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Intellectual property rights

Intellectual Property Right (IPR) is a right given over a creation of

the mind and to exclusively exploit it for a certain period of time.

Intellectual property, often known as IP, allows people to own their creativity and innovation in the same way that they can own physical

property.

The owner of IP can control and be rewarded for its use.

This encourages further innovation and creativity to the benefit of everyone.


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History of Intellectual property Rights

Prior to General Agreement on Tariffs and Trade (GATT), intellectual

property rights were not subject to formal international trade negotiations.

Rather, intellectual properties were subject only to internationalconventions like Berne and Rome conventions concerning Copyrights.

The agreement on TRIPS (Trade Related Intellectual Property Rights) wasnegotiated with other international trade agreements during the URUGUAYround trade organizations of the GATT from 1986 to1994.

The TRIPS agreement sets minimum standards in the field of IntellectualProperty protection that all WTO member countries have to respect.

To achieve this goal, WTO members have to modify their Intellectual

Property laws to make them consistent with the new WTO standards.


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The TRIPS agreement states that all patents shall be available for atleast 20 years from filing date, where as before the TRIPS agreementthe patent term varied greatly among the countries (7, 10, 17 or 20

years).

All WTO member countries have to incorporate this 20 years patentterm in their patent


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world trade organization (WTO)

world trade organization (WTO) was established on 1-1-1995Structure of WTO: There shall be a ministerial conferencecomposed of representatives of all the members ,which shall meetat least once every two years.

The ministerial conference shall carry out the functions of the WTO,and take actions necessary to this effect. The ministerial conferenceshall have authority to take decision on all maters under any of themultilateral trade agreements .

There shall be a general council composed of representatives of allthe members which shall meet as appropriate. In the intervalsbetween meetings of the ministerial conference ,its function shall beconducted by the general council.


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world trade organization functions 1. The WTO shall provide the common institutional framework for theconduct of trade relations among its members in maters related to theagreements and associated legal instruments .2. The WTO shall facilitate the implementation ,admin istration and

operation of the multilateral trade agreements .3. The WTO shall provide the forum for the negotiations among itsmembers concerning their multilateral trade agreements and aframework for the implementation of the results of such negotiations, asmay be decided by the ministerial conference .

4.with a view to achieving greater coherence in global economicpolicy making , the WTO shall cooperate as appropriate withinternational monetary fund and with international bank for reconstruction and deelopement of its affiliated agencies.


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General Agreement on Tariffs and Trade (GATT)

The committee constituted by the General Agreement on Tariffis andtrade under the chairmanship of Mr. Arthur Dunkkel , came out with a

draft report Dunkel Draft after deliberations amongst member countries of GATT for more than five years.

The draft was finally approved by participating countries which

ultimately, culminated in establishment of world trade organizations(WTO) on 1-1-1995, the international agency to act as watch dog for implementations of policies of TRIPS (Trade Related IntellectualProperty Rights) and TRIM (Trade Related Investment Measures)


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TRIPS is the first WTO agreement to lay-down domestic enforcementprovisions.

The Trade Related Intellectual Property Rights System (TRIPS) agreementis the most important development in international intellectual property lawbecause it was made as an annex to the WTO agreement bringingintellectual property under the rubric of the trade for the first time.

The new patent regime pertaining to intellectual property has come intoforce from 1-1-1995 and india with some other countries,whose intellectualproperty legislations were not in agreement with provisons of TRIPS of WTO were given grace period of 10 years for implementation (up to

1/1/2005) .


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Developed Countries 1/1/1995.

Developing Countries 1/1/2000. in case patent protection notavailable to an area of technology, up to 1/1/2005 (india).

To comply with the requirements of WTO, first amendment to the Actwas effected in 1999, followed by another in 2003 .

Finally, the Govt. of India promugalated the patent (Amendment)ordinace which came into force w.e.f 1 st January, 2005. The patentrule 2003 were also modified appropriately which also came into forcefrom 2005.

Transition periods


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Types of patents

Patent: Patent is a monopoly right given to a invention or innovation or creativity.

Process patent: Nobody has right to prepare products in thatparticular process except patentee . 1970 --- 31/12/2004

Product patent: Nobody has right to prepare that particular productexcept patentee. 1/1/2005 --- till date


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Intellectual property Rights Indian Scenario

Before entactment of Indian Patent Act , 1970, the Indi an pharmaceutical

industry was largely depending upon import of drugs and technology andindigenous pharmaceutical sector was not in a position to compete mightyforeign companies established long back in the country.

The entactment of Indian Patent Act , 1970, was a revolutionary step takenby the Late Smt Indira Gandhi as a prime minister of india for theencouragement of Indi an pharmaceutical industry.

The Indian Patent Act was aimed at giving impetus to the industrial and

economic growth with in the country by adopting process patent strategy.

The provision of process patent in the act was one of the important landmark in enhancing the bulk drug production in the country.


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The effective implementation of this act between 1970 and establishmentof world trade organizations (WTO) on 1-1-1995, given desired results of increased production of different Commodities by Indi an industrial sector especially in the field of drugs and pharmaceuticals.

1970 ----- 1-1-1995 is Considered as a Golden Era for Indi anpharmaceutical industry.

The international agency world trade organizations (WTO) was establishedon 1-1-1995, to act as watch dog for implementations of policies of TRIPS(Trade Related Intellectual Property Rights) and TRIM (Trade RelatedInvestment Measures).

The strength or weakness of a countries system of Intellectual Propertyprotection appears to have a substantial effect on the kind of technologytransferred or protected with india joining the World Trade Organization(WTO).


