Intellectual Property Rights

and Universities

Dr.G.B.Reddy
Professor
University College of Law
Osmania University
Hyderabad-7

gbredlaw@yahoo.co.in
 “For more than a century, the World’s Wealthiest human
being has been associated with oil. Now he is a knowledge
worker ’’

-Lester C. Thurow
“Imagination is more important than knowledge”
- Albert Einstein
(IP is based on the power of imagination)

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Civilization-Sunrise of Knowledge

 17th century-Scientific Revolution

 18th Century-Political Revolution
 19th Century-Industrial Revolution
 20th Century-Information Revolution
 21st Century-Knowledge Revolution

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 Meaning of Intellectual Property

 A kind of intangible property

 Creation of human mind/mental labour
 Includes all rights resulting from intellectual activity in
scientific,industrial, literary, or artistic fields
 E.g.,Patents,Copyright,Trademarks,Designs,GIs
Traditional Knowledge etc.
 Covers-chemical,information and biotechnology
 Transnational in character
 Confers limited monopoly rights on creators/owners

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 IPRs - Duration of Protection - Registration

 Patent 20 years Compulsory

 Plant varieties 18 years Compulsory
 Copyright Life & 60 years Optional
 Trademark 10 years & renewable Optional
 Designs 10+5 years Compulsory
 Trade secrets As long as kept No registration
 Integrated Circuits 10 years Compulsory
 GIs 10 years + renewal Compulsory

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WIPO Definition of IP

IP Includes 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
- TMs, SMs and Commercial Names & designations
&
- Protection against unfair competition
resulting from intellectual activity in industrial, scientific, literary or artistic
fields

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 Classification of Industrial Property
Intellectual Property Literary Property

Patents

Industrial Property Trademarks

Industrial designs, etc.

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 Patents
 Protect inventions
 Inventions-Novel, Useful & Non-obvious
 Term of Protection-20 Years
 Product & Process patents-Indian
Position
 Availability-National & International
Protection
 Rights-Not absolute
 Tools of business

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Protection of New Plant Varieties
 Protection – available to new & improved varieties of
plant
 International Convention for Protection of New
Varieties of Plants,1991-enables protection of plant
breeders rights
 Indian Law- the Protection of Plant varieties and
Farmers’ Rights Act,2001
 Enables registration and protection of new varieties
subject to –Novelty, Distinctiveness, Uniformity and
Stability (NDUS)

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Trademarks

 Include-T.Names,Service Marks
 Purpose- Distinguishing Goods
&Services,Standard, Advt. & Goodwill,
Consumer Protection
 Registration-Not compulsory
 Coca-Cola-Costliest Brand in World
 Include-Domain Names
 Protection-Initially 10 years

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Top Brands in the World
 Top spot in2005 -Coca-Cola, with value of US $ 67.5
billion, a sum that approximates to 50 % of the stock
market value of Coca-Cola Company
 Next come Microsoft, IBM, GE, Intel, Nokia, Disney,
McDonald’s, Toyota and Marlboro; these brands make
up the world’s "top ten" by value.
 top ten brands cover -family names, like Disney and
McDonald’s; initials, like IBM and GE; semi-descriptive
and "associative" names, like Microsoft and Intel; and
abstract names, like Nokia and Marlboro.

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 Industrial Designs

 Ornamental or aesthetic aspects of an article

 Make an article attractive and visually appealing
 Registered and protected for 10+ 05 years
 Owner of a registered industrial design - has
exclusive right against unauthorized copying or
imitation of the design
 A cell phone’s size, shape, color and overall look
owes its look to industrial design.

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 Geographical Indications

 Apply to particular products having particular

characteristics closely identified with, and due to their
geographic place
 Refer to Indications of Source and Appellations of origin
 Best examples -Swiss Chacolates, Champagne
(Sparkling wine), Florida oranges, Roquefort cheese,
Tuscany olive oil, China silk, Mysore Silk, Pochampally
sari , Bidriware, Mysore sandalwood soap , Kullu
shawl ,Tirupati Laddu etc
 Apply to Goods-Agricultural,Natural and Manufactured
 Joint IP of stakeholders

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Copyright
 Literary Property includes Copyright and
Neighbouring/related Rights
 Protects literary, artistic, musical,dramatic works and
computer works apart from photographs and
cinematograph works
 Protects expression of an Idea
• Initially vested in authors (creators)
• Means a bundle of rights relating to reproduction, issue
of copies, performance of work in public, translation,
adaptation etc.
• Registration not compulsory

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Subject-Matter of Copyright
Protection
 Literary works (including Computer Programs)
 Dramatic works
 Musical works
 Artistic works
 Sound Recordings
 Films
 Broadcasts
 Cable Programmes etc

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Rights of Authors
 Economic rights- including right to reproduce work,to issue copies to
public,to make cinematograph film/sound recording,to perform work in
public,to translate/make adaptation of work ( Sec.14)
 Resale share right in original copies,if price exceeds Rs.10,000/-
(sec.53-A)
 Moral rights (independent of author’s copyright and even after its
assignment)
-paternity right ( to claim authorship of work)
-integrity right ( to restrain/claim damages in case of
distortion/mutilation,modification prejudicial to authors’ honour or
reputation) (Sec.57)

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Neighbouring Rights
(Chapter VIII,Sec.37 to39-A)

