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IPR

TEAM

Whatis IPR?

IPR

Contents-

Copyrights

Patent

Trademarks

Trade

Secrets

What isnew?

Source: Bare acts, wikipedia, ibef.org

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Intellect

Intellect is an umbrella term used to describe apropertyof the mind that encompasses manyrelated abilities, such as the capacities toreason,toplan, to solve problems, to think abstractly, tocomprehend ideas, touse language, and to learn.

There are several ways to define intelligence. Insome cases, intelligence may include traits suchas creativity, personality, character, knowledge, or

wisdom. However, most psychologists prefer notto include these traits in the definition ofintelligence.

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Key Elements in Intellectual Pursuits

Data

Information

Knowledge Knowledge Creation / Generation

Knowledge + Imagination = Intellect &

Intellect is the Imagination with Reasoning

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Intellectual Property

An intellectual (involving imaginationand reason) is one who tries tousehis or her intelligence and analytical

thinking in either his profession orpersonal pursuits.

Product of the mind creativity is theIntellectual Property and Right to

protect this property is theIntellectual Property Right.

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Intellectual Property Right (IPR)

The Intellectual Property Right (IPR) relatesto the right of an individual to derive benefitsfrom his intellectual property and to excludeothers from doing so.

Intellectual property rights are a bundle ofexclusive rights over creations of the mind,both artistic and commercial.

Under intellectual property law, owners aregranted certain exclusive rights to a variety of

intangible assets, such as musical, literary,and artistic works; ideas, discoveries andinventions; and words, phrases, symbols, anddesigns.

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Key Elements of IPR

Patents

Copyrights

Trademarks Trade Secrets

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Legal aspect of IPR in India

The Copyright Act 1957

The Patents Act 1970

The Trademarks Act 1999 Amendment in copyright act- There

is no amendment in copyright act

but some sections of this acts arechanged e.g. Section 2, 14, 38, 40,

52 etc.

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Copyright

Copyright is a legal term describing the economicrights given to creators of literary and artisticworks, including the right to reproduce the work,

to make copies, and to perform or display thework publicly.

Copyright protects arrangements of facts, but itdoes not cover newly collected facts as such.

Moreover, copyright does not protect new ideasand processes; they may be protected, if at all, bypatents.

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Copyright works

Literary Works

Musical Works

Dramatic Works

Artistic Works

Duration Life of

author + 50 years

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ofCopyright Act,1957

Chapter I contains the usual preliminary sectionsincluding the definitions.

Chapter II establishes a copyright office under the

control of the Registrar of Copyrights who, inturn, is required to act under the supervision anddirections of the Central Government.

Chapters III to VI of the Act are really the heartand they deal with the meaning of a copyrightand the works in which a copyright subsists, theownership of a copyright and the rights of theowner in terms of licenses, etc.

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Trademarks

Trademarks are commercial

source indicators, distinctive

signs that identif y certain

goods or services produced or

provided by a specific person

or enterprise. Trademarks are

especially important whenconsumers and producers are

far away from one another.

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of Trademarks Act, 1999

Expanded definition for Trademark

Collective Marks

Well known trademarks

Single Register Single application forregistrationunder many class of goods

Enhanced term ofprotection and renewal

Amendment in Trademarks act 1999

Onlyone amendment i.e. The Trademarksamendment Bill 2007.

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Patent

A patent is the form of a certificate granted by a

government. It gives the inventor the right to

exclude others from imitating, manufacturing,

using or selling the invention in question for

commercial use during the specified period.

Patent is valid only in the country that has

granted it. It is granted f or an innovation,invention, process ofproducing a product, and a

concept.

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What Is Patentable

[A]ny new and usefulprocess, machine,manufacture, orcomposition of matter, orany new and usefulimprovement thereof .This includes Methodsof Use Methods of

Doing Business Only theinventor(s) may apply fora patent

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of Patent Act, 1970

Section 47: Form and inspection ofregister

Section 50A: Entries in the copyright register tobe published Growth of Indian Pharmacy

Industries Allowed Indian companies to legallyproduce generic versions of medicines that wereunder patent elsewhere.

Developed thriving generic drug industry. Indian

drug manufacturers were capable to producelow-cost drugs.

