Introduction to Intellectual Property Rights (IPR)

Anil Kumar H.S

Dept. of Biotechnology Engineering NMAMIT, Nitte

CONCEPT OF PROPERTY Natural object becomes a resource when it satisfies a human want A resource possessed and owned becomes a property A bundle of legal rights linked to ownership and possession of an item (Tangible: related to physical

INTELLECTUAL PROPERTY
It is the P !P" T# $ "AT"% &# APP'I$ATI!N !( )*+AN +IN% Intangible (non,physical) in nature, deri-es -alue from ideas There is no uniform definition of IP In knowledge age. IP is a key to techno,economic growth

IP UBIQUITOUS IN LIFE
Articles of food. furniture. clothing. te/tiles. cosmetics. pharmaceuticals. entertainment gadgets. machinery. books. etc0 are all IP protected0 %omain of IP is e-er e/panding with ad-ent of Technology and 1lobali2ation : 1I. I$ topography are new additions. T34&iodi-ersity are likely

RATIONALE BEHIND IP
The creati-e acti-ity culminating in IP is

necessary for socio,economic progress encourage greater creati-e acti-ity rewards

+aterial incenti-es and rewards

IP rights grant monopoly to ensure The interests of owner and society are

balanced by limiting periods of monopoly with obligation to disclose and remedies against abuse of rights

%isclosure brings knowledge in public

NATURE OF IPRs
"ssentially negati-e rights to stop

others from copying or counterfeiting 5 In patents. being first with an in-ention pre,empts any right of another making same in-ention independently0 5 In copyrights. the right is diluted as right is o-er the form of e/pression and not o-er idea0

IP s being statutory rights are legally

enforceable0

7 MAIN IP INSTRUMENTS
Patents Trademarks. Trade Names 6 7er-ices +arks 1eographical Indications Industrial %esigns 'ayout,designs of Integrated $ircuits Trade 7ecrets $opyrights And elated ights

Patents

PATENT: WHAT IS IT?

It is a limited right granted by the state to an in-entor in respect of an in-ention to exclude any other person from practicing the in-ention i0e0 manufacturing. using or selling the patented product or from using the patented process. without due permission0

WHAT CAN BE PATENTED?

In-entions in all fields of technology. whether products or processes. if they meet the criteria of
&eing patentable subject matter8 No-elty8 Non,ob-iousness (in-enti-e step)8 Industrial application (utility)0

Conditions of Pat nta!i"it#

No-elty: In-ention not known to

public prior to claim by in-entor

In-enti-e 7tep: In-ention would not

be ob-ious to a person with ordinary skill in the art

Industrial Application: In-ention can

be made or used in any useful. practical acti-ity as distinct from purely intellectual or aesthetic one

SOME E$CLUSIONS FROM PATENTABILITY

Naturally occurring substances4elements8 %iagnostic. therapeutic and surgical

methods of treatment of humans or animals8 organisms8

Plants and animals other than 9, "ssentially biological processes for

production of plants or animals8 order or morality0

In-entions whose use is contrary to public

PATENT% SPECIAL REQUIREMENT

%isclosure of in-ention 7ufficiently clear and complete so that a person skilled in the art can carry out the in-ention0 A country may re:uire the best mode for carrying out the in-ention to be disclosed0

TRADEMARKS

;<==

TRADEMAR&' SER(ICE MAR&' and TRADE NAME

%istincti-e symbols. signs. logos that help consumer to distinguish between competing goods or ser-ices0 A trade name is the name of an enterprise which indi-iduali2es the enterprise in consumer>s mind0 'egally not linked to :uality0 In fact. linked in consumer>s mind to :uality e/pectation0

TYPES OF MAR&S
?ell 3nown Trade +ark $ollecti-e +ark: Proprietor is an

association of persons. which is legally not a partnership

$ertification +ark: %oes not

indicate origin of goods but certifies the goods as conforming to certain characteristics (:uality. ingredients. geographical origin etc0) e0g0 I7I. A1+A 3. )allmark

Fo)*s of TM
@isual: ?ords. letters. numerals.

de-ices including drawings and symbols or A,% representations of object or a combination of two or more of these. colour combinations or colour + ) s . B,% sign as shape of goods or packaging0

Audio: 7ounds. +usical Notes !lfactory: 7mells

CRITERIA OF TM PROTECTABILITY
%istincti-e (basic function):

, inherent (e0g0 IN). or , ac:uired by usage (e0g0 TATA)

Non,decepti-e ( to a-oid misleading) Not contrary to public order. morality

7pecial

e:uirements

A mark is registered for specified

classes of goods or ser-ices0

W,at is +)ot -t d and .,at/s not?

Right to use TM in relation to goods4

ser-ices as registered are protected

(If T+ consists of se-eral parts. protection is for T+ as a whole)

7tate "mblems. !fficial )allmarks.

