ipr cell on ip - bharathidasan university · ipr cell engage with primer on ip. technology impacts...

IPR CELLENGAGE WITH PRIMER

ON IP

Technology impacts virtually every facet of our lives

today and shows no signs of slowing down. From doing

research to shopping to driving your car to managing

your health, it’s with you every step of your day.

4. Intellectual Property Rights Encourage Innovation and Reward Entrepreneurs

1. Intellectual Property Drives Economic Growth and Competitiveness

2. Intellectual Property Creates and Supports High-Paying Jobs

3. Intellectual Property Helps Generate Breakthrough Solutions to Global Challenges

✓ IP means the property, which is created with intellect such as

inventions, books, paintings, songs, symbols, names, images, or

designs used in business, etc.

✓ IP is a property which cannot be touched or seen and is product of a

person’s intelligence, hard work, and skill.

✓ IP, like any real property that i) can be bought, sold, licensed,

exchanged, given away ii) The owner can prevent unauthorized use

and can take legal action, in case someone else uses it without

permission.

✓ Legal rights conferred on such property are called “Intellectual

Property Rights” (IPRs).

Intellectual Property (IP)

Pa

tents

Desi

gns

Tra

dem

ark

s

Copyri

ghts

GI

Pla

nt P

rote

ctio

n

Sem

ico

nd

uct

or

Layou

t D

esi

gn

Pa

tents

Pa

tents

Terminology

A Patent gives monopolistic rights to its owner to exclude others, from making, using, selling, offering for sale or importing the product or the process for producing the product without his consent

Any product or process which is new, non- obvious and

capable of industrial application can be patented

The term of every patent in India is twenty years from

the date of filing the Patent application

The Patents Act, 1970 and the Patents Rules 1972 subsequently amended in 1999, 2002, 2005 and 2016 govern the provisions relating to Patents in India

What?

Law

governing

Pa

tents

Desi

gns

Terminology

Industrial Designs are the features of shape, configuration, pattern,

ornament or composition of lines or colours applied to the product

which makes it look different from other articles in the market.

The purpose of industrial designs is to add on to the aesthetic value

of the product to increase the marketability while making our life

easier.

What?The design must be new and distinct. The design protection is provided

for 10 years. The period of protection is extendable to 5 years after the

expiry of 10 years’ duration.

Law

governing

The Designs Act 2000 governs the provisions relating to designs

in India and specifically mentions that the design to be registered

must be visible on the finished article

Pa

tents

Desi

gns

Tra

dem

ark

s

Trademark is a mark accorded with protection, intended to serve the

purpose of recognizing the source/origin of the goods or services to

which the particular mark belongs.

Terminology

What?

Law

governing

A trademark is a mark which is unique, distinctive, made up of names,

symbols, signs, sounds, images, shape, packaging, colour combination,

and capable of distinguishing one product from another.

Term of registration of a trademark is ten years, which may be renewed

for a further period of ten years on payment of prescribed renewal fees.

The Trade Marks Registry was established in India in 1940

and presently it administers the Trade Marks Act, 1999 and

the rules thereunder.

Pa

tents

Desi

gns

Tra

dem

ark

s

Co

pyri

gh

ts

01

02

03

Terminology

What?

Law

governing

Copyright is an exclusive legal right granted to the creators of

intellectual work. Copyright protects “original works of

authorship” that are fixed in “a tangible form of expression.”

Copyright owner has rights to reproduce, translate, adapt,

perform, distribute and publicly display the work, etc.

The Copyright Act, 1957 governs the provisions relating to

copyrights in India.

Literary including Software, Artistic, Dramatic, Musical, Sound Recording, Cinematograph Films fall into copyrightable works

Literary, Dramatic, Musical or Artistic Works – Lifetime of the

author until 60 years from the death of the author.

For others – 60 years from the year in which the recording

was published.

Pa

tents

Desi

gns

Tra

dem

ark

s

Copyri

ghts

GI

Terminology

Geographical indications of goods are defined as that

aspect of industrial property which refer to the

geographical indication referring to a country or to a place

situated therein as being the country or place of origin of

that product

What?

Geographical Indication is primarily an agricultural,

natural or a manufactured product (handicrafts and

industrial goods) originating from a definite

geographical territory.

Law governing

Geographical Indications in India is protected under the

Geographical Indications of Goods (Registration &

Protection) Act, 1999 and the Geographical Indications

of Goods (Registration & Protection) Rules, 2002.

Pa

tents

Desi

gns

Tra

dem

ark

s

Copyri

gnts

GI

Pla

nt p

rote

ctio

n

To provide an effective system

for protection of Plant varieties

and rights of farmers and plant

breeders.

To recognize the farmers in

respect of their contribution

made at conserving, improving

and making available plant

genetic resources for

development of new plant

varieties.