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India ratified the agreement establishing the World Trade Organisation(WTO).

This Agreement, contains an Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) which came into force from 1 st January1995 .

The new patent regime pertaining to intellectual property has come into

force from 1-1-1995 and india with some other countries,whose intellectualproperty legislations were not in agreement with provisons of TRIPS of WTO were given grace period of 10 years for implementation (up to1/1/2005) .

The Government of india amended the patents act of 1970 according tochanged scenario .

To comply with the requirements of WTO, first amendment to the Act was

effected in1999, followed by another in 2003 .


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Finally ,the Govt.of India promugalated the patent(Amendment) ordinace whichcame into force w.e.f 1st January, 2005.

The importance of intellectual property in India is well established at all levels-statutory, administrative and judicial .

The Government, in a series of strategic responses to economic liberalization andglobalization, has put on priority the modernization of IP Administration. Followingsteps have been taken:

A steering committee, comprising representatives of Patent Offices,Finance Wing, etc., regularly monitors the progress of implementation.

Website of Patent Office ( http://patentoffice.nic.in ) was launched. Workmanual of the office is put in use. Information brochures on differentaspects of intellectual property, including patents, have been released.On-line search facilities have also been established.


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The following are the legislations covering IPRs inIndia:

Patents: The Patents Act, 1970. The Act was amended in March 1999,folowed by another in 2003 .

Design: The Design Act, 1911. A new Design Act, 2000 has beenenacted superseding the earlier Design Act, 1911. (enforcementpending).

Trade Marks: The Trade and Merchandise Marks Act, 1958. A newtrademarks Act, 1999 has been enacted superseding the earlier Tradeand Merchandise Marks Act, 1958. (enforcement pending) .


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Copyright: The Copyright Act, 1957 as amended in 1983, 1984,1992,1994 and 1999 and The Copyright Rules, 1958.

Layout Design of integrated Circuits: The Semiconductor IntegratedCircuit Layout Design Act, 2000. (enforcement pending)

Protection of on disclosed information: No exclusive legislationexists but the matter would be generally covered under the ContractLaw.

Geographical indications: The Geographical Indication of Goods(Registration and Protection) Act, 1999. (enforcement pending).


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Responsibility for administration of IP R in the country

Patents are under the charge of the Controller General of Patents,

Designs and Trademarks which is under the control of the Departmentof Industrial Development, Ministry of Industry .

Copyright is under the charge of the Ministry of Human ResourceDevelopment.

Following the emergence of strong global and national intellectual

property regimes the subject of intellectual property rights and their protection has become a central issue in economic development,scientific and technological development, protection of traditionalknowledge and scientific and economic co operation between

industrialized and developing countries .


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IPR as an issue has become important because of the emergence of corporate as dominant institutions.

Todays world is a World of Opportunities and Threa ts (WTO);wherein the knowledge dimension has acquired a new role in wealthcreation.

In this era of contemporary knowledge, the corporate wish to establishtheir rights on this resource to ensure a proper Return on Investments/ Invention / Innovation .

There on one side these corporate play a dominant role in discoveringnew knowledge, on the other side, these corporate try to appropriatethe knowledge of nations and communities.


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Dr.Reddy's, Ranbaxy, Wockhardt, Torrent, Zydus Cadila, Sun, NPIL andGlenmark are among the leaders in this direction. More companies arefalling In Line and investing in drug discovery research to generate IP R.

CSIR institute s and CDRl have a number of patents to their credit.

Today possession of land, labor and capital are just not enough for a

country to succeed. Creativity and innovation are the new drivers of theworld economy .

The policies adopted by a country shall determine the nations wellbeing. Development of a countrys intellectual Capital is the mostimportant task in these regards. An effective intellectual property rightssystem lies at the core of the countries development strategies.


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Within knowledge based, innovation driven economies, the intellectualproperty system is a dynamic tool for wealth creation, providing anincentive for enterprises and individuals to create and innovate a fertile

setting for the development of , and trade in, intellectual assets, and astable environment for domestic and foreign investments.

Although India has compiled with the obligations of TRIPS by

amending the IP laws, certain issues are still needed to be taken careof. And there is a need for a constant thinking over the core issue of IPprotection, in order to respond to situations arising out of globalcompetition.


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Intellectual property Rights

International Scenario

United states patents European patent system


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Prior to General Agreement on Tariffs and Trade (GATT), intellectualproperty rights were not subject to formal international tradenegotiations.

Rather, intellectual properties were subject only to internationalconventions like Berne and Rome conventions concerning Copyrights.

The agreement on TRIPS (Trade Related Intellectual Property Rights)was negotiated with other international trade agreements during theURUGUAY round trade organizations of the GATT from 1986 to1994.

The TRIPS agreement sets minimum standards in the field of Intellectual Property protection that all WTO member countries have torespect.

To achieve this goal, WTO members have to modify their Intellectual

Property laws to make them consistent with the new WTO standards.


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The TRIPS agreement states that all patents shall be available for at

least 20 years from filing date, where as before the TRIPS agreementthe patent term varied greatly among the countries (7, 10, 17 or 20years).

All WTO member countries have to incorporate this 20 years patentterm in their patent

The international agency world trade organizations (WTO) was

established on 1-1-1995, to act as watch dog for implementations of policies of TRIPS (Trade Related Intellectual Property Rights) andTRIM (Trade Related Investment Measures).


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Transition periods

Developed Countries 1/1/1995.

Developing Countries 1/1/2000 in case patent protection not available to an

area of technology, up to 1/1/2005 (india).

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