1. INTRODUCTION TO
INTELLECTUAL PROPERTY
RIGHTS
Presented by
GANDHI SONAM MUKESHCHANDRA
Dept. of Industrial pharmacy
2. CONCEPT OF PROPERTY
Natural object becomes a resource when it
satisfies a human want.
A resource possessed and owned becomes a
property.
A bundle of legal rights linked to ownership
and possession of an item .
3. INTELLECTUAL PROPERTY
It is the “property created by application of
human mind’’.
Intellectual property (IP) is a term referring to a
number of distinct types of creations of the
mind for which property rights are recognized
in the corresponding fields of law.
Articles of
textiles, cosmetics, pharmaceuticals, machiner
y, books, etc., are all Ip protected.
4. NATURE OF IPR’S
Essentially negative rights to stop others
from copying or counterfeiting
a) In patents,being first with an invention pre-
empts any right of another making same
invention independently.
b) In copyrights ,the right is diluted as right is
over the form of expression and not over
idea.
o IPR’s being statutory rights are legally
enforceable.
o They are territorial in nature.
5. 7 MAIN INTELLECTUAL PROPERTY (IP)
INSTRUMENTS
Patents
Trademarks, Trade Names & Service marks
Geographical Indications
Industrial Designs
Layout- designs of Integrated Circuits
Trade Secrets
Copyrights and related rights
First six are Industrial property rights.
6. PATENTS
PATENT : WHAT IS IT ?
It is a limited right granted by the state to
an inventor in respect of an invention to
exclude any other person from practicing
the invention i.e., manufacturing , using or
selling the patented product or from using
the patented process, without due
permission.
7. WHAT CAN BE PATENTED
Inventions in all fields of technology
,whether products or processes , if they
meet the criteria of
Being patentable subject matter;
Novelity;
Non – obviousness (inventive step )
Industrial application ( utility )
8. CONDITIONS OF PATENTABILITY
Novelity : 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.
9. SOME EXCLUSIONS FROM
PATENTABILITY
Naturally occuring substances / elements;
Diagnostic , therapeutic and surgical
methods of treatment of humans or animals;
Plants and animals other than micro
organisms;
Essentially biological processes for
production of plants or animals;
Inventions whose use is contrary to public
order or morality.
Ideas , methods for business, playing games
,performing mental acts.
10. ELEMENTS OF PATENT APPLICATION
• Title of invention
• Techinical field to which invention
belongs
• Background of invention
• Object of invention
• Detailed descriptions
• Any claims
11. PROCESSING PROCEDURE OF AN
APPLICATION
Complete specification submitted within 12-15 months of
filling the provisional specification.
Complete specification taken up for examination by the
controller who refers it to the examiner.
The examiner submits report within 18 months on
receiving the complete specification from the controller.
The controller conveys the list of objections to the
applicant on receiving the report from the examiner.
12. Applicant must reply to objections and put application in order
within 15 months of communication.
Three months extension possible on application.
Applicant change application to satisfy the controller.
Applicant is also given an opportunity to be heard,applicant is
given atleast 10 days notice after fixing the date of hearing.
Applicant notifies controller whether he will attend hearing.
13. Applicant allowed extension of time for
hearing.
After controller is satisfied that all objections
are satisfactorily cleared by the applicant, the
specification is accepted and published in the
gazette of India.
14. PERIOD OF PATENT
As per Indian patent’s act 1970, the patent
period was 7 years from the date of filling
complete specification or 5 years from the
date of sealing,which ever is shorter in case
of food ,drug and medicine.
As per patent amendment ordinance
1994,the patent period is 20 years.
16. TRADE MARKS ,SERVICE
MARK,AND TRADE NAME
Distinctive symbols, signs,logos that help
consumer to distinguish between competing
goods or services.
A trade name is the name of an enterprise
which individualizes the enterprise in
consumer’s mind.
Legally not linked to quality
In fact, linked in consumer’s mind to quality
expectation.
17. DURATION OF TRADE MARK
Period of 20 years and its renewal as long as
the trade mark continues to be used by it’s
owner.
