ipr outreach p 13042015
TRANSCRIPT
New subject?
Taj Mahal… old story
Why we bother IPR?
• Part of course curriculum• Competitive exam/interview• Job placements/interview• Entrepreneurs earning profits out of the
endeavor - Any person innovative who wish to launch their new product(s) or service(s) in the market and prohibiting others to use it commercially without their consent……royalty
• General interest or for the sake of awareness
FAQ
•What is IPR?•Origin of IPR?•Importance of IPR?•Relevancy of the IPR to you?•Process of getting IPR?•Indian IP Laws;Position in the Constitution;Strong IPR Regime….Choice or Necessity ??Need of IP regime in India;Organization structure of IP System in India;Offices of CGPDTM and its Jurisdiction;Nodal Agencies for IPR facilitation in India;Consequences of IP regime
IPR
• I ntellectual
• P roperty
• R ight
IP comes in existence by expressing ideas.e.g.: utility model (zugaad), inventions, brand marks, designs, literary items etc
Some example of Intellectual property
Property v Intellectual Property
•Inventions•Marks used in trade to differentiate your goods or services from another in market•Designs having aesthetic appeal and may be used on some goods•Literary items like book, poem musical, drama, artistic things, paintings etc•Layout designs of integrated circuits•Appellation of origin and geographical indication•Goodwill•Trade secret/undisclosed information
Protecting tangible property
Protecting intangible tangible property
Intellectual Property v Intellectual property Rights
Is there really any tussle between intellectual property protection
and competition law?
The objective of competition law –
to prohibit anti-competitive practices
the objective of both the stream is wealth maximization in any economy.
IP protection is necessary to –foster innovation choices of products in the marketinfuses efficiency in the market increases consumer welfare.
Section 3(5) Indian Competition Act, 2002
IP v IPR
What is an Invention?What is an Invention?
Sec.2(1)(J) Sec.2(1)(J)
“Invention” means a new product or process involving an inventive step andcapable of industrial application
Where invention is a process or formulation?
• TKDL
• NSDL
INTERMEDIARY LIABILITY for defamatory content
• a viral post alleging that Parle’s popular mango drink Frooti is contaminated
• no doubt that a false statement relating to the purity of Parle’s products has the potential to cause vast losses to Parle, especially as summer is a crucial sales period for soft drinks like Frooti
IPR issues in Advertising
• How many times in a day do we come across shops with images of Bollywood stars looking back at us? From the local barber’s salon to the corner juice shop- celebrities feature everywhere.
• The mere image of Sonu Nigam in a print ad for a music school is more likely to attract attention than one without it. But what if Sonu Nigam has no association to that music school whatsoever?
Does the school’s use of his image amount to violation of his Intellectual Property rights?
The photograph of Rani wearing the outfit
-- a double layered chiffon PONCHO with silk tassels teamed with black bootleg embroidered trousers -- appeared in a leading daily.
PONCHO is one of the designs exhibited in a fashion show “Fall 2003 outfits - winter 2003 collection”
PONCHO Designer Suneet Varma says, "When I woke up this morning, I was bitter (as the own design have been replicated in toto by another well-known designer). But then I called up a journalist friend to check whether they [the newspaper] had sourced the picture right. He confirmed it. I called Aki (Aki Narula, a well-known designer who costumed the outfit worn by actress Rani Mukerji for Yash Raj Films' Bunty Aur Babli), because I think he has a right clarify his stand. He was vague. He said he did not know it was my design, and that he had picked it off a store called Options [in Mumbai], because there was a sudden requirement for a poncho the next morning. He said there was no label on it; that is not possible."www.rediff.com/getahead/2005/apr/25fwsuneet.htm
Strong IPR Regime….Choice or Necessity ??
To promote innovations, scientific & industrial development;
To develop technological capability;
To generate new IP;
To protect IPRs;
To integrate IP system with international IP regimes;
To comply Indian international IP obligations (signatory of TRIPs in the Uruguay Round Agreement of 1995, member of several IP treaties)
Need of IP regime in India:
• To legislate new IP laws and the amendment;• To consider of stakeholders opinion;• To safeguard national interests;• To create IP awareness- info dissemination• To promote IPRs- by funding for filing & registration;• To facilitate IP commercialization;• To modernize IP infrastructure; • To move ahead
Laws
• Un-codified/common law
• Codified
Indian IP Laws (compliant to TRIPs):
Position in the Constitution:-
Entry 49 of the List I of Schedule VII: “Patents, inventions and designs; copyright; trade-marks and merchandise marks”;
Patent Act 1970;The Designs Act, 2000;Trademarks Act 1999;The GI Act, 1999;The Copyrights Act, 1957;The Bio-Diversity Act, 2001;The Layouts and Integrated Circuits Act, 2000;Plant Varieties Protection and Farmers Rights Act, 2001;Biological Diversity Act, 2002
Indian offices for Patent, TM, GI and PIS
Organization structure of IP System in India
MINISTRY OF COMMERCE AND INDUSTRY MINISTRY OF HUMAN RESOURSE
DEVELOPMENT
DEPT. OF INDUSTRIAL POLICY & PROMOTION
DEPT. OF EDUCATION
CONTROLLER GENERAL OF
PATENTS, DESIGNS & TRADE MARKS (CGPDTM)
COPYRIGHT OFFICE
REGISTAR OF COPYRIGHT
Organization Structure – IP Offices
Ministry of Industry & Commerce(DIPP)
Office of the ControllerGeneral of Patents, DesignsAnd Trademarks (CGPDTM)
Designs wing(Kolkatta)
Patent office( Kolkatta, Delhi,
Mumbai, Chennai)
Trade Marks Registry( Kolkatta, Delhi,
Mumbai, AhmedabadChennai)
GeographicalIndications
Registry( Chennai)
Patent Information
Service( Nagpur)
Office of CGPDTM
CGPDTM (Bombay)
PATENT OFFICE HEADOFFICECALCUTTA
PIS (NAGPUR)
PATENT OFFICE (MUMBAI)
PATENT OFFICE (CHENNAI )
PATENT OFFICE (NEW DELHI )
JURISDICTION WEST ZONE
JURISDICTION SOUTH ZONE
JURISDICTIONNORTH ZONE
TMR (BOMBAY)
TMR AHMEDABAD TMR DELHI
TMR CALCUTTA
TMR CHENNAI
GIR
Jurisdiction of offices
IP Office Building, New DelhiIP Office Building, New Delhi
IP Buildings at Kolkata,Delhi and Chennai