1. PRESTIGE INSTITUTE OF MANAGEMENT AND
RESEARCH
SEMINAR PRESENTATION
INTELLECTUAL PROPERTY RIGHTS: ISSUES AND TRENDS
GUIDED BY PREPARED BY
DR. ALOK BANSAL SHEENA GAHLOT
SAPNA MALVIYA
PRACHI BAJAJ
SHOBHIT SHARMA
2. WHAT IS AN INTELLECT
In simple terms
intellect is the
ability to use the
mind creatively
3. Intellectual Property Rights
• Intellectual Property Rights
are legal rights, which result
from intellectual activity in
industrial, scientific, literary &
artistic fields.
• These rights safeguard
creators and other producers
of intellectual goods &
services by granting them
certain time-limited rights to
control their use.
• Protected IP rights like other
property can be a matter of
trade, which can be owned,
sold or bought. These are
intangible and non-exhausted
consumption.
5. 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.
• It provides protection for the invention to the owner of the
patent.
• The protection is granted for a limited period, i.e. 20 years.
• Patent protection means that the invention cannot be
commercially made, used, distributed or sold without the
patent owner's consent.
• Once a patent expires ,the protection ends, and an invention
enters the public domain, that is, the owner no longer holds
exclusive rights to the invention, which becomes available to
commercial exploitation by others.
6. TRADEMARKS
• A trademark is a distinctive sign that identifies certain goods
or services as those produced or provided by a specific
person or enterprise.
• It may be one or a combination of words, letters, and
numerals.
• They may consist of drawings, symbols, three- dimensional
signs such as the shape and packaging of goods, audible
signs such as music or vocal sounds, fragrances, or colours
used as distinguishing features.
• It provides protection to the owner of the mark by ensuring
the exclusive right to use it to identify goods or services, or
to authorize another to use it in return for payment.
• The initial term of registration is for 10 years; thereafter it
may be renewed from time to time.
7. COPYRIGHTS
• Copyright is a legal term describing rights given to creators for
their literary and artistic works.
• The kinds of works covered by copyright include: literary works
such as novels, poems, plays, reference works, news papers and
computer programs; databases; films, musical compositions, and
choreography; artistic works such as paintings, drawings,
photographs and sculpture; architecture; and advertisements,
maps and technical drawings. Copyright subsists in a work by
virtue of creation; hence it’s not mandatory to register.
• However, registering a copyright provides evidence that copyright
subsists in the work & creator is the owner of the work.
• These economic rights have a time limit, (other than photographs)
is for life of author plus sixty years after creator’s death
8. GEOGRAPHICAL INDICATIONS
• GI 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.
• A geographical indication points to a specific place or
region of production that determines the characteristic
qualities of the product that originates therein. It is
important that the product derives its qualities and
reputation from that place.
• Some of the examples of GI :-
• Chanderi’s Sarees
• Kullu’s Shawls
9. INDUSTRIAL DESIGNS
• Industrial designs refer to creative activity, which result in the
ornamental or formal appearance of a product, and design right
refers to a novel or original design that is accorded to the
proprietor of a validly registered design.
• Under the TRIPS Agreement, minimum standards of protection
of industrial designs have been provided .
• The existing legislation on industrial designs in India is contained
in the New Designs Act, 2000 and this Act will serve its purpose
well in the rapid changes in technology and international
developments.
• India has also achieved a mature status in the field of industrial
designs and in view of globalization of the economy, the present
legislation is aligned with the changed technical and commercial
scenario and made to conform to international trends in design
administration.
10. TRADE SECRETS
• It may be confidential business information that provides an
enterprise a competitive edge may be considered a trade secret.
• Usually these are manufacturing or industrial secrets and
commercial secrets.
• These include sales methods, distribution methods, consumer
profiles, advertising strategies, lists of suppliers and clients, and
manufacturing processes.
• A trade secret can be protected for an unlimited period of time but
a substantial element of secrecy must exist, so that, except by the
use of improper means, there would be difficulty in acquiring the
information.
• Considering the vast availability of traditional knowledge in the
country the protection under this will be very crucial in reaping
benefits from such type of knowledge.
11. LAYOUT DESIGNS FOR INTEGRATED
CIRCUITS
• The aim of the Semiconductor Integrated Circuits Layout-Design Act
2000 is to provide protection of Intellectual Property Right (IPR) in the
area of semiconductor Integrated Circuit Layout Designs and for
matters connected therewith or incidental thereto.
• The main focus of SICLD Act is to provide for routes and mechanism for
protection of IPR in Chip Layout Designs created and matters related to
it. The SICLD Act empowers the registered proprietor of the layout-
design an inherent right to use the layout-design, commercially exploit
it and obtain relief in respect of any infringement.
• The initial term of registration is for 10 years; thereafter it may be
renewed from time to time.
• Department of Information Technology Ministry of Communications
and Information Technology is the administrative ministry looking after
its registration and other matters.
13. TRADEMARK WAR
• It is the case between the famous brand AMUL and Ichhamati
Milk Union Limited (IMUL) of West Bengal.
