8/4/2019 Indian Ipr

1/35

Indian Intellectual Property Rights

8/4/2019 Indian Ipr

2/35

A Presentation

By

Anurag saraogi

8/4/2019 Indian Ipr

3/35

A NEW ERAFULL OF CHALLENGES&OPPORTUNITIES

in IPR, INNOVATION&

PATENTING

8/4/2019 Indian Ipr

4/35

INDIA / INDIANSWill overcome the ongoing

state of confusion & will move

on to the centre stage of

action on innovative research

& patenting as well as practice

of all forms of IntellectualProperty.

8/4/2019 Indian Ipr

5/35

What is wrong with Indians ?38% of doctors in USA are Indians

12% of scientists in USA are Indians

36% of NASA scientists are Indians

34% of Microsoft employees are Indians

28% of IBM employees are Indians

17% of INTEL scientists are Indians 13% of XEROX employees are Indians

8/4/2019 Indian Ipr

6/35

Wealthiest ethnic group

in USA

(3.22 millions / 1.5% of

population)

8/4/2019 Indian Ipr

7/35

CEO ofCITIBANK MCKENSEY STANCHART

Victor Menezes Rajat Gupta Rana Talwar

8/4/2019 Indian Ipr

8/35

Microsoft Testing DirectorSanjay Tejwrika

GM of Hewlett Packard

Rajiv GuptaPresident of AT&T-Bells LabsArun Netravalli

Founder & Creator of HotmailSabeer Bhatia

Third richest man on the worldAzim Premji

(Sultan of Brunei gone to 6thposition)

Creator of Pentium ChipVinod Dahm

Co-founder of Sun MicrosystemsVinod Khosla

The decimal system developed in India100BC

Sushruta is the father of surgery

2000years agoAryabhatta inventedZero

8/4/2019 Indian Ipr

9/35

Property Tangible

Intangible

Right

Idea

Expression Copyright

Trademark

Innovation

Quality / Identity

Invention

Patents

Trade Secrets

8/4/2019 Indian Ipr

10/35

PropertyRight

INTELLECT

PROPERTY

RIGHT

IdeaExpressionCopyright

Idea Innovation InventionPatent

IdeaQuality + Identity trademark

Ideaappearancedesign

Ideakeep confidential Trade Secrets

no disclosure

8/4/2019 Indian Ipr

11/35

Intellectual Property

Rights

CopyrightsTrademarks

PatentsIndustrial Designs (+ I.C. layouts)

Trade Secrets (confidentiality agreements)Geographical indications

Anti-competitive practices (in contractual licences)

8/4/2019 Indian Ipr

12/35

Respective Legislations in India

Patents - Patent Act, 1970 (+ amendments)

Design - The Design Act, 1911

Trademarks Trade & Merchandise Marks Act, 1958 + 1999

Copyrights The Copyright Act (1957 as amended from time to

time)

Layout Design of - Bills are passed

Integrated Circuits, in Parliament -

Geographical Indications, follow up in progress

Convention on Biodiversity etc.

8/4/2019 Indian Ipr

13/35

TRADEMARK

(BRANDNAME)

Design Copyright

(Packing (printed matter &

Format + manner of presentation)Style)

G.I.

PATENT Trade Secret

(novel formulation Know-how

process/combination)

Product

8/4/2019 Indian Ipr

14/35

Authorities in India

Controller General of Patents, Designs andTrademarks

under

Department of Industrial Development, Ministryof Industry

__________________________

Copyrights registration

Under

Ministry of HRD/Education

8/4/2019 Indian Ipr

15/35

International Organizations

& Treaties

GATT / WTO

WIPO

PCT BUDAPEST TREATY

STRASSBOURG

AGREEMENT (IPC)

USPTO35 USC EPO / EPC

TRIPs

PARIS

CONVENSION PLT

(TRIPS COUNCIL)

8/4/2019 Indian Ipr

16/35

GEOGRAPHICAL INDICATION

Geographical Indications of goods are defined as

that aspect of industrial property which refer to the

geographical indication referring to a country or to

a place situated therein as being the country orplace 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.

8/4/2019 Indian Ipr

17/35

GEOGRAPHICAL INDICATION

India, as a member of the World TradeOrganization (WTO), enacted the GeographicalIndications of Goods (Registration & Protection)Act, 1999 which is likely to be operationalized

soon with the notification of the Rules.

Geographical Indications of Goods

(Registration & Protection) Act, 1999

Geographical Indications of Goods(Registration & Protection) Rules, 2002

8/4/2019 Indian Ipr

18/35

GEOGRAPHICAL INDICATION

What is a Geographical Indication ?

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 othercharacteristics

8/4/2019 Indian Ipr

19/35

GEOGRAPHICAL INDICATION

Examples of possible Indian Geographical Indications

Basmati Rice

Darjeeling Tea

Kanchipuram Silk Saree

Alphanso Mango

Nagpur Orange

Kolhapuri Chappal

Bikaneri Bhujia

Agra Petha Goa Feni

8/4/2019 Indian Ipr

20/35

Geographical Indications as Certification Marks

Geographical indications can be protectedthrough a trademark system:

As certification marks or;

As collective marks.

