Overview of IP & IPRs

Dr. Pawan Agrawal

Assistant Librarian
Dr. APJ Abdul Kalam Government College, Silvassa
pawanagrawal4u4u@[Link]
9376135580
 Types of Property

Movable Property
➢ Car, Pen, Furniture, Cloths, Gadgets

Immovable Property
➢ Land, Building

Intellectual Property
➢ Literary / Artistic works, Inventions
What is IP?
Creation of the mind

What are IPRs?

A set of property rights
They give the owner the exclusive right to exploit the
intellectual property which is protected and to authorise
others to do so
a “property right”:
the right to prevent others from enjoying the property
the right to exploit the property by assigning or licensing

Types of IPRs
Patents, Trademarks, Copyrights, Design etc.
 Creativity (Creation of the Mind)
Creativity is the ability to
– Think / come up with new idea
– Invent something new
– Produce “works of art”
– Solve problems in new ways, or develop a new idea based
on an “original” knowledge.
– Novel or unconventional approach.
 Nature of Intellectual Property

➢ Creation of human mind (Intellect)

➢ Intangible property

➢ Exclusive rights given by statutes / Law

➢ Attended with limitations and exceptions

➢ Time-bound

➢ Territorial
 Definition of Intellectual Property

Intellectual Property shall include the rights relating to

• Literary, artistic and scientific works
• Performances of performing artists, phonograms and
broadcasts,
• Inventions in all fields of human endeavor
• Scientific inventions
• Industrial designs
• Trademarks, service marks and commercial names and
designations
• Protection against unfair competition
 Modes of Intellectual Property
Protection
❖ Copyright and Related Rights – Idea and its expression
❖ Industrial Property
• Patents
• Industrial Designs
• Trade Marks
• Geographical Indications
• Layout Designs/Topographies Integrated Circuits
• Trade Secrets
• Protection of New Plant Varieties
 IP Evolution
Property → Right

INTELLECT – PROPERTY – RIGHT

• Idea → Expression → COPYRIGHT

• Idea → Innovation → Invention → PATENT

• Idea → Quality + Identity → TRADEMARK

• Idea → Appearance → DESIGN

• Idea → Keep Confidential without Disclosure → TRADE SECRETS

What are the common IPR?
Registered IPR Unregistered IPR
 Patent  Copyright
 Trade mark  Database rights
 Registered design  Unregistered design
 Domain names  Goodwill
 Confidential
information
Software - Windows
© Copyright element: Computer software
® Brand Registration: Microsoft
TM Trade mark elements

 “Windows”

 “Windows xp”

 “Flying window”
Food & Beverages - Coca Cola®
Trade secret

 Recipe

Registered Trade mark

 Brand identity

 Logo

Bottle design

 3-D object as trade mark or registered design

Mode of IPR Enforcement in India
 Patent: The Patent Act, 1970 (Amendment, 2005)

 Copyright: The Copyright Act, 1957 (Amendment, 2003)

 Trademark: The Trademarks Act, 1999

 Registered design: The Designs Act, 2000

 Geographical Indications: The Geographical Indications of Goods (Registration

and Protection) Act, 1999

 The Semiconductor Integrated Circuits Layout-Design Act, 2000

 The Protection of Plant Varieties and Farmers’ Rights Act, 2001

 The Biological Diversity Act, 2002

 Patents, Designs and Trademarks

Ministry of Industry & Commerce

Office of the Controller

General of Patents, Designs
And Trademarks

Trade Marks
Registry Geographical Patent
Patent office ( Kolkatta, Delhi,
Designs Indications Information
( Kolkatta, Delhi, Mumbai,
(Kolkatta) Registry Service
Mumbai, Chennai) Ahmedabad ( Chennai) ( Nagpur)
Chennai)
Which one is the Best?

 Trade secret Industrial Design

 Patent IC Design
 Copyrights Trade Mark
Trade Secret
 Trade Secrets

• Some inventions, data, information cannot be protected

by any of the available means of IPRs. Such information is
held confidential as a trade secret.
• Trade secret can be an invention, idea, survey method,
manufacturing process, experiment results, chemical
formula, recipe, financial strategy, client database etc.
 Trade Secrets

When Trade Secret is preferred?