• Ichhamati Co-operative Milk Producer Union Limited filed an
application for registration of the mark ‘IMUL’ . After the
advertisement of this application, Kaira District Co-Operative
Milk Producer Union Limited opposed registration of the
trademark as they are carrying on a well established business
of manufacturing, marketing and exporting milk products
under the name of AMUL since 1955.
• Therefore, the respondent’s adoption of the mark IMUL would
cause confusion among the public and in the trade as it was
deceptively similar to the AMUL’s trademark.
• Dairy major AMUL of Gujarat has won a trademark dispute
with a milk producer co-operative union in West Bengal,
which sought to market a brand of milk named ‘Imul’.
• The Intellectual Property Appellate Board (IPAB) has set aside
an order of the Registrar of Trademark, Kolkata, registering
the trademark ‘Imul’, holding that it is deceptively similar to
Amul.
14. PATENT WAR
• It is the issue regarding patent war
on a particular selling two popular
anti-diabetic drugs, between a US
based firm MSD and a Mumbai
based firm Glenmark that was
conducted in Delhi high court .
• MSD's move comes a week after
Glenmark Pharma launched generic
versions of a range of anti-diabetes
products sold by the US company
under the brand names Januvia and
Janumet.
• Glenmark has branded its
medicines Zita and Zita Met.
• MSD confirms that they have filed a
suit in the honourable Delhi High
Court against Glenmark for patent
violation of their drugs Januvia and
Janumet.
15. Glenmark’s comment
• Glenmark Pharmaceuticals has contended that it has used
Sitagliptin Phosphate in its anti-diabetes drugs, Zita and Zita-
Met, and the US firm has no patent right over this salt.
• The Delhi high court on reserved its decisions on US drug
firm Merck Sharp and Dohme’s (MSD) appeal against a single
judge bench order refusing to restrain Indian firm Glenmark
from manufacturing and selling anti-diabetes drugs Zita and
Zita-Met. A bench of justices S. Ravindra Bhat and Najmi
Waziri reserved the judgement after the counsel for both the
drug manufacturing firms concluded their arguments in the
case.
• MSD had earlier filed the intra-court appeal against the
interim order of the single judge bench which, on 5 April,
had refused to restrain the Indian company from
manufacturing and selling its medicines meant for treatment
of Type-2 diabetes.
16. • The single judge’s order had come on the US firm’s plea alleging that the
Indian pharma company had violated its IPR over its anti-diabetes
medicines, Januvia and Janumet, by coming out with their own drugs
containing the same salts. The US firm has said it had invented ‘Sitagliptin´
salt used in its anti-diabetes drugs and has patent over the molecule.
• Glenmark Pharmaceuticals, on the other hand, has contended that it has
used ‘Sitagliptin Phosphate in its anti-diabetes drugs, Zita and Zita-Met,
and the US firm has no patent right over this salt.
• Sitagliptin Phosphate has been a distinct product from Sitagliptin and due
to this, the US firm had obtained separate patent for Sitagliptin Phosphate
in the US, the Indian firm has said.
• MSD first applied for a separate patent for Sitagliptin Phosphate in India
and later abandoned it, Glenmark has said. On its part, the US drug firm
has said anti-diabetes drug Januvia is not costly at Rs..43 a pill which is
roughly 1/5th of its price in the US. According to market sources,
Glenmark’s version costs around Rs..30% less.
17. Case in favour of Glenmark
• Januvia and Janumet are patented and enjoy IP
protection of 20 years in India.
• However, under the Drugs and Cosmetics Act of India,
a company can apply for approval to market a patented
drug four years after its launch.
• Glenmark has used this route to get an approval to
launch the drug.
• Under the Drugs and Cosmetics Act, state-level
regulators can grant marketing approval even if a
patent exists, as long as the drug has been around for
four years.
18. Expert’s statements regarding case
• "Any data submitted to the government is not considered
patent infringement under the patent act. Also, grant of
marketing approval doesn't amount to patent infringement
under the Drugs and Cosmetics Act of India," said Ali Asghar
Dholkawala, advocate and IP expert of law firm Wadia
Ghandy and Company.
• "From the drug regulatory side, there is nothing that stops
Glenmark from launching the drug. A drug regulator cannot
hold back an approval because of an existing patent, the
courts have made it clear. Now the patent infringement issue
will be solely determined by the courts," said Shamnad
Basheer, who runs the blog Spicyip that tracks patents and
intellectual property disputes in India.
19. COPYRIGHT WAR
• It was an issue between a music
cassetts company Super
Cassettes Industry and a well
known and one of the most
popular website Yahoo.
• The Delhi High Court in India
passed an interim injunction that
prohibits Yahoo Video from
streaming copyright content from
Indian music company, Super
Cassettes Industry.
• The court, after finding a prima-
face case, also issued a notice to
Yahoo and its Indian subsidiary.
20. • The music company, which uses the brand T-
Series, is seeking a permanent injunction and
damages for the alleged dissemination and
display of its copyrighted content on Yahoo
Video.
• Super Cassettes Industries last year sued by
YouTube, owned by Goggle, for similar reasons.
