both and that makes invention not obvious to a person skilled in invention not obvious to a person skilled in the art.the art.

Invention should be capable of being Invention should be capable of being made or used in an industry to result made or used in an industry to result some tangible technical results.some tangible technical results.

• A geographical indication is a name or sign used on certain products, which corresponds to a specific geographical location or origin (eg. a town, region, or country).

• The use of a GI may act as a certification that the product possesses certain qualities, or enjoys a certain reputation, due to its geographical origin.

The whole community, which belongs to that particular region owns the GI

- Property of the community, unlike trademark which is a traders property

- To exclude unauthorized persons from misusing GI

- Quality and reputation owing to a place of origin

Registration of a geographical indication

remains valid for a period of 10 years Not granted to individuals It’s a national property (Association,

Authority, Organization)e.g. Tea Board, Coffee Board, Spice

BoardIt can be renewed from time to time forfurther period of 10 years each

Protection as undisclosed information (Parental Lines of Hybrids).

Protection by way of Registration/ Grant under the Law◦ Patent (Utility/ Standard Patent)◦ Plant Patent◦ Plant Variety Protection◦ UPOV system: Plant Breeder’s Right

Sui generis protection

◦ A TRIPS’ Obligation [TRPS Art. 27.3 (b)]◦ Plant Variety Right - essentially – UPOV 1978,

1991◦ Farmers’ Right – optionally – PPV&FR Act (Indian

Law)

An exclusive right to produce, reproduce, publish and inform work in all ways known and possible

It is right to copy and make use of literary, dramatic, musical and artistic works and cinematograph films and sound recordings

.

Main criteria of copyright registration is its originality

Royalty-Valued as one of the components of goodwill a copyright owner gets as consideration for the assignment rights

Taxable Movable property

•The general rule is that copyright lasts for 60 years

•literary, dramatic, musical and artistic works – 60 year period is counted from the year following the death of the author

•Cinematograph films, sound recordings, photographs, works of government and works of international organizations – 60 year period is counted from the date of publication

A trade mark is a distinctive sign or indicator of some kind which is used by an individual or business organization to uniquely identify the source of its products and/or services to consumers

•Connotes, quality, reputation, goodwill and distinctiveness• Provides a thrust to the trader to market goods with confidence• Infuses in trader/service provider a new spirit in trade

• A trademark enables a customer to distinguish the product of one manufacturer from the other.

• The trademark becomes an effective instrument to attract customers and by its proper use, the trademark acquires goodwill of customers

• Compels the attention of the customers

• Ensures consistency in quality of goods & services

A trade mark can comprise a name, word, phrase, logo, symbol, design, image, or a combination of these elements & It should be

ORIGINAL

Examples: AMUL,

The term of a trademark is ten (10) years from filing date

It can be renewed further after every ten(10) years

Design refers to the 2- or 3- dimensional drawing

delineating features of – Shape – Configuration – Pattern – Ornamentation– Compositions of lines or colors

Applied to any article in 2-d or 3-d or in both forms, and are judged solely by the eye. Applied to an article for its manufacturer

• Appearance and shape of the product is registered as design

• Trademark is a label attached to the product

• Appearance i.e. design promotes marketability of product

• Registered design provides legal cover against copy-cats

Novelty: Novelty is judged solely by eye w.r.t. external appearance of the finished Article

Absolute Novelty– i.e. Not publicly known or use in India or elsewhere

Design of Mechanical Cow for composting

Design of Aqua Ferti-Seed Drill

A trade secret is a formula, practice, process, design, instrument, pattern, or compilation of information which is not generally known or reasonably ascertainable, by which a business can obtain an economic advantage over competitors or customers

In some jurisdictions, such secrets are referred to as "confidential information“

Example- Coca Cola, Pepsi etc.

Integrated circuit layout, also known IC layout, IC mask layout, or mask design, is the representation of anintegrated circuit in terms of planar geometric shapeswhich correspond to the patterns of metal, oxide, orsemiconductor layers that make up the components of the integrated circuit.

Layout view of a simple CMOS Operational Amplifier