INTRODUCTION TO INTELLECTUAL PROPERTY RIGHTS (IPR)

y Intellectual Property (IP) is defined as any "original creative work manifested in a tangible form that can be legally protected y Right associated with intellectual property which gives legal protection is referred to as IPR. y When we speak of IP rights, we refer to controlling the way IP is used, accessed or distributed.

Introduction to Intellectual Property Rights (IPR)

y Patents, Trademarks, Geographical Indications and Industrial Designs, Copyright, etc y Protected through law like any other form of property y Can be a matter of trade, i.e, it can be owned, bequeathed, sold or bought y Intangibility and non-exhaustion by consumption

Why are IP assets important ?

y Its creation is both time and cost intensive
y Requires an assembled trained workforce for its creation y Requires building of goodwill through advertising

programs

y Generates customer loyalty y Adds to commercial value of organization y Its exploitation brings consistent additional profits to an

organization

Why IP infringements happen?

y Higher the R&D expense, higher the pricing premium and larger is the menace of infringement y Variant products developed by spurious sellers and sophisticated reverse engineers y Method of funding the commercial research y Over-engineering the product

International Purview
y India is a member of World Intellectual Property Organization (WIPO) y Department of Industrial Policy & Promotion : Nodal Department y India is a member of:
Paris Convention for the Protection of Industrial Property of 1883 y Berne Convention for the Protection of Literary and Artistic Works of 1886 y Patent Cooperation Treaty (PCT)
y

International Purview (contd.)

y India is also a member of the World Trade Organization (WTO) y Compliance with the obligations contained in the TRIPS Agreement and amended/enacted IP laws y Bilateral cooperation agreements (MoUs) have been entered into with UK, France, USA, Japan and European Patent Office

Structure of IP Offices in India

IP- Duration of Term of Protection

y Patents (20 years) y Trademarks (10 years + renewals) y Copyrights in published literary, dramatic, musical, and artistic works

(Lifetime of author +60 years).

y Copyright in photographs ,cinematographic film, sound recordings

(60 years from year in which it was published)

y Broadcast reproduction right-(25 years from the beginning of the y Industrial designs (10 years+ renewal permitted once for 5 years )

calendar year next following the year in which the broadcast is made.)

y Trade-secrets and know how collectively proprietary technology.

IP adds value at every stage of the innovation and commercialization process

Patents / Utility Models

Industrial Designs Trademarks

Trademarks, Ind. Designs, Geo. Indications

Invention Financing Literary / artistic creation Product Design

Commercialization Marketing Exporting Licensing

Copyright

All IP rights

Domestic Laws related to IPR

The Copyright Act 1957 The Patents Act 1970 The Trademarks Act 1999 The Designs Act 2001 The Patents Rules 1972 The Copyrights Rules 1958 The Design Rules 2000 The Trade Rules 2001 The Geographical Indications Act 1999 The Semiconductors Integrated Circuits Layout-Design Act, 2000 y The Information Technology Act 2000
y y y y y y y y y y

Domestic Laws related to IPR (contd.)

y Department of Industrial Policy and Promotion
y

Concerned with legislations relating to patents

y Intellectual Property Appellate Board

Responsibilities:
IP Legislations y Copyright is protected through Copyright Act, 1957, as amended in 1999 administered by the Department of Higher Education y Protection of test data for obtaining marketing approvals
y

Indian Copyright Act:

y Copyright may subsist in creative and artistic works (e.g. books, movies, music, paintings, photographs, and software) and give a copyright holder the exclusive right to control reproduction or adaptation of such works for a certain period of time (historically a period of between 10 and 30 years depending on jurisdiction. y Paris Act of 1971 of the Berne Convention y Rules defined in Articles 1 to 21 along with Appendix in constitution of Berne Convention

5 Exclusive Rights of a Copyright ownership

y Section 14 Copyright Act,1957 y To fix information in any tangible form y To reproduce copyrighted work y To sell, rent, lease or otherwise distribute copies y Perform and display copyrighted work y To prepare derivatives of a copyrighted work.

Types of Copyright Infringement

Direct Infringement It is wholesale reproduction and distribution of Copyrighted works

Contributory Infringement

It occurs when someone knowingly encourages infringing activity

Vicarious Infringement

When for financial benefit the operator in spite of his ability to control and check infringements deliberately restrains from checking the users from committing such acts-

Legal remedies-Copyright infringements

There are three types of remedies against copyright infringement

Civil

Criminal

Administrative

y Sections 54 to 62 deals with civil remedies for infringement of copyright.

Civil remedies include injunction, damages and accounts, delivery of infringing copies and damages for conversion. y Costs: The costs of all parties in any proceedings in respect of the infringement of copyright shall be at the discretion of the court.

