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Volume I

IPR NEWSLETTER

JUNE-DEC, 2010

An Introduction to Intellectual Property Rights

CONTENTS
S. No. 1. 1.1 1.2 1.3 1.3 1.5 1.6 1.7 2. 2.1 2.2 2.3 2.4 3. 4. 5. Item Basics of Intellectual Property Rights Patent Trademark Geographical Indication Industrial Design Copyright Integrated Circuit Trade Secret Himachal Pradesh Patent Information Centre (HPPIC) Objectives Facilities Registered GIs of HP Identified GIs of HP Intellectual Property Rights News World Intellectual Property Organization (WIPO) Updates of HPPIC Page 2 2 2 3 3 3 4 4 5 5 5 5 6 6 8 8

EDITORIAL
As innovation, creativity, and knowledge are becoming key elements of competitiveness; researchers, scientists & industry are increasingly faced with the need to find ways to manage their innovations and knowledge effectively. The range of tools offered by the legal system of Intellectual Property (IP) provides the owners of IP rights, a multiplicity of options to manage their innovations. IP system enables owners of IP rights to have exclusivity over their trade secrets, trademarks, designs, inventions and literary or artistic creations and thereby decrease the likelihood of copying or imitation by competitors; increase the practical options for commercializing new or improved products and deal more effectively with any violations of their IP rights.

1. B A S I C S O F I N T E L L E C T U A L PROPERTY RIGHTS
INTELLECTUAL PROPERTY RIGHTS Intellectual property (IP) is a collective term used to describe new ideas, inventions, designs, writings, films, etc. that are protected by copyright, patents, trademarks, industrial designs etc. Every country has a range of laws protecting IP. One of the most considerations is that IP may be stolen if the appropriate steps are not taken to protect it. The IP system provides exclusive rights over the use of inventions, designs, brands, literary and artistic works and other tangible assets. Under IP system, one (owner) can export just the IP itself, without an accompanying product i.e. license to a company or companies registered overseas, the right to manufacture or sell product. By this way one can earn additional profit while retaining ownership over the inventions, innovative designs and trademarks. 1.1 PATENT A Patent is an exclusive right granted for the protection of an invention. The patent provides its owner with the exclusive right to prevent others from commercially exploiting the invention for a limited period of time in return for disclosing the invention

limited period of time, generally for 20 years from the filing date. 1.2 TRADEMARK A trademark is a distinctive sign which distinguishes the goods or services produced or provided by one enterprise from those of another. In general, any distinctive words, letters, numerals, drawings, colors, pictures, shapes, logotype, labels or combinations of the above used to distinguish between the goods and services of different companies may be considered as a trademark. Different countries use trademark differently. In Some, advertising slogans are considered as trademark while others use less traditional forms i.e. three dimensional signs (e.g. the Coca-Cola Bottle), audible signs (Sounds such as roar of the lion that precedes films produced by MGM) or olfactory signs. But many countries have set limits as to what may be registered as a trademark, generally allowing only signs that are visually perceptible or can be represented graphically. Thus the main functions of a Trademark are as follows : Ensure that consumers can distinguish between products Enable companies to differentiate between their products A marketing tool and the basis for building a brand image and reputation Provide an incentive to companies to invest in maintaining or improving the quality of their products . One can protect one's trademark by registering it. The registration would prevent others from marketing identical or similar products under the same mark. One may license or franchise one's trade mark to other companies. The protection period of trademark is unlimited (initially for ten years and renewal after every ten years)

To the public. Thus the owner of the patent (patentee) can prevent others from making, using, offering for sale, selling or importing the patented invention without permission, and sue anyone who exploits the patented invention without his or her permission. Patents may be obtained for any area of technology from paper clips to computers. The patent can be obtained by filing an application to the regional or national Patent Office along with the description of the invention and its comparison with the existing one. The patent right is given for a

1.3 GEOGRAPHICAL INDICATION (GI) A geographical indication is a sign used on goods that have a specific geographical origin and possess qualities or a reputation that are due to that place of origin. The agricultural, natural and manufactured goods are covered under GIs in India. Champagne, Tequila, Darjeeling, Roquefort, Pilsen, Porto, Sheffield and Havana are some examples of well- known names that are associated throughout the world with products of a certain nature and quality and specific origin. Registration of geographical indications prevents unauthorized use of GI's by others, promotes economic prosperity of the producers and enables seeking legal protection in other WTO member countries. Geographical indications are protected in accordance with national law and under a wide range of concepts such as law against unfair competition, consumer protection law, law for the protection of certification marks or special laws for the protection of geographical indications. Applicable sanctions range from court injunctions preventing the unauthorized use to the payment of damages and fines or, in serious cases, imprisonment. The protection period of geographical indication is unlimited (renewal after every ten years)

