intellectual property rights.ppt

8/21/2019 intellectual property rights.ppt

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Intellectual Property Rights

PraveenAgricultural Extension


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Innovation What is it?

The creation of new ideas/processes which

will lead to change in an enterprises

economic or social potential


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What is Innovative Thinking?

A means of generating innovation to achieve two objectives that areimplicit in any good business strategy:

make best use of and/or improve what we have today

determine what we will need tomorrowand how we can best

achieve it, to avoid the Dinasaur syndrome

Innovative thinking has, as a prime goal, the object of improvingcompetitiveness through a perceivedpositive differentiationfromothers in:

Design/Performance

Quality

Price

Uniqueness/Novelty


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Obstacles to Successful

Innovation Competitive position

Market judgement

Technical performance

Manufacturing expertise

Financial resources


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How to classify newness and degree of

innovation and what to focus on:

New to the firm?

First in the market?

First in the world?

Incremental or radical innovation?

Innovation


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The Development of Technology: From

Knowledge Generation to Diffusion

Basic

KnowledgeInvention Innovation Diffusion

IM ITATION

ADOPTION

Supply side

Demand side


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Innovation Process

The adoption of an

innovation by similar

firms Usually leads to

product or process

standardization

Products based on

imitation often are

offered at lower prices

but with fewer features

Invention

Innovation

Imitation


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The Innovation Process

An innovation starts as an idea/conceptthat isrefined and developed before application.

Innovations may be inspired by reality (knownproblem). The innovation (new product

development) process, which leads to usefultechnology, requires: Research

Development (up-scaling, testing)

Production

Marketing

Use

Experience with a product results in feedback andleads to incrementally or radicallyimproved

innovations.


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New Product Development

Stages in a New Product Development process:

Idea Generation

Idea ScreeningConcept Development and Testing

Business Analysis

Beta Testing and Market TestingTechnical Implementation

Commercialization


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IPR

Intellectual property rights (IPR) can bedefined as the rights given to people overthe creation of their minds. They usuallygive the creator an exclusive right over theuse of his/her creations for a certain period

of time.


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HISTORY IN INDIA

George Alfred DePenning is supposed to have made the

first application for a patent in India in the year 1856."An Efficient Punkah Pulling Machine". On September 2,

DePenning, submitted the Specifications for his invention

along with drawings to illustrate its working. These were

accepted and the invention was granted the first ever

Intellectual Property protection in India.


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Classification

1.IPRs that stimulate inventive and creativeactivities (patents, utility models, industrial

designs, copyright, plant breeders rights.

2.IPRs that offer information to consumers

(trademarks and geographical indications).


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Rights protected under

Intellectual Propertyi. Patents

ii. Copyrights

iii. Trademarks

iv. Industrial designs

v. Protection of Integrated Circuits layout design

vi. Geographical indications of goods

vii. Biological diversity

viii. Plant varieties and farmers rights

ix. Undisclosed information


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Duration of Intellectual Property Rights in

a nutshell

1) Term of every patent will be 20 years from the date of filing of

patent.

2) ) Term of every trademark registration is 10 years from the

date of making of the application which is deemed to be the

date of registration.

3) Copyright generally lasts for a period of sixty years.

4) The registration of a geographical indication is valid for a period

of 10 years.

5) The duration of protection of registered varieties is different for

different crops namely18 years for trees and vines, 15 years for

other crops and extant varieties.


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Global Intellectual Property

Trends In 2009, one quarter of all trademark applications in Asia

were filed at the China Trademark Office. India showed thehighest five-year growth (13.5%) from 2005 to2009,whereasChina had one of the highest annual growth rates (20.8%)

from 2008 to 2009. In 2009, China accounted for 50 percent of total industrial

design filing activity while growing by 12.3 percent from2008 to 2009. India was in the 9th place.

In 2013, 1,41,943 trademark applications were filed, 34,287patent applications were filed and 6,092 Industrial designsapplications were filed globally.


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Intellectual Property Trends India

During 2009-10, 34,287 patent applications were filed, 6069examined and 6168 patents granted. The number ofapplications filed by the Indian applicants was 7044. Out ofthe applications filed by the Indian applicants, Maharashtraaccounted for the maximum number followed by Delhi,Tamil Nadu, Karnataka, Andhra Pradesh, West Bengal etc.