 Subject matter of rights

(1) Sound Recordings/cinemas
(2) Performances
* Beneficiaries of Rights
-Broadcasting Organisations
-Performers
* Include -Broadcast Reproduction
- Rights (25 years)
- -Performers’ Rights (50 years)
- Also called Related Rights

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Relevant I.P.Law in India
 The Copyright Act,1957 (as amended in 2012)
 The Patents Act,1970 ( as amended in 1999,2003
& 2005)
 The Trade marks Act,1999
 The Plant Varieties & Farmers Rights Protection
Act,2001
 The Designs Act, 2000
 The Geographical Indications of
Goods(Registration & Protection)Act,1999 etc

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Nexus Between IPRs and
Universities
 Universities- places where creative minds
converge, new ideas germinate &advances in
knowledge are brought about
 Sources of new knowledge and skills, and a
space for creativity and innovations
 Expected to document knowledge and
information, facilitate inventions and
innovations ,create all forms of IPRs, generate
wealth for the university and nation

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Present Status of Universities
 Distance between theoretical and practical aspects of
programmes offered
 Fragmentation/cubicalization of knowledge into pockets
as medicine, engineering and technology
 Indifference on part of universities to local knowledge
 Divide between research bodies and universities
 Increasing tendency to treat teaching and research as
separate bodies

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The Bayh-Dole Act,1980 -The US
Experience
 Position before 1980 – wide gap between
universities and the industry in the area of
research and development
 Discovery by US Government that many
inventions resulted from federal funding, could
not become marketable products for lack of
additional investments needed
 In 1980, US Government held 28000 patents yet
<5% were licensed to industry for development
as commercial products

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The Bayh-Dole Act,1980 -The US
Experience
 Enactment of the Bayh-Dole Act,1980
 Object-to use the patent system to promote utilization of
inventions arising from federally funded research or
development
 Before 1981- US universities sought & received <250
patents annually
 A decade later -the average increased to 1600 and 80%
came from federally funded research
 In 1992- 200 universities had at least one patent granted
annually
 Impact-Academic and research institution have become
keen seekers of patents

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Universities and IPRs -Present
scenario
 No IPR policy for majority of universities
 No proper documentation of IP created in
Universities
 No facilitation for managing the IP created in
universities
 No incentives to creators and inventors
 No/negligible interaction between universities
and industry (on contrary –ref. to SIDBBI Innovation and Incubation Center at
IIT, Kanpur)

 No law in India like the Bayh Dole Act of USA

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IPR & future agenda for Indian
Universities
 Evolution of IPR policy for every university
 Proper documentation of IP created in universities & management
of IP [like TKDL]
 Identifying creators and circumstances of creation
 Constitution of IP Cell / Center as nodal agencies to interact with
industry
 Need to expedite enactment of “the Protection and Utilization of
Public Funded Intellectual Property Bill,2008”
 Follow recommendation of NKC led by Sam Pitroda- “Educational
efforts on IPR must go beyond the IP offices and reach out to
scientists and engineers working in national research institutes,
universities, industry, the Bar, as well as to researchers and
students, not just in the metropolitan areas but also in the smaller
towns and rural areas of the country.”

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The Protection and Utilization of Public Funded
Intellectual Property Bill,2008- Basic Features
 Protection and Utilization of IP resulting from Public Funded
research
 Agreement between Central Govt, Recipient (university) & Creator of IP
 Disclosure of public funded IP to Govt. within 60 days
 Vesting of title of public funded IP in recipient or Govt.
 No assignment of public funded IP to anyone without prior
permission form Govt.-preference to national industry
 Duty of IP creator to disclose to recipient
 Constitution of IP management Committee in recipients
 Sharing of Royalties/income -30% to creator-30% IP mgmt
Committee-rest by recipient for other research purposes
 No application to IP generated out of scholarship, fellowship or grant
given by Govt. primarily for educational purposes
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Intellectual Property –A Power Tool for
Economic Growth
 The continuum from problem ➔ knowledge ➔
imagination ➔ innovation ➔ intellectual property
➔ the solution, in the form of improved products
and new technologies, continues to be a
powerful driver for economic development.
 the accumulation of knowledge is the driving force
behind economic growth… Paul Romer,renowned
economist
 Romer’s theory suggests that for countries to
promote growth, their economic policies should
encourage investment in new research and
development (R&D) and subsidize programs that
develop human capital.

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IPRs and Academic Research

 IP Awareness
 Understanding economic value of
research
 Legal aspects of research
 Industrial potential of research

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Popular misconceptions about
Copyright
 Copyright is compulsorily registrable
 Copyright protection is the concern of individuals only
 Complaints can be lodged at the accused/defendant’s place
only
 Tracking/tracing owner of copyright to adduce evidence of
infringement is essential
 Any non-profit use is permissible
 Fair Use/dealing always is a better defence.(See Ss.51752 of
Copyright Act 1957)

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Tips for Writers/teachers

 Acknowledgment-safest &professional
courtesy
 Quote little and quote accurately
 Avoid plagiarism
 Create original works [originality of
expression]
 Reserve and register your works
 Be careful about contracts
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Plagiarism Issues in Academic
Research
 Fair Dealing/ Fair Use Exception: allows the use of a
copyrighted work for (1) reporting of current events and
current affairs, (2) criticism and review, and (3) private or
personal use, including research

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 Need of the Hour

Demystify the IPRs

- Understand them
- Create them
- Identify them
- Document them
- Register them
- Exploit them; and
- Protect them

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