architectural structures; from textile designs to sports equipment. Industrial design is also applied to product packaging and containers. Industrial design consists of the three dimensional features such as the shape of a product, the two-dimensional features such as ornamentation, patterns and lines or color, or combination of two or more of these. There are many reasons for business to protect their industrial designs as smart industrial designs are business assets and can increase the commercial value of the company. It play big role in the successful marketing of a wide variety of products, helping to define the image of a company's brand. A protected design also provide additional source of revenue for its company through licensing out to others, for a fee, the right to use, or by selling the registered design right. The protection period of Industrial design is 10 years (renewal after every 5 years). 1.5 COPYRIGHT Copyright is a set of exclusive rights granted by the law of a jurisdiction to the author or creator of an original work, including the right to copy, distribute and adapt work. They are protected irrespective of their quality and they include purely technical guides and engineering drawings. While copyright laws generally do not provide an exhaustive list of the types of work that are protected by copyright, practically all national laws provide for protection of the following: Literary works Musical works Work of art Maps and technical drawings Photographic works Motion pictures Computer programs Multimedia products

FRENCH WINE 1.4 INDUSTRIAL DESIGN Industrial design generally refers to a product's overall form and function. According to IP law, however, an industrial design refers only to the aesthetic aspects or outward appearance of a product. Industrial design includes technical and medical instruments, watches, jewellery and other luxury items; from household products, toys, furniture and electrical appliances to cars and

The copyright laws protect only the form of expression of ideas and not the ideas themselves. The protection pattern is as follows : Literary works: Life time of the author + 60 years Cinematographic Films, Records, Photographs: 60 years Broadcasting: 25 years 1.6 INTEGRATED CIRCUITS Another field of protection of IP is that of layout- designs (topographies) of integrated circuits. These are usually the result of an enormous investment, both in terms of funds and the time of highly qualified experts. There is a continuing need for the creation of new layout-designs that reduce the dimensions of existing integrated circuits and increase their functions simultaneously. Integrated circuits are utilized in a large range of products, including article of everyday use, such as watches, television sets, washing machines and automobiles, as well as sophisticated data- processing equipments. Whereas the creation of the new layout-design for an integrated circuit can involve an important investment, the copying of such a layoutdesign may cost only a fraction of that investment. Copying may be done by photographing each layer of an integrated circuit and preparing masks for its production on the basis of the photographs obtained. The possibility for such copying is the main reason for the introduction of legislation to protect layout- designs. According to the WTO TRIPS Agreement, the term of protection is at least 10 years from the date of filing an application or of the first commercial exploitation in the world, but members may provide a term of protection of 15 years from the creation of the layout-design. 1.7 TRADE SECRET All businesses have trade secrets. Broadly speaking, any confidential business information that provides an enterprise with a competitive edge may be considered to be trade secret. Sample categories of what can be considered as Trade Secret are listed below:

Manufacturing processes , techniques and know-how Data compilations, e.g. lists of customers Designs, drawings, blueprints, maps Algorithms, processes that are implemented in computer programs and the computer programs themselves Business strategies, business plans, marketing plans Financial information Manuals

Unlike patents, trade secrets are protected without registration- that is without any procedural formalities. Consequently, a trade secret can be protected for an unlimited period of time or as long as the information remains confidential. There are, however, some conditions for the information to be considered a trade secret. Compliance with such conditions may turn out to be more difficult and costly than it would appear at first glance. While these conditions vary from country to country, some general standard exists, which are referred to in Article 39 of the agreement on TradeRelated Aspects of Intellectual Property Rights (TRIPS) of the World Trade Organization: The information must be secret (i.e. it is not generally known among, or readily accessible to, circles that normally deal with the kind of information in question). It must have commercial value because it is a secret. It must have been subject to reasonable steps by the rightful holder of the information to keep it secret (e.g. through confidentiality clauses in employee contracts, nondisclosure agreement, etc.

(Source: WIPO: Secrets of Intellectual Property; A guide for Small & Medium Size Exporters ITC/ WIPO, 2004. Xi, p 184. TIFAC (Feb-2001): Lecture notes on patents. TIFAC: DOC:022

