INTELLECTUAL PROPERTY

RIGHTS

Prof. Venkatesh Y. Badave

Mob :- 9922499144
 What is mean by Intellectual
Property Rights
 A right that is had by a person or by a
company to have exclusive rights to use its
own plans, ideas, or other intangible assets
without the worry of competition, at least for a
specific period of time. These rights can
include copyrights, patents, trademarks, and
trade secrets. These rights may be enforced by
a court via a lawsuit. The reasoning for
intellectual property is to encourage
innovation without the fear that a competitor
will steal the idea and /or take the credit for it.
Basic types of property
 Movable Property

 Immovable Property

 Intellectual Property
 What is an invention?
 An invention is "the discovery or creation of a
new material (either a new manufactured product
or a new composition or matter), a new process,
a new use for an existing material, or any
improvements of any of these.“
 Inventions may include:
◦ New technologies
◦ Biological materials
◦ Computer software
◦ Copyrightable materials
◦ New tools or processes developed to meet a
particular research objective
 What is Creativity?
 Creativity is the act of turning new and imaginative
ideas into reality. Creativity is characterized by the
ability to perceive the world in new ways, to find
hidden patterns, to make connections between
seemingly unrelated phenomena, and to generate
solutions. Creativity involves two processes:
thinking, then producing. If you have ideas, but don’t
act on them, you are imaginative but not creative.
 What is Intellectual Property
Rights?
 Intellectual property refers to creation of mind.
Intellectual Property Rights (IPR), very broadly, are
rights granted to creators and owners of works that are
results of human intellectual creativity. These works can
be in the industrial, scientific, literary and artistic
domains, which can be in the form of an invention,
document, a suite of software, symbols, names, images
or a business name.
 Intellectual Property Rights are legal rights, which result
from intellectual activity in industrial, scientific,
literary & artistic fields. These rights safeguard
Creators and other producers of intellectual goods &
services by granting them certain time-limited rights to
control their use.
 TYPES/TOOLs OF IPRs

 Patents.
 Trademarks.
 Copyrights and related rights.
 Geographical Indications.
 Industrial Designs.
 Trade Secrets.
 Layout Design for Integrated Circuits.
 Protection of New Plant Variety.
Importance of Intellectual Property
Rights
 Intellectual Property Creates and Supports High-
Paying Jobs
 Intellectual Property Drives Economic Growth and
Competitiveness
 Strong and Enforced Intellectual Property Rights
Protect Consumers and Families
 Intellectual Property Helps Generate Breakthrough
Solutions to Global Challenges
 Intellectual Property Rights Encourage Innovation
and Reward Entrepreneurs
 Importance of Protecting
Intellectual Property
1. Set your business apart from competitors
2. Be sold or licensed, providing an important
revenue stream
3. Offer customers something new and
different
4. For Marketing or Branding
5. Be used as security for loans
 Patent
 A patent is an exclusive right granted for an
invention, which is a product or a process that
provides a new way of doing something, or
offers a new technical solution to a problem. It
provides protection for the invention to the
owner of the patent.

 A patent is a grant from the government which

confers on the guarantee for a limited period of time
the exclusive privilege of making, selling and using
the invention for which a patent has been granted
Purpose of getting a patent……•
 To enjoy the exclusive rights over the
invention.

 The patent is to ensure commercial returns

to the inventor for the time and money
spend in generating a new product.
 What can be patented?•
 In order to be patentable , an invention must
pass four tests;
1. The invention must fall into one of the five
“statutory classes’: Processes, Machines ,
Manufactures Compositions of matter, and
New uses of any of the above
2. The invention must be “useful”
3. The invention must be “novel”
4. The invention must be “nonobvious’
 Safeguards in the Patent Law
 Compulsory license to ensure availability of
drugs at reasonable prices

