Intellectual Property Rights

Dr. Subhra Mukherjee

Professor
Dept. of Genetics & Plant Breeding
B C K V, Mohanpur, Nadia
 Intellectual Property Rights

Genesis of establishment of WTO (New

permanent ITO)
1st Jan 1995- Responsible for making and enforcing
rules for trade between nations.
-Replaces GATT (established since 1947)
Presently WTO is having 153 members country.
India is its founder member

Functions:
a) Trade in agriculture, goods, services and
intellectual properties.
b) Multilateral Trade Agreement (MTA)
c) General Agreement on Trade in Services (GATS)
d) Agreement on Trade Related Aspects of IPR
(TRIPS)
 TRIPS: (General view)
• International Agreement administered by the
WTO
• Introduced IP Laws into the International
Trading System
• Contains requirements that nations laws must
meet for copyright rights, GI, Industrial
designs, Patents.
• Includes three items related to Agriculture:-
a) GI
b) Patent protection of agricultural chemical
products
c) Plant Variety Protection (PVP)

PVP: Countries must provide for Plant Variety

Protection either by
(1) Patents
UPOV: International Union for the Protection of New
Plant Varieties
Intergovernmental Organisation established by IC
for PNPV
Mission: To provide and promote an effective system
of Plant Variety Protection, with the aim of
encouraging the development of new varieties of
plants, for the benefit of the society

CBD: Convention on Biological Diversity (CBD)

It was adopted at the Riode Janeiro Earth Summit, in
June 1992.
193 countries have ratified the convention.
Objectives: 1) The conservation of biological
diversity
2) Sustainable use of its component
3) Fair and equitable sharing of the benefits arising
• Convention recognizes the sovereign rights of
the states over their natural resources, their
authority to determine access to genetic
resources;
• Convention promotes in situ and ex situ
conservation of biological diversity
Seed Act, 1966:
No central Legislation on seed until 1966
• With the arrival of HYV, India realized the
need for a seed law which could create a
climate for making available of good quality
seeds to the cultivator
• Act passed by Indian Parliament in 1966
Notified in September 1968, implemented in
October 1969
Genesis
• The General Agreement on Tariffs and Trade (GATT) came into
existence in 1947
• It sought substantial reduction in tariff and other barriers to
trade and to eliminate discriminatory treatment in international
commerce.
• Uruguay Round started in 1986 but concluded on Dec.
15, 1993.
• Multilateral Trade Negotiations were signed as accord
at Marrakesh, Morroco on 15th April 1994
WTO came into existence on 1-1-1995, to:
• conduct trade and economic endeavours to raise
standards of living
• ensure full employment and a large and steadily
growth volume of real income and effective demand
• expand protection of and trade in goods and services
• attain these objectives under the principle of
sustainable development.
 World Trade Organization
• Established on 1.1.1995
• 153 members
• 97% of world trade
• Geneva Switzerland
Decision making body – (Ministerial Conference)
• General council
Trade Policy review body
Dispute settlement body
• Council for Trade in Goods
• Council for Trade in services
• Council for TRIPS
Are You Aware?

Intellectual property
is
"product of your mind"
and
belongs to you
just like your house
Mobile or car.
What are ‘Intellectual Property Rights’?

• Intellectual property rights (IPRs) can

be defined as the rights given to
people over the creation of their minds.
They usually give the creator an
exclusive right over the use of his/her
creations for a certain period of time.
Prof . D. K. De
 Introduction, History & Concept of
IPR
• Necessity.. effort of human being is directed at fulfilling some of
his need and the returns from all his endeavors are directed
towards monetary gains. Thus monetary profit is the most
important motive behind man’s relentless toil, inventiveness and
ingenuity. Quite often the motive of profit may be masked in the
grip of charity from both individuals and more so of foundations
and other organizations.