2. H I M A C H A L P R A D E S H PAT E N T INFORMATION CENTRE (HPPIC)

The State Council for Science, Technology & Environment with support of Technology Information, Forecasting and Assessment Council (TIFAC), Department of Science & Technology, (DST), Govt. of India has established HPPIC in 1998 to cater various Intellectual Property Rights (IPR) needs of the State. 2.1 OBJECTIVES To advise HP Govt. on IPR related Matters & Policy Issues To create Awareness about IPRs in H.P. To encourage scientists of Universities, R& D Institutions to file Patents To provide technical assistance to Innovators & Institutions in preparing documents related to Patents/ designs and other IPRs To provide Patent Search Facility to Inventors To identify and register GIs of H.P. 2.2 FACILITIES Information on IPRs: Application Forms Computerized Patent Search Facility Databases on Indian Patents Details of Patent Attorneys Linkage with PFC (Patent Facilitating Cell), TIFAC for detailed search of Patents & funding in Govt / Semi Govt Sector IPR Library with books, journals, reports, videos & CDs on IPRs ACHIEVEMENTS Organized 30 IPR Awareness workshops in different parts of the State. Established Four IPR Cells in State Universities and Technical Institutions. Processed/Forwarded 30 Patent Applications to TIFAC Identified 20 possible traditional products of H.P. for registration under GI Act 1999. Became the 1st State to Formulate Policy for the Registration and Protection of Geographical Indications of Goods in Himachal Pradesh Got Registered Kullu Shawl, Kangra Tea, Chamba Rumal & Kinnauri Shawl under GI Act 1999. GIs in Pipeline: Application to be filed for registration of Kangra Paintings. Filed Application for Registration of Kangra Tea with European Union. Staff of PIC Attended 30 workshops/ trainings on IPRs organized by TIFAC, WIPO and other Organizations.

2.3 REGISTERED GEOGRAPHICAL INDICATIONS OF HIMACHAL PRADESH 1. Kullu Shawls 2. Kangra Tea

3.

Chamba Rumal

4.

Kinnauri Shawls

2.4 IDENTIFIED TRADITIONAL PRODUCTS OF H.P. FOR REGISTRATION UNDER GI ACT 1. Chamba Chappals 2. Kinnauri Caps

3. 5. 7.

Chamba Jaris Kullu Caps Red rice

4. 6. 8.

Chamba Chukh Pule (embroidered grass shoes) Kala Jeera

9.

Himachal Apples

10. Traditional wines (Angoori)

11. Chulli oil

12. Pahari Aloo Himachal Potato

13. Traditional Lahauli Crafts (Gloves and Socks) 15. Seabuckthorn

14. Chilgoza

16. Kangra Paintings

Source : State Council for Science, Technology & Environments, HP

3. INTELLECTUAL PROPERTY RIGHTS IN NEWS

ARCELORMITTAL WINS CYBER SQUATTING CASE AGAINST MUMBAI BASED TAJ GROUP OF COMPANIES: Global steel giant ArcelorMittal won a cyber squatting case against the Mumbai based Taj Group of Companies. The group of Companies dealing in chemical manufacturing, trading of cement, textile and pharmaceuticals manufacturing had registered

five websites--arcelorcement.com, arcelorlabs.com, arcelorlaboratories.com, arcelorchemicals.net and arcelorchemicals.com. In June 2010, the steel company approached the UN's World Intellectual Property Organization in Geneva to restrain the Taj group of companies from using trademark. The steel company had contended that the disputed Internet sites were identical in part and confusingly similar as a whole to the 'Arcelor' trademark, for which it owns the rights. Besides, it

also argued that the term 'Arcelor' is known only in relation to it. James A Barker, who presided over the dispute, held that the registered sites were being used in bad faith and ordered the respondent to transfer the disputed domains to ArcelorMittal. 79,000 PATENT APPLICATIONS ARE PENDING AT THE INDIAN PATENT OFFICE The Indian Parliament was informed on 3rd of July, 2010 that, about 79,000 patent applications are pending before the patent office for grant. The mechanical engineering and chemicals segment constitute most of the applications. The Minister for Commerce and Industry, Anand Sharma said in a written reply to the Lok Sabha that the requests are pending mainly due to the considerable increase in the number of patent applications filed with the office after 2003-2004. In order to dispose off the pending requests for examination, the government has created 200 new posts of Examiners of patents and designs. WIPO GOLD PORTAL LAUNCHED WIPO launched on June 1, 2010, WIPO GOLD, a free, on-line global intellectual property (IP) reference resource that provides quick and easy access to a broad collection of searchable IP data and tools relating to, for example, technology, brands, designs, statistics, WIPO standards, IP classification systems and IP laws and treaties. The launch of WIPO GOLD is a significant step towards fulfilling one of the Organization's strategic goals that of serving as a world reference source for IP information and analysis, said Director General Francis Gurry. The WIPO GOLD portal is a rich, dynamic and evolving information tool that will continue to be expanded and improved over time, he added. INTERNATIONAL PATENT FILINGS DIP IN 2009 International patent filings under WIPO's Patent Cooperation Treaty (PCT) fell by 4.5% in 2009 with sharper than average declines experienced by some industrialized countries and growth in a number of East Asian countries. Provisional data indicates that 155,900 international patent applications were filed in 2009 as compared to the

