![A Clock and radio in a single cabinet
A flour-mill provided with sieving
G) Deleted [ Methods of Testing]
Not patentable
Method of Agriculture or Horticulture
• e. g. Cultivation of algae ,
Producing new form of a known plant,
preparation of an improved soil
40](https://image.slidesharecdn.com/iprwordppt-230418085216-d5fd1d41/85/ipr-word-ppt-docx-41-320.jpg)
![essentially attributable to its
geographical origin.
In case of manufactured goods one of the
activities of either the production or
processing or preparation of the goods
concerned takes place in such territory,
region or locality, as the case may be
(Section 2[1]{e}).](https://image.slidesharecdn.com/iprwordppt-230418085216-d5fd1d41/85/ipr-word-ppt-docx-83-320.jpg)
![Registration
Provides for registration
Of GIs, Proprietors & Authorized Users
[S.6(1)]
Valid for 10 years; renewable ad nauseum
(S. 18)
Registration prima facie evidence of
validity (S. 23)](https://image.slidesharecdn.com/iprwordppt-230418085216-d5fd1d41/85/ipr-word-ppt-docx-85-320.jpg)
![Who can Register?
Producer
Any association of persons or producers, or
Any Organization/authority established by
or under any law
which represent the interests of the producers
of the concerned goods [S.11(1)]
Producer includes trader
Authorized User [S.17(1)]](https://image.slidesharecdn.com/iprwordppt-230418085216-d5fd1d41/85/ipr-word-ppt-docx-86-320.jpg)
ipr word ppt.docx
- 1. Intellectual Property Rights – An Introduction
- 2. 1 Objective and Plan of Presentation
- 3. Objective To give a general introduction to the concept of Intellectual Property Rights (IPRs) Plan of Presentation Rationale of Protection Different kinds of IPRs Definition of Intellectual Property “Intellectual Property shall include the rights relating to 2
- 4. – literary, artistic and scientific works, – performances of performing artists, phonograms, and broadcasts, – inventions in all fields of human endeavour – scientific discoveries – Industrial designs – trademarks, service marks and commercial names and designations – protection against unfair competition and all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields.” (WIPO Convention) 3
- 5. Rationale: Rewarding individual Principle of natural justice Creator has a right to economic reward Creator has a right to control the use of his creation Evolution of society, economy and technology necessitated a transparent system 4
- 6. Basic Principle Contract between creator and sovereign state Protection for revelation Balance between rights of creator and public interest Rights and limitations and exceptions 5
- 7. Art. 27 of Declaration of Human Rights “1. Everyone has the right to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits “2. Everyone has the right to the protection of the moral and material interests resulting 6
- 8. from any scientific, literary or artistic production of which he is the author.” Major Intellectual Property Copyright and Related Rights Industrial Property Patents Industrial Designs Trademarks Geographical Indications Layout Designs/Topographies Integrated Circuits 7
- 9. Trade Secrets Protection of New Plant Varieties 8
- 10. IP Laws of India Act Department Copyright Act, 1957 Higher Education Patents Act, 1970 Industrial Policy & Promotion Design Act, 2000 Industrial Policy & Promotion Trademarks Act, 1999 Industrial Policy & Promotion Geographical Indications of Goods (Registration and Protection) Act(1999) Industrial Policy & Promotion8 Semi-conductor Integrated Circuits Layout Design Act, 2000 Information Technology Protection of Plant Varieties and Farmers’ Rights Act, 2001 Agriculture and Cooperation
- 11. Competition Act Corporate Affairs Biological Diversity Act, 2002 Environment and Forests What is Copyright? Copyright is a legal term describing rights given to creators for their literary and artistic works Scope of Copyright Original Literary, Dramatic, Musical and 10
- 12. Artistic Works Work: Ideas expressed in material form Cinematograph Films Sound Recordings
- 13. Rights Two Kinds of Rights Moral Rights To protect personality of author Economic Rights To bring economic benefits Moral Rights Right of Authorship 12
- 14. Right of Integrity – Digital Manipulation – No Right for Display Inalienable Rights Economic Rights Right of Reproduction – Making copies e.g. an edition of a novel 13
- 15. – Storage in computer memory Right of Distribution/Issuing Copies – Digital Distribution Right of Communication to the Public – Public Performance – Internet Communication Economic Rights Adaptation Rights 14
- 16. – Conversion into another form e.g. literary to drama – Abridgement – Picturizations, comic formats Right to make a cinematograph film or sound recording Translation Rights Economic Rights Rental Rights 15
- 17. – Only for computer programs, cinematograph films and sound recordings – Exception: Not applies to a computer program where program itself is not the essential object of rental Resale Rights Author’s right to claim a share of the proceeds of each public resale of original 16
