INTELLECTUAL PROPERTY RIGHTS
-INDIAN CONTEXT
INTELLECTUAL PROPERTY RIGHTS (IPRs)
Intangible
Tangible
Assets
Intellectual Property Rights (IPRs)
Creative ideas and expressions of the human mind
(intellect) that have commercial value.
Negative Right
Exclusive Right
Territorial Right
Licensable Right
Intellectual Property Rights
Patents
Designs
Trade Marks
GI of Sources
Copyrights
• can use, sell,
import, and
export
• renewed
periodically
1. PATENT • limit of 20 years.
Exclusive privilege given to the applicant by the Govt. for a limited period to exclude (prevent)
others from making, using or selling the invention without permission. In return to the
complete disclosure of the invention.
Ex: Bharat Biotech’s Covexin
COVAXIN - India's First Indigenous Covid-19 Vaccine | Bharat Biotech
2. DESIGNS
The features of shape,configuration,pattern or ornament or composition of lines or colour or
combination there of applied to any article, in 2D or 3D or in both forms.
• considered for registration if –
• (a) it is novel and an original innovation i.e., it has not been produced before or reproduced by anyone;
• (b) it has not been disclosed to the public anywhere in India or outside the jurisdiction of India; and
• (c) it can be easily distinguished from other known designs.
Registered:
• afforded protection for an initial period of 10 (ten) years
• extendable further period of 5 (five) years
3. TRADEMARK
Is a word, name, symbol or device, which is used in
trade with goods to indicate the source of the goods to
distinguish from the goods of the others.
Service Mark- for service
Trademarks
validity of a trademark registration:
•initial period of 10 (ten) years
•renewed for successive period of 10 years
4. GEOGRAPHICAL INDICATION (GI) OF SOURCES
Geographical indications are place names used to identify the
source of origin and quality, reputation or other characteristics
of products.
eg: Darjeeling Tea, Kanchipuram Silk Saree, Nagpur Orange etc.
GIs in INDIA
[Link]
Provides its holder the right to restrict unauthorized
copying and reproduction of an original expression
(i.e. literary work, movie, music, painting, software,
etc.)
• copyright protection shall be provided to such works for a term of 60
(sixty) years in addition to the life of the author.
• An author/ owner of the copyright work, even after assigning the work to
another person (wholly or partially), has the right to ‘claim authorship of
the work’ and the right to ‘claim damages’ with respect to any
‘distortion, mutilation or modification’ of the author’s original work, in
the event such distortion or any other act is damaging to the author’s
reputation.
6. PLANT VARIETIES
7. LAYOUT DESIGNS OF INTEGRATED CIRCUITS
[Link] SECRETS,
9. TRADITIONAL KNOWLEDGE &
BIODIVERSITY.
Role of IPRs/Patent System
Streamlining the S &T Database
Encouragement for Improvement of Technology
Providing Reward as Exclusive Rights for disclosure
Making profits or earning Royalty through putting
the Invention into Practice
Transferring into public property after expiry of
term or cessation of Patent
ADVANTAGES OF PATENT
• Avoids Duplication Of Research
• Keeps Abreast With Latest Development In Different Fields Of
Technology
• Helps Industry To Improve Existing Technology To Produce
Cheaper & Better Product
• Serves As An Indicator Of Achievements In R&D
Institutions And Ability Of Individual Researcher.
• Records the information for future reference
RIGHTS OF PATENTEE (Sec.48)
1. PRODUCT PATENT:
PREVENT OTHERS FROM MAKING, USING, OFFERING FOR SALE,
SELLING OR IMPORTING FOR THOSE PURPOSES THAT PRODUCT
IN INDIA.
2. PROCESS PATENT:
PREVENT OTHERS FROM USING, OFFERING FOR SALE, SELLING
OR IMPORTING FOR THOSE PURPOSES THE PRODUCT OBTAINED
DIRECTLY BY THAT PROCESS IN INDIA.
