Indian Intellectual Property Rights

A Presentation

By Anurag saraogi

A NEW ERA FULL OF CHALLENGES & OPPORTUNITIES in IPR, INNOVATION & PATENTING

INDIA / INDIANS
Will overcome the ongoing state of confusion & will move on to the centre stage of action on innovative research & patenting as well as practice of all forms of Intellectual Property.

What is wrong with Indians ?

38% 12% 36% 34% 28% 17% 13% of of of of of of of doctors in USA are Indians scientists in USA are Indians NASA scientists are Indians Microsoft employees are Indians IBM employees are Indians INTEL scientists are Indians XEROX employees are Indians

Wealthiest ethnic group in USA

(3.22 millions / 1.5% of population)

CEO of
CITIBANK MCKENSEY STANCHART

Victor Menezes

Rajat Gupta

Rana Talwar

Microsoft Testing Director Sanjay Tejwrika GM of Hewlett Packard Rajiv Gupta President of AT&T-Bells Labs Arun Netravalli Founder & Creator of Hotmail Sabeer Bhatia Third richest man on the world Azim Premji (Sultan of Brunei gone to 6th position) Creator of Pentium Chip Vinod Dahm Co-founder of Sun Microsystems Vinod Khosla The decimal system developed in India 100BC Sushruta is the father of surgery 2000years ago Aryabhatta invented Zero

Property
Intangible Right

Tangible

Idea Expression Copyright

Trademark
Innovation Quality / Identity

Invention
Patents Trade Secrets

Property Right INTELLECT PROPERTY RIGHT Idea Expression Copyright Idea Innovation Invention Patent Idea Quality + Identity trademark Idea appearance design Idea keep confidential no disclosure Trade Secrets

Intellectual Property Rights

Copyrights Trademarks Patents Industrial Designs (+ I.C. layouts) Trade Secrets (confidentiality agreements) Geographical indications Anti-competitive practices (in contractual licences)

Respective Legislations in India

Patents - Patent Act, 1970 (+ amendments) Design - The Design Act, 1911 Trademarks Trade & Merchandise Marks Act, 1958 + 1999 Copyrights The Copyright Act (1957 as amended from time to time) Layout Design of Integrated Circuits, Geographical Indications, Convention on Biodiversity etc. - Bills are passed in Parliament follow up in progress

TRADEMARK (BRANDNAME)

Design (Packing Format + Style)

Product

Copyright (printed matter & manner of presentation)

G.I.

PATENT Trade Secret (novel formulation Know-how process/combination)

Authorities in India
Controller General of Patents, Designs and Trademarks under Department of Industrial Development, Ministry of Industry __________________________

Copyrights registration Under Ministry of HRD/Education

International Organizations & Treaties

GATT / WTO WIPO PCT BUDAPEST TREATY STRASSBOURG AGREEMENT (IPC) USPTO 35 USC EPO / EPC

TRIPs PARIS CONVENSION PLT (TRIPS COUNCIL)

GEOGRAPHICAL INDICATION
Geographical Indications of goods are defined as that aspect of industrial property which refer to the geographical indication referring to a country or to a place situated therein as being the country or place of origin of that product. Typically, such a name conveys an assurance of quality and distinctiveness which is essentially attributable to the fact of its origin in that defined geographical locality, region or country.

GEOGRAPHICAL INDICATION
India, as a member of the World Trade Organization (WTO), enacted the Geographical Indications of Goods (Registration & Protection) Act, 1999 which is likely to be operationalized soon with the notification of the Rules. Geographical Indications of Goods (Registration & Protection) Act, 1999 Geographical Indications of Goods (Registration & Protection) Rules, 2002

GEOGRAPHICAL INDICATION
What is a Geographical Indication ?
It is an indication It originates from a definite geographical territory It is used to identify agricultural, natural or manufactured goods The manufactured goods should be produced or processed or prepared in that territory It should have a special quality or reputation or other characteristics

GEOGRAPHICAL INDICATION
Examples of possible Indian Geographical Indications Basmati Rice Darjeeling Tea Kanchipuram Silk Saree Alphanso Mango Nagpur Orange Kolhapuri Chappal Bikaneri Bhujia Agra Petha Goa Feni

Geographical Indications as Certification Marks

Geographical indications can be protected through a trademark system: As certification marks or; As collective marks.