8/4/2019 Indian Ipr

21/35

Certification Marks

A certification mark is a type of trademarkwhich indicates to consumers:

1) geographic origin of a product;

2) materials used, quality, method ofmanufacture, and accuracy; or

3) products made under the auspices of, or bymembers of, a specific trade union or

organization.

8/4/2019 Indian Ipr

22/35

Collective Marks

Indicate membership in a group ororganization.

Can also identify group members.

Proprietors of collective marks canexclude people from using the mark.

8/4/2019 Indian Ipr

23/35

WHAT CANNOT BE PATENTED IN INDIA

SECTION 3

CONTRARY TO NATURAL LAWS

CONTRARY TO MORALITY

MERE IDEA/DISCOVERY

MERE ADMIXTURE

METHOD OF TESTING ? NEW USE OF A KNOWN MATERIAL METHOD OF AGRICULTURE

PROCESS OF TREATING HUMAN BEINGS OR ANIMALS

SECTION 4 ATOMIC ENERGY

SECTION 5

SUBSTANCES USED AS FOOD, MEDICINE OR DRUG

8/4/2019 Indian Ipr

24/35

PATENTS

Indiahttp://www.patentoffice.nic.in

Patent Act, 1970

Patent Rules, 1972

Patent (1st

Amendment) 1999Patents

http://www.patentoffice.nic.in/http://www.patentoffice.nic.in/

8/4/2019 Indian Ipr

25/35

PATENTS

Patent (Amendment) 2002 Act

Patent Rules2002 (Draft)

Patent Rules 2002

(expected to be announced shortly & to

be effective from 1st April 2003)

8/4/2019 Indian Ipr

26/35

Patents (Amendment) Act, 2002Highlights

Duration of Term of Patent - Extended to 20 yearsFor all process/product

including currently valid patents

8/4/2019 Indian Ipr

27/35

Highlights (contd..)

Invention/inventive step definitions as per TRIPs

Scope widened Micro organisms

mathematical or businessmethod or computer

program with applications/

utility (except by itself)

traditional knowledge

8/4/2019 Indian Ipr

28/35

Highlights (contd)

Traditional Knowledge - Excluded (as such)

from Patentability

PCT - Provisions & Proceduresintroduced

Depository for Biological - Budapest Treaty compliance

Hi hli h ( d)

8/4/2019 Indian Ipr

29/35

Highlights (contd)

Compulsory Licence - specified and defined (withProvisions and without 3 year restriction)

includes Doha Declaration

Licence of Right - Deleted

Quantum of Royalties - open for negotiation- taking into account the

economic value of the use of

the patent

- not more than adequate

remuneration

8/4/2019 Indian Ipr

30/35

Highlights (contd)

Waxman-Hatch Type - Regulatory approval relatedprovision / working during

life of patent without

restriction allowed

Reversal of burden of - In case of process patent

proof

Parallel Imports - IncorporatedProvisions

8/4/2019 Indian Ipr

31/35

Highlights (contd)

Publication - On 18 months (DOA or DOP)

Examination - Only on request (48 months)

Appellate Board - introduced

8/4/2019 Indian Ipr

32/35

WHY PATENTS ?

- Rewards to Inventor

- Motivates / stimulates inventive

research

- Encourages maximum disclosure

to enable further research and

technology development

8/4/2019 Indian Ipr

33/35

DESIGNS

The existing legislation on industrial designs in India iscontained in the New Designs Act, 2000 and this Act willserve its purpose well in the rapid changes in technologyand international developments.

This replacement Act is also aimed to inact a more detailedclassification of design to conform to the internationalsystem and to take care of the proliferation of design

related activities in various fields.

8/4/2019 Indian Ipr

34/35

TRADEMARK

A trademark provides protection to theowner of the mark by ensuring the exclusiveright to use it to identify goods or services, orto authorize another to use it in return for

payment. The period of protection varies, buta trademark can be renewed indefinitelybeyond the time limit on payment ofadditional fees. Trademark protection isenforced by the courts, which in most systems

have the authority to block trademarkinfringement

8/4/2019 Indian Ipr

35/35

TRADEMARK

What kinds of trademarks can be registered ?

The possibilities are almost limitless. Trademarks may be one or acombination of words, letters, and numerals. They may consist ofdrawings, symbols, three-dimensional signs such as the shape andpackaging of goods, audible signs such as music or vocal sounds,fragrances, or colors used as distinguishing features.

In addition to trademarks identifying the commercial source of goods orservices, several other categories of marks exist. Collective marks areowned by an association whose members use them to identify themselveswith a level of quality and other requirements set by the association.Examples of such associations would be those representing accountants,

engineers, or architects. Certification marks are given for compliance withdefined standards, but are not confined to any membership. They may begranted to anyone who can certify that the products involved meet certainestablished standards. The internationally accepted ISO 9000 qualitystandards are an example of such widely recognized certifications.