- 18. copies of works of fine art or original manuscripts within the term of protection Resale price to exceed Rs. 10,000 Share to be fixed by Copyright Board Maximum 10% Ownership of Rights Literary – author Drama – Dramatist 17
- 19. Music – Composer Artistic work – Artist e.g. Painter, sculptor, architect Photograph – Photographer Author of Computer Program – Person who causes the work to be created Cinematograph film – producer Sound Recording - producer 18
- 20. Author as Owner of Rights: Exceptions In the course of employment – employer Employment by newspaper, magazine – employer has publishing right; other rights with author Photograph, painting, cinema for valuable consideration – person who pays money 19
- 21. Author as Owner of Rights: Exceptions Lecture delivered in public – Person delivering Government Work – Government Public Undertaking Work – public undertaking 20
- 22. Work of International Organization – International Organization Securing Copyright Formality free protection Voluntary Registration (S. 44 & 45) Registration does not as a matter of law establish that what is registered is in fact and in law copyrightable subject matter 21
- 23. Remedies for infringement Civil suits for injunctions, damages, accounts Court of jurisdiction: District Court where copyright owner resides or does business Cognizable offence Seizure without warrant by Sub-Inspector 22
- 24. Penalties and Punishments First offence – six months imprisonment and Rs.50,000/- fine Second offence – one year imprisonment and Rs.1,00,000/- fine Maximum – three years imprisonment and Rs.2,00,000/- fine Knowing use of infringing copy of a computer programme attracts seven days imprisonment and Rs.50,000/- fine 23
- 25. What is not Infringement? Fair dealing for private use, research, criticism, review, reporting Judicial proceedings Work of legislature During course of instructions and examination What is not Infringement? 24
- 26. Performance in an educational institution Performance by an amateur club Making three copies of a book, not available, for library use Reproduction of public material Use in religious or official ceremonies including marriage processions 25
- 27. Duration of Copyright Literary, dramatic, Musical and Artistic Works published during life time of author: Life + 60 years All Other Works: 60 years from date of publication – Posthumous, Anonymous Works – Works of Government and Organizations – Cinema and Sound Recording – Photograph 26
- 28. RELATED RIGHTS Rights granted by law to communicators of works to the public – Performers – Broadcasting Organizations Performer’s Rights Recording, broadcasting and communicating to the public of a live 27
- 29. performance Presumption of transfer of performer’s right to cinematographic film producer Duration: 50 years Rights Of Broadcasting Organisations Broadcast Reproduction Right Re-broadcasting, Recording and 28
- 30. Communicating to the Public of a Broadcast Duration: 25 Years What is a PATENT? • A patent is an exclusive right granted for an invention, which is a product or a process that provides a new way of doing something, or offers a new technical solution to a problem 29
- 31. • The limited monopoly right granted by the state enables an inventor to prohibit another person from manufacturing, using or selling the patented product or from using the patented process, without permission. • Period of Patents - 20 Years WHAT CAN BE PATENTED? 30
- 32. Inventions in all fields of technology, whether products or processes, if they meet the criteria of Novelty; Non-obviousness (inventive step); Industrial application (utility). Conditions of Patentability 31
- 33. Novelty: Invention not known to public prior to claim by inventor Inventive Step: Invention would not be obvious to a person with ordinary skill in the art Industrial Application: Invention can be made or used in any useful, practical activity as distinct from purely intellectual or aesthetic one 32
- 34. INVENTIONS– NOT PATENTABLE An Invention Which is frivolous or which claims anything obviously contrary to the well established Natural Laws e.g. Machine giving more than 100% performance Perpetual motion machine Newton’s laws of gravitation 33
- 35. INVENTIONS – NOT PATENTABLE A machine whose primary or intended use or commercial exploitation of which could be contrary to Public order or morality or which causes serious prejudice to human, animal or plant life or health or to the environment : Gambling machine device for house-breaking Biological warfare material or device 34
- 36. Terminator gene technology embryonic stem cell INVENTIONS – NOT PATENTABLE Mere Discovery of a Scientific Principle or Formulation of an Abstract Theory or discovery of any living thing or non–living substance occurring in nature Discovery adds to the human knowledge by disclosing something ,not seen before, whereas, 35