• Such basic fact has long been acknowledged by the governments

and has formulated various ways to reward the inventors to
encourage working with greater effort and devotion toward
developing newer and more useful inventions. It was in the 7th
century BC when the discoverer of a food recipe in one Greek
colony was given the exclusive right to use his recipe for one
year. The first record for law on patent, so far as record reveals
was passed in Venice in 1474 which gave monopoly rights to
artisans for their inventions. In 1623, the House of Commons of
U.K. passed the Act of Proprietorship.
 History:
• The Act of protecting the inventions was introduced in India in 1856
which was on the basis of British Patent Law of 1852.
• In 1872, the Patents and Designs Protection Act was passed. The
Protection of Invention Act was consolidated as Inventions and
Designs Act in 1888.
• The Indian patents and design was brought under management of
Controller of Patents and Designs on August 15, 1947.
• Trademark protection has been in force since June 1, 1948 under
the 1940 Act.
• Amended as Indian Trade and Merchandise Marks Act (1958) and
came in force on November 25, 1959.
• The Indian Patents Act (1970), was introduced in the parliament in
1965, later it was modified in 1967 and was passed in 1970.
• All types of designs are protected by the Protection of design is
covered by the Indian Patent and Design Act (1911). The act has
been amended in 1978.
• The copyright laws in India named as The Indian Copyright Act 1957
was amended in 1999. This Act is as per international standards.
• The international character of intellectual property is recognized in
various international conventions for the protection of such property.
• India is member of both the Berne Convention and the universal
Copyright Convention
• India has also become member of Int Con for the protection of
Indus Proper dealing with patent, designs, trademarks. TN etc.
• One more organization deals with IP is WTO established on
1/1/1995 which governs IP as a trade and is supposedly successor
to GATT
• GATT incorporates in itself an agreement titled TRIPS-
• The General Agreement on Tariffs and Trade was a free trade
agreement between 23 countries that eliminated tariffs and
increased international trade. It was the first
worldwide multilateral free trade agreement. It was in effect
from January 1, 1948 until January 1, 1995. It ended when it
was replaced by the more robust World Trade Organization
 GATT grew out of the Bretton Woods Agreement. The
summit at Bretton Woods also created the World
Bank and the International Monetary Fund to coordinate
global growth.
Under the name GATT, 23 countries signed the deal on
October 30, 1947. It was put into force on June 30,1948.
Purpose
• to eliminate harmful trade protectionism. That had sent
global trade down 65 percent during the Great Depression.
GATT restored economic health to the world after the
devastation of the depression and World War II.
• Great Depression
• GATT had three main provisions:
1. Each member must confer most favoured nation status to every other
member. All members must be treated equally when it comes to tariffs.

2. GATT prohibited restriction on the number of imports and exports.

The exceptions were:

a. When a government had a surplus of agricultural products.
b. If a country needed to protect its balance of payments because
its foreign exchange reserves were low.
c. Emerging market countries that needed to protect fledgling industries.

• In addition, countries could restrict trade for reasons of national security.

These included protecting patents, copyrights, and public morals.

3. As more developing countries joined GATT. Developed countries agreed

to eliminate tariffs on imports of developing countries to boost their
economies. It was also in the stronger countries' best interests in the long
run. It would increase the number of middle-class consumers throughout
the world.
 GATT and WTO
• The original 23 GATT members increased to more than 100
countries by 1993.

Pros
• For 47 years, GATT reduced tariffs. This boosted world trade 8
percent a year during the 1950s and 1960s. That was faster
than world economic growth.
• It was such a success that many more countries wanted to join.
By 1995, there 128 members, generating at least 80
percent of world trade.
• By increasing trade, GATT promoted world peace. In the 100
years before GATT, the number of wars was 10 times greater
than the 50 years after GATT.
• By showing how free trade works, GATT inspired other trade
agreements. It set the stage for the European Union.
• .
GATT also improved communication. It provided incentives for
countries to learn English, the language of the world's largest
consumer market. This adoption of a common language
reduced misunderstanding. English gave them insight into the
developed country's culture, marketing, and product needs.
For example, most Indians know English. It allows them to work
in call centers that support U.S. countries. It has been a major
reason for call center outsourcing.

Cons
Low tariffs destroy some domestic industries, contributing to high
unemployment in those sectors. Governments subsidized many
industries to make them more competitive on a global scale.
U.S. and EU agriculture were major examples. In the early 1970s,
the textile and clothing industries were exempted from GATT. .
• By the 1980s, the nature of world trade had changed.
GATT did not address the trade of services that allowed
them to grow beyond any one country's ability to manage
them.
• For example, financial services became globalized.
Foreign direct investment had become more important.
As a result, when U.S. investment bank Lehman Brothers
collapsed, it threatened the entire global economy.
Central banks scrambled to work together for the first
time to address the 2008 financial crisis. They were
forced to provide the liquidity for frozen credit markets.
• Like other free trade agreements, GATT reduced the
rights of a nation to rule its own people.
• Trade agreements like GATT often destabilize small, traditional
economies. Countries like the United States that subsidize
agricultural exports can put local family farmers out of
business. Unable to compete with low-cost grains, the farmers
migrate to cities looking for work, often in factories set up by
multi-national corporations. Often these factories can move to
other countries with lower-cost labour, leaving the farmers
unemployed.
 WTO
• The World Trade Organization (WTO) is the only global international
organization dealing with the rules of trade between nations. The
goal is to help producers of goods and services, exporters, and
importers conduct their business.
What is?
• There are a number of ways of looking at the World Trade
Organization.
• It is an organization for trade opening.
• a forum for governments to negotiate trade agreements.
• a place for them to settle trade disputes.
• It operates a system of trade rules.
• Essentially, the WTO is a place where member governments try to
sort out the trade problems they face with each other.
• Functions of WTO
• The WTO is run by its member governments. All major
decisions are made by the membership as a whole, either
by ministers (who usually meet at least once every two
years) or by their ambassadors or delegates (who meet
regularly in Geneva).
• .
• Overview
• The World Trade Organization — the WTO — is the
international organization whose primary purpose is
to open trade for the benefit of all.
• The WTO provides a forum for negotiating
agreements aimed at reducing obstacles to
international trade and, thus contributing to
economic growth and development. The WTO also
provides a legal and institutional framework for
the implementation and monitoring of these
agreements, as well as for settling disputes arising
from their interpretation and application. The
current body of trade agreements comprising the
WTO consists of 16 different multilateral
agreements (to which all WTO members are
parties) and two different plurilateral agreements
(to which only some WTO members are parties).
• Over the past 60 years, the WTO, which was established in
1995, and its predecessor organization the GATT have helped
to create a strong and prosperous international trading system,
thereby contributing to unprecedented global economic growth.
The WTO currently has 164 members, of which 117 are
developing countries or separate customs territories. WTO
activities are supported by a Secretariat of some 700 staff, led
by the WTO Director-General. The Secretariat is located in
Geneva, Switzerland. The three official languages of the WTO
are English, French and Spanish.

