DESIGNS and IPR

R.R.Hirwani

CSIR-URDIP

What is an Industrial design?

Product’s Overall form and function

Developing product’s functional and aesthetic features

Product’s marketability, the cost of manufacturing, ease of use, transport, storage, repair and disposale

Industrial Design refers only to the ornamental or aesthetic aspects of the product

Why designs are created?

Customise products to appeal to specific market segments

Create a new niche market

Strengthen brands

Objective of Design Protection

Sometimes purchase of articles for use is influenced not only by their practical efficiency but also by their appearance

Exclusive right to prevent unauthorized copying, licensing, fair return on investment, business assets

The artisan, creator, originator of a design having aesthetic look is not deprived of his bonafide reward by others applying it to their goods.

Design means only the features of shape, configuration, pattern, ornament, or composition of lines or colours applied to any article, 2-D or 3-D, by any industrial process - Manual, mechanical or chemical – which in the finished article appeal to the eye and are judged solely by it.

Relevant to wide variety- fashion, handicrafts,medical instruments, watches, jewelry, toys,furniture, electrical appliances, cars etc.

What is Design

Design is not the article

Article: an article of manufacture and any substance wholly natural or artificial or partly so,

capable of being made and sold separately

Design is not a trademark design is integral to the article; trademark is not necessarily

so.

What is Design

A set of Articles

Ordinarily on sale or intended to be used together.

All having common design even though articles are different (same class).

Same general character.

Ex. Tea set, Pen set, Knife set etc.

Designs Excluded from Registration

Designs of industrial plans, layouts and installations

Normally, designs of artistic nature like painting, sculptures and the like which are not produced in bulk by any industrial process are excluded

Design in the inside arrangement of a box, money purse or almirah may not be considered for showing such articles in the open state, as those articles are generally put in the market in the closed state

Any mode or principle of construction or operation or any thing which is in substance a mere mechanical device

Stamps, Labels, Tokens, Cards

Design Registration

Design must be new or original

original means originating from the authors;include old designs with new applications

novelty judged on world wide basis design must not

− be contrary to public order or morality− contain scandalous/obscene matter.

IDL-6

Copyright in Regd. Designs

Term 10 years from registration Extendable by 5 years if applied for before the expiry of

the first term

Copyright in the design is a monopolyright like patent, with legal right to suefor infringement

IDL-11

Copyright in Unregistered Designs

A design, not registered under the Designs Act hasthe protection under the Copyright Act.

Such protection ceases to exist when the design article hasbeen reproduced more than 50 times by an industrialprocess.

IDL-12

Patenting the Statue of LibertyOne of the more famous design patents is that of the Statue of Liberty, patented by Auguste Bartholdi of Paris in 1879.

USPTO Definition of “Design”

Visual ornamental characteristics embodied in, or applied to, an article of manufacture

Since a design is manifested in appearance, the subject matter of a design patent application may relate to the configuration or shape of an article, to the surface ornamentation applied to an article, or to the combination of configuration and surface ornamentation.

USPTO Definition of “Design”

A design for surface ornamentation is inseparable from the article to which it is applied and cannot exist alone. It must be a definite pattern of surface ornamentation, applied to an article of manufacture.

A Guide to Filing a Design Patent Application, USPTO (2005)

Design Patent

Shape or surface ornamentation of an article of manufacture

Protects the way the article looks Application includes a drawing of the

article and a single claim in a specific form Must be ornamental, novel, nonobvious Examples: full user interface or individual

icon embodied in a computer screen; shape of a new vehicle or instrument

Term: 14 years from date of grant

Computer Icon for Display PanelU.S. Patent No. D439,912

Interesting Examples of Design Patents

Spiritual aura angel with wings appliqué Issued Nov. 8, 2005 D511,405

Spiritual aura angel with wings appliqué Issued Nov. 8, 2005 D511,405

Application filed on September 9, 2003

Definition of “appliqué”

Fabric pieces sewn on fabric:

