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Intellectual Property Rights and
Universities
Dr.G.B.ReddyProfessor
University College of Law Osmania University
Hyderabad-7
10/21/22 2
“For more than a century, the World’s Wealthiest human being has been associated with oil. Now he is a knowledge worker ’’
-Lester C. Thurow “Imagination is more important than knowledge” -Albert Einstein
(IP is based on the power of imagination)
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Civilization-Sunrise of Knowledge
17th century-Scientific Revolution18th Century-Political Revolution19th Century-Industrial Revolution20th Century-Information Revolution21st Century-Knowledge Revolution
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Meaning of Intellectual Property
A kind of intangible property Creation of human mind/mental labour Includes all rights resulting from
intellectual activity in scientific,industrial, literary, or artistic fields
E.g.,Patents,Copyright,Trademarks,Designs,GIs Traditional Knowledge etc. Covers-chemical,information and
biotechnology Transnational in character Confers limited monopoly rights on
creators/owners
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IPRs - Duration of Protection - Registration
Patent 20 years Compulsory
Plant varieties 18 years Compulsory
Copyright Life & 60 years OptionalTrademark 10 years & renewable OptionalDesigns 10+5 years Compulsory
Trade secrets As long as kept No registrationIntegrated Circuits 10 years CompulsoryGIs 10 years + renewal Compulsory
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WIPO Definition of IP IP Includes rights relating to - literary, artistic and scientific works - performances of performing artists, phonograms,and broadcasts - inventions in all fields of human endeavor - scientific discoveries - industrial designs - TMs, SMs and Commercial Names & designations & - Protection against unfair competitionresulting from intellectual activity in industrial, scientific,
literary or artistic fields
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Classification ofIntellectual Property
Industrial Property
Industrial Property
Literary Property
Patents
Trademarks
Industrial designs, etc.
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PatentsProtect inventionsInventions-Novel, Useful & Non-obvious
Term of Protection-20 YearsProduct & Process patents-Indian Position
Availability-National & International Protection
Rights-Not absoluteTools of business
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Protection of New Plant VarietiesProtection – available to new & improved varieties of plant
International Convention for Protection of New Varieties of Plants,1991-enables protection of plant breeders rights
Indian Law- the Protection of Plant varieties and Farmers’ Rights Act,2001
Enables registration and protection of new varieties subject to –Novelty, Distinctiveness, Uniformity and Stability (NDUS)
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Trademarks
Include-T.Names,Service MarksPurpose- Distinguishing Goods &Services,Standard, Advt. & Goodwill, Consumer Protection
Registration-Not compulsoryCoca-Cola-Costliest Brand in WorldInclude-Domain NamesProtection-Initially 10 years
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Top Brands in the WorldTop spot in2005 -Coca-Cola, with value of US $ 67.5 billion, a sum that approximates to 50 % of the stock market value of Coca-Cola Company
Next come Microsoft, IBM, GE, Intel, Nokia, Disney, McDonald’s, Toyota and Marlboro; these brands make up the world’s "top ten" by value.
top ten brands cover -family names, like Disney and McDonald’s; initials, like IBM and GE; semi-descriptive and "associative" names, like Microsoft and Intel; and abstract names, like Nokia and Marlboro.
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Industrial Designs
Ornamental or aesthetic aspects of an article
Make an article attractive and visually appealing
Registered and protected for 10+ 05 years Owner of a registered industrial design -
has exclusive right against unauthorized copying or imitation of the design
A cell phone’s size, shape, color and overall look owes its look to industrial design.
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Geographical Indications
Apply to particular products having particular characteristics closely identified with, and due to their geographic place
Refer to Indications of Source and Appellations of origin
Best examples -Swiss Chacolates, Champagne (Sparkling wine), Florida oranges, Roquefort cheese, Tuscany olive oil, China silk, Mysore Silk, Pochampally sari , Bidriware, Mysore sandalwood soap , Kullu shawl ,Tirupati Laddu etc
Apply to Goods-Agricultural,Natural and Manufactured
Joint IP of stakeholders
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CopyrightLiterary Property includes Copyright and Neighbouring/related Rights
Protects literary, artistic, musical,dramatic works and computer works apart from photographs and cinematograph works
Protects expression of an Idea• Initially vested in authors (creators)• Means a bundle of rights relating to reproduction, issue of copies, performance of work in public, translation, adaptation etc.