New Variety,

Extant Variety,

Farmers Variety,

Variety of

Common

Knowledge

Essentially

Derived Variety

Trees & Vines – 18

years; Other Crops

– 15 years

The Protection of Plant

Variety and Farmers’

Rights Act was passed

by the Indian

Parliament in 2001.

Rules were notified by

the Department of

Agriculture (now

known as Department

of Agriculture and

Farmers Welfare) in

2003.

What?Law

governingTerminology

Pa

tents

Desi

gns

Tra

dem

ark

s

Copyri

ghts

GI

Pla

nt P

rote

ctio

n

Sem

icondu

ctor

Layou

t desi

gn

Law

governingWhat?Terminology

Protection provided for

the ‘layout-designs’ of a

semiconductor integrated

circuit

The fact that protection

could not be granted

under neither under

patents, due to high

threshold of ‘novelty’

requirements

Original, Distinctive,

Capable of

distinguishing from any

other layout design,

Has not been

commercially exploited

anywhere in India or in

a convention country.

Period of ten years from

the date of filing of an

application

Semiconductor

Integrated Circuits

Layout Design Act

2000

Semiconductor

Integrated Circuits

Layout Design

Rules 2001

Genetic Resources & Traditional Knowledge

• Genetic resources (GRs) refer to genetic material of actual or potential value.

• Genetic material is any material of plant, animal, microbial or other origin containing functional units of heredity.

• Traditional knowledge means the knowledge, systems, innovations and practices of local communities across the globe.

• Such wisdom has been developed and accumulated over the years and has been used and passed down through several generations.

The Biological Diversity Act, 2002

was enacted for preservation

of biological diversity in India, and

provides mechanism for equitable

sharing of benefits arising out of the

use of traditional biological

resources and knowledge

Traditional Knowledge Digital Library

Set up in 2001 by Council of Scientific and Industrial Research (CSIR) in collaboration

with the MINISTRY OF AYUSH

Encourages modern research based on Traditional Knowledge

Wrong Patents in traditional knowledge are prevented from being granted -TKDL is an effective deterrent against

bio-piracy Maintains the ancient knowledge and

traditionally passed verbal knowledge e.g., Knowledge about medicinal plants

Access given to several International

Patent Offices

3,00,000+ entries of traditional Indian medicinal systems of Ayurveda, Unani,

Siddha and YogaTranslations available in 5 international languages i.e.

English, Japanese, French, Spanish and German

Trade Secrets

• Any confidential business information which provides an enterprise a competitive edge may be considered a trade secret. Trade secrets encompass manufacturing or industrial secrets and commercial secrets

• Trade Secrets may include R&D Information, Software Algorithms, Inventions, Designs, Formulas, Financial Records, Ingredients, Lists of Customers, Devices, Methods, Consumer Profiles and Advertising Strategies or Policies of a Company, etc.

• A trade secret can be protected for an unlimited period of time

To promote creativity and the

dissemination and application of its

results and to encourage fair trading

which would contribute to economic

and social development

To give statutory expression to the moral

and economic rights of creators in their

creations and the rights of the public in

access to those creations

Global innovation Index (GII)

2GII is concerned primarily with improving

the journey towards a better way to

measure and understand innovation and

with identifying targeted policies and

good practices that foster innovation

1GII is co-published by Cornell University,

INSEAD, and the World Intellectual

Property Organisation (WIPO), a

specialised agency of the United Nations.

3India is consistently an overachiever

relative to its level of development, India

has the potential to make the true

difference to the global innovation

landscape

GII (India Ranking)

201857th

2017

60th

2016

66th

2015

81st

Innovation is not only a driver of economic growth but

also a wellspring of solutions to pressing social matters

Growth due to New IP Policy, 2016

SportsHere add some brief

text to explain

Game timeFind out how these intellectuals be protected ?


text to explain

AnswersSee how these intellectuals can be protected

Designs Trademark CopyrightGeographical

indication

PatentsTrade SecretPlant

protectionSemiconductor layout design


text to explain

Game timeSee how these intellectuals be protected ?

Designs Trademark CopyrightGeographical

indication

PatentsTrade SecretPlant

protectionSemiconductor layout design

How can you contribute to IP?

Be

innovative

Respect

others

rights

Produce

original

work

Think

outside the

box

Improve

creative

thoughts

Buy only

original

products

Avoid

pirated

works

Stop

Counterfeiting

Plagiarism is a type of

cheating where a person

steals someone else’s idea and

uses it in his own work. It is a

gnawing issue in India’s

academia for years and even

top academicians have fallen

prey to it. The government's

move is expected to ensure

integrity in scholarly work.