In 2010-11, a total of 642 applications representing 28 crops

were received by the Authority for seeking plant varietyprotection under the Act. The applications belong to new(395), extant (216), farmers varieties (30) and essentiallyderived variety (1) categories


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Initiatives of Government of India

towards protection of IPR

1.National Academy of Customs, Excise andNarcotics.

2.The Department of Education, Ministry ofHuman Resource Development.

3.Copyright Enforcement Advisory Council(CEAC)


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PROTECTION OF PLANT VARIETIES

AND FARMERS RIGHTS

The Protection of Plant Varieties and Farmers' Right Act, 2001

has been enacted to provide for the establishment of an effective

system for protection of plant varieties

To establish an effective system for protection of plant varieties, the

rights of farmers and plant breeders and to encourage thedevelopment of new varieties of plants

To protect plant breeders rights to stimulate investment for

research and development both in the public and private sector for

development of new plant varieties;

To facilitate the growth of seed industry in the country that will

ensure the availability of high quality seeds and planting material to

the farmers


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Intellectual Property Questions

It is necessary to know which types

of intellectual property rights (IPRs)

are applicable and when is eachtype of IPR appropriate. This varies

somewhat from one country to

another.The advice of an IP lawyer is

desirable if not essential.


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In September 2000, the WIPO Assemblies

approved the creation of a substantial new

program of activities, focusing on the IP-

related needs of SMEs worldwide

SMEs Division established in October 2000

Nine professionals and three administrative

staff in the SMEs Division of WIPO

IP dd l f h l


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IP adds value at every stageof the value

chainfrom creative/innovative ideato putting a

new, better, and cheaper, product/service on

the market:

Literary / artistic

creation

Invention

Financing Product Design

Commercialization

Marketing

Licensing

Exporting

Patents /

Utility Models/Trade secrets

Copyright/Related Rights

Patents /

Utility models

Industrial Designs/

Trademarks/GIs

Trademarks/ GIs

Ind. Designs/Patents/CopyrightAll IP Rights

All IP Rights


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Decades ago, Coca-Cola decided to keep its

soft drink formula a secret

The formula is only know to a few people

within the company

Kept in the vault of a bank in Atlanta

Those who know the secret formula have

signed non-disclosure agreements

It is rumored that they are not allowed totravel together

If it had patented its formula, the whole world

would be making Coca-Cola


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WORLD INTELLECTUAL PROPERTY

ORGANIZATION (WIPO

The World Intellectual Property Organization (WIPO) is one

of the 17 specialized agencies of the United Nations,located in Geneva, Switzerland. WIPO currently has 185Member States, and 68 intergovernmental organizations(IGOs) and 232 International non-governmentalorganizations (NGOs) and 63 National NGOs that are

accredited as observers at WIPO meetings.


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The core tasks of WIPO are:

1. working with Member States to support a balanced evolution of

international IP law

2. administering treaties

3. assisting governments and organizations in developing the policies,

structures and skills needed to harness the potential of IP foreconomic development

4. servicing global registration systems for trademarks, industrial

designs and appellations of origin and a global filing system for

patents

5. delivering arbitration, mediation and other dispute resolution services6. promoting respect for IP

7. providing a forum for informed debate and for the sharing of IP

knowledge


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INTELLECTUAL PROPERTY TREATIES

1. The Paris Convention for the Protection of Industrial Property, signed inParis, France, on March 20, 1883, was one of the first intellectual propertytreaties. It established a Union for the protection of industrial property

2. The Berne Convention for the Protection of Literary and Artistic Works,usually known as the Berne Convention, is an international agreementgoverning copyright, which was first accepted in Bern, Switzerland in1886.

3. The Patent Cooperation Treaty (PCT) is an international treaty administeredby the World Intellectual Property Organization (WIPO). The treaty was

done at Washington on June 19, 19704. The Patent Law Treaty (PLT) was adopted on June 1, 2000 at a Diplomatic

Conference in Geneva. The purpose of the PLT is to harmonize andstreamline formal procedures in respect of national and regional patentapplications and patents


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Thank You

intellectual property rights.ppt

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