Evolution Evolution

of of

Intellectual Property RightsIntellectual Property Rights

Lalit Ambastha

Director, Patentwire

IPR: At a Glance

Patent Trademark Copyright

Geographical Indication Trade SecretIndustrial Design

Historical Background: Ancient Times

Continued…

Signatures on Paintings & Creations

Substantial and Identifiable Patterns & particularity in Architectures, Paintings, Jewellery, Dresses etc. Rewards and monopolies granted by Emperors

Stamping of Jewelers’ Initials on Jewellery made by them (Still followed by local Jewelers)

Concept of Copyright came only after invention of Printing Press.

Modern patents originated in Europe where European sovereigns commonly awarded "letters patent" to favored inventors.

The first U.S. patent laws were enacted by Congress in 1790 as part of the Constitution.

The first patent was granted by the Massachusetts General Court to Samuel Winslow in 1641 for a novel method of making salt.

George Washington signed the First United States Patent Grant on July 31, 1790.

Patent system in India was first introduced by British Government in 1856.

The Indian Patents and Designs Act, 1911, (2 of 1911) first enacted under the management of Controller of Patents with a patent term of 14 years.

The Patents Act (39 of 1970) came into force on 20th April 1972 .

Initially, the Patent Act, 1970, provided a term of 7 years for pharmaceutical, agro chemical and food products and 16 years for other categories.

Historical Background: Modern Times

Current IP Laws in IndiaCopyright

Copyright Act of 1957 Customs

Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007 Designs

The Designs Act, 2000 The Design (Amendment) Rules, 2008

Geographical IndicationsGeographical Indications of Goods (Registration and Protection) Act, 1999

Geographical Indications of Goods (Registration and Protection) Rules, 2002 Information Technology

The Information Technology Act, 2000 The Information Technology Rules, 2000

Cyber Regulations Appellate Tribunal (Procedure) Rules, 2000 Patents

The Patents Act, 1970 The Patents (Amendment) Act, 2005

The Patents Rules, 2003 The Patents (Amendment) Rules, 2006

Plant Plant Varieties Protection and Farmers' Rights Act, 2001

Semiconductor and Integrated CircuitsSemiconductor Integrated Circuits Layout Design Act 2000

Rules for the Semiconductor Integrated Circuits Layout Design Act 2000 Trademarks

The Trade Marks Act, 1999 The Trade Marks Rules, 2002

Berne Convention (Literary and Artistic Works)w.e.f. April 1, 1928

Geneva Convention (Unauthorized Duplication of Phonograms) w.e.f. February 12, 1975.

World Intellectual Property Organization (WIPO)w.e.f. May 1, 1975

Nairobi Treaty (Olympic Symbol)w.e.f. October 19, 1983

Convention on Biological Diversityw.e.f. February 18, 1994

World Trade Organization (WTO) Member and Signatory to TRIPS Agreement w.e.f. January 1, 1995

Paris Conventionw.e.f. December 7, 1998

Patent Cooperation Treaty (PCT)w.e.f. December 7, 1998

Budapest Treaty (for deposition of microorganisms)w.e.f. from December 17, 2001

India – Convention and Treaty

Salient Features: Indian Patent System Novelty: Invention would not be considered novel if it is used or published in India or elsewhere before the date of filing/priority.

Term: The term of every patent granted is 20 years from date of filing.

Publication: Except where an early request for publication has been made, every patent will be published just after 18 months from the date of filing/priority and will be open for public on payment of fee prescribed.

Opposition: Provision of Pre-grant and Post-grant opposition has been introduced, where a pre-grant opposition can be filed by any person before the grant of patent, a post-grant opposition can be filed by any interested person after the grant of patent but before the expiry of 1 year.

Revocation: A patent can be challenged and revoked anytime after the grant of patent on a petition of any interested person or Central Government by the Appellate Board or on a counter-claim in a suit for infringement of the patent by the High Court.

Compulsory license can be granted to any interested person after the expiration of 3 years from the date of grant for non-working, unreasonable price and fail to fulfill the demand of patented invention.