- 37. Invention adds to human knowledge by suggesting an action resulting in a new product or new process e.g. Archimedes Principle, Superconducting Phenomenon as such – not patentable , However, An apparatus /method for technological INVENTIONS –NOT PATENTABLET The mere discovery of a new form of a known substance which does not result in the enhancement of the known efficacy of that 36
- 38. substance OR 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 one new reactant. 37
- 39. INVENTIONS – NOT PATENTABLE A substance obtained by mere admixture resulting only in the aggregation of the properties of the components thereof or a process for producing such substance For example, Not patentable- • Paracetamol (Antipyretic) +Brufen (analgesic) = A drug (antipyretic & analgesic) • A mixture of sugar and some colorants in water to produce a soft drink is mere admixture 38
- 40. But, a mixture resulting into synergistic properties of mixture of ingredients however, may be patentable e.g Soap, Detergents,lubricants etc INVENTIONS – NOT PATENTABLE Mere arrangement or re-arrangement or duplication of known devices,each functioning independently of one another in a known way example -. A Bucket fitted with torch, An Umbrella with fan 39 for
- 41. A Clock and radio in a single cabinet A flour-mill provided with sieving G) Deleted [ Methods of Testing] Not patentable Method of Agriculture or Horticulture • e. g. Cultivation of algae , Producing new form of a known plant, preparation of an improved soil 40
- 42. However, Agricultural Equipments are patentable Any process for medicinal, surgical, curative, prophylactic, diagnostic, therapeutic or other treatment of human beings or a similar treatment of animals to render them free of disease orto increase their economic value or that of their products For example: o Removal of cancer tumor o Removal of dental plaque and carries, 41
- 43. o Surgical processes, o Processes relating to therapy, o Method of vaccination, o Blood transfusion However , Method performed on tissues or fluids permanently removed from the body Surgical,therapeutic or diagnostic Apparatus or instrument are not excluded from patentability Inventions -Not Patentable 42
- 44. butincluding seeds, varieties and species and essentially biological process for production or propagation of plants & animals j) Plants & animals in whole or any part thereofotherthanmicro- organisms, For example, Clones and new varieties of plants: - Not patentable Microorganisms, per se: Not patentable, A process for production of plants or animals if it consists entirely of natural phenomena 43
- 45. such as crossing or selection”- essentially biological - not patentable Inventions -Not Patentable A mathematical method or a business method or algorithms or a computer programme per se These are the outcomes of mental process only and do not involve industrial process or product 44
- 46. For example- Computer program claimed by itself or as a record on a carrier – not patentable l) A literary,dramatic, musical or artistic work or any other aesthetic creation including cinematographic work and television productions These subject-matters fall under the copy-right protection A mere scheme or rule or method of performing mental act or method of playing game 45
- 47. Examples – Scheme for learning a language , Method for solving a crossword puzzle, Method of learning a language, Method of teaching /learning - Not patentable Novel apparatus for playing game or carrying out a scheme – patentable Presentation of information Examples – Any manner or method of expressing information , whether by spoken words, Visual display, symbols ,diagrams or information recorded on a carrier 46
- 48. Topography of integrated circuits. An invention which, in effect, is the Traditional Knowledge or an aggregation or duplication of known properties of traditionally known component or components Traditional Knowledge is already in public domain, and hence, not patentable However, any value-addition using Traditional Knowledge leading to a new process or product ,possessing novelty, 47
- 49. inventive step and industrial applicability, can be patentable Inventions relating to atomic energy falling within the section 20(1) of the ATOMIC ENERGY ACT, 1962. 48
- 51. What is an Industrial Design? An industrial design is the ornamental or aesthetic aspect of an article which must appeal to the eye. The design may consist of three-dimensional features, such as the shape or surface of an article, or of twodimensional features, such as patterns, lines or colour
- 52. What is a Registrable Design? ‘Design’ means only the features of shape, configuration, pattern, ornament or composition of lines or colours applied to any article whether in two dimensional or three dimensional or in both forms, by any industrial process or means, whether manual,mechanical or chemical, separate
- 53. or combined, which in the finished article appeal to and are judged solely by the eye.