• Decisions in the WTO are generally taken by consensus of the

entire membership. The highest institutional body is
the Ministerial Conference, which meets roughly every two
years. A General Council conducts the organization's business
in the intervals between Ministerial Conferences. Both of these
bodies comprise all members. Specialised subsidiary bodies
(Councils, Committees, Sub-committees), also comprising all
members, administer and monitor the implementation by
members of the various WTO agreements.
• The WTO can ...
1 ... cut living costs and raise living standards
2 ... settle disputes and reduce trade tensions
3 ... stimulate economic growth and employment
4 ... cut the cost of doing business internationally
5 ... encourage good governance
6 ... help countries develop
7 ... give the weak a stronger voice
8 ... support the environment and health
9 ... contribute to peace and stability
10 ... be effective without hitting the headlines
Trips
• The Agreement on Trade-Related
Aspects of Intellectual Property Rights
(TRIPS) is an international legal
agreement between all the member
nations of the World Trade
Organization (WTO).
Trips

• The TRIPS agreement introduced intellectual property

law into the multilateral trading system for the first
time and remains the most comprehensive
multilateral agreement on intellectual property to
date.

• Specifically, TRIPS requires WTO members to

provide copyright rights, covering authors and other
copyright holders, as well as holders of related rights,
namely performers, sound recording producers and
broadcasting organisations; geographical indications;
industrial designs; integrated circuit layout-designs;
procedures.

•
TRIPS
• The Agreement on Trade-Related Aspects of
Intellectual Property Rights (TRIPS) sets down
minimum standards for the regulation by national
governments of many forms of intellectual property (IP)
as applied to nationals of other WTO member nations.
TRIPS was negotiated at the end of the Uruguay Round
of the General Agreement on Tariffs and Trade (GATT)
and is administered by the WTO.
TRIPS: Main features (1)
• Coverage of TRIPS
Areas of intellectual property covered:
• copyright and related rights
• trademarks including service marks;
• geographical indications including appellations of origin;
• industrial designs;
• patents including the protection of new varieties of
plants;
• the layout-designs of integrated circuits; and
• undisclosed information, including trade secrets and test
data.
 trips
• The requirements of TRIPS
• TRIPS requires member states to provide strong
protection for intellectual property rights. For example,
under TRIPS:
• Copyright terms must extend at least 50 years, unless
based on the life of the author. (Art. 12 and 14)
• Copyright must be granted automatically, and not
based upon any "formality," such as registrations, as
specified in the Berne Convention. (Art. 9)
• Computer programs must be regarded as "literary
works" under copyright law and receive the same terms
of protection.
• National exceptions to copyright (such as "fair use" in
the United States) are constrained by the Berne three-
step test
• .
• Patents must be granted for "inventions" in all
"fields of technology" provided they meet all
other patentability requirements (although
exceptions for certain public interests are
allowed (Art. 27.2 and 27.3) and must be
enforceable for at least 20 years (Art 33).
• In each state, intellectual property laws may
not offer any benefits to local citizens which
are not available to citizens of other TRIPS
signatories under the principle of national
treatment (with certain limited exceptions, Art.
3 and 5).TRIPS also has a most favoured
nation clause
Basic Facts about WIPO

WIPO’s
Mission:
To promote the protection of
IP rights
worldwide and extend the
benefits
Status: An int’l
of the international IP
intergovernmental organization
system to all
Member
member States:
States184
Observers: 250 +
Staff: 950 from 101 countries
Treaties Administered: 24
The World Intellectual Property Organization
(WIPO) is one of the 16 specialized agencies of
the United Nations. WIPO was created in 1967
“to encourage creative activity, to promote the
protection of intellectual property throughout the
world.”

History of WIPO
WIPO currently has 184 member states,
administers 24 international treaties, and is
headquartered in Geneva, Switzerland.
• History of WIPO

• WIPO currently has 184 member states,

administers 24 international treaties,
and is headquartered in Geneva,
Switzerland. The current Director-
General of WIPO is Francis Gurry, who
took office on October 1, 2008.
Amongst the many roles that
WIPO carries out to support
the worldwide promotion of
intellectual property rights, is
its role in the administration of
specific treaties and
conventions. The international
protection for trademarks,
industrial designs and
appellations of origin is carried
out through three registration
systems:
Role of World Intellectual Property Organisation (WIPO)
Strategic partnership through carefully formulated
national IP strategy commensurate with the country’s
existing development policies and objectives
Providing technical expertise and advice Support and
assistance in the implementation of national IP strategy.
The two treaties in the Madrid System
are the Madrid Agreement
concerning the International
Registration of Marks (1891) and the
Madrid Protocol relating to the
Madrid Agreement (1989).
 Basic Facts about WIPO
WIPO’s Mission
● To promote the protection of IP rights (IPRs)
worldwide and extend the benefits of the
international IP system to all member States
● Status: A specialized UN Agency
● Member States: 183
● Treaties administered: 24
Functions of WIPO -World Intellectual Property
Organisation (WIPO)
Enable a country to use its IP system in an effective
and optimal manner while ensuring that it contributes
to overall national development policies and goals
What does WIPO do?