 Provision to deal with public health

emergency

 Cancellation of patent in public interest and

also on security considerations
 Patent
 Persons entitled to apply for patents—
(1) Subject to the provisions contained in section 134, an
application for a patent for an invention may be made by any of
the following persons, that is to say,—
(a) by any person claiming to be the true and first inventor of
the invention;
(b) by any person being the assignee of the person claiming to
be the true and first inventor in respect of the right to make such
an application;
(c) by the legal representative of any deceased person who
immediately before his death was entitled to make such an
application.
(2) An application under sub-section (1) may be made by any of
the persons referred to therein either alone or jointly with any
other person.
 How to File a Patent:
 To get a patent one needs to file the particulars of his
invention with relevant forms prescribed in schedule II of the
patent rules, 2003. There are total 30 forms in the second
schedule to cover various formalities required under Patent
Act, 1970.
Patent can be classified into two types:
 A) According to jurisdiction of Patent Application
i) Application for grant of a patent in India.
ii) Application corresponding to an International Patent.
 B) According to specifications
i) Application with Complete Specification.
ii) Application with Provisional Specifications
 Application for grant of patent only in India, one has to fill
form 1 in proforma given in schedule II.
 For getting Patent in other countries one has to fill Form 1A.
 DOCUMENTS TO BE FILED TO
GET PATENT
 The documents to be filed along with forms to get
patents are as follows:
Specifications should contain:
1) Title defining the invention.
2) Abstract: Brief summary of invention including field
of expertise, function & ideally the difficulty in prior act
sought to be removed.
3) Description: This is very important, as full detailed
description of invention should be given.
4) Drawings to enable better explanation of working of
invention.
5) Claims being a legal part that defines scope of the
protection sought.
 Copyrights and related rights
 Copyright is a legal term describing rights given to
creators for their literary and artistic works. The kinds
of works covered by copyright include:
 literary works such as novels, poems, plays, reference
works, newspapers and computer programs; databases;
films, musical compositions, and choreography;
 artistic works such as paintings, drawings,
photographs and carving; construction; and
advertisements, maps and technical drawings.
 Copyright subsists in a work by virtue of creation;
hence it’s not mandatory to register. However,
registering a copyright provides evidence that
copyright subsists in the work & creator is the owner
of the work.
 IMPORTANCE OF
REGISTRATION OF COPYRIGHT
 Registration of copyright gives you a documentary
evidence issued by Government of India.
 It gives a presumption that the person is the author
of the work.
 It is admissible as evidence in all courts without
further proof or production of originals, in event of
any person using work illegally against him in
court of law.
 It is useful to claim damages and further prevent or
injunct him from further reproducing the work.
 In case of non registration one has to prove that he
is the author of the work, which may be a difficult
task.
How to get a Copyright
The procedure of obtaining a copyright is very simple the
author of literary, dramatic musical or artistic work as the case
may be, is required to fill Form IV under the Rule 16 of the
COPYRIGHT RULES 1958.
The application has to be addressed to the Registrar of
Copyrights, Copyright Office, which is situated at New Delhi.
Forms starts with Para 2 of the Form IV which requires
the author to send pre-paid registered post copies of Form IV
and statement of particulars to "persons concerned" with the
work sought to be registered with an objective of getting NO
OBJECTION CERTIFICATE from them addressed to the
Registrar.
The prescribed fee should be send along with the
application in form of Bank Draft or Postal Order.
An address for communication should be written in para 4.
The declaration should be signed by the applicant to the effect
that no other person other than those who are send notice in para
2 have claim or interest or dispute to the copyright so claimed.
List of enclosures should also be mentioned.
How to get a Copyright
Then one has to file a STATEMENT OF PARTICULARS in
triplicate
Para 1 of the SOP has to be left blank as it is for the purpose of
Copyright Office.
Para 2 requires the Name, Address and nationality of the
Applicant.
Para 3 requires the applicant’s interest in the work whether he is
author, publisher, licensee or assigner.
Para4 one has to define whether the work is Literary, dramatic,
etc. Literary in case of Computer program.
Para 5 Title of the work.
Para 6 Language of the work, if the work is in more than one
language then all languages should be written.
Para 7 information regarding author and if the author has
died.
Para 8 if the work is published or unpublished.
Para 9 applicable if the work is published simultaneously.
Para 10 Changes in information.
Para 11 if rights are assigned to various persons then
information regarding extend of rights e.g issuing copies,
adaptations, etc.
Para 12 if there are any assigners or licensors then their
names and addresses in copyright.
Para 13 Applicable to artistic works.
Para 14 is important for the Computer Program description
of the object, use and functionality of the Software.