- 57. DESIGNS The ima ge canno t be dis played. You rcomp ute rmay not have e nough mem ory to op en . R te h se ta im rta yo ge u ,ro cr otm he pu im te a r,ge and then open the file again . If th e re d x still ap pears s, ery to itu may have to The ima ge canno t be dis played. You rcomp ute rmay not have e nough mem ory to op en t he ima ge, o rt he ima ge may have b een co rrup ted. Resta rt y our compu ter, sa e n rd t itthen open the file agai n. If t he re d x still The ima ge canno t be dis played. You rcomp ute rmay not have e nough mem ory to op en t he ima ge, o rt he ima ge may have b een co rrup ted. Resta rt y our compu ter, sa e n rd t itthen open the file agai n. I f t he re d x still 56
- 58. Who may apply? Any person claiming to be the proprietor – The person for whom the design is executed for a consideration – The person who has acquired the design right – The author Rights of the Registered Proprietor
- 59. The proprietor of the registered design has the exclusive right to apply a design to any article in the class in which the design is registered Period of protection is ten years extendable by 5 years.. 54
- 60. What is Excluded? Any mode or principle of construction or anything which is in substance a mere mechanical device Trade mark Property mark Artistic work What is not registrable?
- 61. A design which is not new or original A design which has been disclosed to the public anywhere in the world prior to the filing A design which is not significantly distinguishable from known designs or combination of known designs What is not registrable?
- 62. A design which comprises or contains scandalous or obscene matter A design which is contrary to public order or morality NOT REGISTRABLE ARTICLES Calendar, certificates,forms, greeting cards,leaflets, Maps, building plan,medals Labels,tokens,stamps
- 63. Religious symbols Mere mechanical contrivance Building and construction or real estate Flags,emblems,or signs of any country, computer icons Parts of articles not manufactured and soled separately Layout designs of integrated circuits Basic shape, variations commonly used in the trade Mere workshop alteration Mere change in size Any principle or mode of construction of article 58
- 64. Penalty for piracy If anyone contravenes the copyright in a designhe is liable for every offence to pay a sum not exceeding Rs.25,000/- to the registered proprietor subject to a maximum of Rs.50,000/- recoverable as contract debt in respect of any one design. The suit for infringement, recovery of damage etc; should not be filed in any court below the court of District Judge
- 65. 59
- 66. TRADEMARKS
- 67. 4711 (Cologne) What is a trademark? A trademark is a distinctive sign which identifies certain goods or services as those produced or provided by a specific person or enterprise.
