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Introduction to Intellectual Property Rights and their

Economic Importance

Introduction to Intellectual Property Rights and their

Economic Importance

Presented by: Sheetal Chopra Senior Assistant Director, FICCI – IPR Division

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• Late 18th & early 19th Century – we had the Industrial Revolution

• 20th Century- could be called as the Electric & Electronics age

• Late 20th Century- we hit the IT & Biotech bandwagons which still have an unimaginable potential for transforming human life.

• 21st Century- leadership of the world will be in the hands of those who create and harness Knowledge

IP TodayIP Today

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Case Studies - Using IP for a competitive edgeCase Studies - Using IP for a competitive edge

• Maharani Paints-developed and patented an innovative and eco-friendly, Clean Technology for Recycling/Conversion of Paint sludge, a hazardous waste into user friendly primers, undercoats, Floor Coatings, Structural Primers etc; as per customer's specification and is undertaking Paint Sludge Recycling as a service as well as providing Technical Consulting and Know-how to organizations keen to adopt this technology

• Titan Industries developed Titan Edge, the slimmest commercially available watch in the world. Produced indigenously after four years of intensive research and development, the Titan Edge has a total slimness of just 3.5 mm and a wafer thin movement of 1.15 mm.

Case Studies – Using IP for Competitive Edge

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LOGOIP as a Business ToolIP as a Business Tool

• US Businesses invests about $1trillion in IP which is as much as they invest in creating tangible assets – Huge Investments

- Copyright Industry

India = 5% to GDP US = 6% to GDP Europe= 5.3% to GDP

IP as a Business Tool

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Capitalizing Intellectual PropertyCapitalizing Intellectual Property• Glenmark spent $21 million and has generated over $105 million by

out-licensing deals for prospective drug molecules.• GrandMet paid $990 million to Pillsbury brand name.• Rights to use Rolce Royce Trademark were subsequently

purchased by rival BMW for $65million.• IBM licenses patents for more than $1billion per year.• Companies donate patents to Universities and Research

Institutions. • Venture Capitalists are playing major role today in further

development and commercialization of inventions.\• Japan Patent Office is playing active role in commercialization of

Patents.

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Why Should I Protect My IP? Can I Benefit from It?

- protection to an invention for the exclusive use of it by its inventor - leverage business - legal recognition to the invention - enables its enforcement in the court of law - incentive for further development - public use - huge source of information - source for further developmental work by third party - encourage fair trading - contribute to social and economic development

Importance of protecting Intellectual Property

Classification of Intellectual Property

Intellectual Property Rights are generally classified as follows:

Invention: Patents

Letters, numbers, words, colors, phrase, sound, smell, logo, shape, picture, or combination of these: Trademark

Art, literature, music, broadcast and computer programs: Copyright

2D/3D product design: Design Registration

New plant varieties: Plant Breeder’s right

Confidential information: Trade secret

National LawsNational Laws

• The IPR regime in India is regulated through the following acts and laws:

– The Patents Act 1970 (as amended)

– The Copyright Act 1957 (as amended)

– The Trade Marks Act 1999

– The Designs Act 2001

– The Geographical Indications of Goods (Registrations and Protection) Act, 1999

– The Semiconductor Integrated circuit Layout-Design Act 2000

– The Protection of Plant Varieties and Farmers Rights Act 2001

– The Biological Diversity Act 2002

Term “IP” is Often Used But Not Understood

Term “IP” is Often Used But Not Understood

Term “IP” is Often Used But Not Understood Contd…

Term “IP” is Often Used But Not Understood Contd…

• Peter O’Meara, CEO of Perth-based Rugby Union team Western Force recently said: “We registered the name and took all the proper patent precautions in Australia, but we didn’t search New Zealand to the same extent.” Correct term: Western Force is having a trade mark issue in New Zealand. Lesson learnt: Names can not be patented.

• A radio talkback show was discussing whether intellectual property lawyer, Malcolm McBratney, who is in a legal battle with McDonalds, should be allowed to copyright the name McBrat to sponsor the Brisbane Irish Rugby Club. Correct term: McBratney applied to register a trade mark for the name. Lesson learnt: A name can not generally be protected by copyright.

• In a recent discussion on genetically engineering animals to increase muscle mass, it was reported that “The John Hopkins School of Medicine filed for a world patent”.Correct term: It is likely that the School of Medicine submitted a Patent Cooperation Treaty (PCT) application to file a single international application multiple countries.Lesson learnt: There is no such thing as a ‘world patent’

Source: http://www.ipaustralia.gov/media/pages/whatis/introducing.htm

ENFORCEMENT ISSUES

Key Challenge

Voice of Industry Can Stop this Menace

•Enforcement agencies – No

•Judiciary - No

•Legislation - No

But

Road-Map AheadRoad-Map Ahead• Design new accounting systems • Creation of a single database that has the details of

all IP owners and their respective rights • Industry to allocate funds for training programs• Create advertising strategy• Create alliances/synergies with other countries • FICCI proposed for establishing specialized cells for

immediate redressal of IP issues• Need to make the punishment deterrent

FICCI-IPR DivisionFICCI-IPR Division The Intellectual Property Division of FICCI is

intensively involved in issues pertaining to protection of Intellectual Property Rights and its effective enforcement. It has taken a lead role in raising awareness on IP at the national level as well as capacity building and training in industry, judiciary and enforcement agencies. FICCI IPR division provides a platform for continuous interactions between industry, law firms, IP consultants, IP outsourcing firms and the patent office so as to provide an interface and enable businesses to resolve IP related issues through research, global networking & advocacy. It also facilitates Government in policy making.

• Consultative Working Group

- Synergy between Industry and Patent Office

- Highlight Issues of Concern

- Enhance Transparency

- Understand IP Laws

Members: DIPP, IPO, Industry Associations,

Law firms, KPOs and LPOs

• Milestones Achieved• Abstracts of patent applications, published

after 18 months, available online • Full Text of granted patents available online • decisions of Controller's online• E-filing made more user-friendly• Incentivize users for E-filing • Streamlined pre-grant opposition procedures• Separate wing for data analysis • Interactive web based service

IPRs are valuable and they help in grooming the economic conditions of the country only if they are well protected & enforced and the World is surely moving towards it

Contact Info: sheetal.chopra@ficci.com Ph. 23766930 (Dir.), 23738760 (ext. 368, 477) Fax. 23765333