Shaped pieces of fabric sewn on a foundation fabric to from a design or pattern

Encarta Dictionary

Support Base Issued Nov. 8, 2005D511,404

Mesh Bag Insert for Make-up Planner Nov. 8, 2005

Hair Bun Holder

Shaver

Baluster

Lamp Post

Ear Plug

Mobile Phone

Tire Ribs

Handicrafts

Bracelet

Bottle

Mug

Chair

Chappal

Comb

Came into force 1 April 2003

Single registration of a unitary right to cover EU

Low cost

Quick registration

New opportunities

Applies to any product e.g. goods, packaging, get up

Three year protection to unregistered design

European Union Design System

International Treaties

Paris Convention

TRIPS Agreement

Hague Agreement

Hague System

International Filing System with designated countries

Domestic Registration is not mandatory

Right of refusal lies with each country

Notification to WIPO – International register

Period of Protection

Varies from 10 to 25 depending upon country

Subject to timely renewal

Period of ten year at a time

Reciprocal Arrangement With UK/Convention Country

A convention country basically accordsto citizens of India the same privilegesas it accords to its own citizens inmatters of registration and protectionof IP. It is to be notified as such by theGOI.

IDL-18 Contd.

A person who has applied for protection of anydesign in the UK/a convention country, can claimthe said design shall have the same date ofregistration as the date of application in theUK/Convention Country provided that the application is made within 6 months of the application in the

other country; the proprietor of the design is not entitled to recover damages

for piracy happening prior to the actual date of registration inIndia.

IDL-19

Reciprocal Arrangement With UK/Convention Country …contd

Steps to Design Registration

Finding Prior Art (Existing Registration)

Preparing Representation of Design

Identifying the Class of Design

Providing Statement of Novelty

Including a Disclaimer (TM, Mech. Action, Words, Letters, Numericals etc.)

Claiming any Priority Date

Classification of Goods

Based on Locarno Agreement.

The classification of goods is based upon the function

Classes and subclasses

Only one class number is to be mentioned in one particular application.

Multiple applications are permitted

The Statement of Novelty

"The novelty resides in the shape and configuration of the article as illustrated."

"The novelty resides in the portion marked as 'A‘ and 'B' of the article as illustrated."

"The novelty resides in the ornamentation or surface pattern of the article as illustrated"

Example: The novelty resides in the floral ornamentation of the carpet as illustrated.

Disclaimers

No claim is made by virtue of this registration to any right to the use as a trade mark of what is shown in the representations.

No claim is made by virtue of this registration in respect of any mechanical or other action of the mechanism whatever or in respect of any mode or principle of construction of the article.

No claim is made by virtue of this registration to any right to the exclusive use of the words, letters, numerals, flags, crowns, etc. appearing in the design.

Registration Procedure

File application with the Controller ofDesigns in prescribed form with prescribedfee Necessary to indicate the class of goods to which D will

be applied; 32 classes of goods.

Registration can be in respect of any or all articles of aclass.

IDL-7 Contd.

Controller appoints examiner to checkregistrability.

Design registered after examiner’s report

Controller grants a certificate after theregistration, and enters it in the Registry ofDesign. The right is known as copyright in design

IDL-8 Contd.

Registration Procedure … contd

Designs – Cancellation After Registration

Grounds Previous registration in India

Prior publication anywhere

Design is not new/original

Design not registrable

It is not a design as defined

IDL-10

Restoration of Lapsed Design

If the design has lapsed, due to failure to apply for renewalbefore the expiry period, an application can be made for itsrestoration giving full reasons forth failure, within one year ofthe lapse. any one of the persons holding the design can apply

Controller may prescribe new provisions to protect or compensatepersons who may have begun availing of the design when it had lapsed.

Designs – Infringement

Others prohibited from using the design withoutpermission of the proprietor, or his licensee orassignee.applying a design by a person when the design

has lapsed, even temporarily, is notinfringement.

Piracy of Design

Piracy of a design means the application of a design or itsimitation to any article belonging to class of articles inwhich the design has been registered for the purpose ofsale or importation of such articles without the writtenconsent of the registered proprietor.

Publishing such articles or exposing terms for sale withknowledge of the unauthorized application of the designto them also involves Piracy of the design

Activities amounting to infringementapplying the design or any fraudulent imitation of it to any

article, in any class in which the design is registered for sale; importing for sale any article belonging to the class in which the

design is registered and applying to it the design or itsfraudulent imitation;

to publish or to expose for sale any article in any class in whichthe design is registered, knowing that the design or anyfraudulent imitation of it has been applied to the article.

Designs – Penalties for Infringement

Damages and injunction as decided by the competentCourt in a Civil suit;

Up to Rs.25,000/- recoverable as a contract debt for everycontravention, subject to a maximum of Rs.50,000/- inrespect of any one design.

Subject to proper marking of goods (except textiledesigns)

Microfibres Inc vs. Girdhar and Co.