STATEMENT OF FURTHER PARTICULARS it also has

to be send along with the form in triplicate.
Para1 requires information about whether the work
registered is original, translation, adaptation, etc.
Para 2 If the work is translated or adapted the information
regarding original authors.
Para 3 is same as that of Statement of Particulars.
 RIGHTS OF A COPYRIGHT
HOLDER
1. MORAL RIGHT
2. ECONOMIC RIGHT
3. LICENSE
4. BREACH
5. DURATION OF THE COPYRIGHT
6. COPYRIGHT NOTICE
It should have letter “C” in circle © with year of
publication and name of the author.
REMEDIES OF COPYRIGHT
INFRINGEMENT
 BEFORE CIVIL COURTS

 CRIMINAL COURTS

 BEFORE REGISTRAR
 Trademarks

 A trademark is a distinctive sign that

identifies certain goods or services as those
produced or provided by a specific person or
enterprise. It 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. It 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.
Procedure of Registering a Trademark?
 Search for a brand name

 Making the trademark application

◦ Now that your name is finalized upon, fill in the trademark
application i.e. Form- TM 1. The application costs INR
3500 and is a one time fee.
◦ Along with the application, you will need to submit
supporting documents:
◦ A Business registration concern: Depending on what type
of a registered business you have.
◦ you will need to submit an identity proof of the directors of
the company and an address proof.
◦ An image of your brand logo in a standard size of 9 x 5 cms
◦ If applicable, proof of claim of the proposed mark being
used before in another country.
Procedure of Registering a Trademark?

 Filling the brand name registration

application
◦ There are 2 ways to file the registration – manual
filing or e-filling.
◦ In case of manual filing, you will need to
personally walk down and submit the application
for registration to any one of the offices of the
Registrar of Trade Marks located in Mumbai,
Delhi, Kolkata, Chennai and Ahmedabad. After
which you receive the acknowledgement of the
application and the receipt, usually within 15-20
days of the filing.
◦ But in e-filing system, the acknowledgement of
the application is issued immediately.
◦ And after you receive the acknowledgement, you
Procedure of Registering a Trademark?

 Examining the brand name registration application

◦ After receiving the application, the Registrar checks
whether the brand name complies with the law and does not
conflict or dispute with other existing registered or pending
brands.

 Publication in the Indian Trade Mark Journals

◦ After examination, the logo or brand name is published in
the Indian Trade Mark Journal. If no one raises an objection
within 3 months i.e. 90 days or in some cases 120 days,
from the date of publication, the brand name proceeds to
acceptance.
Procedure of Registering a Trademark?

 Issuance of the trademark registration

certificate
◦ If no one raises any objection, within the stipulated 90 days
period, the Registrar accepts the trademark application!
And issues a Certificate of Registration under the seal of
Trademark Registry.
◦ You may now be allowed to use the registered trademark
symbol (®) next to your brand name, once the certificate
has been issued.
 Rights of Trademark Registration
1. Right to use the trademark:
The trademark registrant is entitled to
use the trademark in respect of the goods and service
approved and use it in relevant business.
2. Exclusive right:
The trademark registrant enjoys the exclusive
right to use the registered trademark, no one else shall use
identical or similar trademarks in respect of identical or
similar goods and services.
3. Right to license:
The trademark registrant is entitled to authorize
other to use the registered trademark by signing a license
contract in accordance with the law.
4. Restraining Power:
The trademark registrant is entitled to prohibit
any one from using identical or similar trademarks in respect
of identical or similar goods and services without permission.
 Rights of Trademark Registration
5. Right of mortgage:
The trademark registrant is entitled to set a
mortgage with the registered trademark in business.
6. Right to invest:
The trademark registrant has the right to regard
its registered trademark as the intangible assets and make the
investment according to the due course of law according to
the legal provisions
7. Right of assignment:
The trademark registrant is entitled to assign
the registered trademark to any one else in accordance with
law, either paid or unpaid.
8. Heirdom:
The registered trademark can be inherited by
its rightful heir according to the order of inheritance as the
incorporeal property.
 Industrial Designs
 Industrial designs refer to creative activity, which
result in the ornamental or formal appearance of
a product, and design right refers to a novel or
original design that is accorded to the proprietor
of a validly registered design.

