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IPR CONCEPT, TYPES, APLLICATION IN FOOD INDUSTRIES,
GLOBAL AND INTERNATIONAL ISSUES
BYP.VASUDEV NAIK
Ph. D (Hort.)
IPRITK
‘Commercial and Sustenance Farming’
‘Competitiveness and Sustainability’
The Developed-Developing Divide
Plato (400BC)
Virtue … unity … community … abolish the private.The Republic
Plato (400BC) Aristotle (350BC)
Virtue … unity … community … abolish the private.
Wrong objective and impracticable:
The roots of evil are in men’s (sic) inherent wickedness.
Aristotle, Politics
The Contribution of the RomansThe Romans embedded property rights (dominium) into elaborate laws.
The Middle-AgesSelf-denial…
Property is the source of evil, capable of corrupting the soul and leading to sin.
Ciborium of S. Giorgio in Velabro, Italy,with frescoes of Cevallini.
St. Augustine of Hippo (400 AD)A property-less society can only exist in Paradise.
It requires perfection to succeed.
Monarch of Medieval Europe Issues First Monopoly
The Venetian Republic grants monopoly in 1443 to conveyor belt inventor (Inventor Bylaws, 1474).
The British Crown follows in 1623 (Statue of Monopolies).
Effects of the introduction of PVP
50
100
150
200
250
300M
illio
n U
S$
2001 = US$ 262 million
1930 1940 1950 1960 1970 1980 1990 2000
UPOV membership (1981)
Utility Patents on Plants (1986)
Hybrids begin to spread
PVP Act (1970)Plant Patent Act
(1930)[asexually propagated plants]
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DA
, var
ious
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Yield index of major crops (1930 = 1.0)
Private sector investmentsinto corn breeding (excl. biotech(US$, millions, 2000 equivalent)
BEST INTELLECTUAL CAPITAL IN INDIA
Jack Welch, the CEO of General Electric (GE) during the inauguration of GE’s 1000 Ph.D. R & D Centre in Bangalore said:
“ India is a developing country.
But it is a developed country as far as its intellectual capital is concerned.
We get the best intellectual capital hereThanks to the amazing quality of Indian mind”
TAJ MAHAL AND IPR ?• Since centuries, people have tried to safeguard their
investment in creations that are somehow unique or provide some unique value.
• It is said that the emperor shah jahan instructed his soldiers to chop off the hands of the craftsmen who build Taj Mahal so that they could never create another monument like Taj Mahal.
• the creation of the product (Taj Mahal) was based upon the innate knowledge or human skills.
Why propertisation!!!
GEORGE WASHINGTON CARVER: PLANT WIZARD
•Had private laboratory:“God’s little workshop”• Made 24 brand - new products such as butter, oil, dye, cosmetics, grease, ink, and so on, from peanut •From the leaves, roots, stems, and fruits of 28 species he made 536 separate dyes.[49 were made from grapes]did not take any patents on his ideas—Replying to the idea of taking patents and making profit,said:
•“God did not charge me or you for making Peanuts. Why should I profit from their products?”
GILLET’S MACH - 3• Every morning while shaving, many use Gillet’s Mach-3
Razor.
• Have you ever wondered why there are no other 3-blade razors in the market?
• The answer is: A strong set of 35 patents protect the 3-blade razor of Gillet.
• These 35 patents deter the competitors to enter the 3-blade razor market.
SMALL IS BEAUTIFUL -----SMALL IS BOUNTIFUL ALSO
Paper Clip:
This was invented in 1867 In different forms, this simple paper clip has
400 patents The License Value of all these Patents is
Rupees 368 crores
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CERTAIN PATENTED INVENTIONS ARE SIMPLE BUT VALUABLE
The modern paper clip was patented (US 636,272) on Nov’ 9, 1899 to William D. Middlebrook of Waterbury, Connecticut.
Cushman and Denison purchased the Middlebrook patent in 1899. trademarked the name "GEM" for their new paper clip. wonder of simplicity and function
WHY IT WAS NOT INVENTED EARLIER? For centuries, straight pins, string and other materials were used as fasteners, but they punctured or damaged the papers.
Even now, this invention works and popularly referred to as GEM CLIP.
Intellectual property• Intellectual property is the term that describe the idea,
Inventions, technology , artwork, literary and symbols, names, images, and designs which are intangible when created but become valuable in tangible form as products.
or• IP can be broadly defined as creation of the mind.
