WELCOME WELCOME

INTELLECTUAL PROPERTY RIGHTS

COURSE INSTRUCTOR-Dr. B. Jirli

Associate Professor

PRESENTED BY-Awadhesh kumar singh

Ph.D. 1st year

DEPARTMENT OF EXTENSION EDUCATIONINSTITUTE OF AGRICULTURAL SCIENCES, BANARAS

HINDU UNIVERSITY, VARANASI

PRESENTATION ON

Content……

• Definition of IPR

• Different form of IPR

• Conditions for an innovation to be an IP

• Treaties and reciprocal agreements

• Registering and enforcing IPR in India

• The Laws For IP Protection

• Nodal Agencies for IPR facilitation in India

• Conclusion.

• Reference

Kinds of Property

• Movable Property

Car, Pen, Furniture, Dress

• Immovable Property

Land, Building

• Intellectual Property

Literary works, inventions

Definition of IPR

• Intellectual property (IP) is a term referring to a brand, invention, design or other kind of creation, which a person or business has legal rights over. Almost all businesses own some form of IP, which could be a business asset.

• Intellectual Property is a property that arises from the human intellect. It is a product of human creation.

• Intellectual Property is the creation of the human intellectual process and is therefore the product of the human intellect or mind.

…. Definition of IPR

“Intellectual Property shall include the rights relating to– literary, artistic and scientific works,– performances of performing artists, phonograms, and

broadcasts,– inventions in all fields of human endeavour– scientific discoveries– Industrial designs– trademarks, service marks and commercial names and

designations– protection against unfair competition

and all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields.”

(WIPO Convention)

1. Patent :

• A patent is an exclusive right granted to the inventor to use

and market the invention for a limited period of time in

consideration of the disclosure of the invention.

• The product must be (a) novel, (b) have industrial application

and (c) must be useful for entitlement of a patent. Patents are

given only for inventions.

• Inventions are solutions to specific problems in the field of

technology. An invention may relate to a product or a process

2. Copy Rights :

• Copy right law deals with the rights of intellectual creators. It

is concerned with protecting creativity and ingenuity. It

promotes and disseminates national cultural heritage.

• It is meant for original literary, dramatic, musical and artistic

works,cinematographic films and soft-wares. Copy right is

registered at Ministry of HRD which is valid for 60 years after

author’s death.

3. Trade mark :

• It is a sign that individualize the goods of a given enterprise

and distinguishes them from the goods of its competitors. It is

limited to word marks, abbreviation, names, figures and

hologram.

4. Designs :

• A design includes features of structure, configuration, pattern,

ornament, or composition of lines and colors applied to an

article in 2 or 3 dimensional form by any technical process.

• The process or product can be manual, civil, electrical,

chemical and mechanical or combination of all.

5. Trade secret :

• It is the agreement between the employer and employee to

keep the research information secret or confidential.

• The employer can recover damages from the improper

disclosure or use of his trade secret by the employee.

6. Geographical Indication :

• Place names used to identify products such as “Champagne”,

Roquefort cheese, Basmati rice etc.

• They provide legal means so that interested parties can stop

the use of such geographical indications for products that do

not originate from the used place name or do not have the

usual characteristics associated with that place name.

• Example:- Banarasi Saree

Plant Breeders Rights

• Plant breeders' rights (PBR), also known as plant variety

rights (PVR), are rights granted to the breeder of a

new variety of plant that give the breeder exclusive

control over the propagating material (including seed, cuttings,

divisions, tissue culture)

CONDITIODS FOR AN INVENTION TO BE AN IP

Novelty :- An invention will be considered novel if it does

not form a part of the global state of the art.

• Information appearing in magazines, technical journals,

books, newspapers etc. constitute the state of the art.

• Oral description of the invention in a seminar/conference can

also spoil novelty.

• Novelty is assessed in a global context.

Inventiveness (Non-obviousness)

• A patent application involves an inventive step if the proposed

invention is not obvious to a person skilled in the art i.e., skilled in

the subject matter of the patent application.

• The prior art should not point towards the invention implying that

the practitioner of the subject matter could not have thought about

the invention prior to filing of the patent application.

• Inventiveness cannot be decided on the material contained in

unpublished patents.

• The complexity or the simplicity of an inventive step does not have

any bearing on the grant of a patent.

Treaties and reciprocal agreements

India is also a signatory to the following international IP agreements:

• The Paris Convention - under this, any person from a

signatory state can apply for a patent or trade mark in any other

signatory state, and will be given the same enforcement rights and

status as a national of that country would be;

• The Berne Convention - under this, each member state

recognizes the copyright of authors from other member states in the

same way as the copyright of its own nationals;

• The Patent Cooperation Treaty - this is a central

system for obtaining a ‘bundle’ of national patent applications

in different jurisdictions through a single application.

• The Madrid Protocol- which allows a bundle of

national trade mark registrations in different jurisdictions to be

made through a single application, has not yet been brought

into force in India. India is also not a signatory to the Hague

Agreement, which allows the protection of designs in multiple

countries through a single filing.

Registering and enforcing intellectual property rights in India

• To enjoy most types of intellectual property (IP) rights in

India, you should register them.

• For patents, individual registrations must be made in India, but

for rights other than industrial designs you can apply under the

terms of the Patent Cooperation Treaty, which is usually easier

and quicker.

• For trade marks, you should register them within India.

• For copyright, no registration is required but

registering copyrights with the copyright authorities

is advisable.

• ‘Priority rights’ under the Paris Convention can help

in the local registration of trade marks, designs and

patents by allowing rights previously registered

elsewhere to become effective in India, if filed within

a time limit.

The Laws For Intellectual Property Protection

Act Ministry/Department

The Copyright Act, 1957 Higher Education

The Patents Act, 1970 Industrial Policy & Promotion

The Designs Act, 2000 Industrial Policy & Promotion

The Trade Marks Act, 1999 Industrial Policy & Promotion

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

Industrial Policy & Promotion

The Semiconductor Integrated Circuits Layout-Design Act, 2000

Information Technology

The Protection of Plant Varieties and Farmers’ Rights Act, 2001

Agriculture and Cooperation

Nodal Agencies for IPR facilitation in India

• TIFAC Patent facilitation Cell

www.indiapatents.org.in

• CII - Andhra Pradesh Technology Development & Promotion Center

www.aptdc.com/ www.apipr.org

• National Research Development Corporation

www.nrdcindia.com

Conclusion

• Thus intellectual Property is a property that arises from the

human intellect. It is a product of human creation and various

forms of IPR includes Patents Copyrights, Trade mark , Designs,

Trade secrets , Geographical indications. Any invention which is

new, non- obvious and useful is included in IPR. Indian

Government has passed The patent act in the year 1970 to

safeguard the intellectual properties of inventor. There are many

nodal agencies for facilitation of IPR in India such as TIFAC,

IIC, National research development corporation etc.

REFERENCES• http://www.nishithdesai.com/fileadmin/user_upload/pdfs/Research%20Pap

ers/Intellectual_Property_Law_in_India.pdf• https://www.gov.uk/government/uploads/system/uploads/attachment_data/f

ile/201188/Intellectual_Property_Rights_in_India___a_UK_IPO_business_guide_for_India.

• https://www.google.co.in/url?sa=t&rct=j&q=&esrc=s&source=web&cd=2&cad=rja&uact=8&ved=0CCQQFjABahUKEwiyqavMgPTHAhXIchQKHRa4Boc&url=http%3A%2F%2Fwww.ibef.org%2Fdownload%2FIPR_Protection_in_India.ppt&usg=AFQjCNHkGqnNRISJzTBeqtdy1d1DK94gOg