Intellectual Property Appellate Board (IPAB) has now been constituted to hear appeals against the decisions of the Controller under the Patents Act, 1970.

India is now recognized as an International Searching Authority (ISA) and an International Preliminary Examining Authority (IPEA).

E-filing: Facility for e-filing of for patent and trademark has been launched.

IPR-Statistical Review

126132469

174661911

245054320

289407539

35218

15261

0 5000 10000 15000 20000 25000 30000 35000 40000

Number of Applications

2003-04

2004-05

2005-06

2006-07

2007-08

Yea

r

PATENTS

Granted

Filed

Source: IPO

IPR-Statistical Review

3357

2547

40173728

49494175

55214250

64024928

0 1000 2000 3000 4000 5000 6000 7000

Number of Applications

2003-04

2004-05

2005-06

2006-07

2007-08

Yea

r

DESIGNS

Registered

Filed

Source: IPO

9222539762

7899645015

85699184325

103419109361

123514

100857

0 50000 100000 150000 200000

Number of Applications

2003-04

2004-05

2005-06

2006-07

2007-08

Yea

r

TRADEMARKS

Registered

Filed

IPR-Statistical Review

Source: IPO

GEOGRAPHICAL INDICATIONS

0

11

19

3

61

0 10 20 30 40 50 60 70

2003-04

2004-05

2005-06

2006-07

2007-08

Yea

r

Registered

IPR-Statistical Review

Source: IPO

Patents- Sector wise Analysis

In Year 2007-08, the most active sector were Chemicals, Food and Drugs (31 percent), followed by Computer, Electrical and Electronics (20 percent), and Mechanical (18 percent).

Chemical18%

Drug & Food13%

Electrical6%

Mechanical18%

Computer14%

Biotech5%

Others26%

Source: IPO

World Statistical Review

In 2007, about 59.2% of world patent filings were filed in these three countries alone.

Residents of Japan and the United States own approximately 47% of the 6.3 million patents in force across the world.

In 2007, around 3.3 million trademark applications were filed across the world.

In 2007, 20.6% and 9.2% of total trademark applications worldwide were filed at the IP offices of China and the United States of America (US), respectively.

The IP office of Brazil was largely responsible for the increase in the growth of trademark registrations in 2007.

The total number of applications for industrial designs is estimated at around 621,000 in 2007.

The IP office of China accounted for 43.1% of total industrial design applications in 2007.

China

United States

Japan

Strong

GDP & R&D

Major

Patent Filers

Source: WIPO

The number of patent applications filed through the Patent Cooperation Treaty (PCT) in 2008 was approximately 163,600.

A Chinese company (Huawei Technology) topped the list of applicants with the highest number of PCT filings.

Panasonic Corporation (Japan) and Philips (Netherlands) were ranked second and third.

US Universities dominated the list of top PCT applicants for the university sector. The University of California filed 345 PCT applications.

Tokyo, Seoul National, Imperial College and Osaka are the four non-US universities in the top 20 list.

The Republic of Korea has the highest resident patent filings to R&D ratio, followed by Japan, Belarus and China.

Belgium, Mexico and Singapore have a low resident patent filings to R&D ratio.

China, Germany, Japan, the Republic of Korea and the US accounted for around 70% of world R&D expenditure, and these countries are the top five ranked countries for resident patent filings.

PCT: World Statistical Review

Source: WIPO

Comparison: India Vs China

210490

828328

245161

352182894024505

0

100000

200000

300000

400000

500000

600000

700000

800000

900000

2006 2007 2008

China

India

Reason Domestic applicants file actively in China: 62 percent in China whereas 20 percent in India; Bigger Economy in China in comparison to India; Better Infrastructure for Patent filing in China; Better IP awareness among the individuals and Universities; Easy to get a grant in China; Better enforcement of IP Laws in China.

Academia: Requirements & Challenges

IP Awareness

IP Knowledge: Realizing Ground Realities

Counseling of Scientists/Scholars/Students

Pre-Publication Screening Gateway

IP Policy: Confidentiality and Contract

Agreements

IP Coordinator

IP Management Cell

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