The activities of WIPO are basically of

three kinds:
assistance to developing countries

setting international norms and standards

for the protection of intellectual property

registration activities.
Objectives of WIPO
• The objectives of WIPO are, firstly, to promote the protection
of and the respect for intellectual property throughout the
world through cooperation among States; and, where
appropriate, in collaboration with other international
organizations; secondly, to ensure administrative cooperation
among the intellectual property Unions established by the
treaties that are administered by WIPO

• To make IP speaks the language of the economic

circumstances and social context that it serves.

• To create better functional linkages between the national

economic objectives, development priorities and resources, and
the IP system of the country concerned.
 Property

Privat Tangib Intangibl

le Public
e e

Immova
Movable
ble
recurrent

Right to
Intellectual Securities
reputation

Industrial Trade
Patent Copyright
designs secret
 Intellectual Property

Industrial
Literary Property
property

Patent Trade Industrial Layout

mark design Design recurrent

Product Neighbouring
Process patent Copyright
Patent right

Performers Broadcasting
Rights Rights
Protection of Plant
Varieties & Farmers’
Rights Act 2001

The Biological
Diversity Act 2002
Property Right
INTELLECT – PROPERTY – RIGHT

Idea Expression/ creativity Copyright

Idea Innovation Invention Patent

Idea appearance design

Idea Quality + Identity/Goodwill trademark

Idea keep confidential Trade Secrets

no disclosure
Challenge
IP - Bundle of Rights

• Each property is governed by different laws

• Each property has different norms for
ownership
• Each property has different longevity (Term)
• Each property is different in scope (territorial
nature)
• Each property has different cost for
protection.
 All IPRs apply to new and
original knowledge and not to
what is already known (mainly
old knowledge).
Public domain knowledge
cannot be protected (patented)
unless modified/ improved.
Patent
• An official written document giving the holder the
sole right to sell something they have invented for a
stated number of years.
PATENT BALANCE
• Reward for inventor
• Rights to an inventor
• Encourage disclosure
• Encourage investment
[Monopoly, state approved, right to exclude (-ve right), limited
duration, territorial right, fees and other regulations]
Novelty
Utility (Usefulness, industrial applicability)
Non-obviousness (Inventiveness)
Exclusive rights to an inventor
• 1421 - Filippo Brunelleschi in Florence,
Italy
• Invented a loading crane for ships
• Patent No. 1 issued
on July 13th, 1836,
to inventor John
Ruggles for traction
wheels
Indian Patent No. 1
An efficient punkah pulling
machine
Inventor George Alfred De
Penning
Date September 2, 1856
Term 14 years
Authority The East India Company
Louis Pasteur (1873)
Pasteur effect
Improvement in the manufacture of Beer and
Yeast
Claims:
⬥ The method of obtaining pure yeast by
eliminating the organic germs of disease
from brewer’s yeast
⬥ Yeast free from organic germs of disease, as
an article of manufacture
⬥ US patent No. 141,072
Diamond Vs Chakrabarty
• Genetically engineered microorganism
(Pseudomonas with multiple plasmids for degrading
hydrocarbons) Pat. No. US 4,259,444
• Strain of P. aeruginosa (NRRL B-5472)
• Strain of P. putida (NRRL B-5473)
• Capable to absorb oil pollution in oceans or rivers
• Is this manufacture or composition of matter?
• DECISION in US Supreme Court - 5:4
• Congress intends statutory subject matter to include
“anything under the Sun made by man” is patentable
subject matter
• Diamond: Commissioner of USPTO
• Chakrabarty: Indian born microbiologist
• If a product of nature is new, useful and non-obvious, it
*
may be patented
 TRIPs
ARTICLE: 27. 1

