Indian Intellectual Property Rights

A Presentation

By
Anurag saraogi
Gs Raja
Muzaffar Hussain
Pravesh marwara
 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% of doctors in USA are Indians
• 12% of scientists in USA are Indians
• 36% of NASA scientists are Indians
• 34% of Microsoft employees are Indians
• 28% of IBM employees are Indians
• 17% of INTEL scientists are Indians
• 13% of 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 Tangible
Intangible

Right
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  Trade Secrets

no disclosure
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 - Bills are passed Integrated

Circuits, in Parliament -
Geographical Indications, follow up in progress
Convention on Biodiversity etc.
 TRADEMARK
(BRANDNAME)

Design Copyright
(Packing (printed matter &

Product
Format + manner of presentation)
Style)

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 • TRIPs
• WIPO
• PARIS
• PCT
• BUDAPEST CONVENSION
TREATY • PLT
• STRASSBOURG
AGREEMENT (IPC) (TRIPS
• USPTO – 35 USC COUNCIL)
• EPO / EPC
 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 – definitions as per TRIPs

 Scope widened – Micro organisms

– mathematical or business
method or computer program with
applications/
– utility (except “by itself”)
– traditional knowledge
Highlights (cont’d)

 Traditional Knowledge - Excluded (as such)

from Patentability

 PCT - Provisions & Procedures

introduced

 Depository for Biological - Budapest Treaty compliance

 Highlights (cont’d)
 Compulsory Licence - specified and defined (with
Provisions and without 3 year restriction)
includes “Doha Declaration”

“Licence of Right” - Deleted

 Quantum of Royalties - open for negotiation

- taking into account the
economic value of the use of
the patent
- not more than adequate
remuneration
Highlights (cont’d)

 Waxman-Hatch Type - Regulatory approval related

provision / working during life of patent without
restriction – allowed

 Reversal of burden of - In case of process patent

proof

 Parallel Imports - Incorporated

Provisions
 Highlights (cont’d)

 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.