• Intellectual property rights (IPRs)- refers to legal rights over inventions to exclude its unauthorized commercial use by others.
Why does IP need protection?• Generation of IP involves huge investment in terms of money,
talent, time and manpower & hence it is important to protect it in order to prevent duplication by others & to have ownership or exclusive rights over it.
IPRs needed for number of reasons.
• To reward our own scientist and technologists for their endeavors.
• To provide a commercial orientation to our indigenous R & D.
• To create a climate for continuous innovation.
© Jim Lavrakas, 2000.
five IPRs systems are more related to Horticulture These are:
• Patents, • Trade Marks, • Trade secrets • Geographical Indication• Plant Variety Protection and Farmers Right,
• What is patent?• A patent is a temporary government-granted monopoly right on something
made by an inventor.
or• patent is a grant - For an invention - By the government - To the inventor - In exchange for full disclosure of the invention - To exclude others to exploit the invention for commercial success - For a limited period• There are actually various kinds of patents. • Utility patent-which protects inventions. • Design patents - protect new, original and ornamental designs of articles of
manufacture.• Plant patents-which are granted to anyone who invents or discovers and
asexually reproduces any distinct and new variety of plants.
standard patents may be used to claim exclusionary rights in
• New varieties of plants,• Transgenic plants,• Plant parts,• Plant components (e.g. specific genes or chromosomes),• Plant products (e.g. fruit, oils, pharmaceuticals),• Reproductive material (e.g. seeds or cuttings),• Plant breeding methodologies, and• Vectors and processes involved in the production of
transgenic plants.
India’s patent law It is important to remember
• A patent has a time limit (20 years)
• A patent has a geographical limit
• A patent is restricted to the claims made in the application
Patent searching……..
• Patent are country specific
• Find out whether an invention is patentable
• Databases are available for searching on-line-many contain patent applications as well as granted patents.
Purpose of patent system
• To encourage research and promote the inventive genius.
• To secure investors awards for investing useful invention
• To give protection to investors by conferring them a monopoly from commercial exploiting their invention
• To induce industries to undertake research and development
• To maintain a flow of inventions, one invention leading to another
• Increase both qualitatively and quantitatively, the production potential in country, by creating new processes and new methods in production of goods and services.
Trademark• Any word, phrase, designs or symbol used by manufactures or
sellers to identify goods and distinguish them from the goods of others.
• Throughout history makers of goods have put their names or others marks on things they produce.
• Valid period for TM is 10 years and it can be renewed
FAKE… itz the new REAL!
Trademark:• EX:• McDonald's double arches, • NBC's peacock style design, • Apple Computer's Apple. • Apple's discontinued Cyberdog: • Sun Microcomputer, Inc.'s Duke • Combination of words and designs
• apple – for computers is arbitrary
• apple-a-day– on vitamin tablets is suggestive
• tomapple – for combination of tomato-apple
juice is descriptive• apple
– for apple is generic.
HUSH PUPPIES• The history of the Hush Puppies name is also a slice of Americana. Jim
Muir, the company's first sales manager, was traveling in Tennessee with this new-yet-unnamed line of men's and women's comfortable suede casual shoes. He stopped for dinner at a friend's house for a fried catfish dinner. His friend served hush puppies - fried cornmeal dough balls-with the catfish. When he asked where they got their name, he was told that farmers "use them to quiet their barking dogs." Jim laughed because in the 1950s "barking dogs" was an expression for tired, sore feet.
Jim had an interesting idea...and that very day the comfortable shoes that soothe aching feet became "Hush Puppies." The Hush Puppies brand and famous Basset Hound logo soon became a part of American folklore. The history of Wolverine World Wide, the parent company of Hush Puppies, dates back to 1888,
Functions of TM
• It identifies the goods/ or services and its origin.
• It guarantees its unchanged quality.
• It advertises the goods / services.
• It creates an image for the good /services.
Trade secrets ( undisclosed information)
• TS is a formula, practice , process, design, instruments used by a business to obtain an advantage over competitors within the same industry or profession.
• Ex: kissan Jam.
• A company can protect its confidential information through non-compete, non-discloser contracts with its employees.
• Trade secrets protection can be used by the horticultural sector to protect for instance, hybrid plant varieties.
• Ex: parents of hybrids.
Kimba the Lion and The Lion King
Tezuka, 1965 Disney 1994
Kimba and Simba
• Kimba and His father • Simba and His father
What is a geographical indication? A geographical indication is a sign used on goods that have a
specific geographical origin and possess qualities, a reputation or characteristics that are essentially attributable to that place of origin.