Patents shall be made

available for any inventions,
whether products or
processes in all fields of
technology provided they are
new, involve an inventive step
and are capable of industrial
*
a) diagnostic, therapeutic and surgical
methods
for the treatment of humans or
animals
b) plants and animals other than
microorganisms, and
essentiallly biological processes for the
production of
plants or animals other than non-biological
and
microbiological processes.
Parties shall provide for the protection of
plant
*
varieties either by patents or by an
Indian Patents Act, 1970 amendment 2005
• Indian Patent law fully TRIPS compliant.
• Product patent allowed in respect of food
drugs and medicine, Agrochemicals, inter-
metallic compounds or product of chemical
reaction including biotechnological,
biochemical and microbiological origin.
• The life of patent is 20 years
• Compulsory licensing
• Rules on filing fees – on number of pages
basis
• Pre-grant and post-grant opposition
• Fast track grant of patent
• For patent filing outside – first filing of
patent in India
Non-Patentable Inventions
• frivolous, against natural laws
• injurious to public health, amoral
• discovery of
- scientific principle, abstract theory
- new property, new use of known
substance
• substances obtained by mere
admixture of existing components
• mere arrangement, rearrangement or
duplication of known devices
Non-Patentable Inventions
• Substances obtained by mere admixture
resulting only aggregation of properties
of existing components thereof or a
process for producing such substances
• Salts, esters isomers, polymorphs,
metabolites and other derivatives of
known substances shall be considered to
be same substance unless they differ
significantly in properties with regard to
efficacy.
• Mere arrangement, rearrangement or
duplication of features of known devices
each functioning independently of one
another in a known way/method of testing.
A case study – Glivec drug
• Novartis- anti cancer drug
• Challenged Indian Patents Act, 1970 as non
compliant to TRIPS
• Section 3(d) ”the mere discovery of any new
property or mere new use for a known
substance or the mere new use of a known
process, machine or apparatus unless such
known process results in a new product or
employs at least one new reactant” non
patentable
Post grant Revocation
• In May 2010, the Chennai Patent Office had revoked
Swiss firm Roche’s patent on HIV drug valganciclovir
(brand name Valcyte). Valcyte was then priced at Rs.
1,023 per tablet, while the generic competitors were
priced at Rs. 245 per tablet
• Delhi Patent Office revoked a patent granted in 2007
to US drugmaker Pfizer for sunitinib (brand name
Sutent). A drug used to treat a type of kidney cancer,
which had global sales of USS 1.19 billion in 2011.
The drug costs Rs. 4,357 per mg capsule. The
revocation follows a post-grant opposition by
Mumbai-based generic drug maker Cipla against
Pfizer’s patent on the drug
Are you aware?
A method of agriculture or horticulture - non-
patentable
Any process for medical, surgical, curative,
prophylactic or other treatment of human
beings and animals – non patentable
To make plants free from diseases or to
increase their economic value or that of their
products –patentable
An invention which in effect is traditional
knowledge – non patentable
…
• In India living plants or animals or human
beings are non patentable
• Modified animals are patentable in USA,
Japan, Korea, Hungary and South Africa
• Plant varieties can be patented in some
countries – USA; TRIPs also permit plant
patents
• In India for protection of plant varieties -
PPV&FR Act 2001 has been passed
• In India from May 2003 genetically modified
microorganisms can be patented but
inventor has to deposit the strain in
recognized depository
 CAN
OPENER
A metal can (or canister) for preserving food was
invented in 1810 by a Peter Durand, of London,
England.

To open a can, a person had to use a hammer and

chisel; the can opener wasn't invented for another
50 years.

Invented in 1858 by Ezra Warner of Waterbury,

Connecticut, USA. The device used a lever and
chisel.

Improved in 1870 by William Lyman USA. Device

used a rotating wheel and a sharp edge. The opener
only fit one size of can, and first had to pierce the
center of the can.

The modern-day type of can opener (using a

serrated wheel) was invented in 1925.
Ring pull technology
• Licensed in 90% of
world market
• 16 million cans
• 0.1 cent per can
• Rs 1 crore per day
 MYTH
• Only Complex Inventions are patentable
• Patent for safety pin was issued on
10-04-1849 to Walter Hunt (160 years
ago)

• Patent for needle of sewing machine

granted in 1854
• Age
• Youngest girl to get a patent was four-
year-old girl from Houston, Texas, for
an aid for grasping round knobs.

• Six year old boy (Robert Patch)

granted Patent for toy truck (1963)
 MYTH
• Only R & D Institutes can file patents
• Patent for dish washer issued to a
housewife Josephine Garis on 28-12-1886
• Mark Twain the famous poet got three
patents for his inventions
• An adjustable strap to tighten shirts
(1871)
• A self pasting scrap book (1873)
• A history game 1885
• First traffic signal patent issued to a son
of slave Garrett Morgan in 1923

• Publishing is more important than

Patenting
• Once published novelty is lost. File First ,
then send for publication.
 YOGA
Yoga per se cannot be patented
Till date USPTO has granted
• 134 patents on yoga
accessories
• 150 yoga related copyrights
• 2,315 yoga trademarks
Smell
• French – Lancome
• – Smell of Tresor perfume
• Dutch – Ke cofa BV
• – Female Treasure