"mblems of Intergo-ernmental !rgani2ations cannot be used as T+0

GEOGRAP I!A" I#DI!ATIO#S

Paithani

W,at is 0I?
+any goods possess their peculiar

properties due to their geographical origin0 1I is the best method to indicate the geographical origin of goods and ser-ices0 +any agricultural products (tea. rice)8 dairy products (cheese). wines and spirits ($hampagne) owe their special :uality and reputation to their geographical place of growth or

P)ot -tion of 0I
1I is not owned by a single owner Any producer in the region can use the

1I on the product pro-ided it is prepared by the norms set out for the use of that 1I0 1I is registered in the national register and is similar to the certification mark identifying the origin of the good0 1o-t0 can register 1I in the international register maintained by ?IP! for world wide protection0

Industrial Designs

W,at a) Ind1st)ia" D si2ns?

The ornamental or aesthetic aspect of an article that enhances -isual appeal and differentiates product0 e0g0 B,% features of shape or surface as of a perfume bottle. A,% patterns of lines. shapes and colours as on a bed sheet0

C)it )ia fo) P)ot -tion as ID

New and !riginal $apable of mass production or application on an article of utility Not contrary to public order or morality The shape should not be determined merely by the

Co*+a)ison of ID a2ainst TM
I% )as to be integral part of product T+ Is applied on the product but need not be embodied in it0 7hould be distincti-e

7hould be

original and new but need

ID' Co+#)i2,t' Pat nt

If the article is not mass produced or the design can not be applied on a useful article. the design would be an aesthetic work. protectable under copyright0 7ome engineering designs may be sufficiently inno-ati-e. protectable as a patent0

ID P)ot -tion
Protects commercial e/ploitation of the design idea through products4articles that embody it or reproduce it and not t, a)ti-" s t, *s "3 s4

Integrated Circuit Layout Designs

W,at is La#o1t D si2n?

'ayout of transistors and other circuit elements. including lead wires connecting such elements and e/pressed in any manner in a semiconductor integrated circuit (I$)0

W,# to +)ot -t?

I$ 'ayouts are creations of human

mind8 There is lot of in-estment of time and money in the creation but copying is -ery cheap8 (ertile area with new circuit designs made e-ery day to cater for miniaturi2ation and no-el applications0

W,# s+ -ia" +)ot -tion?

There may not be no-elty so

cannot be patented8 $opyright protection does not return the in-estments since commercial life of a design is limited0

P)ot -tion is a2ainst5

Act of reproducing a layout design

fully or in parts8 Importing. selling or distributing commercially a protected layout design or I$ incorporating it0 &ut identical design created ind + nd nt"# by third party is not +)o,i!it d4

Trade Secret

The best kept secret till date

T)ad S -) ts
7ome in-entions. data.

information cannot be protected by any of the a-ailable means of IP s0 7uch information is held confidential as a trade secret0 Trade secret can be an in-ention. idea. sur-ey method.manufacturing process. e/periment results. chemical formula. recipe. financial strategy.

W, n T)ad S -) ts a) +) f )) d?
?hen in-ention is not patentable8 Patent protection is limited to AC

years. when secret can be kept beyond that period8 ?hen cost of patent protection are prohibiti-e8 ?hen it is difficult to re-erse engineer

Ho. to 21a)d T)ad S -) t?

estricting number of people ha-ing

access to secret information 7igning confidentiality agreements with business partners and employees *sing protecti-e techni:ues like digital data security tools and restricting entry into area where trade secret is worked or held National legislations pro-ide protection in form of injunction and damages if

Copyright

Co+#)i2,t
$opyright protects literary and

artistic works
e0g0 &ooks. lectures. dramatic and musical works. choreography. cinematography. drawings. paintings. architecture. sculpture. photographs. illustrations. maps. plans sketches etc0 This is automatic right created with the creation of work and no registration is re:uired

Ri2,ts -o3 ) d 1nd ) CR

+oral

ights : Author>s right of paternity0 Non,alienable0 ights : ights to e/ploit the work0 e0g0 ights of translation. rights of performance. rights of reproduction etc0 These rights can be transferred. assigned. licensed for economic benefits0

"conomic

W,o a) t, A1t,o)s?
?riter4writers of the book8 Painter8 +usic composer8 Translator8 $inematographer8 Photographer etc0

D1)ation of P)ot -tion

(or books and other works of arts it

is DC to <C years after the death of the author (the laws of different countries -ary)8 (or photographic work AD years from making the work8 (or cinematic works DC years after making the work a-ailable to public0

E6- +tions to P)ot -tion 7F) Us o) Fai) D a"8

Euotations for commentary8 Illustration for Teaching8 $urrent News

eporting etc0

(ree *se is decided by amount of work used and its economic implications to the right holder0 The mention of original author4source is must0

R "at d Ri2,ts

R "at d Ri2,ts 7N i2,!o1)in2 Ri2,ts8

ights related to dissemination of copyrighted work They protect: Performers of ?ork Producers of Phonograms &roadcasting !rgani2ations

International Agreements
Paris con-ention for the protection

of Industrial Property (=FFB) &erne con-ention for protection of 'iterary and Artistic ?orks (=FFG) Agreement on Trade elated Aspects of Intellectual Property ights (T IP7) (=HH;)

E* )2in2 Iss1 s in IPR

Traditional 3nowledge and

"/pression of $ulture ((olklore) &iodi-ersity and 1enetic esources "lectronic $ommerce8 Internet %omain Names8 Protection of databases. software

Than$ you
%or your patience