Course: IPR and Ethics

B. Tech. Biotechnology (IV Semester)

IPR:
• Intellectual: Possessing or showing intellect or mental capacity of a high degree of an
intellectual person

• Property: Owned by a person i.e. possession of a particular owner.

• Rights: Which is due to any one by claim, legal guarantees, moral principles

The term intellectual property refers broadly to the creations of the human mind. Intellectual property
rights protect the interests of creators by giving them property rights over their creations.

The Convention Establishing the World Intellectual Property Organization (1967) gives the following list
of subject matter protected by intellectual property rights:

 literary, artistic and scientific works;

 performances of performing artists, phonograms, and broadcasts;

 inventions in all fields of human endeavor;

 scientific discoveries;

 industrial designs;

 trademarks, service marks, and commercial names and designations;

 protection against unfair competition; and

 “all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic
fields.”

Copyright:
A copyright is a form of protection given to authors or creators of original works..

• An “original” work is one that was

– independently created, and

– shows a “degree of creativity”

Copyright is a legal term describing rights given to creators for their literary and artistic works.

The kinds of works covered by copyright include:

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  literary works such as novels, poems, plays, reference works, newspapers and computer
programs;

 databases;

 films, musical compositions, and choreography;

 artistic works such as paintings, drawings, photographs and sculpture; architecture;

 advertisements, maps and technical drawings.

• Fixation: A work is “fixed in a tangible medium of expression” when it is embodied in a material

object of some kind –

 the pages of a book,

 a canvas,

 magnetic tape,

 a computer’s hard disk,

 a piano roll, . . .

copyright is a negative right

 It does not give the owner a right to do something with or to the work;

 it gives the owner a right to exclude others from doing certain things with or to the work

 Basically, a copyright entitles you as the author of the work to do the following or let others do
the following:

 Make copies of your work

 Distribute copies of your work

 Perform your work publicly

 Display your work publicly

 Make derivative works

Trademark:
A trademark is a word, phrase, symbol, or design, or a combination of these that identifies and
distinguishes the source of goods of one party from those of others.

 A trademark is a distinctive sign that identifies certain goods or services as those produced or
provided by a specific person or enterprise.

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  It may be one or a combination of words, letters, and numerals.

 They may consist of drawings, symbols, three- dimensional signs such as the shape and
packaging of goods, audible signs such as music or vocal sounds, fragrances, or colours used
as distinguishing features.

 It provides protection to the owner of the mark by ensuring the exclusive right to use it to
identify goods or services, or to authorize another to use it in return for payment.

 It helps consumers identify and purchase a product or service because its nature and quality,
indicated by its unique trademark, meets their needs.

 Registration of trademark is prima facie proof of its ownership giving statutory right to the
proprietor.

 Trademark rights may be held in perpetuity.

 The initial term of registration is for 10 years; thereafter it may be renewed from time to time.

A service mark is same as a trademark, except that it identifies and distinguishes the source of a
service, rather than a product.

Functions:

 Indicates the source of origin of goods or services

 Helps guarantee the quality of goods bearing the mark

 Creates and maintains a demand for the product

 Used as a marketing tool to build a brand

 Can have great value to a company

Geographical Indications:
• Geographical Indications (GIs) of Goods

• Aspect of industrial property

• It 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.

• Typically, such a name conveys an assurance of quality and distinctiveness which is essentially
attributable to the fact of its origin in that defined geographical locality, region or country.

eg:

• Basmati Rice

• Darjeeling Tea

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 • Kanchipuram Silk Saree

• Alphanso Mango

• Nagpur Orange

• Kolhapuri Chappal

• Bikaneri Bhujia

• Agra Petha

GI and Trademarks:
• GIs have been protected under the Trademark law in many national jurisdictions.

• Both the GIs and Trademark are source identifiers….

• Trademark - manufacturer

GI -place of production or origin

• Trademark is individual right

GIs are the community rights

Trademark can assigned as well as licensed

GI cannot be assigned, transmitted or licensed.

Industrial Design:
 From an intellectual property law perspective, an industrial design refers only to the ornamental
or aesthetic aspects of a product.

 Design right refers to a novel or original design that is accorded to the proprietor of a validly
registered design.

Although the design of a product may have technical or functional features, industrial design,
as a category of intellectual property law, refers only to the aesthetic nature of a finished
product, and is distinct from any technical or functional aspects

As a general rule, an industrial design consists of:

 three-dimensional features, such as the shape of a product,

 two-dimensional features, such as ornamentation, patterns, lines or color of a product; or

 a combination of one or more such features

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 What can be registered as a design?

 The look of the product or part of the product

 but

 Not the function or idea….