Certification Marks
A certification mark is a type of trademark which indicates to consumers:
1) geographic origin of a product; 2) materials used, quality, method of manufacture, and accuracy; or 3) products made under the auspices of, or by members of, a specific trade union or organization.

Collective Marks
Indicate membership in a group or organization. Can also identify group members.

Proprietors of collective marks can exclude people from using the mark.

WHAT CANNOT BE PATENTED IN INDIA

SECTION 3
CONTRARY TO NATURAL LAWS CONTRARY TO MORALITY MERE IDEA/DISCOVERY MERE ADMIXTURE

METHOD OF TESTING ?
NEW USE OF A KNOWN MATERIAL METHOD OF AGRICULTURE PROCESS OF TREATING HUMAN BEINGS OR ANIMALS

SECTION 4
ATOMIC ENERGY

SECTION 5
SUBSTANCES USED AS FOOD, MEDICINE OR DRUG

PATENTS
India http://www.patentoffice.nic.in Patent Act, 1970 Patent Rules, 1972 Patent (1st Amendment) 1999 Patents

PATENTS
Patent (Amendment) 2002 Act Patent Rules 2002 (Draft) Patent Rules 2002 (expected to be announced shortly & to be effective from 1st April 2003)

Patents (Amendment) Act, 2002

Highlights
Duration of Term of Patent - Extended to 20 years For all process/product including currently valid patents

Highlights (contd..)
Invention/inventive step Scope widened definitions as per TRIPs

Micro organisms mathematical or business method or computer program with applications/ utility (except by itself) traditional knowledge

Highlights (contd)
Traditional Knowledge - Excluded (as such) from Patentability
PCT - Provisions & Procedures introduced

Depository for Biological - Budapest Treaty compliance

Highlights (contd)
Compulsory Licence Provisions specified and defined (with and without 3 year restriction) includes Doha Declaration - Deleted - open for negotiation - taking into account the economic value of the use of the patent - not more than adequate remuneration

Licence of Right Quantum of Royalties

Highlights (contd)
Waxman-Hatch Type - Regulatory approval related provision / working during life of patent without restriction allowed
- In case of process patent

Reversal of burden of proof

Parallel Imports

- Incorporated

Provisions

Highlights (contd)

Publication

- On 18 months (DOA or DOP)

Examination

- Only on request (48 months)

Appellate Board - introduced

WHY PATENTS ?
- Rewards to Inventor - Motivates / stimulates inventive research - Encourages maximum disclosure to enable further research and technology development

DESIGNS
The existing legislation on industrial designs in India is contained in the New Designs Act, 2000 and this Act will serve its purpose well in the rapid changes in technology and international developments.

This replacement Act is also aimed to inact a more detailed classification of design to conform to the international system and to take care of the proliferation of design related activities in various fields.

TRADEMARK
A trademark provides protection to the owner of the mark by ensuring the exclusive right to use it to identify goods or services, or to authorize another to use it in return for payment. The period of protection varies, but a trademark can be renewed indefinitely beyond the time limit on payment of additional fees. Trademark protection is enforced by the courts, which in most systems have the authority to block trademark infringement

TRADEMARK
What kinds of trademarks can be registered ? The possibilities are almost limitless. Trademarks may be one or a combination of words, letters, and numerals. They may consist of drawings, symbols, three-dimensional signs such as the shape and packaging of goods, audible signs such as music or vocal sounds, fragrances, or colors used as distinguishing features. In addition to trademarks identifying the commercial source of goods or services, several other categories of marks exist. Collective marks are owned by an association whose members use them to identify themselves with a level of quality and other requirements set by the association. Examples of such associations would be those representing accountants, engineers, or architects. Certification marks are given for compliance with defined standards, but are not confined to any membership. They may be granted to anyone who can certify that the products involved meet certain established standards. The internationally accepted ISO 9000 quality standards are an example of such widely recognized certifications.