Copyright Infringement
Civil Remedies:  Damages  Account of profit  Delivery of infringing copies  Damages for conversion Criminal Remedies:  Imprisonment of the accused or imposition of fine or both  Seizure of infringing copies Administrative remedies:  Administrative remedies consist of moving the Registrar of Copyrights to ban the import of infringement is by way of such importation and the delivery of the confiscated infringing copies to the owner of the copyright and seeking the delivery.

Patents:
y Any inventions, whether products or processes, in all fields of technology without discrimination, subject to the normal tests of novelty, inventiveness and industrial applicability y Article 27 y The filing of patent applications has increased from 4824 in the year 1999-2000 to 28,882 applications in the year 2006-2007. y The number of applications examined has gone up to 14,119 in 2006-07 against the figure of 2824 in the year 1999-2000

Legal remedies for infringement of Patent

y Indian Patent Act-Section 108 y Injunction y Damages or account of profits y Infringing goods and materials be destroyed. y Suit be filed in district court or high court having

original civil jurisdiction

Trademarks
y Any si n, r any c inati n f si ns, ca a le f istinguis ing t e goods and services of one underta ing from t ose of ot er underta ings, must e eligi le for registration as a trademar , rovided t at it is visually erce ti le y 3.3 la 3 years years y

trademar certificates ere issued during t e last ereas only 1. 5 la mar s ere registered in

ene al of rademar s certificates are now eing done instantaneously in clear cases and new a lications are examined wit in one wee .

y As against only , 1 registrations in 1 -2 , 13 times more s were registered in 2 - 7, t at is, 1 ,3 1.

Geographical Indications:
y Geographical Indications is a name or sign used on certain products

which corresponds to a specific geographical location or origin (e.g. a town, region, or country) September, 2003.

y 39 Geographical Indications products have been registered since y These include 1. Darjeeling Tea, 2. Chanderi Saree, 3. Pochanpally Ikat, 4. Solapur Chaddar, 5. Mysore Silk, 6. Kullu Shawl, 7. Bidriware, etc.

Geographical Indications of Goods Infringement

y Relief

In case false geographical indication is established, it carries penalty with imprisonment for a term which shall not be less than six months but which may extend to three years and with fine which shall not be less than fifty thousand rupees but may extend to two lakh rupees.

Designs:
y The designs entitled to protection are new and original

designs having aesthetic value which have not been previously known or published in India or elsewhere.

y The filing of applications for Design has increased from 2874 in 1999-2000 to 5372 in 2006-07. y The number of applications examined has also gone up to 5179 in 2006-07 against the figure of 2067 in 1999-2000. y The number of Designs registered has also increased from 1382 in 1999-2000 to 4431 in 2006-07.

Design Infringement
y Relief
The judicial remedy for infringement of a registered design recommended in the Act is damages along with an injunction. Section 22(2) stipulates remedy in the form of payment of a certain sum of money by the person who pirates a registered design. A suit in the appropriate manner for seeking the relief in the form of an injunction is also recommended

Department of Industrial Policy and Promotion (DIPP) and Intellectual Property Rights (IPRs):
y

DIPP is concerned with legislations relating to Patents, Trade Marks, Designs and Geographical Indications. These are administered through the Office of the Controller General of Patents, Designs and Trade Marks (CGPDTM), subordinate office, with headquarters at Mumbai as under: The Patents Act, 1970 (amended in 1999, 2002 and 2005) through the Patent Offices at Kolkata (HQ), Mumbai, Chennai and Delhi. The Designs Act, 2000 through the Patent Offices at Kolkata (HQ), Mumbai, Chennai and Delhi The Trade Marks Act, 1999 through the Trade Marks Registry at Mumbai (HQ) Chennai, Delhi, Kolkata and Ahmedabad. The Geographical Indications of Goods (Registration & Protection) Act, 1999 through the Geographical Indications Registry at Chennai.

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Impact of Modernization
y
y y

Patents
Filing of patent applications has increased tremendously Scope of patentability is questioned many a times

y
y

Trade marks
Applications examined within a week

y
y

Geographical Indications
39 GI products have been registered since 2003

Current Issues
y Establishment of NIIPM at Nagpur
y Institute will perform training, education, research and think

tank functions.

y Modernization of IP Offices
y Awareness generation activities and accession to international

treaties & conventions

y Madrid Protocol on Trademarks y ISA and IPEA

y Seek recognition for the Indian Patent office

Conclusion and Future ahead

y Currently IPR laws are still not within the ambit of

the Customs Laws.

y Protection of Undisclosed Information (Trade

Secrets) is still not within the ambit of Customs Laws. Section 11(2) and has to be amended.

y Training courses to sensitize Customs officers y Laws have to be amended relating to prevent illicit

manufacturing of counterfeit goods.

Conclusion and Future ahead (contd.)

y Training courses to sensitize customs officers on

IPR and their role in enforcing IPR at borders to be organized on a large scale
y Amendments needed under Copyrights Act, Trade

Marks Act and other IPR laws to empower Central Excise officers

Thank You..!!