 The design must be NEW (Completely new look on the market prior to filing but could have
been shown up to 12 months before filing)

The design must be ORIGINAL(independently created by the designer and is not a copy or an
imitation of existing designs)

 The design must have INDIVIDUAL CHARACTER (has to differ in various ways from the
designs already known)

 The design can also be protected as copyright (not only as a Design)

Tradesecrets:
 It may be confidential business information that provides an enterprise a competitive edge…

 Usually these are manufacturing or industrial secrets and commercial secrets.

 These include sales methods, distribution methods, consumer profiles, advertising strategies,
lists of suppliers and clients, and manufacturing processes.

 Contrary to patents, trade secrets are protected without registration.

 IP is amalgamation of Law and Science and is a central issue in any industry as it facilitates
collaborative activities.

 India is already member of

-Paris Convention - patent Cooperation Treaty (PCT)

-Berne Convention - Convention on biological diversity

-WTO - Budapest Treaty

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 Patent:
A patent is an agreement between the government and an inventor whereby, in exchange for
the inventor's complete disclosure of the invention, the government gives the inventor the right
to exclude others from using the invention in certain ways.

What is granted is not the right to make, use, offer for sale, sell or import, but the right to stop
others from making, using, offering for sale, selling or importing the invention.

There are three types of patents:

 Utility: granted to those who invent or discover new and useful machines or processes

 Design: issued to inventors of new, original and ornamental design for an article of
manufacture

 Plant patents: given to those who invent or discover and then asexually reproduce a new plant
type

What must an inventor show to get a patent?

 The invention is novel and nonobvious

 The invention is useful

 The application describes the invention in sufficient detail to allow the public to make and use
the invention.

 In addition to the above criteria, a description of the material or tool for which a patent is
sought cannot have been published in print.

 Also, if the invention has been on sale or in use in a country for a year before the application is
filed, a patent will not be awarded to the invention.

“Infringement” of a patent occurs when a competitor makes, uses, sells, offers to sell or imports an
embodiment of the invention without the permission of the patent owner.

The typical remedies for infringement are:

 Damages

 Injunction (stop use by infringer)

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Indian Patent Scenario:
• 1911: The Indian Patents and Designs Act promulgated.

– Product patent and Process patent in all fields

• 1970s: Patents Act 1970 comes into force in 1972.

– Medicines, Food and Agro-chemicals removed from product patent (and put under
process patent).

– Term of patent -Product Patent (for items other than above) 14 years;

– Process Patent 7 years.

1995: WTO – TRIPS comes into effect

• 1999-2002: TRIPS compliant laws

– the First Amendment in the Patents Act

• 2002: Second Amendment

– India’s Patents Law brought in line with TRIPs.

– Patent term of 20 years for both product and process patents

– Medicines, Food and Agro-chemicals to continue to be under process patenting till 31

Dec 2004.

– Product patent in all other areas continues

• 1-1-2005: Ordnance passed introducing product patent in Medicines, Food and Agro-
chemicals.

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IP≈ Validity & Infringement

In ANY IP case (copyright, trademark, patent), the main questions are:

IS IT VALID?

IS IT INFRINGED?

Requirements for Patentability

– Useful: Must have some utility; achieve some objective; not against public policy

– Novel: Must be new, i.e., different from prior art

– NON-OBVIOUSNESS: Subject matter as a whole would not have been obvious at the time to
person of ordinary skill in the art

Ways to Demonstrate Invalidity

• Obviousness

• Indefiniteness

• Failing to provide an adequate Written Description

Parts of Patent:
A. Specification – detailed description of invention and background

B. Drawings – diagrams, flow charts, data (e.g. NMR, IR, etc.)

C. Claims – define various aspects of invention

Claims:

Claims define the legal effect of the patent!

- if a claim READS ON the prior art, the claim is INVALID

- if a claim READS ON an accused device, the device INFRINGES the claim

“Infringement” of a patent occurs when a competitor makes, uses, sells, offers to sell or
imports an embodiment of the invention without the permission of the patent owner.

The typical remedies for infringement are:

 Damages

 Injunction (stop use by infringer)

Claims & Elements

 Patent must contain at least one claim

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 Usually contains several claims

 Claims are numbered and clearly distinct

 Infringement of single claim is sufficient for infringement

 Need not infringe two or all claims

 Each claim usually contains several elements

 Infringement requires correspondence between each element of a claim and an

element of the allegedly infringing product or process

 In literal infringement, the correspondence is exact

 Accused device or process has element exactly matching description in a

patent claim

 In doctrine of equivalents infringement, correspondence is not exact, but elements are

“similar” and “equivalent”

 Elements in patent and accused device or process perform the same function
in the same way to achieve the same result

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 Market
• A environment where the demand and supply meets each other and the marketing occurs

• A group of people, who needs and wants products/services/experiences/information and who have
buying power to satify their needs