Claim of copyright in the artistic work applied toupholstery design

No registered design however they claimed a copyright inthe drawings.

Court held that the motive of the plaintiff was artistic andthat the defendants had copied the same. However, sincemore than 50 reproduction had been made, the courtrefused to grant injunction.

Dabur India Ltd. Vs. Rajesh Kumar

Infringement of design was alleged in respect of a bottlewhich is being used by plaintiff for packing hair oil

Plaintiff’s bottle is a very common bottle used by severalother companies. There was no peculiar feature of thebottle registered as a design

The plaintiff had not pin pointed any novelty in the designof the bottle

Bottles were in use much prior to the registration of thedesign

Vikas Jain Vs. Aftab Ahmad And Ors

Infringement as well as passing off of design in ToyScooter.

There was a prior publication of the design and that hetoo was registered owner of the design

There were various dissimilarities in the prior publisheddesign and

That the design of the defendant was identical to thedesign of the plaintiff

Defendant is not protected even on account of theregistration having been obtained by him whichadmittedly is the subsequent registration

Baldev Singh vs. Shriram Footwear

Plaintiff claimed an injunction on the ground that hisdesigns of shoe soles had distinctive shape andconfiguration

The plaintiff himself had copied designs from Bata IndiaLtd.

Plaintiff himself being a pirater, no injunction can begranted in his favour.

Copyright in Registered Designs Overlap of protection given to designs under both the Designs

Act and the Copyright Act.

Design registration gives protection in the design (10+5) Years –Monopoly right

It confers on the owner a right to protect the design frompiracy (infringement) through legal action

Design capable of being registered but not registered still hasprotection under the Copyright Act.

However, if the design pertains to a commercially producedarticle, the copyright in the design under the Copyright Actceases to exist, when such article has been reproduced morethan fifty times by an industrial process by the owner of thedesign

Designs and Fashion Fashion designs may be adequately protected by copyright

law as works of applied art The short product life cycle does not justify investment in

protection Works of fashion are protected as “artistic works”

as under Section 2 (1)(c) of the Copyright Act 1957 Registration of a design helps the owner to prevent all

others from exploiting its new or original ornamental oraesthetic aspects, which may relate to a threedimensional three dimensional feature, such as the shapeof a hat, or a two-dimensional feature, such as a textileprints

Tahiliani Design Pvt.ltd. vs Rajesh Masrani

Dealt with the copying of designs that had been used onTahiliani fabric and which had been blatantly copied, feature-by-feature

Masrani contended that the work to which protection underthe Copyright Act wasbeing claimed as “artistic work” were actually designs ontextiles and came under thepurview of the Designs Act.

A copyright would not exist in any design registrable underthe Designs Act,2000

Tahiliani Design Pvt.ltd. vs Rajesh Masrani

The protection of copyright was available in view of thefact that the author/owner of the creative work wasTahiliani or his employees.

Drawings made in the course of developing garments wereartistic works

Contended that “artistic work” is distinct from “design”and remains “artistic work” per se, distinct from thegarment on which it is applied

the Copyright Act provisions were wholly inapplicable tothe case, since for copyright to cease to exist in thedesign, the same must be produced at least 50 times byan industrial process

Tahiliani Design Pvt. ltd. vs Rajesh Masrani

Tahiliani design had been reproduced not more than 20 times. Court stated that uniqueness not only in conceptualisation but

also in creation and presentation are “sine qua non of hautecouture”.

the Legislature deemed it expedient to exclude an “artisticwork” from the definition of “design” as under the scheme of theDesigns Act

Design Registration for Fashion Design registration is the primary IP protection available for

clothing designs. A design is the visual appearance of aproduct, such as a skirt with ruffles or the cut or decorativepattern of a shirt. A design registration gives designersprotection for the visual appearance of the product, not thefeel, material or function of a product.

Design registration should be sought by designers wishing tomass produce or make multiple copies of products

Fashion and Trade Mark

Designers can use trade mark law to protect not only logosand brand names, but also other distinct features of aproduct.

For example, Bettina Liano has registeredthe distinctive pocket stitching on her garments as a trademark, while British fashion house Burberry holds trademark rights in both the trade mark “Burberry” and theBurberry check pattern.

Burberry has enforced its trade marks in manyjurisdictions incl. US

Copyright & Fashion

Copyright law provides limited protection for a designer’sdesigns. Copyright does not encompass ideas, information,styles, techniques and names; it may however includeoriginal artistic works such as sketches and patterns.