WHO CAN USE FREELY?
GOVT. FOR THE PURPOSE MERELY OF ITS OWN USE (SEC.47)
FOR EXPERIMENT & RESEARCH
TERM OF PATENT-
20 YEARS FROM THE DATE OF APPLICATION.
Technology Development through Patent
Off Patent (Ceased /
Term Over)
Invention not protected
Technology Development by Indian Patent Law
R&D Activity
Transfer of Technology
Distribution of Knowledge
Academia
Network of R&D Research Institutions
Resource
Industries
What to Do ?
Suggestions
Share Benefit of Patent System
Utilize Resources through Organized R&D Activities
Capture Global Market Judiciously
Earn Profit through Protected Market
IPR OFFICE AND ORGANIZATION
STRUCTURE
OPPURTUNITIES/CAREER IN
PATENT/IPR FIELD
PATENT OFFICE
EXAMINER OF PATENTS & DESIGNS
Qualifications
Mainly:
[Link] in various subjects or equivalent or
B.E/[Link] in various subjects or equivalent
Examination- Direct recruitment
PATENT AGENTS
S. 126 Qualifications
a) Citizen of India
b) 21 years age
c) Degree in Science/Engineering/Technology
&
Additionally passed the prescribed exam
IPAB/COURTS
- REVOCATION PROCEEDINGS
- INFRINGEMENT SUIT
- OTHER LEGAL PROCEEDINGS
SOURCES OF INFORMATION
1. [Link]
2. [Link]
3. [Link]
4. [Link]
Patentable subjects and protection in
biotechnology
Intellectual property deals with biotechnology
Guidelines
• field of biotechnology and allied subjects under the Patents Act,
1970.
• help the examiners and controllers of the Patent Office so as to
achieve uniformity and consistency.
• subject to revision from time to time based on interpretations
by a Court of Law, statutory amendments and valuable inputs
from the stakeholders.
PATENTING OF BIOTECHNOLOGY IN INDIA
Patents were not granted for inventions relating to
• (a) living entities of natural or artificial origin,
• (b) biological materials or other materials having replicating properties,
•(c) substances derived from such materials and
• (d) any processes for the production of living substances/entities
including nucleic acids.
Could be granted for processes of producing non-living substances by
chemical processes, bioconversion and microbiological processes using
micro-organisms or biological materials.
Ex:, claims for processes for the preparation of antibodies or proteins or
vaccines consisting of non-living substances were allowable.
Dimminaco AG v. Controller of Patents and Designs’ 2002
• landmark case that set the system of patenting of microorganisms
• “Bursitis vaccine” to protect poultry from Bursitis infection
• a new and useful art or process is an invention, and where the end
product (even if it contains living organism) is a new article, the
process leading to its manufacture is an invention.
• when the Patents Act, 1970 was amended by the Patents(Amendment)
Act, 2002
• where biochemical, biotechnological and microbiological processes were
included within the scope of chemical processes for the grant of patent
• The definition of “invention” was also changed to “any new product or
process involving an inventive step and capable of industrial application”
thereby deleting the word “manner of manufacture” as mentioned in the
earlier Act.
• The Patents Act, 1970 was amended by the Patents (Amendment) Act,
2005 paved way for the grant of product patents in any field of technology
including biotechnology
BIODIVERSITY RELATED ISSUES
• Biological Diversity Act, 2002
• provides mechanism for conservation of biological diversity, sustainable use of
its components and fair and equitable sharing of the benefits arising out of the
use of biological resources, knowledge and for matters connected therewith or
incidental thereto.
• subjected - through the approval of National Biodiversity Authority (NBA).
• No Intellectual Property Rights (IPRs), including patents based on research or
information on biological resources obtained from India shall be granted without
the approval of the NBA.
• patenting of inventions related to traditional knowledge and biological material
obtained from India, the instructions issued by the Controller General Of
Patents, Designs and Trademarks should be strictly followed.