• Smell of Tresor Work of art

• Material specially developed to produce a certain
scent is stable and work of art - Patentable
Who Can Be the Applicant ?
• The inventor
• Assignee of the inventor
✔ The natural person
✔ The legal entity (viz. company, university
etc)
• The legal representative of the
deceased applicant
Where to File-(jurisdiction)
• If the applicant/first mentioned applicant resides/
has domicile/has place of business/has origin of
invention in
States Jurisdiction
• Northern Patent office Delhi
• Southern Patent office Chennai
• Western Patent office Mumbai
• Rest of India Patent office Kolkata
• Foreign Depends on service address
selected by the applicant
Kinds of patent application
• Ordinary application
• Convention application
• Divisional application
• Patent of addition application
• PCT international application
• PCT national phase application
Documents required to file an application
(All on A4 size paper)
• Covering letter.
• A duly filled application form 1(In duplicate).
• Fees-Rs.1000/4000
• Information regarding foreign filing on form-3.
(Duplicate).
• The proof of right to apply (if the inventor is not
applicant). (Single copy).
• Fees in cash/Cheque/draft in the name of the
controller of patents.
• A specification provisional or complete, form-2 (In
duplicate).
• Declaration as to inventorship on form 5 (Duplicate).
• Abstract. (about 150 words)
• Drawings - if required. (Duplicate).
• Power of authority - if applicable. (Single copy).
 Objective of Patent
Specification

USEFUL ARTS
DISCLOSUR PUBLIC
E
PATENT
SPECIFICATIO
EXCLUSIVE N
RIGHT
INVENTO CLAIM
R S
Kinds of Specification

• Provisional specification
• Complete specification
 The Copyright Act, 1957 amended in 1983, 84,
92, 94 and 99 and The Copyright Rules, 1958.
• Musical work / Artistic work / Literary work e.g. Books,
lectures / Periodicals, plays, maps, art etc.
• Reproduction models, photographs.
• Computer software
• Engineering designs.
• Copyright protection of an original work does not
extend to any idea, procedure, process, method of
operation, concept, principle, or discovery, regardless
of the form in which it is described, explained,
illustrated, or embodied in such work.
• No renewal required.
• Valid for 60 years after authors death.
Scope of copyright
• Literary work – Tables, compilations, computer
programs, encyclopedias (expression of thought and
not the expression itself)
• Artistic work – drawings, maps, diagrams, plans,
charts, engravings, etchings
• Musical work – Any combination of melody and
harmony – printed and reduced to the written
format, or produced or reproduced graphically
• Dramatic work – recitation pieces, choreography,
mime
• Sound recording
• Choreographic films
• Computer software – relevant data, programs,
manuals, papers and printouts, together with
magnetic tapes and discs
Copyrights & Related Rights:
• IT Act 2000 – protection of computer software
• What rights does Copyright protect?
• Exclusive right to use or authorize use of works
• Reproduce
• Distribute
• Indian Copyright Act 1957 amended in 1997
• Publicly perform /communicate to public
• Make visual or sound recording
• Translation
• Adaptation
• Rental / Resale Right in computer programme,
cinematograph films and sound recordings
How is copyright regulated ?
• No Official Procedures
• Protected as soon as original work created
• Registration optional, but advisable
• Copyright registry in New Delhi
• Application in Form IV
• In triplicate
• Prescribed fee
• literary dramatic, musical and artistic work –
Rs 50/
• Sound recording –Rs 400/
• Cinematograph film –Rs 600/
How is copyright regulated ?
Term of protection
• 60 years from end of year of death of

author
• 60 years from end of year of first

publication of sound recording /

cinematograph film
• International Protection
• Berne Convention
• Universal Copyright Convention
• Phonograms Convention
• WTO / TRIPS
Fig. 14.1 Pulsed field gel gel electrophoresis.
Concept of the figure taken from Miesfeld: Applied molecular Genetics.
Copyright 1999 John Wiley and Sons. This material is used by
permission of John Wiley and Sons Inc
Copyright and the Internet
• Misconception that works on internet are in
the public domain.
• Persons offering IP products over the
internet require to take copyright owners
license.
• Complicated issues of jurisdiction and
bringing infringers before court.
• WIPO in consultation with governments
around the world are presently seeking to
address these issues concerning internet
piracy.
Trademark
• SONY, Bajaj, Intel, Nescafe
• Visual symbol, a word, a design or a
label that identifies an item with its
source
• Non-descriptive entity that stands for
quality and reliability
• Trademark should be distinctive but
not deceptive
 Coca Cola
• John Pemberton
(1830-1888) on May 8th,
1868 in Atlanta, Georgia
• French wine of coca
(French Bordeaux wine,
cocaine and caffeine
from Kola nut)
• Cocaine, sugar, citric
acid and fruit oils
(Formula is a close
guarded secret)
• Estimates of the value of some of the
world’s most famous trademarks
• Coca Cola 72 billion $
• Microsoft 70 billion $
• IBM 53 billion $
Trademark - Functions
• It identifies the product and its origin.
• It identifies its quality based on the track
record of the owner.
• It advertises the product, as the trademark
represents the product
• It creates an image of the product in the
minds of consumers and prospective
consumer of such goods
• Trademark Act 1999 – 10 years
Certification Marks
• Given for compliance with defined
standards but not confined to any
membership
• Given by Certification authority
• Woolmark – registered trade
certification mark - Denotes products are
100% new wool

AGMARK, ISI, FPO, ISO, etc.