This protection is limited as copyright law will not protectthe “reverse engineering” of a garment.

One-off fashion designs is OK but not mass production.

Copyright and Designs Overlap

Copyright in a paper pattern for a design; say abeachwear design, may be lost once that particular beachwear is made to that design unless the relevant design isthe subject of a registered design. In other words, unlessa clothing pattern is the subject of a registered design,third parties may be able to copy that pattern withoutinfringing the designer’s IP rights.

Patents: Artistic creations cannot be patentedInventions which control odour and body temperaturerespectively in garments have been successfully patented

Workmate(Black & Decker)Ron Hickman -built a prototype of a combined workbench and sawhorseincluding a vice

Useful as mounting stand for power tools and for DIY activities

1968 : Four patents applied in UK and approached manufacturers

All rejected offer as commercially non-viable

1970-72 : Hickman formed Mate Tools and 25,000 units sold under mailorder Development of Mark II design (Further patents applied world over)

Black & Decker took a license for whole world (Walter Goldsmith, GeneralManager)

•1973 : Design Council Award

•1981 : 10 million units sold

•1988 : Original UK Patents expire

Workmate(Black & Decker)

IP Protection(Patents, applications, designs) 230 aroundthe world excluding those held by B&D

WORKMATE protected by TM

IP Litigation

35 cases of alleged infringement throughout the world ( UK,USA , Germany , France , Japan ,South Africa, Australia)

No patenting around has been possible

Low technology product protected successfully

Workmate(Black & Decker) It's traditionally a big stationary piece of industrial equipment that

typically is kept and used in a garage, basement, or other workspace.

Asian competition was taking away profits with smaller, cheaperWorkmate clones

Redesigned Workmate-portable, on wheels, rugged, yet handsome andtailored for many types of users, not just a tool savvyworkman

Jaws out of plastic instead of the traditional wood laminate-small

metal stiffener inside each jaw

Workmate-375(Black & Decker)Can be used in living rooms, kitchen dens as well asworkrooms and garages.

From construction jobs to craftwork, the unitaccommodates any task by any type of user.

The durable wheels make it easily mobile, and it folds flatfor quick and easy storage.

Great example of out-of-house suppliers working together(DW, Camalor, B&D)

Further versions available & patenting continues withstrong enforcement and litigation support

LEGO

IP Protection in perpetuity ?

Founded: 1932• Based:Billund, Denmark• Wooden Toys• Patents filed in 50s & 60s

History

Lego Brick

Regarded as the Toy of the century

First attempted by Hilary Page of Kiddicraft

Lego worked out sophisticated design features that gavebricks improved 'clutch power'

The brick in its present form was launched in 1958.

The interlocking principle with its tubes makes it unique,and offers unlimited building possibilities.

There are actually more than 900 million different ways ofcombining six eight-stud bricks of the same colour.

Lego bricks from 1958 still interlock with those made in2009

Patents

Patent for the Lego Block

Play Set Themes

The Lego Group has released thousands of play sets themedaround a variety of topics like Harry Potter, Indiana Jones

Mindstorm – the new age of brick

The Lego NXT (Mindstorm) that can be programmed with a PC or aMac to perform very complicated and useful tasks…

Lego post patents

Last Lego brick patent expired in 1988• New competitors: Tyco Toys, Mega Bloks, Coko• Lawsuits

• 1989: vsTyco Industries - Lost• 2002: vs Coko for copyright infringement - Won• 2003: vs Biltema/Coko for product confusion - Won• 2000s: vs Mega Bloks - Lost

• Trademark still valid and under current laws 'the shape ofgoods' can be protected

Tyco Case-1989 Originated in Hong Kong & went before the Judicial Committee of the Privy

Council in the UK

Interlego AG sued Tyco for copyright infringement of its Lego bricks

Copyright protection vs design protection

Argument: Revisions made to its design drawings such that they comprisedoriginal artistic works

Court ruling:

Modifications that Interlego had made to its designs did not constitute anoriginal work, and thus were not afforded copyright protection

Although they may have involved skill, labour, and judgement, that skill,labour, and judgement lay solely in the process of copying

Mega Block Case 2000’S Lego, and its trademark owner, Kirkbi AG Corp., alleged that

Mega Bloks Inc. was trying to pass off its toy constructionblocks as a Lego product

Argument: Lego argued it has the exclusive rights to thelook of the knobs on its standard toy bricks

