IPR INTELLECTUAL PROPERTY

RIGHTS

Conducted By: Prakarsh Buch

Guided By: Mrs. Ankita Bhavsar

IPROutline: Introduction Steps of filling patents Introduction of GATT Introduction to TRIPS

IPRIntroduction: What is the meaning of IP?

IP-INTELLECTUAL PROPERTY- is a term referring to a number of distinct types of creations of mind for which a set of exclusive rights are recognized in the corresponding fields of law.

IPR What is the meaning of IPR?

Intellectual Property Rights are the rights given to persons over the creations of their minds.

They usually give the creator an exclusive right over the use of his/her creation for a certain period of time.

IPR

INDUSTRIAL PROPERTY + COPY RIGHT

PATENTS DESIGNSTRADEMARKS

Patents &

Designs

Patent Information

Trade Marks

Copy Right

Geographical Indications

Geographical Indications

FOR MOST PRODUCTS EVERY FORM OF

INTELLECTUAL PROPERTY RIGHTS CAN BE OBTAINED

CAMERA

“PATENT” For every individual improved mechanism

“DESIGN” For outer shape & Coloour / Configuration

“TRADE MARK” Brand name or Logo for goods denoted as ®

“Copy right” For Instruction / manual booklet denoted as ©

What about Pharmaceuticals??

“PATENT” For every individual NEW API “DESIGN” For formulation

“TRADE MARK” Brand name denoted as ®

“Copy right” For Label denoted as ©

Legislative Measures for IPR

The Patents Act, 1970• Product Patent• Patent Term of 20 years• Public Health Safeguards

The Trade Marks Act, 1999• Service Marks and Collective Marks

• Term increased from 7 years to 10 years

Legislative Measures for IPR

The Designs Act, 2000 The Copyrights Act, 1957 The Bio-Diversity Act, 2001 The Layouts and Integrated Circuits

Act

Protection Of Intellectual Property In India (Patents, Designs, Trade Marks & Copyrights)

Sr.JOINT CONTROLLER OF PATENTS AND DESIGNS

JOINT REGISTAR OF TRADEMARKS

MINISTRY OF COMMERCE AND INDUSTRY MINISTRY OF HUMAN RESOURSE

DEVELOPMENT

DEPT. OF INDUSTRIAL POLICY & PROMOTION

DEPT. OF EDUCATION

CONTROLLER GENERAL OF

PATENTS, DESIGNS & TRADE MARKS

PATENT OFFICE

TRADE MARKS REGISTRY

COPYRIGHT OFFICE

REGISTAR OF COPYRIGHT

GIR

Jurisdiction of offices

Law of Patents

1. Protection Part

2. Enforcement Part

1. Protection Part

• Criteria for Patentability– New & useful– Non-obvious– Capable of Industrial Applications

• Patents Act specifies– What are not inventions?– What are not patentable inventions?

• How to get that monopoly right?

2. Enforcement part

Opposition proceedings

Licensing provisions

Infringements suit provisions

What Does Patent System Do?

It encourages RESEARCH. Induces an inventor to disclose his

inventions instead of keeping them as secret.

Provides inducement for capital investment encouraging technological development.

It encourages establishment of new industries.

Patent Applications Filled

0

2000

4000

6000

8000

10000

12000

14000

16000

1999-2000 2002-03 2003-04 2004-05

2824

953810709

14813

Advantages Of A Patent To The Public

• KNOWLEDGE OF INVENTION ADDS TO BASE FOR FURTHER RESEACH

• REASONABLE ASSURANCE FOR COMMERCIALIZATION

• PATENT- OPEN TO PUBLIC FOR USE – AFTER ITS TERM EXPIRES

Patent Grant Procedure

Filing of PATENT APPLICATION

EXAMINATION & NOVELTY SEARCH

ACCEPTANCE OR REFUSAL

NOTIFICATION OF “ACCEPTANCE”

OPPOSITION (if any)

GRANT OF A PATENT

Patent Grant Procedure Filing of patent application

Publication after 18 months

Pre Grant Opposition /Representation by any person.