PLAGIARISM

Patents For an invention to be patentable, it needs to satisfy 3 criteria:

1. It must be new, i.e. it is not something already existing in the

current knowledge anywhere in the world, i.e. not in public

domain in any form, before the filing of patent application.

(Novelty)

2. It must be non-obvious to any person who is skilled in the

relevant field of technology. That is, the standard is a person

reasonably skilled in such field of study and not a layman.

(Inventive Step)

3. Lastly, it must be capable of industrial application, i.e.

capable of being applied to practical utilities and not just

pure theory. (Industrial use)

A patent is valid within the territory of country where it is granted;

however, protection can be availed in other countries by filing

applications in relevant patent offices.

Non – patentable inventions

DISCOVERIES

& SCIENTIFIC

THEORIES

MERE DISCOVERIES

OF SUBSTANCES AS

THEY NATURALLY

OCCUR IN THE

WORLD

INVENTIONS

THAT MAY

AFFECT PUBLIC

ORDER GOOD

MORALS OR

PUBLIC HEALTHY

DIAGNOSTIC,

THERAPEUTIC

AND SURGICAL

METHODS OF

TREATMENT FOR

HUMANS OR

ANIMALS

PLANTS AND ANIMALS

OTHER THAN

MICROORGANISMS

AND ESSENTIALLY

BIOLOGICAL

PROCESSES FOR THE

PRODUCTION OF

PLANTS OR ANIMALS

4321

Need to patent your invention?

NOVEL

INVENTION

PATENT

SEARCH

PATENT

DRAFT

FILE AN

PATENT

APPLICATION

Patenting Process

1

2

3

4

5

6FILE AN

PROVISIONAL

PATENT

APPLICATION

FILE AN

COMPLETE

SPECIFICATION

WITHIN 12 MONTHS

FROM PROVISIONAL

FILING

PUBLICATIONAFTER 18 MONTHS

EXAMINATION

UNDER PROCESS

EXAMINATION

REPORT

REQUEST FOR

EXAMINATIONWITHIN 48 MONTHS

FROM DATE OF

PRIORITY

Patenting Process …

107

8

9

GRANT OF

PATENT

REPLY FOR

EXAMINATION

REPORT

CONTROLLER

HEARING

REPLY WITHIN 6

MONTHS

(EXTENDABLE BY

3 MONTHS)

MAXIMUM THREE

OFFICE ACTION

Basic Structure of Patent

01ABSTRACTCrux of the

invention

02DESCRIPTION

Brief description of the invention

03CLAIMS

Aspects to claim/monopolize

04DRAWINGSImage that best represents your invention

Application

number

E.g., 201741038723,

7117/CHE/2015, PCT/GR2004/000019

Title

Title of the invention

Filing date

Date of filing an application

Field of

invention

Invention Categorization

Classification

International Classification

Cooperative Classification

Basic Patent Terminologies

Inventor

Name of the inventor

Applicant

Name of the assignee

Application

type

Type of Application i.e. National

Phase or Indian application

Priority

Date &

Country

Date of Priority and country in

which first filing takes place

Patent

number

Granted application number

Basic Patent Terminologies …

Tools for Patent Search

Keyword

SearchClassification

Search

Number

Search

Others

E.g., Country,

date etc.

Literary including Software – Books, Essay, Compilations, Computer Programs

Artistic – Drawing, Painting, Logo, Map, Chart, Photographs, Work of Architecture

Dramatic –Screenplay, Drama

Musical – Musical Notations

Sound Recording –Compact Disc

Cinematograph Films – Visual Recording which includes sound recording

Copyright is an exclusive legal right granted to the

creators of intellectual work.

Copyrights

COPYRIGHT REGISTRATION

PROCESS

ISSUE OF DIARY No.

FILING OF

APPLICATION

30 DAYS MANDATORY

WAITING FOR

OBJECTIONS

NO OBJECTION SCRUNIZATION BY

EXAMINER

REGISTRATION

APPROVED

1 2 53 4

Trade Marks Registry Mumbai (Head Office) Delhi Kolkata Chennai Ahmedabad

Geographical Indications Registry Chennai

Designs Wing Kolkata

Kolkata (Head Office) Delhi Chennai MumbaiPatent Office

SICLDR # Delhi

Copyrights Office Delhi

IP Offices, India

Sources

1.Intellectual property India

http://www.ipindia.nic.in

2.Cell for IPR promotion and Management (CIPAM)

http://cipam.gov.in/

3.Copyright Office

http://copyright.gov.in/

4.World Intellectual Property Organisation

http://www.wipo.int/portal/en/index.html

5.Online materials from various sources

http://www.ipindia.nic.in/

http://cipam.gov.in/

http://copyright.gov.in/

http://www.wipo.int/portal/en/index.html

Thanks for your Participation

ipr cell on ip - bharathidasan university · ipr cell engage with primer on ip. technology impacts...

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