A court in Montreal, Canada dismissed a trademark caseinvolving Lego Canada Inc., in which the producer of thepopular building-block toys alleged that a Montreal-basedtoy company was stealing its look

Lego has lost a number of similar court against Mega Bloks inother countries

The Future

Toy specific patents rather than the bricks

Digital designs

Crowdsourcing

Computer & video games

Legoland theme parks

Duracell

Manufacturer of Batteries in UK Identified gap in the market for torches Design Brief- Well designed portable lightShort-range lightening needs in a flexible and versatile way,free standing as well as hand held, desirable as personalpossession and interesting as gift, high quality andperformance but economical in priceEnhance the sale of Duracell batteries

Duracell 'Flip-top' concept for pocket torch

Head containing the bulb was to be on the ratchet which could move from fully close to fully open position. Swivel action acts as on/off switch and bulb protected when not in use

Yellow and black colour scheme *

Won UK Design Council Award

Duracell

Swivel head in the pocket torch protected by patentsin major countries

Design features protected by design registrations Duracell is registered Trademark in all relevant

countries More than dozen torches in the range.Pocket torch still

one of the best sellers. Duracell torches led to intense competition in the

market but designs have not been copied except oncein Taiwan-poor quality (stopped by legal action).

Toblerone

Distinct shape of chocolate bars was created in 1908 Triangular form inspired by the geometric silhouette of

Matterhorn Word 'TOBLERONE' registered TM in 120 countries Shape of the TOBLERONE pack and the shape of the

chocolate inside registered in Switzerland and countriesparty to Madrid Agreement

Coca Cola

The logo has been use and unchanged since 1886. TM inmore than 160+ countries

From 1915 onwards the coke bottle has had shapesomething close to its present shape

Contour bottle design has near to worldwide trademark registration ( In US since 1960)

UK gave TM for 2D drawing of the bottle Distinctive shape gives virtual monopoly by reason of

'passing off' law in many countries

Millenium Chair (Artistic Craftsmanship)

Designed by John Makepeace Purchased by The Art Institute, Chicago Skill in blending design, craftsmanship and choice of

materials Industrial copying has rarely occurred because the form

defies it /H\ Such works get protected by copyright Design Registration, Design Right

Cutlery (David Mellor)

Meticulous attention to detail and finish make plagiarismvery difficult

Subtle manufacturing techniques in varying the thicknessof the steel from relatively heavy to very thin

Design Registration

Packaging

Lemon Juice by Reckitt & Colman (R&C) Pack has a size , shape & colour of a real lemon Words JiF embossed on to its textured surface Screw cap to enable juice to be squeezed out Attempts to copy and even sale it under trade name '

Realemon' foiled by litigation House of Lords upheld the right of R&C R&C gave licences to two similar designs larger in size and

of different appearance.

Conclusion

Most successful designs have multiple protections Design is an integral part of Innovation IP Strategy has to be an important part of Strategic Design

Management

OTHER FORMS OF IPR R HIRWANI

DEFINITION OF GI

Geographical indications are indications which identify a good as originating in the territory of a Member country, or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin.

CHARACTERISTICS OF GI:

It is an indication It originates from a definite geographical territory It is used to identify agricultural, natural or manufactured goods The manufactured goods should be produced or processed or

prepared in that territory It should have a special quality or reputation or other

characteristics

GI Vs Trademarks

Trademarks identify products from a specific manufacturer

Trademarks imply human creativity

GI’s do not identify a manufacturer (or producer), rather the product’s place of origin.

GI’s, on the other hand, are linked to climate, soil and other factors that are largely independent of human ingenuity

GI Vs Trademarks Contd..

Trademarks can be used by only one entity.

GI’s apply to all producers in a country, region or locality

95

Examples of GI Registered in India

GI Name Category Country / Region

Banaras Brocades and Sarees Handicraft Uttar Pradesh

Tirupathi Laddu Foodstuff Andhra Pradesh

Feni Manufactured Goa

Kashmir Pashmina Handicraft Jammu & Kashmir

Maddalam of Palakkad Handicraft Kerala

Mysore Jasmine Agricultural Karnataka

Udupi Jasmine Agricultural Karnataka

Hadagali Jasmine Agricultural Karnataka

Thanjavur Paintings Handicraft Tamil Nadu

Darjeeling Tea (word & logo) Agricultural West Bengal

Biotechnology

• It is any technological application that uses biological systems, living organisms, or derivatives thereof, to make or modify products or processes for specific use