 Industrial designs protected under the Design

Act, 2000. Industrial designs are an element of
intellectual property.
Process of filing Industrial Design
 Finding out whether any registration already exists.
 Identifying the class of design.
 Applying for registration of designs in patent office at
Kolkata
 The applicant may include in the application a brief
statement of the novelty person claims for the design
 Claiming a priority date
 Determining fees to be paid
 A receipt of an application is issued and then
application will be examined by an examiner as to
whether the design is registrable under the act and the
rules and submit a report to the controller.
 If application is in order and satisfies the requirements
of the act controller will accept the application
 Certificate of registration is issued to the applicant
What is the term of Industrial
Design?
 The term of industrial design for the first instance
will be for a period of 10 years, which an be
extended by 5 years.
 This initial period of registration may be
extended by further period of 5 years on an
application made in form-3 accompanied by a fee
of Rs. 2000/- to the controller before the expiry
of the said initial period of copyright.
 Integrated circuits
 The Semi-Conductor Integrated Circuits Layout-Design
Act,2000 has been enacted to provide for the protection of
semiconductor integrated circuits layout-designs and for
matters connected therewith or related thereto.
 According to the Act, the term 'layout-design' means “A
layout of transistors and other circuitry elements and
includes lead wires connecting such elements and
expressed in any manner in a semiconductor integrated
circuit".
 Here, the term 'semiconductor integrated circuit' means “A
product having transistors and other circuitry elements
which are inseparably formed on a semiconductor material
or an insulating material or inside the semiconductor
material and designed to perform an electronic circuitry
function".
 The Act is implemented by the Department
of Information Technology, Ministry of
Information Technology. The Act is applicable
for Integrated Circuits Layout-Design IPR
applications filed at the Registry in India.
The Semiconductor Integrated Circuits
Layout-Design Registry (SICLDR) is the
office where the applications on Layout-
Designs of integrated circuits are filed for
registration of created IPR. The Registry has
jurisdiction all over India.
 Geographical Indications (GI)
 GI are signs used on goods that have a specific
geographical origin and possess qualities or a
reputation that are due to that place of origin.
Agricultural products typically have qualities that
derive from their place of production and are
influenced by specific local factors, such as climate
and soil.
 They may also highlight specific qualities of a
product, which are due to human factors that can be
found in the place of origin of the products, such
as specific manufacturing skills and traditions.
 Geographical Indications (GI)
 Combining the best of nature and man,
traditionally handed over from one generation
to the next for centuries. Gradually, a specific
link between the goods and place of
production evolved resulting in growth of
geographical indications.
 in December 1999, the parliament had passed
the geographical indications of goods
(Registration and Protection Act 1999.
 What is 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
Examples of geographical indications
Columbia Columbian coffee
India Basmati (rice)
Greece Ouzo (spirit)
France Champagne (sparkling wine),
Roquefort (cheese)
Mexico Tequila (spirit)
Italy Parma ham
Switzerland Etivaz, Gruyere (cheese)
Portugal Port (wine)
Geographical indications and
trademarks
 GIs are closely related to trademarks; both
indicate product origin
 GIs and trademarks differ in two ways:
1. A trademark belongs to a particular company; it
distinguishes that company’s products. GIs are
shared by all producers in the region identified
by the GI.
2. GIs attach to a location; trademarks don’t.
Why are geographical indications
valuable?
 GIs are a marketing tool
 Reputation for quality associated with place
name used on labels, advertising
 GI-identified products are believed to
command higher prices
 Of particular interest to developing countries
 The Legal framework in India
for GI
As a party to the TRIPS Agreement, India is required to
protect GI and hence in order to fulfill that obligation, the
Geographical Indications of Goods (Registration and Protection) Act,
1999 was enacted. It may also be noted that India felt that some of its
products have high potential to benefit from GI registration and it was
necessary to put in place a comprehensive legislation for registration
and for providing adequate protection for GI. For unless a
geographical indication is protected in the country of its origin, there is
no requirement under the TRIPS Agreement for other countries to
extend reciprocal protection. The main benefits which accrue from
registration under the Act are as follows:
◦ Confers legal protection to GI in India;
◦ Prevents unauthorized use of a registered geographical indication by
others;
◦ Enables seeking legal protection in other WTO member countries.
 The Legal framework in India
for GI
 From the perspective of a developing country, one of the best
features of the Indian Act is the comprehensive definition given
of GI, whereby agricultural, natural and manufactured goods all
come under the ambit of GI. This is especially important in the
Indian context considering the wide variety of goods that is
deserving of protection ranging from agricultural products like
Basmati, Darjeeling tea to manufactured goods such as Banrasi
sari, Kolhapure chappals, Chanderi silk etc.
 Section 11of the Act provides that any association of persons,
producers, organization or authority established by or under the
law can apply for registration of a GI.
 Another important aspect of the Act is the possibility of
protecting a GI indefinitely by renewing the registration when it
expires after a period of ten years.
International GI protection:
WTO/TRIPS Agreement

 Members obligated to prevent use of GIs by

no original producers so as to mislead as to
product origin, or constitute competition
 Higher level of protection for wines, spirits
 Exceptions:
(i) GIs used prior to TRIPS Agreement
(ii) GIs that have become part of common usage
Procedure for Filing G.I Application
I. Form and signing of application