- 68. TRADE MARK A name of an enterprise or a Mark capable of being represented graphically, distinguishing the goods or services of one person from those of others e. g., LUX, Godrej,TVS,Telco, 555, APPLE Trade Mark can be - o sign , words, letters, numbers, o drawings, pictures, emblem, o colours or combination of colours, o shape of goods,
- 69. o graphic representation or packaging or o any combination of the above as applied to an article or a product. Kinds of Trademarks Marks on goods Service Marks Certification trademark Collective Marks 68
- 70. Well known marks Trade Names TRADE MARK Service Marks include banking, education, finance, insurance, real estate ,entertainment,repairs, transport, conveying news and information, advertising etc Certification Trade marks: Certified by the Proprietor as having characteristics like geographical origin, ingredients, quality e.g.AGMARK,WOOLMARK Certification mark cannot be used as a trade mark.
- 71. • Certifies that the goods on which it is applied are made of 100% wool. It is registered in 140 countries and licensed to the companies which assure that they will comply with the strict standards set out by the Woolmark company , the owner of the mark. 70
- 72. COLLECTIVE MARK COLLECTIVE MARK is a Mark that distinguishes the goods -or services of members of association from marks of other undertakings Who owns collective Mark ? Association of persons It could be manufacturers, producers, suppliers, traders or other profession bodies like institute of chartered accountants, test cricketers association etc. 71
- 73. WELLKNOWN MARKS •Coca Cola for soft drink •Toblerone (Triangularshaped chocolates) Trade Names •Godrej- Furniture, Refrigerators, Storewell, Compactor etc 72
- 74. The ima ge canno t be dis played. You rcomp ute rmay not have e nough mem ory to op en t he ima ge, o rt he ima ge may have b een co rrup ted. Resta rt y our compu ter, sa e n rd t itthen open the file agai n. If t he re d x still •GE- Bulbs Logo of some well known brands Logo of Washing Powder of Hindustan Lever Logo of iodised salt of Hindustan Lever 73
- 75. Logo of Lipton tea Forms of TM Visual: Words, letters, numerals, devices including drawings and symbols or 2-D representations of object or a combination of two or more of these, colour combinations or colour per se, 3-D sign as shape of goods or 74
- 76. packaging. Audio: Sounds, Musical Notes Olfactory: Smells CRITERIA OF TM PROTECTABILITY Distinctive (basic function): - inherent (e.g.RIN), or - acquired by usage (e.g. TATA) 75
- 77. Non-deceptive ( to avoid misleading) Not contrary to public order, morality Special Requirements A mark is registered for specified classes of goods or services. What is protected and what’s not? 76
- 78. Right to use TM in relation to goods/ services as registered are protected (If TM consists of several parts, protection is for TM as a whole) State Emblems, Official Hallmarks, Emblems of Intergovernmental Organizations cannot be used as TM. 77
- 79. OFFENCES & PENALTIES For any person, falsely applying TM or Selling or providing services to which TM or false Trade Description is applied- - Imprisonment for 6 months to 3 yrs and fine Rs. 50000 to 2 lakh For Second or Subsequent convictions,The enhanced penalty- Imprisonment for 1 year to 3 years and fine Rs 1 lakh to 2 lakh RELIEF in Infringement and Passing off - 78
- 80. • Injunction, Damages, Accounts of Profit • An order for destructing or erasing labels and marks GEOGRAPHICAL INDICATIONS 79
- 82. What is a Geographical Indication? Geographical Indication is an indication which identifies goods as agricultural goods, natural goods or manufactured goods as originating, or manufactured in the territory of country, or a region or locality in that territory, where a given quality, reputation or other characteristic of such goods is
- 83. essentially attributable to its geographical origin. In case of manufactured goods one of the activities of either the production or processing or preparation of the goods concerned takes place in such territory, region or locality, as the case may be (Section 2[1]{e}).
- 84. Explanation clarifies that GI need not be a geographical name E.g. Alphonso, Basmati Goods include goods of handicraft or of industry and also foodstuff.