Request for examination

Examination: Grant or Refusal

Publication of Grant of patent

Post Grant Opposition to grant of patent (Constitution of Opposition Board)

Early Publication

Decision By Controller

Example of Patent Applicaton

Introduction of GATTIntroduction: What is the meaning of GATT?

GATT means “General Agreement on Tariffs and Trade”

GATT is an international agreement on trade Formalities between different countries regarding trading & distribution of different commodities in between different countries.

Purpose of GATT

The main purpose of GATT is to provide guidelines on various aspects related to international trading of various commodities.

Example: The state policies regarding import-export

Protection of interests of the manufacturers and exporters through the IPR.

Key Principles in GATT:1. Trade barriers should be lowered in general

and quotas should be eliminated2. There should not be discrimination among

trading partners3. National treatment – imported goods

treated same as domestic goods4. Tariff concessions, once made, cannot be

rescinded without compensating trade partners, and new barriers cannot be erected in place of lowered tariffs

5. Trade disputes to be settled by consultation

Introduction to TRIPS

Introduction: What is the meaning of TRIPS?

TRIPS means “Trade Related Aspects of Intellectual Property Rights(TRIPS) Agreement”

Background on WTO and TRIPs Agreement

World Trade Organization (WTO):• WTO is the successor to the General Agreement

on Tariffs and Trade (GATT) established in the wake of the WWII

• First took effect in January 1995.

Reasons for Including IP on the GATT Agenda:

• Growth in world trading.• Increased importance of global IP protection.• Existing provisions of international law were

perceived insufficient.1. Absence of enforcement of rights before

national judicial authorities.2. Lack of a dispute settlement

mechanism between States. 3. Standards were outdated.

The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs)

The most detailed and comprehensive multilateral agreement on intellectual property yet negotiated.

The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs)

• TRIPS introduced intellectual property rules into the multilateral trading system for the first time.

• Membership in WTO requires a country to agree to adopt the minimum standards for intellectual property regulation.

• IP laws are established and enforced by each individual Member Country.

The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs)

• How basic principles of the trading system and other international intellectual property agreements should be applied.

• How to give adequate IP protection.

• How to enforce IP rights.

• How to settle disputes on IP between members of the WTO.

• Special transitional arrangement.

Linkage between Intellectual Property (IP) and Trade:

Broadly through following two premises: (I) Widespread piracy, counterfeiting and

infringements of intellectual property rights constituted a barrier to trade

(II) IPRs transfer agreements

Objectives of TRIPS To reduce distortions and impediments to

international trade and take into account the need to promote competent as well as adequate protection of IPRs

To ensure that measures and procedures to enforce IPRs do not themselves become barriers to legitimate trade

To reduce tensions by reaching strengthened commitment to resolve disputes on trade-related IP issues through multilateral procedures

Objectives of TRIPS To establish a mutually supportive relationship

between the World Trade Organisation (WTO) and World Intellectual Property Organisation (WIPO)

What are the areas covered by TRIPS?

The intellectual property areas covered by the TRIPs Agreement are:• Copyright and related rights• Trademarks• Industrial designs• Patents• Layout-designs (topographies) of integrated

circuits• Undisclosed information, including trade secrets• Enforcement

Main feature of the agreement Standards: The agreement expresses minimum standards of

protection (I) The subject matter to be protected (II) The rights to be conferred and permissible exceptions (III) The minimum period of protection

Enforcement (I) Provisions for domestic procedure and remedies for the enforcement of the IPRs (II) Includes general principle applicable to IPR enforcement procedure apart from administrative, civil and criminal procedure available for enforcement of rights of the right holder

Dispute settlement: The agreement further provides for the settlement of disputes over IPR among the member states within the parameters of dispute settlement procedure

Qustions………??????

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