Emerging Indian IP legislations

and their impact on businesses

by
Vikram Pratap Singh Thakur
Agenda

 Copyright (Amendment) Bill, 2010

 Protection and Utilization of public funded
Intellectual Property Bill, 2008
 National Innovation Bill, 2008
 Trademark (Amendment) Bill, 2009
 The Traditional Knowledge (Protection and
Management) Bill, 2010

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Copyright (Amendment) Bill,
2010

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Copyright (Amendment) Bill, 2010

 Major amendment to Indian Copyright Act,

1957
 Introduced in the Rajya Sabha on April 19,
2010
 objective
 Provide for additional provisions and update the
existing provisions to cater to the current
requirements.

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Important provisions

 Modifications with regard to

cinematographic works and sound recording
 Exception list expanded
 Disability provision
 Parallel import
 Digital Rights Management (DRM) Provisions
 Protection of technological measures

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Digital Rights Management (DRM)

 Rights management information:

 title or other information identifying the work or performance,
 name of the author or performer,
 name and address of the owner of rights,
 terms and conditions regarding the use of the rights
 number or code that represents the above information

 Imprisonment and fine (plus civil remedy)

 Without authority, remove or alter rights management information, or
 Knowingly distribute, import, broadcast or communicate
▪ Without authority
▪ With removed or altered rights management information

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Protection of technological measures

 Anti-circumvention of technical measures adopted to

protect copyrighted content
 Imprisonment and fine
▪ Circumvented with intention to infringe rights
 Exceptions
 encryption research - use lawfully obtained encrypted copy;
 testing the security of a computer system or a computer network
with authorization;
 circumvent technological measures intended for identification or
surveillance of a user;
 lawful investigation; and
 taking measures necessary in the interest of national security
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Business impact

 Increased level of protection for copyrighted

works
 Software
 Cinematographic, musical, etc.
 Low priced editions of works can be imported

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Protection and Utilization of public
funded Intellectual Property Bill, 2008

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Protection and Utilization of public
funded Intellectual Property Bill, 2008

 Popularly known as the Indian Bayh-Dole

 provides incentives for creativity and innovation
and promote commercialization of inventions by
providing certain benefits
 promote collaboration between government,
private enterprises and NGOs
 increase awareness about IP issues in universities,
academic and research institutes
 encourage innovation and promote self-reliance.

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Important Provisions

 Vesting of IP rights
 IP management committee
 Sharing of royalty
 Preference to national industry

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Business Impact

 Better collaboration between govt. and

private sector
 Streamlining of universities
 Tech transfer and licensing

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National Innovation Bill, 2008

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National Innovation Bill, 2008

 Objective
 Facilitate public, private or public- private
partnership initiatives for building an Innovation
support system to encourage Innovation
 Evolve a National Integrated Science and
Technology Plan
 Codify and consolidate the law of confidentiality
in aid of protecting Confidential Information,
trade secrets and Innovation.

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Important Provisions

 Support innovation
 Special measures for supporting initiatives which
deal with low cost technologies
 Incentives for angel investors
 Other facilitation measures
 Public private partnerships
 IP Exchange (IP Market)
 Confidential information

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Business Impact

 Statutory protection for confidential

information
 Easy to interpret
 Trade secret vis-à-vis patent
 Easy to identify potential licensors and
licensees (IP exchange)
 Innovation support provided

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Trademark (amendment) Bill,
2009

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Trademark (amendment) bill, 2009

 10 August, 2010 – passed by Rajya Sabha

 Incorporate the Protocol Relating to the
Madrid Agreement concerning the
International Registration of Marks.
 The Madrid Protocol will facilitate the filing of
trademark applications across the world
through a single application with the national
office.

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Important Provision

 Provisions on international registration of

trade marks under the Madrid protocol.

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Business Impact

 Simultaneous protection of trade marks in

multiple jurisdictions
 Provides an easier and economical route
 Obtain faster protection

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The Traditional Knowledge (Protection
and Management) Bill, 2010

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The Traditional Knowledge (Protection
and Management) Bill, 2010

 Protection and conservation of TK

 Prevention of misuse of TK
 Benefit sharing

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Business Impact

 Collaboration and sharing

 Process streamlined and easier

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International scenario

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US reform bill and India–EU FTA

 US
 First to file
 Opposition – Post grant review
 Best mode – not a criteria for invalidation
 USPTO to set and access own fees

 INDIA-EU FTA
 Harmonization of IP laws
 Major changes required by EU in Pharma sector
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Thank You!

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