 SERVICE MARKS
• A service mark is any word, name, symbol,
device or any combination used or intended
to be used in commerce to identify and
distinguish the services of one provider from
another and to indicate the source of the
services
• LIC, SBI, PNB, UTI, etc.
COLLECTIVE MARKS
• A collective mark is a trade or service
mark used in commerce by the
members of a cooperative, an
association or other collective group or
organization.
• INTUC, AA, etc.
Examples of trade marks
infringement
• Lakme v/s Like-me
• Colgate v/s Collegiate
• Mercedez – BENZ
• CNN (Cable News Network) v/s CNN (Cam
News Network Today) – Court restrained
from publishing, selling, marketing,
advertising any magazine or providing news
services in any format whatsoever under the
plaintiff’s trade mark CNN
A case study
• FANTA vs FACTA (The Coca Cola
Company / Dwarkadhish Khandelwal
Trading as Mewar Soda Water factory)
• Rs 5.0 lacs and costs of proceedings
• SAFAL vs SAKAL (Mother Dairy Fruit
and Vegetable Pvt Ltd/ Green Village
Agros Pvt Ltd)
• Rs 5.0 lacs and costs of proceedings
Cybersquatting cases
• Mahindra and Mahindra wins the case
against Portfolio Brains LLC of US
• [Link]
• Jennifer Lopez Vs Jeremiah Tieman
• [Link] and [Link]

• [Link]
Designs under different Classes of Goods
Design registrations
• A design is an idea or a conception
pertaining to the shape, configuration,
pattern, ornamentation or any other related
feature of an article
• Designs Act 1911 amended in 2000 –
Controller General of Patents, Designs and
Trademarks
• The Hague Agreement for international
deposit of industrial designs 1925 and
amended thereof.
• Designs are protected by registration. The
certificate of registration is for 10 years
• Designs which are functional are nor
Conditions for Design
Registration
• When it is new or original and
previously unpublished in India
• Registerable even if already known, is
applied to a new article
• A combination of previously known
designs if it produces a new visual
appeal.
Trade secrets
• Oldest practiced form of IPR
• In India no separate law for trade
secrets. Civil laws concerning
employment and general contracts,
criminal and commercial law provisions
• Mr Bob Kopras and its Company Roto Zip Tool
Corp.{1999 – disclosed confidentially a draft of
new model of Hand-held Combination Saw –
But no contract was signed}
V
• Sears {Employed a Chinese company to make a
copy of the design – against the non-disclosure
agreement}
• Jury found Sears guilty of willful and malicious
trade secret misappropriation
Trade secret - stealing
• Gary Min (Yonggang Min) – a former
chemist of Du Pont Co., - 18 months
imprisonment and fine of $30,000
• Min was accused of stealing $400
million worth of confidential Du Pont
Technology to take overseas
 IC Layout-Design

Term 10 Years from date of filing

Rights conferred

[Link] right to the use of the layout - design

and

2. Obtain relief in respect of infringement.

 Mickey Mouse Trademark

Shape -
Design

Walt Disney Company – Copyright

Mickey Mouse Cartoons – Copyright

Protected
Different types of protection
in a single Article

Coca Cola – Trade Mark

Shape of Bottle – Design

Thanda Matlab Coca Cola –

Copyright

Formula of Coke – Trade Secret

 Possible Geographical
Indications
of India
Nagpu Orange
r s
Darjeelin Tea Agr Peth
g a a
Alphons mang
o o
Chanderi saree
GI - protections
• Geographical Indications of Goods
(Registration and Protection) Act, 1999
• GI registry Office is in Chennai – Controller
General of Patents, Designs and Trademark
shall be the Registrar of GI
• The Geographical Indication Registry
• Guna Complex, Annexe 1
• First Floor, No. 443, Anna Salai
• Teynampet, Chennai – 600 018
• Sui generis” legislation of the nation
• WIPO office in Geneva
Geographical Indications
• Goods - Agricultural, natural or manufactured goods
as originating, or manufactured in the territory of a
country, region or locality in that territory where a
given quality, reputation or other characteristics of
such goods is essentially attributable to its
geographical origin and in such cases where such
goods are manufactured goods one of the activities
of either the production or of processing or
preparation of the goods concerned takes place in
such territory, region or locality, as the case may be,
• Indication: It means any name, geographical or
figurative representation or any combination of them
conveying or suggesting the geographical origin of
goods to which it belongs
• Who can apply : Any association of persons
or of producers or any organization or
authority established by or under the law
representing the interest of producers of
goods can file an application
• A properly protected GI will give protection
in domestic and international market
• Registry –Two parts
• Part A – Particulars relating to registered GI
• Part B – Particulars of registered authorized users
 Agriculture Goods
❖ Darjeeling (Word) Darjeeling (Legal)
❖ Kangra Tea Coorg Change
❖ Mysore Betel Leaf Nanjangud Banana
❖ Palakkadan Matta Rice Malabar Pepper
❖ Allahabad Surkha Tellicherry Pepper
❖ Mysore Jasmine Udupi Jasmine
❖ Hadagali Jasmine
❖ Alleppey Green Cardamom
❖ Coorg Green Cardamom
❖ Navara-The Grain of Kerala
 Manufactured and Processed Goods