- 85. Registration Provides for registration Of GIs, Proprietors & Authorized Users [S.6(1)] Valid for 10 years; renewable ad nauseum (S. 18) Registration prima facie evidence of validity (S. 23)
- 86. Who can Register? Producer Any association of persons or producers, or Any Organization/authority established by or under any law which represent the interests of the producers of the concerned goods [S.11(1)] Producer includes trader Authorized User [S.17(1)]
- 87. Rights Exclusive right to use the Geographical Indication on the goods Right to obtain relief for infringement of the Geographical Indication
- 88. Working of the Act Act brought into force on 15 September 2003 GI Registry established at Chennai 152 applications so far 104 products registered No authorised user registered so far No foreign product registered so far One foreign application (Pisco) published
- 89. Applications for Champagne and Scotch Whisky under process No appeals against the decisions of the Registrar of GIs so far. SOME REGISTERED GEOGRAPHICAL INDICATIONS
- 90. Darjeeling Tea
- 91. Kangra Tea
- 92. Nanjangud Banana
- 93. Coorg Orange Pochamppalli Ikat The ima ge canno t be dis played. You rcomp ute rmay not have e nough mem ory to op en t he ima ge, o rt he ima ge may have b een co rrup ted. Resta rt y our compu ter, sa e n rd t itthen open the file agai n. If t he re d x still
- 94. Mysore silk
- 98. Kota Doria
- 100. Kullu Shawl
- 101. Bidriware
- 102. Channapatna toys
- 103. The ima gecanno t be displayed. You rcomp ute rmay not have e nough mem ory to op en t he ima ge, o rt he ima ge may have been corrupted. Restart y our computer, and then open the file agai n. If t he re d xstill a ppears, you may have to delete the i mage a nd then insert it again. The ima ge cannot be displayed. Yourcomputermay not have e nough mem ory to opent heimage, ort heimage may have b eencorrupted. Restart y our computer, and then open the file agai n.If t he red xstill a ppears, you may have to delete the i mage a nd then inse rt i t again . The ima ge canno t be dis played. You rcomp ute rmay not have e nough mem ory to op en . R te h se ta im rta yo ge u ,ro cr otm he pu im te a r,ge and then open the file again . If th e re d x still ap pears s, er yo t itu may have to Madhubani Paintings
- 104. SOLAPUR CHADDAR AND TERRY TOWEL
- 105. The ima ge canno t be dis played. You rcomp ute rmay not have e nough mem ory to op en t he ima ge, o r t he ima ge may have b een co rrup ted. Resta rt y our compu ter, sa e n rd t itthen open the file agai n. If t he re d x still
- 106. MADURAI SUNGUDI
- 107. SALEM FABRIC
- 108. ORISSA IKAT
- 109. PHULKARI EMBROIDERY
- 111. ROSE WOOD INLAY OF MYSORE
- 113. Mysore sandal soap & oil
- 115. Horticultural Products from Mysore Udupi mallige
- 116. Mysore mallige Hadagali mallige ARANMULA KANNADI (METAL MIRROR) Registered Proprietor:
- 117. Viswabrahmana Aranmula Kannadi Nirman Society Viswabrahmana Buildings S. Fort, Aranmula, Kerala
- 118. NAVARA RICE The ima ge canno t be dis played. You rcomp ute rmay not have e nough mem ory to op en . R te h se ta im rta yo ge u ,ro cr otm hp eu im te a r,ga end then open the file again . If th e re d x still ap pears s, er yo t itu may have to
- 119. PALAKKADAN MATTA RICE The ima ge canno t be dis played. You rcomp ute rmay not have e nough mem ory to op en t he ima ge, o rt he ima ge may have b een co rrup ted. Resta rt y our compu ter, sa e n rd t itthen open the file agai n. If t he re d x still
- 120. MALABAR PEPPER
- 121. ALLEPPEY COIR BRASS BROIDERED COCONUT SHELL CRAFT OF KERALA The ima ge canno t be dis played. You rcomp ute rmay not have e nough mem ory to op en . R te h se ta im rta yo ge u ,ro cr otm he pu im te a r,ge and then open the file again . If th e re d x still ap pear s s, er yo t itu may have to The ima ge canno t be dis played. You rcomp ute rmay not have e nough mem ory to op en t he ima ge, o rt he ima ge may have b een co rrup ted. Resta rt y our compu ter, sa e n rd t itthen open the file agai n. If t he re d x still
- 122. SCREWPINE CRAFTS OF KERALA The ima ge canno t be dis played. You rcomp ute rmay not have e nough mem ory to op en . R te h se ta im rta yo ge u ,ro cr otm he pu im te a r,ge and then open the file again . If th e re d x still ap pear s s, er yo t itu may have to
- 123. MADDALAM OF PALAKAD The ima ge canno t be dis played. You rcomp ute rmay not have e nough mem ory to op en t he ima ge, o rt he ima ge may have b een co rrup ted. Resta rt y our compu ter, sa e n rd t itthen open the file agai n. If t he re d x still ALLEPPEY GREEN CARDAMOM
- 124. POKKALI RICE
- 126. What is Layout Design? Layout of transistors and other circuit elements, including lead wires connecting such elements and expressed in any manner in a semiconductor integrated circuit (IC). Why to protect?