• Registration not compulsory
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Subject-Matter of Copyright ProtectionLiterary works (including Computer Programs)
Dramatic worksMusical worksArtistic worksSound RecordingsFilmsBroadcastsCable Programmes etc
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Rights of Authors Economic rights- including right to reproduce work,to
issue copies to public,to make cinematograph film/sound recording,to perform work in public,to translate/make adaptation of work ( Sec.14)
Resale share right in original copies,if price exceeds Rs.10,000/-(sec.53-A)
Moral rights (independent of author’s copyright and even after its assignment)
-paternity rightpaternity right ( ( to claim authorship of work) -integrity rightintegrity right ( to restrain/claim damages in
case of distortion/mutilation,modification prejudicial to authors’ honour or reputation) (Sec.57)
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Neighbouring Rights (Chapter VIII,Sec.37 to39-A) Subject matter of rights (1) Sound
Recordings/cinemas (2) Performances * Beneficiaries of Rights -Broadcasting Organisations -Performers * Include -Broadcast Reproduction - Rights (25 years)- -Performers’ Rights (50 years)- Also called Related Rights
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Relevant I.P.Law in IndiaThe Copyright Act,1957 (as amended in 2012)
The Patents Act,1970 ( as amended in 1999,2003 & 2005)
The Trade marks Act,1999The Plant Varieties & Farmers Rights Protection Act,2001
The Designs Act, 2000 The Geographical Indications of Goods(Registration & Protection)Act,1999 etc
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Nexus Between IPRs and UniversitiesUniversities- places where creative minds converge, new ideas germinate &advances in knowledge are brought about
Sources of new knowledge and skills, and a space for creativity and innovations
Expected to document knowledge and information, facilitate inventions and innovations ,create all forms of IPRs, generate wealth for the university and nation
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Present Status of UniversitiesDistance between theoretical and practical aspects of programmes offered
Fragmentation/cubicalization of knowledge into pockets as medicine, engineering and technology
Indifference on part of universities to local knowledge
Divide between research bodies and universities
Increasing tendency to treat teaching and research as separate bodies
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The Bayh-Dole Act,1980 -The US ExperiencePosition before 1980 – wide gap between universities and the industry in the area of research and development
Discovery by US Government that many inventions resulted from federal funding, could not become marketable products for lack of additional investments needed
In 1980, US Government held 28000 patents yet <5% were licensed to industry for development as commercial products
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The Bayh-Dole Act,1980 -The US ExperienceEnactment of the Bayh-Dole Act,1980Object-to use the patent system to promote utilization of inventions arising from federally funded research or development
Before 1981- US universities sought & received <250 patents annually
A decade later -the average increased to 1600 and 80% came from federally funded research
In 1992- 200 universities had at least one patent granted annually
Impact-Academic and research institution have become keen seekers of patents
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Universities and IPRs -Present scenarioNo IPR policy for majority of universities
No proper documentation of IP created in Universities
No facilitation for managing the IP created in universities
No incentives to creators and inventors
No/negligible interaction between universities and industry (on contrary –ref. to SIDBBI Innovation and Incubation Center at IIT, Kanpur)
No law in India like the Bayh Dole Act of USA
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IPR & future agenda for Indian Universities Evolution of IPR policy for every university Proper documentation of IP created in universities
& management of IP [like TKDL] Identifying creators and circumstances of creation Constitution of IP Cell / Center as nodal agencies
to interact with industry Need to expedite enactment of “the Protection and
Utilization of Public Funded Intellectual Property Bill,2008”
Follow recommendation of NKC led by Sam Pitroda- “Educational efforts on IPR must go beyond the IP offices and reach out to scientists and engineers working in national research institutes, universities, industry, the Bar, as well as to researchers and students, not just in the metropolitan areas but also in the smaller towns and rural areas of the country.”
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The Protection and Utilization of Public Funded Intellectual Property Bill,2008- Basic Features Protection and Utilization of IP resulting from Public
Funded research Agreement between Central Govt, Recipient (university) & Creator
of IP Disclosure of public funded IP to Govt. within 60 days Vesting of title of public funded IP in recipient or Govt. No assignment of public funded IP to anyone without prior
permission form Govt.-preference to national industry Duty of IP creator to disclose to recipient Constitution of IP management Committee in recipients Sharing of Royalties/income -30% to creator-30% IP mgmt
Committee-rest by recipient for other research purposes No application to IP generated out of scholarship,
fellowship or grant given by Govt. primarily for educational purposes
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Intellectual Property –A Power Tool for Economic GrowthThe continuum from problem ➔ knowledge
➔ imagination ➔ innovation ➔intellectual property ➔ the solution, in the form of improved products and new technologies, continues to be a powerful driver for economic development.
the accumulation of knowledge is the driving force behind economic growth… Paul Romer,renowned economist
Romer’s theory suggests that for countries to promote growth, their economic policies should encourage investment in new research and development (R&D) and subsidize programs that develop human capital.
IPRs and Academic ResearchIP AwarenessUnderstanding economic value of research
Legal aspects of researchIndustrial potential of research
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10/21/22 ASC,OU 28
Popular misconceptions about Copyright Copyright is compulsorily registrable Copyright protection is the concern of
individuals only Complaints can be lodged at the
accused/defendant’s place only Tracking/tracing owner of copyright to adduce
evidence of infringement is essential Any non-profit use is permissible Fair Use/dealing always is a better defence.(See
Ss.51752 of Copyright Act 1957)
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Tips for Writers/teachersAcknowledgment-safest &professional courtesy
Quote little and quote accuratelyAvoid plagiarismCreate original works [originality of expression]
Reserve and register your worksBe careful about contracts
Plagiarism Issues in Academic ResearchFair Dealing/ Fair Use Exception: allows the use of a copyrighted work for (1) reporting of current events and current affairs, (2) criticism and review, and (3) private or personal use, including research
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Need of the Hour
Demystify the IPRs - Understand them- Create them- Identify them- Document them- Register them- Exploit them; and- Protect them
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