II. Fees

III. Sizes

IV. Signing of documents

V. Principal place of business in India

VI. Convention Application should contain the following

VII. Statement of user in applications

VIII. Content of Application

IX. Acknowledgement of receipt of applications

 Trade Secrets
 It may be confidential business information that
provides an enterprise a competitive edge may be
considered a trade secret. Usually these are
manufacturing or industrial secrets and commercial
secrets. These include sales methods, distribution
methods, consumer profiles, advertising strategies,
lists of suppliers and clients, and manufacturing
processes. Contrary to patents, trade secrets are
protected without registration.
 Protection of New Plant Variety
 The objective of this act is to recognize the role
of farmers as cultivators and conservers and the
contribution of traditional, rural and tribal
communities to the country’s agro biodiversity
by rewarding them for their contribution and to
stimulate investment for R & D for the
development new plant varieties to facilitate the
growth of the seed industry.
 Traditional Knowledge
 What Is Traditional Knowledge?
Though difficult to define, traditional knowledge (TK) is
generally understood to encompass four types of creative works:
 Verbal expressions (stories, epics, legends, folk tales, poetry
etc.),
 Musical expressions (folk songs and instrumental music),
 Expressions by action (dances, plays, ceremonies, rituals and
other performances)
 Tangible expressions that must be fixed on a permanent
material (drawings, designs, paintings (including body-
paintings), carvings, sculptures, pottery, jewelry, basket work,
textiles, carpets, costumes, musical instruments, etc.)
 TK is used interchangeably with the term traditional cultural
expressions (TCEs); both refer to music, art, designs, names,
signs and symbols, performances, architectural forms,
handicrafts and narratives. TCEs are integral to the cultural and
social identities of indigenous and local communities. They
embody knowledge and skills and transmit core values and
beliefs.
 Traditional Knowledge
 In 2000, WIPO members established
an Intergovernmental Committee on Intellectual
Property and Genetic Resources, Traditional Knowledge
and Folklore (IGC), and in 2009 they agreed to develop an
international legal instrument (or instruments) that would
give traditional knowledge, genetic resources and
traditional cultural expressions (folklore) effective
protection. Such an instrument could range from a
recommendation to WIPO members to a formal treaty that
would bind countries choosing to ratify it.
 Two types of intellectual property
protection
 Defensive protection aims to stop people outside the community
from acquiring intellectual property rights over traditional
knowledge. India, for example, has compiled a searchable database
of traditional medicine that can be used as evidence of prior art by
patent examiners when assessing patent applications. This followed
a well-known case in which the US Patent and Trademark Office
granted a patent (later revoked) for the use of turmeric to treat
wounds, a property well known to traditional communities in India
and documented in ancient Sanskrit texts. Defensive strategies
might also be used to protect sacred cultural manifestations, such as
sacred symbols or words from being registered as trademarks.
 Positive protection is the granting of rights that empower
communities to promote their traditional knowledge, control its
uses and benefit from its commercial exploitation. Some uses of
traditional knowledge can be protected through the existing
intellectual property system, and a number of countries have also
developed specific legislation. However, any specific protection
afforded under national law may not hold for other countries, one
reason why many indigenous and local communities as well as
governments are pressing for an international legal instrument.
 World Intellectual Property
Organization (WIPO)
WIPO is the global forum for intellectual
property services, policy, information and
cooperation. WIPO is a self-funding agency of
the United Nations, with 189 member states.
Mission
To lead the development of a balanced and
effective international intellectual property (IP)
system that enables innovation and creativity for the
benefit of all.
WIPO’s mandate, governing bodies and
procedures are set out in the WIPO Convention,
which established WIPO in 1967.
 World Intellectual Property
Organization (WIPO)
 WIPO was established in 1967 by the WIPO Convention, which
states that WIPO’s objective was “to promote the protection of
intellectual property throughout the world …” (WIPO, 1967,
Article 3). Headquartered in Geneva, Switzerland.

 Basically the Convention Establishing the World Intellectual

Property Organization (WIPO), concluded about categorization
that “intellectual property shall include 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,
◦ Trademarks, service marks and commercial names and
designations,
◦ Protection against unfair competition,
 WIPO — A Brief History
 One of the oldest specialized agencies of the United
Nations, the World Intellectual Property Organization
(WIPO) has a long and interesting past.
 1883 – Paris Convention
The Paris Convention for the Protection of Industrial
Property is born. This international agreement is the first
major step taken to help creators ensure that their
intellectual works are protected in other countries. The
need for international protection of intellectual property
(IP) became evident when foreign exhibitors refused to
attend the International Exhibition of Inventions in
Vienna, Austria in 1873 because they were afraid their
ideas would be stolen and exploited commercially in other
countries. The Paris Convention covers:
Inventions (patents), Trademarks, Industrial designs
 WIPO — A Brief History

