c_law_4_ipr
TRANSCRIPT
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INTELLECTUAL
PROPERTY
RIGHTS
Group no. 4
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OVERVIEW
Intellectual Property Rights
Description of Intellectual Property
Classification
Patents
CopyrightsTrademarks Registered (industrial)
Design Rights
Geographical indications
Protection of undisclosed information
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What is Intellectual Property?
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PATENTS
Monopoly right granted by the State to an inventor for alimited period, in respect of the invention, to the exclusionof all others.
To ensure rewards in terms of money and recognition incase of commercial utilization.
To prevent commercial exploitation
Indian Patents Act (IPA)
Non Applicability of Patents
Rights of a Patentee
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PATENTS.(contd)
Tenure of Patent
Pro isions in T IP relate to P ar aceuticalIn ustr
Impact on Indian Pharmaceutical Industry
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TRADEMARK A ny sign, or any combination of signs, capableof distinguishing the goods or services of one
undertaking from those of other undertakings
Includes trade dress and product configuration
Purpose is to safeguard the integrity of products&to prevent product confusion and unfair
competition
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INDUSTRIAL DESIGN General Definition
Definition as per Industrial Design Society of A merica(IDS A )
Hague agreement
Conditions for claiming IDR
Designs A ct,2000 A dvantages of IDR
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GEOGRAPHICAL INDICATIONS
A n indication or
appellation of origin
Used to identify agricultural natural or
manufactured goodsoriginating in the saidarea
Comparison with
Trademarks
Provisions of TRIPS
Benefits &
controversies of Geographical
Indications
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W TO
Internationalorganization set up
in 1995 with theobjective of
ensuring smooth
and free trade flowacross nations
greement onrade elated
spects of Intellectual
ropert ights( I )
Categories of intellectual propert covered under
I
Cop rights and related rightsrade Marks
Geographical Indications
atents
Industrial Designs
Designs of Integrated Circuits
rotection of UndisclosedInformation
lant varieties
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WTO (contd..)
India and W TO
Three-stage time frame provided by TR IPS A greement
Controller General of Patents, Designs and TradeMarks (CGPDTM)
Departments supervised by CGPDTM The Patent Office (including Designs W ing) The Patent Information System (PIS) The Trade Marks Registry (TMR), and The Geographical Indications Registry (GIR)
W orld Intellectual Property Organization( W IPO)
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PATENT FOR TIRUPATI LADDU
A pplication for GI certification for the famous anddelicious Tirupathi Laddu offered as prasadam
Patent filed by Tirumala Tirupati
Devasthanam on 8th
of June 2008
Grant of patent on 15th September2009
Petition filed by R. S. Praveen Raj
Petition filed at: Supreme Court of India
Type of petition: Suo Motu
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A rguments in favourof issuing patent right
Laddu gets its reputationnot from its taste alone butfrom its sanctity as they arefirst offered as naivedyam
to the Lord
The laddus are offered asprasadam only to the devotees who visit Tirumala and offer
worship to Lord Venkateswarahere and not to anyone else
To tackle effectively theproduction and marketing
of spurious and fakeladdus around Tirupati by
some unscrupulous
elements.
A rguments againstissuing patent right
The GI A ct meant is for theprotection of Goods only
No mention of any otherbeneficiary(workers and hiredlabours who make laddus) inthe application except TTD
A llowing the GI registration of goods produced by private
entities would defeat the spiritof GI protection
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TRADEMARK INFRINGEMENT :
McDONALDS VS. McCURRY
2001
McDonald appealed for trademarkinfringement against McCurry for the
use of Mc in its name.
2006
High Court Ruled in the favor of McDonald and McCurry
appealed in the court of appeal .
2009McCurry won the retrial both in court of
appeal and Federal court
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A rguments infavor of
McDonald
Exclusive right over theuse of prefix Mc
Plaintiff has securedtrademark registrations of
the prefix Mc
Defendant trying tocapitalize on the plaintiffs
goodwill and reputation
A rgumentsagainst
McDonald
Nature of business/Menupresent in McCurry is very different from McDonalds
McCurry stands forMalaysian Chicken Curry
Plaintiff cannot claimmonopoly as there areother Scottish names
using prefix Mc
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Bajaj launches 125cc bike Exceed based onDTSi Technology A ugust 2007
TVS decides to launch its 125cc bike Flame
based on CCVTi technology Bajajs intention to sue TVS Motors for
infringing its patent rights
September 2007
TVS launches FlameDecember 2007
Court rules in favour of TVS
September 2009
INDUSTRIAL DESIGN-BAJAJ VS TVS
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A rguments infavour of Bajaj
A uto
Early entry into the marketcompared to TVS bike which
was yet to be launched
Differentiated Honda'patent from theirs toincorporate necessary
amendments
TVS had already launched asingle spark-plug bike,
soTVS's business was notmuch affected
A rguments infavour of TVS
DTSi a commonly usedengine technology
B
ajajs patent is not for atwin spark plug but fortwo spark plugs & Two
spark plugs in an ICengine is a prior art
US Honda patent-no restrictionon bore size specification
Difference in claim mentioned in
specification vs. application filed
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RECOMMENDATIONS & CONCLUSION
Modernization of IP offices
IPR Education and Development of IPR Cells
Establishment of a new institution for cutting edge policy expertise
IPR Tribunal, special rules of procedure and judicial training
IP and Small andMedium Enterprises (SMEs)
Global Technology Acquisition Fund
IPR and New Technologies
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References : www.secularcitizen.org www.ip-watch.org www.spicyipindia.blogspot.com www.livemint.com www.economictimes.indiatimes.com
www.mondaq.com