❖ Pochampally Ikat Salem Fabric

❖ Chanderi Saree Muga Silk
❖ Solapur Chaddar Mysore Silk
❖ Solapur Terry Towel Kota Doria
❖ Chamba Rumal Kashmir Pashmina
❖ Kancheepuram Silk Kullu shawl
❖ Kashmir Sozani Craft Tirupati ladoos
❖ Kotpad Handloom Fabric
❖ Mysore Traditional Paintings
❖ Madhubani Paintings
 Manufactured and Processed Goods
❖ Alleppey Coir
❖ Payyannur Pavithra Ring
❖ Chnnapatna toys and dolls
❖ Screw pine crafts of Kerala
❖ Thanjavur Art Plate
❖ Mysore Sandal Soap
❖ Mysore Rosewood Inlay
❖ Aranmula Kannadi (Metal mirror)
❖ Blue Pottery of Jaipur
❖ Sikki Grass Products of Bihar
❖ Poddar Diamond (Jewellery)
❖ PISCO (Alcoholic beverage)
Protection of Plant Varieties and Farmers’ Rights Act, 2001

Researche Breeders’
rs’ right
right

Farmers’
right
 FARMERS’ RIGHTS
• Entitled for registration and other protection
who has bred or developed a new variety
• Entitled for registration if the genetic material has
been lawfully acquired
• Entitled to save, use, sow, re sow, exchange, share
or sell his farm produce including seed of a variety
• Not entitled to sell branded seed of a protected
variety
• Can claim compensation if the variety is not
performing as reported
• Protection to farmer for innocent infringement.
 Researcher’s Rights

The use of protected variety for conducting

experiments or research.
The use of a protected variety by any person
as an initial source of variety for the
purpose of creating other varieties
However authorization of the breeder is
required where repeated use of such
variety as a parental line is necessary for
commercial production of such other newly
developed variety.
 BREEDERS RIGHTS
Rights to :
Produce,
Sell, market, distribute,
Import/export seeds of the
protected variety,
• Breeders authorization for
production & commercial
exploitation of the protected variety.
 Varieties that can be protected
[Sec. 2(i), 2(j), 2(za),
• 14, varieties
Novel 15]
• Extant varieties
• Farmers’ varieties
• Essentially derived varieties
(EDV)
• Transgenic varieties
Novel = Commercially new / Plant Breeders’
Varieties
Extant = Varieties released and Notified under
the Seeds Act, 1966; also includes farmers’
varieties, and other varieties of
common knowledge
Farmers’ varieties = Varieties evolved by the
farmers’ involvement
 Novelty Distinctiveness –
Distinguishable by at
least one essential
characteristics from a
variety which is a
matter of common
knowledge

Uniformity –
Criteria for Sufficiently uniform in
its essential
Registration characteristics

Stability – Essential
characteristics remain
unchanged even after
repeated propagation
Applications filed with
PPV&FRA
• Seven applications-
• French bean -, Bhainsku
Swant, Bhura Lal Swant,
Chitkabra Lal Jhulu Swant,
Safed Swant and Safed Jhulu
Swant, Munsyari,
Pithoragarh District,
• Rice – Dhania
• Sorghum - Rampur Local
• Work is in progress on other
crops viz. Brassica, maize
and wheat.
Biological diversity
• Means the variability among living
organisms from all sources and
the ecological complexes of which
they are part and includes
diversity within species or between
species and of ecosystems
Biological resources
• Means plants, animals and micro-
organisms or parts thereof, their
genetic material and byproducts with
actual or potential use or value but
does not include human genetic
material
Patenting of Basmati Rice in
USA
• US patent No. 5663484 on Basmati
Rice lines and grains
• Granted to M/S Rice Tech. Inc., Texas,
USA on 2nd Sept 1997
• Patent had 20 claims on 3 lines (Bas
867, RT1117 and RT1121) and grains
 Challenged claims
• 15. A rice grain which has
• i. a starch index of about 27 to 35
• ii. a 2 acetyl-L-pyrroline content of about
150 ppb to about 2000 ppb.
• iii. a length of about 6.2 mm to about 8.0
mm, a width of about 1.6 mm to about 1.9
mm and a length / width ratio of about 3.5
to about 4.5.
• iv. a whole grain index of about 41 to 63.
• v. a lengthwise increase of about 75% to
about 150% when cooked and
• vi. a chalk (starch?) index of less than about
Challenged claims
• 16. The rice grain of claim 15, which
has a 2 acetyl-L-pyrroline content of
about 350 ppb to about 600 ppb.
• 17. The rice grain of claim 15, which
has a burst index of about 4 to about 1.
• The challenge was filed on 28 April
th

2001
• M/S Rice Tech surrendered claims
15-17 along with another claim which
also concerned grains
• The title of patent now modified
accordingly by excluding the words
basmati rice lines and grains and
restricted to only three lines
Revocation of Turmeric
Patent
• US Patent No 5401504 on “ Use of
Turmeric in Wound Healing” on 28th
March 1995 to University of Mississippi
Medical Center, Jackson, USA.
• CSIR Challenged the patent
• Patent was revoked on 21st April 1998
due to lack of novelty
US Patent for Turmeric
Prior Art for Turmeric
Prior Art - English
Translation
Address for Correspondence:
Email: chawlahs15@[Link]
chawlahs_pantnagar@[Link]