 1886 – Bern Convention

 The Bern Convention for the Protection of
Literary and Artistic Works is agreed. The aim is
to give creators the right to control and receive
payment for their creative works on an
international level. Works protected include:
 novels, short stories, poems, plays;
 songs, operas, musicals, sonatas; and
 drawings, paintings, sculptures, architectural
works.
 WIPO — A Brief History

 1891 – Madrid Agreement

 With the adoption of the Madrid Agreement, the first
international IP filing service is launched: the Madrid
System for the international registration of marks. In the
decades that follow, a full spectrum of international IP
services will emerge under the auspices of what will later
become WIPO.
 1893 – BIRPI established
 The two secretariats set up to administer the Paris and
Bern Conventions combine to form WIPO's immediate
predecessor, the United International Bureaux for the
Protection of Intellectual Property – best known by its
French acronym, BIRPI. The organization, with a staff of
seven, is based in Bern, Switzerland.
 WIPO — A Brief History

 1970 – BIRPI becomes WIPO

 The Convention establishing the World Intellectual
Property Organization (WIPO) comes into force and
BIRPI is thus transformed to become WIPO. The newly
established WIPO is a member state-led,
intergovernmental organization, with its headquarters in
Geneva, Switzerland.
 1974 – WIPO joins the UN
 WIPO joins the United Nations (UN) family of
organizations, becoming a specialized agency of the UN.
All member states of the UN are entitled, though not
obliged, to become members of the specialized agencies.
 The role of WIPO
 Empower Member States to develop, protect,
enforce, manage and commercially exploit IP as a
tool for economic, social and cultural development
 Raise the awareness with regard to the development
and management of policies and practices for using
IP assets
 Provide tools for the promotion of intellectual asset
management including guidelines and best practice
models for managing intellectual assets
 Encourage countries to develop an IP culture and
provide country-specific assistance in developing an
IP system that meet national policy and economic
objectives
 WIPO ACTIVITIES
Core activities (1)
 Administering multilateral treaties and working
with Member States to support the evolution of
the international legal framework for IP
 Developing international IP laws and standards
 Promoting a balanced evolution of IP legislation
 Promoting development of international IP laws
 Exploring TK(Traditional knowledge), TCE
(Traditional Cultural Expressions) and genetic
resources
 WIPO ACTIVITIES
Core activities (2)
 Providing global IP services that make it easier and more cost
effective to obtain protection internationally for new inventions,
brands and designs
 Filing international applications for patents (PCT)
 Filing (international registrations for trademarks (Madrid
system)
 Filing international registrations for designs (Hague system)
 Filing international appellations of origin (Lisbon system)
 Providing arbitration, mediation & other dispute resolution
services
 Administering four IP classification systems which organize the
mass of information concerning inventions trademarks and
industrial designs into indexed, manageable structures for easy
retrieval
 WIPO ACTIVITIES
Core activities (3)
 Assisting governments and organizations in
establishing national IP and innovation
strategies, developing appropriate regulatory
frameworks and building the infrastructure and
human capacity needed to harness the potential
of IP for economic development
 WIPO ACTIVITIES
Core activities (4)
 Developing technical platforms (IT) to facilitate
work sharing among IP offices and developing
free databases of registered trademarks, designs
and the technological information contained in
patents to facilitate access to knowledge
 WIPO ACTIVITIES
Core activities (5)
 Building awareness, understanding and respect
for IP
 Providing public outreach material
 Organizing seminars and information products
targeting specific groups, such as creators,
small and medium sized enterprises, research
institutions and policymakers
 Building respect for IP, including enforcement
of IP rights
 WIPO ACTIVITIES
Core activities (6)
 Working in partnership with the UN and other
organizations to identify IP-based solutions to climate
change, food security, public health and other global
challenges
 WIPO meetings regularly bring together stakeholders from
governments, right holders’ groups and civil society in
order to facilitate constructive debate on current challenges
and the sharing of expertise.
 WIPO is committed to identifying IP-based solutions that
can help confront global challenges and maximize the
benefits of the IP system for all stakeholders
 WIPO also publishes studies on emerging issues
General Agreement On Tariffs And
Trade - GATT'
 The General Agreement on Tariffs and Trade (GATT)
was formed soon after World War II ended. The GATT
was a trade treaty implemented to boost economic
recovery. The primary purpose of GATT was to
increase international trade through by eliminating or
reducing various tariffs, quotas and subsidies while
maintaining meaningful regulations.
 GATT became law on Jan. 1, 1948, once it was signed
by 23 countries. GATT was refined over decades and
eventually led to the 123 countries creating the World
Trade Organization (WTO) on Jan. 1, 1995.
 General Agreement On Tariffs
And Trade - GATT'
 The primary objectives of GATT was to expand
international trade by liberalizing so as to bring
about all round economic prosperity, the
important objective are as follows as:-
1) Raising standards of living.
2) Ensuring full employment and large and steady
growing volume of real income and effective
demand.
3) Developing full use of resources of the world.
4) Expansion of production and international trade.
WTO AND INDIAN AGRICULTURE

Introduction.