18. TYPES OF MARKS
COLLECTIVE MARK : Proprietor is an
association of persons, which is legally not a
patnership.
CERTIFICATION MARK : Does not indicate
origin of goods but certifies the goods as
conforming to certain characteristics (quality,
ingredients, geographical origin etc.,) e.g.
ISI ,HALLMARK etc.
19. FORMS OF TRADE MARKS
VISUAL : Words, letters, devices including
drawings and symbols or 2-d
representations of object or a combination of
two or more of these, colour combination,3-
D sign as shape of goods or packaging .
AUDIO : Sounds, Musical notes.
OLFACTORY : smells.
20. WHAT IS PROTECTED AND
WHAT’S NOT ?
RIGHT TO USE TRADE MARK 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 trade mark
21. GEOGRAPHICAL
INDICATIONS
Many goods possess their peculiar properties
due to their geographical origin .
Geographical indications is the best method
to indicate the geographical origin of goods
and services.
Many agricultural products ( tea, rice ) ;
dairy products (cheese) , wines and spirits
owe their special quality and reputation to
their geographical place of growth or
processing.
22. PROTECTION OF GEOGRAPHICAL
INDICATIONS
Geographical indications is not owned by a
single owner .
Any producer in the region can use GI on the
product provided it is prepared by the norms
set out for the use of that GI.
GI is registered in the national register and is
similar to the certification mark identifying
the origin of the good.
Government can register GI in the
international register maintained by WIPO
for world wide protection.
It is offence to use false GI on goods.
23. INDUSTRIAL DESIGNS
WHAT ARE INDUSTRIAL
DESIGNS ?
The ornamental or aesthetic aspect of an
article that enhances visual appeal and
differentiates product.
E.g. 3-D features of shape or surface as
of a perfume bottle , 2-D patterns of lines ,
shapes and colours as on a bed sheet .
24. CRITERIAS FOR PROTECTION
AS INDUSTRIAL DESIGN
New and original
Capable of mass production or application on
an article of utility
Not contrary to public order or morality
The shape should not be determined merely
by the functionality of the good.
25. INTEGRATED CIRCUITS
LAYOUT DESIGNS
WHAT IS LAYOUT DESIGN ?
Layoutof transistors and other circuit
elements, including lead wires
connecting such elements and
expressed in any manner in a semi
conductor integrated circuit (IC).
26. WHY TO PROTECT
Integrated Circuits 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.
27. WHY SPECIAL PROTECTION ?
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
Importing , selling or disturbing
commercially a protected layout design or IC
incorporating it .
28. 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.
Trade secret can be an invention ,idea,
survey method, manufacturing process
,experiment results, chemical formula,
recipe, financial strategy ,client database etc.
The best kept secret till date.
29. WHEN TRADE SECRETS ARE
PREFERRED ?
When invention is not a patentable .
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.
30. HOW TO GUARD TRADE
SECRET ?
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.
32. COPYRIGHT
Copyright protects literary and artistic works
E.g. Books, lectures, dramatic and musical
works , choreography , cinematography ,
drawings, paintings, architecture,
photographs, illustrations mpas, etc.,
RIGHTS COVERED UNDER COPYRIGHT
MORAL RIGHTS : Author’s right of
paternity. Non–alienable.
33. ECONOMIC RIGHTS : Rights to exploit the
work, e.g.Rights of translation, rights of
performance, rights of reproduction etc.
These rights can be transferred, assigned,
licensed for economic benefits.
WHO ARE AUTHORS ?
• Writer/writers of the book;
• Painter;
• Music composer;
• Translator;
• Cinematographer;
• Photographer etc.
34. DURATION OF PROTECTION
For books and other works of arts it is 50 to
70 years after the death of the author (the
law of different countries vary );
For photographic work 25 years from making
the work;
For cinematic works 50 years after making
the work available to public.
35. EMERGING ISSUES IN IPR
Traditional knowledge and expression of
culture (Folklore)
Biodiversity and Genetic resources
Electronic Commerce
Internet Domain Names
Protection of databases, software.