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Amendment in Patent Act 1970

IstAmendment-1999

IInd amendment-2002

IIIrd and Final Amendment-2005

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Trade Secrets

Trade secrets are classified as any informationthat may be used in the operation of abusiness and that is sufficiently valuable to

afford an actual or potential economicadvantage.

Trade secret includes:- Financial InformationCommercial Inf ormation Technical andscientific information

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Advantages of trade secrets

It include unlimited duration.

Lackof legal formalities and requirements.

Example of trade secrets Like formulas forproducts, such as the formula forCoca-Cola.

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Other special acts in IPR

The Geographical IndicationsAct, 1999

The Semiconductors

Integrated CircuitsLayout-Design Act, 2000

The Information TechnologyAct, 2000

The Designs Act, 2001 The Trade Rules, 2001

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Locations of the Patent Offices

The Patent Office, Intellectual PropertyOffice Building, CP-2 SectorV, Salt Lake City,Kolkata-700091, Phone : 23671945, 1946, 1987,FAX-033-2367-1988, Email:- kolkata-patent@nic.in (Covers Easternregion)

The Patent Office,Intellectual PropertyOffice Building,G.S.T. Road,

Guindy, Chennai-600032, Phone: 044-22322824-25, FAX: 044-22322878,Email: chennai-patent@nic.in (Covers Southern region)

The Patent Office, Intellectual PropertyOffice Building,Plot No. 32,Sector 14, Dwarka, New Delhi-110075,Phone : 011-28081922-25,FAX:011-28081920-40, Email: delhi-patent@nic.in (CoversNorthern region)

The Patent Office, Intellectual PropertyOffice, Todi Estates, 3rdFloor, Lower Parel (W), Mumbai 400013,Phones: (022) 24924053,(022) 24925092,Fax: (022) 24950622, Email: mumbai-patent@nic.in(covers Western region)

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Recent In India Developments

Increased Filings

New Case Law

Administrative Improvements

What is not Included till Now In IPR

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Increased Filings from India

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Key findings from the

2009 patent Focus Report include

The number ofpatent examiners

in India has remained relatively

static - raising questions about

the quality ofpatents coming outof the Indian IP Office.

In response, at the end of 2008

India announced 414 newexaminer posts to be created by

2012.

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New patents

Patents granted for Products otherthan medicines, agro-chemicals andfood- Onlyprocess patents for theabove

Mail Box provisiona. forpharmaceutical substance

Examination from 1.1.2005

b. Exclusive Marketing Rights

c. 5 yr Patent term forpharma andfood process patents and 14 yearsforothers

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New Case Law

Courts Award Higher Damages Trend suggesting IP is ahigherpriority

Time Inc. v. Lokesh Shrivastava (2005) TM case;

$11,221 general damages; $11,221 punitive damagesAdidas-Salomon A G & Ors v. Jagdish Grover (2005)

TM case re: ADIDAS mark; $33,663 damages MicrosoftCorp. v. Yogesh Popat (2005)

Copyright case re: software piracy; $44,323 damages Microsoft Corp. v. Kamal Wahi (2005) $51,517, highest

IP damages award in India

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Administrative Improvements

Modernization of IP Offices

Phase One Established modernintegrated Intellectual PropertyOffices in the 4 metros (Kolkata,

Mumbai, Delhi, Chennai) Computerization and enhancement of

human resources Introduced e-filingof applications, as of July 20, 2007

Recognized by WIPO as anInternational Searching Authority(ISA) and an International PreliminaryExamining Authority (IPEA) under thePCT in October 2007

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Modernization of IP Offices

Phase Two

New buildings constructedPlan to establish a state-

of-the art Trade MarksOffice at Ahmedabad

Increase in HR to meetdemand of increasedfilings Digitalization of IPrecords

Establishment of completeonline office

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What is Included till Now In IPR

Novartis Challenge Jan. 2006: No patentfor leukemia drug Gleevec; simply newform ofknown substance.

May 2006: Novartis appealed patent

offices decision Challenged section 3(d)of Patent Act (modifications or newuses of existing substances notpatentable unless they significantlyincrease its effectiveness) Said rulingviolated WTO agreements; is a

disincentive for investment in R&D Aug.2007: Court rejected the appealConcern that companies may outsourceR&D to China

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