- 127. IC Layouts are creations of human mind; There is lot of investment of time and money in the creation but copying is very cheap; Fertile area with new circuit designs made every day to cater for miniaturization and novel applications. Why special protection?
- 128. There may not be novelty so cannot be patented; Copyright protection does not return the investments since commercial life of a design is limited. Protection is against… Act of reproducing a layout design fully or in parts;
- 129. Importing, selling or distributing commercially a protected layout design or IC incorporating it. But identical design created independentlyby third party is not prohibited. Trade Secret
- 130. The best kept secret till date Trade Secrets Some inventions, data, information cannot be protected by any of the available means of IPRs. Such information is held confidential as a trade secret.
- 131. Trade secret can be an invention, idea, survey method,manufacturing process, experiment results, chemical formula, recipe, financial strategy, client database etc. When Trade Secrets are preferred? When invention is not patentable;
- 132. Patent protection is limited to 20 years, when secret can be kept beyond that period; When cost of patent protection are prohibitive; When it is difficult to reverse engineer How to guard Trade Secret?
- 133. Restricting number of people having access to secret information Signing confidentiality agreements with business partners and employees Using protective techniques like digital data security tools and restricting entry into area where trade secret is worked or held National legislations provide protection in form of injunction and damages if secret information is illegally acquired or used.
- 135. THE PROTECTION OF PLANT VARITIES AND FARMERS’ RIGHTS Registrable varieties and criteria: New Varieties Novelty, Distinctiveness, uniformity and stability Extant varieties Distinctiveness, uniformity and stability Persons who can Register Breeders, farmers, universities, agricultural institutes Period of protection 15 years for annual crops
- 136. 18 years for trees and vines Rights of Breeders Production Sale Marketing Distribution Export Import
- 137. However, if the breeders’ variety is essentially derived from a farmers’ variety, the breeder cannot give any authorisation without the consent of the farmers or communities from whose varieties the protected variety is derived. Farmers’ Rights To save, use, sow, re-sow, exchange, share or sell his farm produce including seed in the same manner as he was entitled earlier (Seeds for sale should not be branded) To full disclosure of the expected performance of the Seeds or planting material by the plant breeder. Where these fail
- 138. to perform in the manner claimed by the breeder, the farmer may claim compensation from the plant breeder. Researchers’ Rights • Free and complete access to protected materials for research use in developing new varieties of plants. However, authorisation of the breeder is required “whose repeated use of such variety as parental line is necessary for commercial production of such other newly developed variety”.
- 139. Benefit Sharing For a variety registered, NGOs or individuals can claim a share of benefits that may arise from its commercialisation on behalf of any village or local community; Any individual or NGO can make a claim on behalf of a village or local community for the contribution that they had made in the evolution of any variety registered under the Act. Amount of Compensation as determined by the Plant Variety and Farmers’ Rights Authority should be deposited by the breeder in the National Gene Fund.
- 140. THANK YOU