• When invention is not patentable
• Patent protection is limited to 20 years, when secret can be
kept beyond that period
• When cost of patent protection are prohibitive
• When it is difficult to reverse engineer
 Trade Secrets

• Restricting number of people having access to secret

information
• Signing confidentiality agreements with business partners and
employees
• Using protective techniques like digital data security tools and
restricting entry into area where trade secret is worked or held
• National legislations provide protection in form of injunction and
damages if secret information is illegally acquired or used.
Patent
Patent

 Disclose invention to public

 Right to exclude

 Limited period (20 years)

 Teritorial

 Issued by jurisdiction
Patent

Common Criteria’s of Patentability:

New
• Not disclosed before filing date
Inventive step
• Not obvious to a skilled person in the art at the filing date
Capable of industrial application
Not included
• Mathematical methods, scientific theories, discoveries
• Methods of doing business
• Computer programs
Patent (Biological Material)

 Patent of Micro-organisms (√)

 Patent of Animals and Plants (x)

 Patent of Plant Variety (x)

 Patent of Gene / Protein Sequence (√)

 Patent of Protein / Antibody Molecule (√)

 Patent of Biological Process (√)

Benefits of Patents

• Exclusive Right- to make, use, exercise, sell or distribute an

Invented Article or Process in India.

• Right can be shared, licensed or sold

• Right to initiate Legal Proceedings against Infringement.

• The Invention can be commercially exploited without fear of

copying, imitation or unauthorized use during Term of Patent.
Benefits of Patents
➢ Published patent specifications: An ocean of scientific Knowledge
and technological information
➢ Patented inventions - Open to public for free use after the term
expires or ceases to be in force
➢ Avoids duplication of Research and acts as a stepping Stone for
further Research.
➢ “You need not reinvent the wheel”
➢ Patents give valuable guidance for-
✓ Planning R & D
✓ Planning strategic protection for IP- assets
✓ Forging strategic alliances
✓ Identifying possible collaborators /competitors
Benefits of Patents

 Helps industry to improve existing technology to give cheaper and

better products

 Identifies emerging technologies, research areas and business

opportunities

Patent Portfolio - Measure of Company’s Success

 Tool for increasing negotiating power

 Establishes as a Pre-eminent Player in the market

 Patent - A Tool for International Trade

IP – Not Patentable

• A literary, dramatic, musical or artistic work or any other aesthetic

creation including cinematographic work and television productions
These subject-matters fall under the copy-right protection
• A mere scheme or rule or method of performing mental act or
method of playing game
Examples –
• Scheme for learning a language , Method for solving a crossword
puzzle, Method of learning a language, Method of teaching
/learning - Not patentable
• Novel apparatus for playing game or carrying out a scheme –
patentable
IP – Not Patentable

Examples –
Any manner or method of expressing
information , whether by spoken words,
Visual display, symbols ,diagrams or information recorded on a
carrier
Topography of integrated circuits.
An invention which, in effect, is the
Traditional Knowledge or an aggregation or duplication of known
properties of traditionally known component or components
IP – Not Patentable

▪ Traditional Knowledge is already in public domain, and

hence, not patentable
▪ However, any value-addition using Traditional
Knowledge leading to a new process or product,
possessing novelty, inventive step and industrial
applicability, can be patentable

 Inventions relating to atomic energy – Not patentable

Copyrights
Copyright

Literary, dramatic, Musical and Artistic Works

Validity is Life time: Life time of creator / artist + 60 years

All Other Works: 60 years from date of publication

• Posthumous, Anonymous Works
• Works of Government and Organizations
• Cinema and Sound Recording
• Photograph
• Computer software
Copyright

Recordings / Broadcastings / Audio visual works / Computer programs

Digital databases / Internet / web / Cable and Satellite T.V.

Indian Copyright Amendment Bill

Passed by Rajya Sabha on 17th May, 2012
Passed by Lok Sabha on 22nd May, 2012
Copyright

“Copyright” / “All rights reserved”

“Do not use, reprint, reproduce or distribute without prior permission”

➢ Avoid verbatim reproduction (Plagiarism) - Likely to cause Copyright

violations.
➢ Always acknowledge / obtain prior permission.
➢ Abstract / Summary may be written in one’s own language / quote
the source.