• It obtained an interim restraining order on You
Tube in that case too, though the case has not
been finally disposed.
• Super Cassettes Industries has filed the case
against Yahoo under Indian copyright laws.
21. • The disputes pitting Yahoo and Google against Super
Cassettes Industries points out to the differences between
Indian laws and the copyright infringement and take down
provisions of the U.S. Digital Millennium Copyright Act
(DMCA).
• While Internet companies like Yahoo offer to remove
copyright content that has been put up on their web sites
without permission, after sufficient proof is provided of the
ownership of the copyright and its misuse, Indian content
providers demand that Internet companies take
responsibility for identifying misused copyright material
and taking it down from their sites.
• Super Cassettes publishes large numbers of videos and
music cassettes, and it is not possible for the company to
spend time and resources to monitor copyright
infringements on sharing sites like those of Google and
Yahoo.
22. COURT’S DECISION
• With its interim order, the Delhi High Court
also appears to have put on Yahoo the onus
for identifying and removing misused
copyright material from Super Cassettes
Industries on Yahoo Video.
23. There are some issues of
copyrights that are settled
without court and judiciary just
by paying royalty to the
applicant party.
24. 3 IDIOTS CONTROVERSY
• Case of the movie 3 Idiots
where the famous writer
Chetan Bhagat filed a case
of copyright on producer
Vidhu Vinod Chopra and
director Rajkumar Hirani
for taking a part of story
form one of his novel “Five
Point Someone”
• Later on the matter has
been solved by giving credit
of story to Chetan Bhagat.
25. DABANGG CONTROVERSY
• Emami Ltd served a legal notice
to Arbaaz Khan Productions for
using the phrase ‘Zandu Balm’
in a track of Dabangg.
• But later on it observed that
the issue was not as serious as
it is being made out to be.
• Both the parties considered out
of court settlement and Emami
started using the song for the
promotion of their product.
26. NEW TRENDS IN IPR
• Intellectual property is the key to India’s
expanding knowledge economy and bounds,
the Indian IP industry is fast reaching new
heights.
• With the advent of the new knowledge
economy, the old and some of the existing
management constructs and approaches would
have to change.
• India is a member of the World Trade
Organization and a signatory to the Trade
Related Aspects of Intellectual Property Rights
Agreement.
• In the last few years India has been in the
process of modifying its Intellectual Property
laws to ensure adequate protection to
Intellectual Property owners.
• Indian legislature has made efforts to
implement better IP rights enforcement and
protection. In recent years the Indian economy
has opened up and grown dramatically.
27. Five trends has been identified which is expected to be
continue to shape the intellectual property and patent sector:
1. On October 15, 2010 Federation of Indian Chambers of Commerce and
Industry had launched an Anti Piracy Coordination Cell with the
approvals of Government of India. The three important pillars that needs
to be properly dealt with:-
The legislation
Enforcement
Awareness
The cell will act as a platform where stakeholders can interact. The four
main segments that are getting adversely affected by piracy:-
Film industry
Music industry
Publishing
Software industry
Justice Muralidhar, on November 26,2010 had passed the rule stating
that Certification of CD’s and DVD’s henceforth to be made compulsory,
28. 2. Patent Enforcement Entities (also known as Non-
Practicing Entities or NPEs) will broaden their reach
by seeking new industries such as medical and
automotive where patents they control may be
asserted.
3. The government has already approved the proposal
to establish a National Institute of Intellectual
Property Rights Management at Nagpur . The
primary functions of the institute include training ,
education and research, in addition to acting as a
tank on key IP policy matters. The government has
already put forward plans to expand and modernize
further the IP offices in order to make them world
class.
29. 4. The International Searching Authority and International
Preliminary Examining Authority is to provide reports on a
unique search and examination reports on a variety of inventions
for patenting. India has been discussed in the plan to get
recognition for Indian Patent and Trademark Office as International
Searching Authority and International Preliminary Examining
Authority under the Patent Cooperation Treaty Office. Formation of
Mashelkar Committee:- Government of India has created a group of
technical experts to examine the following issues in patent law:
whether it is compatible with TRIPS to limit the granting of a patent
medicine applies only to new chemical entities or new medical
device and whether it is compatible with the TRIPS Agreement
excludes the patenting of micro-organisms.
30. 5. In recent years there have been commendable
developments regarding Indian patent legislation. Indian
law recently recognized patent protection for
pharmaceutical compounds. As a result, the courts in India
have only recently dealt with patent enforcement issues
and are still finding their way in handling complex patent
issues. The standards for claim interpretation, trial, and
enforcement of injunctions are still under development.
Generally, the courts have no standards for issuing
injunctions and have not given deference to the
determinations of the Patent Office. The section 3 of Indian
Patent Act is considered as a roadblock for patenting
invention by many global pharmaceutical industries.
31. CONCLUSION
• We conclude that
Intellectual Property
Rights (IPR) is a right
granted to us for the
protection of our
intellectual work,
innovative ideas and
creative designs.
• It provides confidence to
the inventor that his
work will never get stolen
by anyone else.