THE MARKETING PROCESS MODEL

Lancester-Reynolds 2004

Marketing Sales Buyer

recearch forecasting behavior

SUPPLIER CUSTOMER

Product Price Distribution Promotion Personal Segmentation

Channels Logistics selling targeting and
positioning
Information Public Relations
Advertising Sales promotion

Buyer/Customer: Public/Public Perception

MARKETING AND PRODUCT DEVELOPMENT

Market recearch - Feedback
MARKET - CUSTOMERS
Administration MARKETING Financing

PROMOTION
PRODUCT DISTRIBUTION SERVICE PRICING
Ideas Channels Logistics - Strategies
Legis- Ideageneration - Price -
lation Ideascreening defining
Concept development
Compe- Business planning Production Packing
titors and evaluation - procedures -materials
Product development - capacity -procedures
Test market - quality assurance -the needs of
Launch - raw materials customers, retails and
wholesalers,

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 MARKETING ALONGSIDE OTHER
ELEMENTS OF BUSINESS

Production

Marketing
Finance CUSTOMER Recearch and
development
Marketing
Human Resource
management

Buyer behaviour
• The acts of individuals directly involved in obtaining and using economic goods and services,
including the decision process that precede and determine these acts

• Consumer buyer behaviour - the buying behaviour of final consumers = individuals and
households who buy goods and services for personal consumption

• Consumer = most important of the marketing environment

=> the firm must know : WHAT, WHEN, HOW, WHY

the customer buyes

Decision Process
 PROBLEM / NEED RECOGNITION
 INFORMATION SEARCH
 EVALUATION OF ALTERNATIVES
 PURCHASE DECISION
 POSTPURCHASE BEHAVIOUR

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Marketing Mix
• The set of controllable tactical marketing tools

• Everything the firm can do to influence the demand of its products

Sellers view Customers view

4 Ps: 4 Cs:

> Product > Customer solution

> Price > Customer cost

> Place > Convenience

> Promotion > Communication

3 more Ps:

> People

> Process

> Phycical evidence

4 Ps
PRODUCT PRICE
Variety, Quality List price, Discounts
Design, Features Allowances, Payment
Brand name, Packaging period, Credit terms
Services TARGET
CUSTOMERS
INTENDED POSITIONING

PROMOTION PLACE
Advertising Channels, Coverage
Personal selling Assortments, Locations
Sales promotion Inventory, Transportation
Public Relations Logistics

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 The 7 – Ps – Extended Marketing Mix
 Marketing Strategy tool that expands the number of controllable variables from the four in the original
Marketing Mix Model to seven.

 People

 Process

 Phycical Evidence

 The traditional Marketing Mix model was primarily directed and useful for tangible products.

 The 7-Ps model is more useful for services industries and arguably also for knowledge-intensive
environments.

People

 All people directly or indirectly involved in the consumption of a

 service are an important part of the extended marketing mix.

 Knowledge Workers, Employees, Management and other Consumers

 often add significant value to the total product or service offering.

Process

 Procedure, mechanisms and flow of activities by which services are

 consumed (customer management processes)

Physical Evidence

 The ability and environment in which the service is delivered

 both tangible goods that help to communicate and perform the service

 and intangible experience of existing customers and the ability of the

 business to relay that customer satisfaction to potential customers.

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 NEW PRODUCT DEVELOPMENT STAGES

IDEA GENERATION
IDEA SCREENING
CONCEPT DEVELOPMENT AND TESTING
MARKETING STRATEGY
BUSINESS ANALYSIS
PRODUCT DEVELOPMENT
TEST MARKETING
COMMERCIALIZATION

ÍDEA GENERATION

*The systematic search for new-products ideas

*Internal = new-product managers, committees, departments,

venture teams

*External = customers, competitors

IDEA SCREENING

*Go or drop decisions- spot good ideas and drop poor ideas

as soon as possible

CONCEPT DEVELOPMENT AND TESTING

*Product concept = A detailed version of the new-product

idea stated in meaningful consumer terms

*Concept testing = testing a new-product concept with a group of tarket consumers to find out if the
concepts have strong consumer appeal.

MARKETING STRATEGY

*The target market; positioning, sales, market share, profit goals

*Outlines of the product; price, distribution, marketing budget

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 *Long run sales, profit goals, marketing mix strategy

PRODUCT DEVELOPMENT

*prototypes, product appraisal tests

*product refinement and modification by feedback,

> development cost increace sharply !

TEST MARKETING

*The product and marketing program are tested in more

realistic market settings –Standard, Controlled, Simulated

- Problem = competitors see your product !

- Test marketing does not quarantee succees !

COMMERCIALIZATION

*Introducing a new-product into the market –

- few new-product ideas succeed !

Source
Various articles, papers and online study material

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