INTELLECTUAL PROPERTY RIGHT(IPR)
- 1. ‘Intellectual Property Rights’ are legal rights to intellectual creation of mind like inventions, artistic works, symbols, names, images which establishes minimum standards of protection. It is a product of human creation and a property that arises from the human intellect. They usually give the creator an exclusive right over the use of his/her creation for a certain period of time. The main purpose of intellectual property law is to encourage the creation of a large variety of intellectual goods. It comprises in two distinct forms:- 1) Literary and Artistic works 2) Industrial property
- 2. 1) Literary and Artistic works:- In this there are books, paintings, musical compositions, plays, movies, radio/ TV programms, performances and other artistic works. - How are they protected…..??? a) By “copyright’’ 2) Industrial property:- It describes physical matter that is the product of an idea or the concept for commercial purpose. - How are they protected…??? a) By patented objects b) By trademarks c) By Industrial designs d) By trade secrets e) By Layout designs f) By Geographical indications
- 3. WIPO ( World Intellectual Property Organization) • It is established by the WIPO convention in 1967. • It is a specialized agency of the United nations. • It promote the protection of IP throughout the world. • It’s headquarters in Geneva and Switzerland. • The international protection for trademarks, industrial designs and appellations of origin is carried out through three registration systems- 1) The Madrid System for trademarks:- It is the international registration of a convenien and cost- effective solution for registering and managing trademarks worldwide and is governed by two treaties which complement each other. They are_ a) The Madrid Agreement b) The Madrid Protocol
- 4. 2) Hague Agreement:- It is the system of international registration or more correctly international deposit of industrial designs. It is firstly adopted in 1925 and it allows the industrial designs to be protected in multiple countries or regions with minimal formalities. 3) Lisbon Agreement:- It is the system of international registration for the protection of appellations of origin. It is the geographical denomination of a country, region or locality, which serves to designate a product originating.
- 5. Major types of IP Functional & Technical Purely Artistic A symbol,logo,word, Inventions Works colour,sound,design etc Patent Act, 1970 Copyright Act,1957 Trademark Act, Amended in Amended in 1982, 1999 Amended in 1999 & 2005 1984,1992,1994 & 1994,1996 & 2000 1999
- 6. Patent: - It is an exclusive right granted for an invention, which is a product or process that provides a new way of doing something or offers a new technical solution to a problem. Patent is an exclusive right granted by a country to the inventor to make, use, manufacture and market the invention that satisfies the conditions of novelty, innovativeness and usefulness. - Invention patentable if_ a) New (Novel) or it may be Revolutionary b) Useful c) Not obvious d) Pertains to patentable subject matter i.e. - it relates to a process or product or both - it involves an invention step - it will be capable of industrial application - a machine
- 7. Is A Patent Granted In One Country Enforceable In other Countries ? - No, there is nothing like a global patent or a world patent. Patent rights are essentially territorial in nature. - Granting a patent in one country of the union does not force other countries to grant the patent for the same invention. - The refusal of the patent in one country does not mean that it will be terminated in all the countries.
- 8. Copyrights and related rights:- Copyright protection is available for original works of authorship that are fixed in a tangible form, whether it is published or unpublished. The primary goal of copyright law is to protect the time, effort and creativity of the work’s creator. It means that the original creator of a product and anyone he/she gives authorization to are the only ones with the exclusive right to reproduce the work. Copyright law protects the expression of an idea. Not the idea itself. Copyright remain for last 60 years.
- 9. What is covered in copyright??? - paintings, literary, films, dramatic, musical, artistic, sound recording and softwares. What is not covered in copyright??? - Ideas, facts, recipes - Works lacking originality (e.g. the phone book) - Names, titles or short phrases The copyright Act gives the copyright owner certain exclusive rights, including the right to: - Reproduce the work - Prepare “derivative works” (other works based on the original work) - Distribute copies of the work by sale, lease or other transfer of ownership - Perform the work publicly - Display the work publicly
- 11. Trademarks:- Trademark is a distinctive sign i.e. a symbol, logo, word, sound, colour, design or other device which identifies certain goods or services as those produced or provided by a specific person or enterprise. A trademark (popularly known as “Brand name”) Drawings, symbols, three-dimensional signs such as the shape and packaging of goods, audible signs such as music or vocal sounds, fragrances or colours. - Different symbols are:- TM – Intent to use application filed for product SM – Intent to use application filed for services R – Registered trademark
- 13. Trade secret The best kept secret till date
- 14. Registration of trademarks for services or goods - 7 yrs to 10 yrs. It helps consumers identify and purchase a product or service because its nature and quality, indicated by its unique trademark, meets their needs. Registration procedure for Trademark:- a) Application for search b) Application for registration c) Examination of trademark d) Advertisement of trademark e) Filing of opposition f) Certificate issued
- 15. Industrial Designs:- It refers to a creative activity, an Eye appealing design of useful articles which is ornamental or aesthetic. An industrial design renders an object attractive or appealing, thus increasing its marketability and adding to its commercial value. The design may be three-dimensional based on the shape or surface of the object, or the two-dimensional based on the object’s patterns, lines or colours. Novelty, originality and visual appeal are essential if an industrial design is to be patented. The holder of this legal title has the exclusive right to make, import or sell any objects to which the design is applied. The period of protection granted is from 10 to 25 years.
- 16. Hybrid Tube Amplifier Bergmonch bike ipod/iphone/ipad Curl Lamp Rocking Wheel Chair
- 17. Geographical Indications (GI):- They are signs used on goods that have a specific geographical origin and possess qualities or a reputation that are due to that place of origin. Ex. Kullu Shawls, Darjeeling Tea, Kanchipuram Silk Saree The qualities depend on the geographical place of production, there is a link between the product and its original place production. It not only provide a way for business to leverage the value of their geographically unique products, but also inform and attract consumers. Geographical Indications of Goods (Registration and Protection) Act 1999 came into force with effect from 15th September 2003. Valid period for GI is 10 years.