Why protect a geographical indication? Geographical indications are more than just a name or a
symbol. They reflect a reputation strongly linked to geographical
areas of varying sizes, thus giving them an emotional component.
If GI is not protected, it could be used without restriction and its value diminished and eventually lost.
What rights does a geographical indication provide?
• A geographical indication right enables those who have the right to use the indication to prevent its use by a third party whose product does not conform to the applicable standards.
• For example, in the jurisdictions in which the Darjeeling geographical indication is protected, producers of Darjeeling tea can exclude use of the term “Darjeeling” for tea. if not grown in their tea gardens or not produced according to the standards set out in the code of practice for the geographical indication.
• GI valid for 10 years and can be renewed after each 10 years.
• GI cannot be assigned / transmitted
• Any association of personal, producers, organization or authority established under the law can apply.
Objectives • To provide for the establishment of a effective system
for protection of plant varieties.• To accelerate agricultural development in the country.• To recognize the farmers in respect of their contribution
made at any time , improving and making available plant genetic resources.
• To ensure availability of high quality seeds & planting materials of improved varieties to farmers.
• To protect plant breeders rights to stimulate investment for R &D both in public and private sectors to facilitate growth of the seed industry.
Registerable Varieties
• Extant variety (existing)
• Farmers variety
• EDV’s
• New varieties
• Breeders right’s : market, distribute, import or export.
• Researcher right’s: access the protected var. for research or experimental purpose.
• Farmers right’s : use, sell, save , distribute or share without any consent to the authority .
• Seed exchange is traditional practice in india.- No need to pay any kinds of fees.
Important farmer friendly features of PPV &FR act
1) New varieties and extant varieties including farmer varieties are eligible for registration
2) Allow extensive farmers rights (FRs)3) Disclosure of PGR accessed is must and provides for
benefit sharing.4) Mandatory to disclose presence of GURT, Like
terminator gene.5) Allow compulsory licensing on grounds of levying unreasonable price to seed.
Duration of protection
• 15 years for annual crops and 18 years for trees and vines.
• One time renewal at the end of 6 years in case of annual crops and 9 years in case of trees and vines, on payment of prescribed free.
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WHAT IS PATENTABLE INVENTION?
WHAT IS NOT PATENTABLE?
Development
Global Access
Competitiveness
Level Playing Field
Innovativeness
Stronger IP Rights
World Trade Regime
Equity/ABS ? Environment ? Biosafety ? Evolution ?
Technology Push: Looking for a Problem
How to Process Patents ?
Initial Patent Search
Initial patent search and the declaration as to the novelty of invention.
Initial patent search at free Internet sites.
Concerned scientists must gain a good background on the subject area of invention.
In case it is considered that the invention is novel, and the patent search is reasonably made to fortify the claim, one may safely conclude that ICAR is in possession of a patentable invention.
Filling-up of
Patent Application Form: I and II
The patent application (Form 1)should essentially include the following
information:
Mention of “ICAR” in column 1 of Form 1.
Name(s) of True and First Inventor(s) in Form 1 (to ensure that all scientists/innovators responsible for the invention are recognized).
Complete Address of the concerned ICAR institute filing the application in column 8 (to ensure that Address for Service is duly given).
Signatures, Name (in brackets), Designation and complete Address of the Director of the institution filing the application as per the delegation of powers by ICAR.
Patent Application-II contains ….
Title of the invention
Abstract containing a summary of disclosure
Description and prior art details
Claims
Any drawings or detailed sketches
Technical field to which the invention belongs
DECLARATION BY INVENTOR(S)(To be incorporated as Annexure to Form 1)
I/We _____(Name(s) of Inventor(s) with Designation and
Address)_________ declare that all rights for the invention _____(Title of Patent as given in the Application) ____________ _____ are assigned by me/us to the applicant “Indian Council of Agricultural Research (ICAR), Krishi Bhawan, 1, Dr. Rajendra Prasad Road, New Delhi – 110001.” and the application is signed on behalf of the assignee by the authorized official of ICAR.
Dated this ……..day of 20… Inventor Name Signatures
_________________ ____________________________ ____________________________ ___________
Witnesses (Two): Name Designation Signatures1. ……………… …………… ………………2. ……………… …………… .………………
Territorial Jurisdiction of Indian Patent Offices
Patent Office Territorial Jurisdiction (States and Union Territories)
Mumbai Gujarat, Maharashtra, M.P., Goa, Chhatisgarh, Daman & Diu,
Dadra & Nagar Haveli. Chennai Kerala, A.P., Karnataka, T.N.,
Pondichery, LakshadweepDelhi Haryana, H.P., J&K, Punjab,
Rajasthan, U.P., Uttranchal, NCT of Delhi, Chandigarh.Kolkata Rest of India.