 After over 7 years of negotiations the Uruguay

Round multilateral trade negotiations were
concluded on December 1993 and were formally
ratified in April 1994 at Marrakesh, Morocco.

 The WTO Agreement on Agriculture was one of the

main agreements which were negotiated during the
Uruguay Round.
 (Contd.)

 The WTO Agreement on Agriculture contains

provisions in 3 broad areas of agriculture:
1. Market access.
2. Domestic support.
3. Export subsidies
 MARKET ACCESS
 This includes tariffication, tariff reduction
and access opportunities.
 Tariffication means that all non-tariff
barriers such as...
1. quotas;
2. variable levies;
3. minimum import price;
4. discretionary licensing;
5. state trading measures.
 DOMESTIC SUPPORT

 For domestic support policies, subject to

reduction commitments, the total support
given in 1986-88, measured by the Total
Aggregate Measure of Support (total AMS).
 EXPORT SUBSIDIES
 The Agreement contains provisions
regarding members commitment to reduce
Export Subsidies.

 Developed countries are required to reduce

their export subsidy expenditure by 36%.

 For developing countries the percentage

cuts are 24%.
 INDIA’S COMMITMENT

 As India was maintaining Quantitative

Restrictions due to balance of payments
reasons(which is a GATT consistent
measure), it did not have to undertake any
commitments in regard to market access.

 India does not provide any product specific

support other than market price support.
 (Contd.)

 In India, exporters of agricultural commodities do not

get any direct subsidy.

 Indirect subsidies available to them are in the form of-:

a. exemption of export profit from income tax under
section 80-HHC of the Income Tax
b. subsidies on cost of freight on export shipments of
certain products like fruits, vegetables and
floricultural products.
 WHAT INDIA WANTS
India’s basic objectives in the ongoing
negotiations are:
a. To protect its food and livelihood security
concerns and to protect all domestic policy
measures taken for poverty alleviation, rural
development and rural employment.

b. To create opportunities for expansion of

agricultural exports by securing meaningful
market access in developed countries.
 TRIMS AGREEMENT
The Agreement on Trade Related Investment Measures
(TRIMs) is one of Agreements covered under Annex IA
to the Marrakech Agreement, signed at the end of the
Uruguay Round (UR) negotiations. The Agreement
addresses investment measures that are trade related and
that also violate Article III (National treatment) or Article
XI (general elimination of quantitative restrictions) of
the General Agreement on Tariffs and Trade. An
illustrative list of the measures that are volatile of the
provisions of the Agreement is annexed to the text of the
Agreement. These pertain broadly to local content
requirements, trade balancing requirements and export
restrictions, attached to investment decision making.
 Provisions on elimination of
notified TRIMs by WTO
Members, and transition periods
The Agreement requires all WTO Members
to notify the TRIMs that are inconsistent with
the provisions of the Agreement, and to
eliminate them after the expiry of the
transition period provided in the Agreement.
Transition periods of two years in the case of
developed countries, five years in the case of
developing countries and seven years in the
case of LDCs, from the date of entry into
force of the Agreement (i.e. 1stJanuary 1995)
are provided in the Agreement.
 India’s notified TRIMs
As per the provisions of Art. 5.1 of the TRIMs Agreement India
had notified three trade related investment measures as
inconsistent with the provisions of the Agreement:
 Local content (mixing) requirements in the production of News
Print,
 Local content requirement in the production of Rifampicin and
Penicillin – G, and
 Dividend balancing requirement in the case of investment in 22
categories consumer goods.
Such notified TRIMs were due to be eliminated by 31st December,
1999. None of these measures is in force at present. Therefore,
India does not have any outstanding obligations under the TRIMs
agreement as far as notified TRIMs are concerned.
 TRIPS AGREEMENT
The areas of intellectual property that it covers
are: copyright and related rights (i.e. the rights of performers,
producers of sound recordings and broadcasting
organizations); trademarks including service marks;
geographical including appellations of origin; industrial
designs; patents including the protection of new varieties of
plants; the layout-designs of integrated circuits;
and undisclosed information including trade secrets and test
data.

