Intellectual Property

Rights
(VPB-321)
Animal Biotechnology

Anil Gattani
 BASIC FEATURES OF IPRs
DUS
(Distinctiveness
Uniformity &
stability)

NON PLANT
FUNCTIONAL
PROPERTY VARIETY
Industrial
PATEN NOVELTY
Design
T

REPUTATION Geographic IP
DUE TO al COPYRIGH
ORIGIN ORIGINALITY
Indication T (creative work)

Trade
Trademar
Secrets
k
DISTINCTIVENE
UNLAWFUL SS (indicate
ACCESS trade origin)
 Effective from:-
2 October 2006

Soft copy available at :-

[Link]
 For an invention
A PATENT
IS A By the Government
To the inventor or his/her
MONOPOL assignee
Y RIGHT For a limited period
GRANTED Valid within the country of
grant
Difference Between Discovery &
Invention
Discovery is An invention is
coming across the something which
things that are has been created
already there by someone

*Watson & Crick *Thomas Edison

discovered DNA invented the light
chain bulb
WHAT CAN BE PATENTED ?
 ALL PROCESSES & PRODUCTS WHICH ARE
 NEW
 INVOLVING INVENTIVE STEP
 CAPABLE OF INDUSTRIAL APPLICATION &
 NOT BARRED BY SEC 3 & 4 OF THE PATENTS ACT

PRODUCT MEANS
1. APPARATUS
2. DEVICES
3. MACHINES
4. CHEMICAL PRODUCTS
5. DRUG/ FOOD & THEIR COMPOSITIONS
6. CHEMICAL COMPOSITIONS
7. BIOLOGICAL PRODUCTS
What is not Patentable
 Frivolous, Contrary To Natural Laws
 Contrary To Public Order Or Morality, Prejudice To Human, Animal Or Plant Life Or
Health Or To The Environment;
 Mere Discovery Of Scientific Principle, Abstract Theory, Living Thing Or Non- living
Substances
 Mere Discovery Of New Form, New Property, New Use Of A Known Process, Machine
Or Apparatus (EFFICACY)
 Mere Admixture (SYNERGY)
 Mere Arrangement, Re-arrangement, Duplication of known devices.
 Omitted (Testing Methods)
 Method Of Agriculture Or Horticulture
 Method Of Treatment.
 Plants, Animals, Including Seeds Varieties, Species, Biological Processes.
Exception: Microorganisms
 Traditional Knowledge
 Literary, Dramatic, Musical Or Artistic Work, Other Aesthetic Work
 Patentabilty requirements

 Novelty: New characteristics

 Inventive step: Non-obviousness, knowledge being not obvious to one
skilled in the field
 Usefulness/Industrial applicability- invention susceptible to industrial
application
 “Novel or New”
SHOULD NOT BE

I. PUBLISHED IN INDIA OR ELSEWHERE

II. IN PRIOR PUBLIC KNOWLEDGE OR PRIOR PUBLIC USE

III. CLAIMED BEFORE IN ANY SPECIFICATION IN INDIA

INVENTIVE STEP

“Inventive step” means a feature of an invention that involves

technical advance as compared to the existing knowledge or having
economic significance or both and that makes the invention not
obvious to a person skilled in the art;
INDUSTRIAL APPLICATION
INVENTION IS

CAPABLE OF BEING MADE OR

CAPABLE OF BEING USED IN

AN INDUSTRY
 Lifecycle of a patent

Filing of Publication Search and

Formal Grant and
patent of Substantive
application
Examination Application Examination
Publication
Procedure for Registration of
Patent
Trade Mark

 A trade mark is any design that can distinguish the goods of one
trader from those of another.
 It includes words, logos, pictures, or combination of these.
 A trademark is used as a marketing tool for product positioning.
 The consumer will rely on the labels attached to the product with
certain expectation of the quality of said product.
 Term: 10 years
 To register a trade mark the mark must be distinctive and not
contrary to law or morality and not identical to the earlier mark for
the same or similar goods

 The notion ® may be used for the trademark only if it is federally

registered.

 In pharmaceutical arena, trade names for certain drug may be

registered as a trademark
What Can be a Trademark
A trademark can comprise a name, word, phrase, logo, symbol, design,
image, or a combination of these elements & It should be

ORIGINAL

Examples: PRESTIGE, HAWKINS, MAHARAJA

Essential Trademark which
features of a are not registerable
• It must be a mark, • Mark that contain
trademark
heading,
brand, name, comprises
or of any matter
label,
signatureor numerical likely
to hurt the
of
shape goods, susceptabilities of any
religious
combination of
packaging,or section
class or of the citizens
• these.
It must be capable of of India.
being • Mark that comprises
• represented
It must graphically.
be capable scandalous
of or obscene
distinguishingthe of • matter.
Mark which has nature as
goods of one person or
services to deceive the public or
from those of others. cause confusion.
• The use must be of a • Mark prohibited under
printed or other visual Emblems
the and Name Act,
representation of the 1950
mark.
Location of Trademark Registry
Offices
Delhi
Mumbai
Kolkata
Chennai
Ahmedabad
Well known Trademarks

Coca Cola for soft drink

IBM for computer/ software

Trade names

Furniture, Refrigerators,
Storewell, Compactor etc.

Electric items (bulbs,

trimmers, sound system etc)
Logo of some well known brands

Logo of iodized salt of

Hindustan Lever

Logo of Volkswagen

Logo of Washing Powder of

Hindustan Lever
Service mark examples
Designs
Design refers to the 2- or 3- dimensional drawing
delineating features of
 Shape
 Configuration
 Pattern
 Ornamentation
 Compositions of lines or colors

Applied to any article in 2-d or 3-d or in both

 forms, and are judged solely by the eye ( shape or
surface , patterns, lines or color).

Applied to an article for its manufacturer

Criteria of Design Registration

Novelty: Novelty is judged solely by eye

w.r.t. external appearance of the finished
Article

Absolute Novelty– i.e. Not publicly known

or use in India or elsewhere
Term of Design Registration

Term of design registration maximum 15 years subject to renewal

every five years

No question of re-registering the registered design >15 years

Classes of goods for design registration- 14 years

Example of Design

Play Station

Designers chair
 PATENT TRADEMARK
Auto-Focus Mechanism Brand Name
Subject Matter of Patent Subject Matter of
Trademark

DESIGNS
External Appearance of Camera
Subject Matter of Design.
Geographical Indication

A geographical indication is a name or sign used on certain products,

which corresponds to a specific geographical location or origin (eg. a
town, region, or country).

The use of a GI may act as a certification that the product possesses

certain qualities, or enjoys a certain reputation, due to its
geographical origin.
Who Owns the GI ?

The whole community, which belongs to that

particular region owns the GI
- Property of the community, unlike trademark which is a traders
property
- To exclude unauthorized persons from misusing GI
- Quality and reputation owing to a place of origin
Term of GI
Registration of a geographical indication
remains valid for a period of 10 years
Not granted to individuals
It’s a national property (Association, Authority,
Organization)
e.g. Tea Board, Coffee Board, Spice Board
It can be renewed from time to time for
further period of 10 years each
Indian GI
Bihar GI