Copyright violations could lead to criminal/civil suits

Could lead to imprisonment too !
Trade Marks
Trade Marks
 Trade mark indicates origin of goods or services
 Registered
Renew every 10 years
 Passing Off
 Company names / domains
 Registration
 Difference between collective mark / certification mark
Trade Marks
• Must be graphically represented
• Must be distinctive / distinguishable
• Must not be descriptive
• Must not be deceptively similar to known /well-known marks
/Generic
 Trade Mark - Examples

 A name of an enterprise or a Mark capable of being represented graphically, distinguishing the goods or
services of one person from those of others e. g., LUX, Godrej, TVS ,Telco, 555, APPLE

 Trade Mark can be -

• sign , words, letters, numbers,

• drawings, pictures, emblem,

• colours or combination of colours,

• shape of goods,

• graphic representation or packaging or

• any combination of the above

as applied to an article or a product.

 Trade Mark

 Trade Marks are registered by national trade mark registries and are valid in that
country
 Registration is made after examination and publication
 Period of registration is for 10 years but can be renewed indefinitely
➢ Marks on goods – Color, Shape, Combination
➢ Service Marks -
➢ Certification trademark –
➢ Collective Marks –
➢ Well known marks
➢ Trade Names – e.g. Fevicol
➢ Product Jingle / Liner – e.g. Just Do It (Nike)
 Trademark

• Service Marks include banking, education, finance, insurance, real estate,

entertainment, repairs, transport, conveying news and information, advertising etc

• Certification Trade marks: Certified by the Proprietor as having characteristics like

geographical origin, ingredients, quality e.g. AGMARK, Certification mark cannot be
used as a trade mark.
Industrial Designs
 Industrial Design

 ‘Design’ means only the features of shape, configuration, pattern,

ornament or composition of lines or colours applied to any article
whether in two dimensional or three dimensional or in both forms,
by any industrial process or means, whether manual, mechanical
or chemical, separate or combined, which in the finished article
appeal to and are judged solely by the eye.

➢ Exclusive rights to the proprietor of the registered design

➢ Duration of protection is 10 years, which could be extend further 5
years
 Industrial Design

➢ Indian Designs Act, 2000 & Rule, 2001 (amended upto 2008).
➢ To promote and protect the design element of industrial
production.
➢ Aimed to enact a detailed classification of design to conform
to the international system and
➢ To take care of the proliferation of design related activities in
various fields.
 Industrial Design

➢ Ornamental or Aesthetic aspect of an article.

➢ 3-D or 2-D features such as shape or surface, patterns, lines or
color.
➢ Industrial designs are applied to products of industry and
handicraft, technical and medical instruments, watches,
jewelry, house wares, electrical appliances, luxury items,
vehicles, architectural structures, textile designs.
➢ Does not protect any technical features of the article to which it
is applied to.
Industrial Design
Geographical Indications of
Goods
 What is a Geographical Indication?

Geographical Indication is an indication which identifies goods as

agricultural goods, natural goods or manufactured goods as
originating, or manufactured in the territory of country, or a region
or locality in that territory, where a given quality, reputation or
other characteristic of such goods is essentially attributable to its
geographical origin.
 Geographical Indication Registration

 Exclusive right to use the Geographical Indication on the goods

 In India, geographical indications have to be registered

 Geographical Indications Registry examines and publishes the

application before registration

 Validity: 10 years and can be renewed indefinitely

 Example:

Kesar Keri (Mango), Bhaliya Ghav (Wheat), Patan Na Patoda

(Sari)
 Geographical Indication Registration

Name or sign used on goods originating from specific

geographical origin or location and possess qualities, reputation or
characteristics that are essentially attributable to that place of
origin.
 Geographical Indication Registration

India, as a member of the World Trade Organization (WTO), enacted the

Geographical Indications of Goods (Registration & Protection) Act, 1999
has come into force with effect from 15th September 2003.

➢ Geographical Indications of Goods

(Registration & Protection) Act, 1999

➢ Geographical Indications of Goods

(Registration & Protection) Rules, 2002

Semiconductor Integrated
Circuits Layout-Design
 Protectable Layout Designs

• Original and novel Layout-Designs of semiconductor integrated

circuits can get protection through registration
• Registration is done after examination and publication of the
application
• Registration is valid for 10 years
 Non-registrable Layout Designs

• Not original
• Has been commercially exploited anywhere in India or in a
convention country
• Not inherently distinctive
• Not inherently capable of being distinguishable from any
other registered layout-design
Plant Varieties and Farmer’s
Rights
 Protection of Plant Varieties

Registrable varieties and criteria:

➢ New Varieties
❖ Novelty, Distinctiveness, uniformity and stability
➢ Extant varieties
❖ Distinctiveness, uniformity and stability
Persons who can Register
➢ Breeders, farmers, universities, agricultural institutes
Period of protection
➢ 15 years for annual crops
➢ 18 years for trees and vines
 Farmer’s Rights

• To save, use, sow, re-sow, exchange, share or sell his farm produce
including seed in the same manner as he was entitled earlier (Seeds
for sale should not be branded)
• To full disclosure of the expected performance of the Seeds or
planting material by the plant breeder. Where these fail to perform in
the manner claimed by the breeder, the farmer may claim
compensation from the plant breeder.
 Breeder’s Rights

• Production
• Sale
• Marketing
• Distribution
• Export
• Import

However, if the breeders’ variety is essentially derived from a farmers’

variety, the breeder cannot give any authorisation without the consent
of the farmers or communities from whose varieties the protected
variety is derived.
 Researcher’s Rights

• Free and complete access to protected materials for research use in

developing new varieties of plants.
• Authorisation of the breeder is required “whose repeated use of such
variety as parental line is necessary for commercial production of
such other newly developed variety”.
Patent vs Plant Variety Protection

Patent Plant Variety Protection

• Novel • Novel

• Useful/Industrially applicable • Stable

• Non-obvious/ inventive step • Distinct

• Adequately described in the • Uniform

application • Application to be filed but not
substantive
 International Treaties

• Paris Convention for the Protection of Industrial Property 1883

• Berne Convention for the Protection of Literary and Artistic Works 1886

• International Union for New Varieties of Plants (UPOV) 1961, 1972, 1978
and 1991

• Convention on Biodiversity, 1992

• Agreement on Trade Related Aspects of Intellectual Property Rights

1994

• Internet Treaties 1996

International organisations
 International Organizations in IP
World Intellectual Property Organization (WIPO)
• UN organization dedicated to promoting the use and
protection of works of the human spirit.

• Headquarters in Geneva, Switzerland.

• 192 nations as member states.

• Manages all IPs.

• Training through Academy and Seminars

 International Organizations in IP
World Trade Organization (WTO)
• The TRIPS (Trade Related Aspects of Intellectual Property Rights) Agreement
• Established with WTO (World Trade Organization) and become effective
from 1st January, 1995. The important patent related clause are,
1. Patents shall be available for any inventions, whether products or
processes, in all fields of technology
2. Members may exclude from patentability inventions
➢ which is necessary to protect order or morality, including to protect
human, animal or plant life
➢ diagnostic, therapeutic and surgical methods for the treatment of
humans or animals
IPR Licensing and Technology
Transfer
 Licensing of an IP

• Licence is a permission granted by an IP owner to another

person to use the IP on agreed terms and conditions, while he
continues to retain ownership of the IP

• Licensing creates an income source

• It establishes a legal framework for transfer of technology to a

wider group of researchers and engineers

• Creates market presence for the technology or trademark

 Licensing Conditions of IPRs

• Owners of IP prefer to transfer technology through licensing

agreements only
• All rights or limited rights can be licensed
• Can be exclusive or non-excusive or sole (owner and licensee)
• Most such agreements provide for royalty payment and non-
transfer to a third party
• Royalties can be upfront, part upfront and part % per
production/sale
• The particular uses for IP can be used are also generally
specified.
 Profit from Licensing

• IBM revenue from patent licensing $ 1.7 billion (2002)

• Texas Instruments generated $ 3 billion in licensing in 10 years
• US and Canadian Universities generated $ 1.1 billion in royalties
(2001)
• New York University $ 109 million (2004)
• Ohio University to get $52 M. From royalties on the growth
hormone drug SOMAVERT in 5 years (2011)
• CSIR $ 150 million in milestone payments + royalty
Infringer Inventor/Creator

Lawyer
Comparative Trends of IPRs Filing and
Grant/Registered
IP 2013-14 2014-15 2015-16 2016-17 2017-18

42,951 42,763 46,904 45,444 47,854

Patents
(4,227) (5,978) (6,326) (6,326) (13,045)
8533 8327 11108 10213 11837
Designs
(7178) (7147) (7904) (8276) (10020)
Trade 2,00,005 2,10,501 2,83,060 2,78,170 2,72,974
Marks (67,876) (41,583) (65,045) (2,50,070) (3,00,913)

G.I.R. 75 (22) 47 (20) 17 (26) 32 (34) 38 (25)

Thanking
you