Patents GrantedPatent No. Title
458/DEL/2 (Prov.)
Onshore marine pearl production: Rao
1987/DEL/4 Onshore marine pearl production: Rao
3455/DEL/4 Tissue culture mediated production of marine pearl: Dharmaraj and Suja
Technologies developed by CMFRI – Their IPR Protection
Patents in process
1638/DEL/4 A modified captive culture of blue damsel: Gopakumar
1987/DEL/4 Culture of clownfish under hatchery growout: Gopakumar
4023/DEL/5 A new phytase producing bacterium Bacillus licheniformis MTCC - 6824 from mangrove ecosystem: Paulraj, Joseph and Chakraborty
PCT/IB06/003299
A modified tissue culture mediated production of marine pearl: Dharmaraj
Incentives and Benefit SharingAwards
Net Revenue/Benefit Money Head Amount
Gross Revenue (commercial benefits accrued from license fees/ royalties) A
Service Tax paid or due B
Amount retained by ICAR for augmenting IP Management = 30% of A C
Net revenue/ benefit money to be shared as incentive = A – B – C X
Sharing of Net Revenue/ Benefit Money ( X )
Stakeholder category Share
Scientists/innovators and other team members 60%
ICAR Institution(s) (includes 5% for staff welfare) 25%
ICAR HQ (includes 5% for staff welfare) 15%
A Draft Bill is for uniform provision is underway
A Ministry of Finance Directive to retain 25% of money by the institute for utilization in research
Scientists50%
Technical staff30%
Officials working foe
patent15%
Staff welfare fund5%
Out of the institute share
Paris Convention Patent Cooperation Treaty
(PCT)
Paris Convention of 1883 provides reciprocity in filing with right of priority.
Patent Cooperation Treaty (PCT) 1970 It provides a unified procedure for filing Patent Applications to protect Invention in each of its contracting states.
India became member in 1998. India became member in 1998
Total, 173 Member countries Total, 142 Member countries
• sec.3(h): methods of agriculture and horticulture
• sec.3(b): inventions contrary to public order/ morality or prejudicial to human/ animal/ plant life/ health/ environment
• sec.3(j): plants in whole or in part (other than microorganisms) including seeds, varieties and species and also their production and propagation by essentially biological process
• sec.3(n): a presentation of information
• sec.3(p): invention, which is in effect traditional knowledge or an aggregation of or duplication of known properties of traditionally known component(s)
Patentability of Inventions in Horticulture
Inventions not patentable under the Patents Act, 1970
Methods of Horticulture
Seed/planting Material Propagation Vegetative propagation techniques Soft wood grafting Veneer grafting Stone-grafting Semi-dwarfing rootstock Drought hardy rootstock Rejuvenation of old unproductive orchards (Pruning 4th order branches) Tissue culture for mass multiplication Shoot-tip grafting Hybrid seed production Seed Plot Technique for disease-free potato seed in plains Micropropagation protocols Seed gardens
Methods of HorticultureAgrotechniques Soil application or spray of fertilizers, growth hormones, PP chemicals Green-house culture High density planting Drip irrigation techniques Inoculation of the VAM fungi and Rhizobium culture Weed control Intercropping Multiple cropping Multi-storied cropping Rapid methods for production of rooted cuttings Storage of rhizomes, tubers and bulbs for seed purpose
Methods of HorticultureProtection Technologies Plant protection schedules Biological control Integrated pest management Safe-waiting periods for harvesting and
consumption of fruits Cultural methods for clean cultivation, destruction
of alternate hosts and timely harvest Eradication of all pest affected plants
Methods of HorticulturePost Harvest Management Technologies Post harvest handling at different stages of storage, grading,
packing, transport and marketing as a fresh produce or in processed form
Maturity standards for fruits Chemical treatments for regulation of fruit ripening Optimum storage temperatures Harvesters, fruit peelers, hand and pedal operator chipping
machines, efficient harvesting tools, dehusking machines, implements for mechanization of cultivation
Value addition
There is no scope for playing any Blame Game …Must invest for the Posterity
Both in material and intellectual terms.
But! finally, the Point to Ponder is …
Thank you