Three main features of TRIPS :

• Standards
• Enforcement
• Dispute settlement
 Doha Decleration
The November 2001 Doha Declaration on the TRIPS
Agreement and Public Health was adopted by the WTO
Ministerial Conference of 2001 in Doha on November 14, 2001.
It reaffirmed flexibility of TRIPS member states in
circumventing patent rights for better access to essential
medicines. In Paragraphs 4 to 6 of the Doha Declaration,
governments agreed that:
The TRIPS Agreement does not and should not prevent
Members from taking measures to protect public health.
Accordingly, while reiterating our commitment to the TRIPS
Agreement, we affirm that the Agreement can and should be
interpreted and implemented in a manner supportive of WTO
Members' right to protect public health and, in particular, to
promote access to medicines for all. In this connection, we
reaffirm the right of WTO Members to use, to the full, the
provisions in the TRIPS Agreement, which provide flexibility for
this purpose.
 (Contd.)
5. Accordingly and in the light of paragraph 4 above, while
maintaining our commitments in the TRIPS Agreement, we
recognize that these flexibilities include:

(a) Inapplying the customary rules of interpretation of public

international law, each provision of the TRIPS Agreement
shall be read in the light of the object and purpose of the
Agreement as expressed, in particular, in its objectives and
principles.
(b) Each Member has the right to grant compulsory
licenses and the freedom to determine the grounds upon
which such licenses are granted.
 (Contd.)
(a) Each Member has the right to determine what constitutes a
national emergency or other circumstances of extreme
urgency, it being understood that public health crises,
including those relating to HIV/AIDS, tuberculosis, malaria
and other epidemics, can represent a national emergency or
other circumstances of extreme urgency.

(b) The effect of the provisions in the TRIPS Agreement that are
relevant to the exhaustion of intellectual property rights is to
leave each Member free to establish its own regime for such
exhaustion without challenge, subject to the MFN and national
treatment provisions of Articles 3 and 4.

16/04/2020 XIDAS Jabalpur 82

(Contd.)
6. We recognize that WTO Members with insufficient
or no manufacturing capacities in the
pharmaceutical sector could face difficulties in
making effective use of compulsory licensing under
the TRIPS Agreement. We instruct the Council for
TRIPS to find an expeditious solution to this
problem and to report to the General Council before
the end of 2002."These provisions in the
Declaration ensure that governments may issue
compulsory licenses on patents for medicines, or
take other steps to protect public health.”
 Current Status Of Doha Agreement
In 2005, WTO members reached agreement on an amendment
to the TRIPSAgreement to make permanent the temporary waiver
contained in the August 30 WTO Decision, which itself fulfilled the
requirement of para.6 of the Doha Declaration on the TRIPS
Agreement and Public Health of November 14, 2001. This decision
created a mechanism to allow WTO members to issue compulsory
licenses to export generic versions of patented medicines to
countries with insufficient or no manufacturing capacity in the
pharmaceutical sector.
The 2005 Ministerial Declaration stated:
"We reaffirm the importance we attach to the General Council
Decision of 30 August 2003 on the Implementation of Paragraph 6
of the Doha Declaration on the TRIPS Agreement and Public
Health, and to an amendment to the TRIPS Agreement replacing its
provisions. In this regard, we welcome the work that has taken place
in the Council for TRIPS and the Decision of the General Council of
6 December 2005 on an Amendment of the TRIPS Agreement."
(Contd.)
The amendment, the first ever to the TRIPS Agreement,
was circulated to WTO members for formal adoption. A deadline
of December 1, 2007 was set for members to accept the permanent
amendment. For the amendment to be put into effect, at least two-
thirds of members must formally adopt it.
On November 30, 2007 Peter Mandelson, the then
European Union's Trade Commissioner, announced that the
European Union formally accepted the World Trade Organization -
approved protocol of December 2005, amending the TRIPS
Agreement. However, in order for the decision to have legal effect,
two-thirds of the WTO's 151 Members are required to ratify the
agreement. The European Union's acceptance only brings the
number to 41.
In 2008 a decision was made to extend the deadline
for accepting the TRIPS agreement amendment. The deadline has
been extended until 31 December 2009 or "such later date as may
be decided by the Ministerial Conference."
Thank you
Prof. V. Y. Badave
Mob :- 9922499144
email :- venkibadave@gmail.com