• Results in commercially useful products

• Has an impact on major areas

- Production of Food, drugs, antibiotics, industrial products and Ecology ( Green products,waste treatment)

• Can offer enormous benefits to mankind

HISTORY•8000BC : Seeds/plant parts for replanting, breeding•6000BC : Beer, wine, bread with the help of yeast•4000BC : Yoghurt & cheese with lactic acid bacteria•1800 : Nikolai did research on animal breeding•1880 : Microorganisms discovered•1856 : Mendel started recombinant plant genetics

•1919 : Karl Ereky first used the word Biotechnology•1975 : Kohler and Milstein invented hybridoma technology•1980 : Recombinant DNA Technology (production of insulin)•1992 : FDA approves first GM food from Calgene

•2000 : Human Genome Project

History•Classical Biotechnology

–Over 200 years old

–Production of ethanol

–Production of acetic acid

•Modern Biotechnology–Began in 50s

–Recombinant technology

–Hybridoma technology

–Genetic engineering and transgenics

Patents and Biotechnology

•Patent protection is not new

•Louis Pasteur Patent (1837)

•Patent law and practice have difficulty in keeping up with rapid scientific progress

• As Level of Ordinary Skill in Technology Increases, so does the obviousness of advances

•Some argue products of biotechnology cannot bepatented as they are natural products

•In US, patent office refused claims related to living systems ( Oil eating bacteria)

Landmark Case

• Diamond Vs. Chakraborty case (1980) –

ANY LIFE FORM IS PATENTABLE (HUMAN TECHNICAL INTERVENTION)

Patents and Biotechnology (contd…)

•Not patentable–When in natural state

»Any naturally occurring microorgansim, plant or animal»Human beings and elements of human body»Nucleotide sequences

•Patentable–When isolated from natural environment–Produced by means of a technical process

»Genetically altered microorganism»Nucleotide sequence isolated and a variation is brought into it

Patents and Biotechnology (contd…)

Patent legislation prohibits protection of inventions in the following fields:

•Processes for the reproductive cloning of human beings

•Processes for modifying the germ line genetic identity of human beings (in other words, processes which could enable genetic modifications to be passed on by parents to their children)

Patents and Biotechnology (contd…)

•Use of human embryos for industrial or commercial purposes

•Processes for modifying the genetic identity of animals which are likely to cause them suffering without any substantial medical benefit (in terms of research, prevention, diagnosis)

What can be patented?

Microorganisms

Gene

Genome

Plasmid

Expressed sequence tag Recombinant DNA Monoclonal Antibodies Gene Therapy Cell Therapy

Myriad Genetics

A patent was granted on the BRCA1 gene associated with breast cancer in 1993. Since that time, tens of further patent applications on important inventions, including genetic tests related to the BRCA1 gene, have been filed by individuals in universities and companies

Supreme Court reversed the decision –human genes can not be patented but

complementary DNA, or cDNA, which is synthetically created from gene material, is patentable

106

Plant Breeders' Rights

Also called Plant Variety and Farmers Rights Act, 2001.

Exclusivity granted to breeder of a new plant variety

All propagating material and harvested material protected

Variety must be new, distinct, uniform and stable

Some overlap with patent rights

Cause for litigation

Requirements

Applicants must declare that

(a) The Variety of which protection is sought does not contain any gene or gene sequence involving terminator technology

(b) The genetic material or parental material acquired for breeding,evolving or developing the variety has been lawfully acquired

Farmer’s variety

A variety which- has been traditionally cultivated and evolved by the farmers in

their fields; or

is a wild relative or land race of a variety about which the farmers posses the common knowledge

109

Semiconductor Layouts

Also called Mask Work

Derives its name from the technique of masking to produce layers in an IC chip

Sui generis right

Like a copyright for a chip layout

Original designs that are not staple, commonplace, or familiar in the semiconductor industry, eligible for protection

10 year term

110

Standards Shared technology specification

Mutually beneficial to service providers and end users

Not a separate type of IP right

Can contain various forms of IP rights

Often overlooked/ not understood

Valuable asset to company

Patent pools

MPEG-LA

Some issues: Many standards per product, cumulative royalties, price erosion, etc.

Process Vs Product Patent

A+B B+C

C+D B+D

A+B

X – Producta, b, c, d, e - ProcessesA,B,C,D – Raw materials

X

ab

cd

e