Patents, copy-write, trademark, procedure of patents, Intellectual Property, Compulsory Licensing Basmati Rice Patent Case (Rice Tec V/s India) Bayer V/s NATCO Licensing Case

1. Submitted By-
Jastinder Pal Singh
MBA (2015-17)
15421163
School of Management Studies, Punjabi University Patiala
Submitted To-
Dr. Apar Singh

2. 2. Trademark 3. Patent1. Copyright
Intellectual Property?
Intellectual property refers to creations of the mind, such
as inventions; literary and artistic works; designs; and
symbols, names and images used in commerce.

3. What is copyright?
Copyright (or author’s right) is a legal term used to describe
the rights that creators have over their literary and artistic
works. Works covered by copyright range from books,
music, paintings, sculpture, and films, to computer
programs, databases, advertisements, maps, and technical
drawings.

4. What is a trademark?
A trademark is a sign capable of distinguishing the goods
or services of one enterprise from those of other
enterprises. Trademarks are protected by intellectual
property rights.

5. Trademarks of Various Companies

6. What is a patent?
A patent is an exclusive right granted for an invention, which is a
product or a process that provides, in general, a new way of doing
something, or offers a new technical solution to a problem. To get a
patent, technical information about the invention must be disclosed
to the public in a patent application.

7. One Can Get Patent In
Modification
New Product
Design
Useful Way To Do Things

8. Difference
Design Geographical Indications

9. I P LEGISLATIONS IN INDIA
1. PATENTS ACT , 1970
2. TRADE MARKS ACT, 1999
3. COPY RIGHT ACT , 1957
4. DESIGNS ACT , 2000
5. SEMICONDUCTOR INTEGRATED CIRCUITS AND LAYOUT
DESIGNS ACT, 2000
6. GEOGRAPHICAL INDICATIONS OF GOODS (REGISTRATION
AND PROTECTION) ACT,1999
7. THE PROTECTON OF PLANT VARIETIES AND FARMERS
RIGHTS ACT,2001

10. Basmati Rice Patent Case
In 1997, when an American company RiceTec was granted a
patent by the US patent office to call the aromatic rice grown
outside India "Basmati“ (the queen of fragrance)
India filed case as the basmati rice is geographical indication.
But RiceTec claimed that the Starch index (SI) of their product is
different from Indian Basmati Rice.

11. Lose To India & Pakistan-
Economic loses.
Global trade losses (Indian Basmati lost market of US & Europe).
In 1996 India export 5 Lac Tonns of Basmati only to Europe
Both countries lose their global market share.
Total closedown on export of Pakistani Basmati Rice (i.e.
Basmati 22)
Benefits To RiceTec-
Brand Association
Reputation
Market share
Superior features/characteristics
Confusing the customers into buying their product
Monopoly on Basmati Rice In US & Europe
Continued….

12. 1. Product Patent
2. Process Patent

13. What Is Patentable?
Process, Method or Manner of manufacture
Machine, Apparatus or other Articles
Substances produced by Manufacturing
Software which has Technical application to Industry or is used
with Special Hardware
Product Patent for Food / Chemical / Medicines or Drugs
Improvements to any of the above

14. What Is Not Patentable?
Purely mental processes (Concept of Mind)
Mathematical algorithms or formulas
Arrangements of printed matter (This include under copyright)
Naturally occurring things (eg. gravity)
Scientific principles or older concepts or older practices
Inventions solely useful in making atomic weapons (Destructive
inventions)
Inventions harmful to natural occurrence of Human, Plant, Animal

15. Turmeric patent case
May, 1995 the US Patent Office granted to the University of
Mississippi Medical Center a patent [#5,401,504] for "Use of
Turmeric in Wound Healing.“
But in India use of Turmeric for Wound Healing is very old
practice
The patent was challenged by Dr. R A Mashelkar (Former Director
general of Council of Scientific and Industrial Research (CSIR)
(1995-2006), an Indian scientist who has done much to awaken
India to Intellectual Property Rights issues.
April, 1998 CSIR won the case and patent has been canceled

16. What Makes An Invention Patentable?
"Novel" means the invention was never described in a patent,
published patent application or other publication, and never in
public use or on sale, by others before you filed your application.
"Useful" generally means that the invention does something,
anything at all.
“Not obvious" means the invention must not be an obvious
development of what has gone before, in the judgment of an
ordinary person skilled in the applicable field.

17. Type of Patent Applications
2. PCT Application, i.e., an Application which has been filled to
WIPO
 PCT (Patent Cooperation Treaty) for international patents
 protection for an invention in 148 countries throughout the
world.
1. Conventional or Electronic Application, i.e., an Application
which has been filed directly in the Indian Patent Office.
 Patent office in India : Kolkata, Delhi, Chennai and Mumbai.
3. Patent of Addition, which may be filed subsequent to the Filing
of an Application for Patent, for an improvement or modification.

18. PUBLICATION OF APPLICATION
REQUEST FOR EXAMINATION
GRANT OF PATENT
3rd Party Representation
Revocation/Amendment
OPPOSITION
• PROMPTLY AFTER 18 MONTHS FROM P.D.
• WITHIN 48 MONTHS FROM F.D.
• ALL OBJECTIONS TO BE COMPLIED WITHIN 12
MONTHS
• IF P.S.IS FILED C.S. TO BE FILED WITHIN 12MONTHS
• WITHIN 12 MONTHS
FILING OF APPLICATION
PROVNL. / COMPLETE
Decision of
Controller
EXAMINATION-ISSUE OF FER
Appeal
Appellate Board
Procedure of Application (in the Indian Patent Office)

19. Procedure of PCT Application (via the Indian Patent Office)

20. Patent cost is about Rs. 45000 to Rs. 1,50,000
Patentee can take help of Patent Agent after signing Non
Disclosure Agreement.
Patentee must have to pay renewal fee from 3rd year to 20th year
(i.e. approximately Rs. 2000 to Rs. 44000 per year)
Patentee have right to use the patent for 20 year, but after 20
year anyone can use that innovation without concern of patentee
Time of the patent can be increased than 20 year on special
conditions with Supplementary Protection Certificate (SPC)
Other Information About Patents

21. INDIA On Patents

22. Compulsory Licensing?
Patent owner has the right to decide who may – or may not –
use the patented invention for the period in which the invention
is protected
But government can use patent against interest of patentee
with special conditions.
Compulsory licensing:- is when a government allows someone
else to produce the patented product or process without the
consent of the patent owner.
Any one can apply for Compulsory licensing for any patent and
government can issue Compulsory license for public interest.

23. Need of Compulsory Licensing ?
To recognize reasonable requirements of public, in favor of
public interest
To prevent abuse of patent as monopoly
Emergency issues

24. Vs.
India’s First Compulsory License Case
Bayer HealthCare have patent on cancer medicine Sorafenib
(selling under brand name Nexavar)
But Natco Pharma Limited got the Compulsory License in India on
Sorafenib (Nexavar).
Bayer HealthCare filled case to IPAB against Compulsory License
to Natco Pharma Limited on Nexavar
But IPAB said to continue Natco Pharma Limited with issued
license, but Bayer got a six per cent royalty on sales by Natco.
Main reason of issueing Compulsory License to Natco Pharma
Limited on Nexavar
-Bayer sell Nexavar for Rs. 2,84,000 per patient per month
-But Natco sell same medicine for Rs. 8, 800 per person per month
-Natco got Compulsory License for providing Nexavar on reasonable
prices (under condition of public interest of Compulsory License )

26. THANK YOU