- 18. Darjeeling tea Malabar Arabic Coffee beans Mango ‘Gir Kesar’ Mahabaleshwar Strawberry Blue Pottery of Jaipur
- 19. Geographical Indications Registration Procedures – • As per the Geographical Indication of Goods (Registration and Protection) Act, 1999 , association of persons or producers can apply for Gis for specific products supported by required documents. • The Controller General of Patents, Designs and Trade Marks (CGPDT), (under the Dept of Industrial Policy and Promotion of Ministry of Commerce and Industry) is the “Registrar of Geographical Indications”. • The CGPDT directs and supervises the functioning of the Geographical Indications Registry (GIR). • Complaints against GI registration can be made at Intellectual Property Appellate Board at Chennai.
- 20. Unfair Competition:- Unfair competition means any fraudulent, deceptive or dishonest trade practice that economically harms either consumers or business entities. The unfair competition is business tort designed to stop any unfair practices that might be happening in the context of a business setting. It includes a number of areas of law involving acts by one competitor or group of competitors which harm another in the field and which may give rise to criminal offences and civil causes of action. Categories of acts of unfair competition- • Causing confusion • Misleading • Discrediting Competitors • Disclosure of secret information • Taking advantage of another’s achievements • Comparative advertising
- 21. Unfair competition law:- The law of unfair competition serves five purposes- a) It seeks to protect the economic, intellectual and creative investments made by businesses in distinguishing themselves and their products. b) The law seeks to preserve the good will that businesses have established with customers over time. c) The law seeks to deter businesses from appropriating the good will of their competitors. d) The law seeks to promote clarity and stability by encouraging customers to rely on a merchant’s trade name and reputation when evaluating the quality and prices of rival products. e) The law of unfair competition seeks to increase competition by providing businesses with incentives to offer better goods and services than others in the same field.
- 22. Present status of IPR and future changes expected Following points has raise IP questions yet because they are “traditional” they may not be fully protected by existing IP systems. Biopiracy: Patents for innovations in the field of Traditional Medicine are increasing but “biopiracy” is major problem e.g Neem Due to the facts that Most of the traditional knowledge is restricted to herbal healers in village areas or tribal families which is handed generation to generation. The traditional knowledge is mostly not available in written form or if written then it is in local script which is difficult to interpret.
- 23. Higher standards of novelty/invention should be made as existing definition of “novelty and “non-obviousness” making biopiracy a tough nut to crack. Eg. Neem and Phyllanthus niruri Unauthorized or inappropriate use by third parties: Patents are often granted to parties who are traditionally not the owners of this knowledge, thereby, leading to conflict in trade interests of the parties involved. Profits made by the patent holders also does not flow back to the holders of traditional knowledge
- 24. Biodiversity: Bio-resources are the sole property of sovereign States and that they have the freedom to use them as tradeable commodities. Conservation of medicinal plant. NEW IPR SOLUTIONS: Defensive protection: From the example of turmeric, neem it is decided that patent applicants should in some way have to disclose TK (and genetic resources) used in the claimed invention Equitable benefit-sharing: Jeevani (Arya Vaidya Pharmacy, Ltd) an anti-stress and anti- fatigue formulation, based on the Kani tribe’s plant arogyapaacha for which Indian scientists obtained two patents and also developed the trust of Kani tribe healers to share the benefits arising from the commercialization of this TK-based drug.
- 25. Unfair competition and trade practices laws: These allow for action to be taken against false or misleading claims that a product is authentically indigenous, or has been produced or endorsed by, or otherwise associated with, a particular traditional community. The law of confidentiality and trade secrets: This has been used to protect non-disclosed TK, including secret and sacred TK. Sui generis laws: The sui generis regime of Peru was established by Law No. 27, 811 of 2002, whose objectives are to protect TK, to promote fair and equitable distribution of benefits
- 26. Convention on Biological diversity (CBD) Law of Costa Rica in 1993: Sovereign rights over biological resources and communities rights over their knowledge also providing sharing of benefits arising from the utilization of the genetic resources. Prior informed consent (PIC): TK holders should be fully consulted before their knowledge is accessed or used by third parties Customary laws and practices: Define custodial rights and obligations over TK, including obligations to guard it against misuse or improper disclosure; they may determine how TK is to be used, how benefits should be shared, and how disputes are to be settled, as well as many other aspects of the preservation, use and exercise of knowledge.
- 27. Infringement:- • Any reproduction, use, distribution, performance etc. of the work without the permission of the owner. • An identical or substantial similar reproduction is also covered. (slightly change in the product or thing) • Remedies for infringement:- - A suit can lie in the district court or high court. - It may issue an injunction either to prevent the infringer from any further use and award damages to the patent owner or will pay the patent owner royalties for further use. Ex:- Apple sued phone make HTC and has filed a complaint with the U.S. ITC (International Trade Commission), alleging that the Taiwanese company is infringing 20 Apple patents related to the iphone.
- 28. Conclusion:- - Intellectual property rights reward creativity and human endeavor, which fuel the progress of humankind. - Understanding the country’s IP Rights and following the best practices can drastically reduce the risk of losing the company’s intellectual property. - Indian government has initiated various steps towards Intellectual Property Rights Protection. - Do not use competitor’s mark in such way that it harms competitor in unfair way. - Documentation of indigenous and local knowledge systems in electronic format, therefore, of prime importance, especially for the developing countries, which have a rich abundance of this knowledge. - Create yourself, rather than using other’s creations. - The competition is a healthy, but competitors should create their own original technology, not stolen or steal someone’s.