nearly 164,000 applications filed in 2008. Asian countries continued to enjoy positive growth in spite of the challenging global economic conditions. Japan, the second largest user of the PCT, experienced a 3.6% rate of growth with 29,827 applications; the Republic of Korea, ranked fourth largest user of the system, experienced 2.1% growth with 8,066 applications; and China became the fifth largest PCT user with a strong growth rate of 29.7% representing some 7,946 international applications. IBM TOPS IN SECURING US PATENTS IN 2009 IBM Corporation topped the list of corporate patent issuers in 2009 for the 17th year in a row and has emerged as the world's most inventive firm by securing 4,914 US patents in 2009. With a record number of patents, IBM nearly quadrupled HewlettPackard's number of patents (1,273) and exceeded the combined issuances of Microsoft, Oracle, Apple, Accenture, Google and HP. BIOSANTE PHARMACEUTICALS RATED AMONG TOP 15 COMPANIES Bio-Sante Pharmaceuticals Inc has been ranked 15th on The Patent Board's list of the top 67 biotechnology companies as determined by an assessment of the overall quality of each company's patent portfolio. INDIA'S INTERNATIONAL PATENT FILING DIPS The economic slowdown has had an impact on India's international patent filings under World Intellectual Property Organization's (WIPO) Patent Cooperation Treaty (PCT). Provisional data released by WIPO indicates that there has been a sharp drop in India's patent filings in 2009 by 29%. In 2009, India's patent application filing is at 761 against 1,070 in 2008. DELHI HC DIRECTS PEPSICO INDIA TO REMOVE LOGO The Delhi High Court directed the cola giant, PepsiCo India, to remove the picture of a snowcapped mountain from its packaged mineral water product Aquafina as it gives a misleading impression that the product is straight from the mountains.

VENUS REMEDIES BAGS PATENT FOR VANCOPLUS 'Venus Remedies,' research based pharmaceutical company located at Solan has got the patent for its product Vancoplus through Companies and Intellectual Property Registration of South Africa and New Zealand. The product Vancoplus is used to combat methilicillin resistant Staphylococcus aureus (MRSA), the most notorious and troublesome pathogen. Vancoplus is an ideal therapy for bacterial meningitis and other bacterial infections. Meningococcal disease is responsible for about 135,000 deaths globally each year, with over one million cases.
Source: India Patent News, Indian Express.

5. UPDATES OF HPPIC
Establishment of IPR Facilitation Centre for Small, Medium for Micro, Small & Medium Enterprises at State Council for Science, Technology & Environment, Himachal Pradesh with the support from Ministry of MSME, GOI. The funds granted are 40.0 L. The project is aimed at Enhancing awareness of MSMEs about their IPR rights, Capacity building of MSMEs to protect their ideas, innovations & business strategies, Identifying IPR needs of selected MSME clusters , Extending technical, financial & legal support to MSMEs for protecting their IPR rights and Suggesting Policy Decision related to cluster specific needs. Recruitment of two Project Scientists under IPR Facilitation Centre for MSMEs Awareness Workshop on Intellectual Property Rights at NIT Hamirpur for Engineering Students & Faculty in January 2011 Awareness workshop on Intellectual Property Rights for Artisans of kangra paintings in the State in March, 2011. Filing application for registration of kangra paintings under Registration and Protection of Geographical Indications of Goods Act, 1999. Celebration of IPR Day in April, 2011 Brainstorming Session on Post GI registration Scenario: Opportunities & Challenges in May, 2011

4. WORLD INTELLECTUAL PROPERTY ORGANIZATION (WIPO)

The World Intellectual Property Organization (WIPO) is a specialized agency of the United Nations dedicated to developing a balanced and accessible international intellectual property (IP) system, which rewards creativity, stimulates innovation and contributes to economic development while safeguarding the public interest. WIPO was established by the WIPO Convention in 1967 with a mandate from its Member States to promote the protection of IP throughout the world through cooperation among states and in collaboration with other international organizations. Its headquarters are in Geneva, Switzerland. The present Director General is Francis Gurry. There are currently 184 Member States, i.e. over 90 percent of the countries of the world . The mandate of WIPO is follows : Developing international IP laws and standards Delivering global IP protection services Encouraging the use of IP for economic development Promoting a better understanding of IP Providing a forum for debate
Source : http://www.wipo.int., Http://en.wikipedia.org

In editorial
Dr. Nagin Nanda, IFS
Member Secretary

CEO Editor

Sh. E. Vikram , IFS Joint Member Secretary Dr. Alka Sharma Scientific Officer Shashi Dhar Sharma Senior Scientific Assistant

Coordinator

Project Scientist