TRANSFER OF TECHNOLOGY PATENTS ,

Patenting biotechnological inventions

Presented By : Navaneeth P.T

JKT22032
2nd Year LLB (3Years)
 INTRODUCTION TO INTELLECTUAL PROPERTY (IP)
What is Intellectual Property?
• Intangible creations of the human mind
• Protected by law to provide creators with exclusive rights

Types of IP:
• Patents
• Trademarks
• Copyrights
• Designs
• Geographical Indications
Intellectual property refers to intangible creations of the human mind. These creations can be inventions,
literary and artistic works, designs, and symbols used in commerce. IP laws grant inventors and creators
exclusive rights over their creations for a limited period. This exclusivity allows them to control how their
creations are used and benefit from their commercial exploitation. There are various types of IP protection
available, each catering to specific categories of creations. Today, we will focus on patents, technology
transfer, trademarks, and the remedies available for IP infringement.
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 PATENTS
What are Patents?
• Exclusive rights granted for an invention
• Inventions must be:
• Novel (new)
• Inventive Step (non-obvious)
• Industrally Applicable (can be produced)
• Granting of Patents:
• Application process with the Indian Patent Office
• Term of a patent: 20 years
• Speaker Notes: A patent is an exclusive right granted for an invention, which is a new product, process, or
device. To be patentable, an invention must meet three main criteria: novelty (meaning it must be new and
not publicly known), inventive step (it must not be obvious to someone skilled in the art), and industrial
applicability (it must be capable of being produced or used in an industry). Patents are granted by the
Indian Patent Office following a rigorous application process. Once granted, a patent provides the patentee
with exclusive rights to prevent others from making, using, selling, or importing the patented invention for
a period of 20 years.
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 PATENTING BIOLOGICAL INVENTIONS IN INDIA

• Patentability of Biological Material:

• Living organisms, per se, are not patentable
• Microorganisms, however, can be patented
• Genetically modified organisms (GMOs) can be patentable subject to certain conditions
• The Patents Act, 1970 (as amended):
• Legal framework for patenting biological inventions in India
• Case Study: Dimminaco AG v. Controller of Patents
• The landmark case where the Kolkata High Court held that a process for the preparation of a vaccine
containing live viruses was patentable.
The patentability of biological material in India is a complex issue. Living organisms, in their natural state, are
not considered patentable. However, microorganisms can be patented if they are isolated from their natural
environment. Genetically modified organisms (GMOs) can also be patentable, but there are specific conditions
that need to be met. The Patents Act, 1970 (as amended) governs the patenting of biological inventions in
India. It is crucial to consult with a patent attorney to determine the patentability of a specific biological
invention.

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 TECHNOLOGY TRANSFER

• What is Technology Transfer?

• Process of transferring technological knowledge, skills, and expertise from
one party (transferor) to another (transferee)
• Can involve patents, know-how, and other forms of IP
• Importance of Technology Transfer:
• Promotes economic development
• Enhances innovation and competitiveness

Technology transfer refers to the process of transferring technological knowledge, skills, and expertise from
one party (the transferor) to another (the transferee). This transfer can involve patents, know-how
(undocumented technical information), and other forms of intellectual property. Technology transfer plays a
vital role in promoting economic development by facilitating the diffusion of new technologies and fostering
innovation. It also enhances the competitiveness of businesses by enabling them to access and utilize advanced
technologies.

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 MODES OF TECHNOLOGY TRANSFER

• Licensing Agreements:
• Permission to use patented technology for a fee
• Exclusive or non-exclusive
• Joint Ventures:
• Collaboration between two or more parties to develop or commercialize a technology
• Case Study: Ranbaxy-Sankyo Collaboration
• Example of a successful joint venture in the pharmaceutical sector for technology sharing and innovation.

There are various modes for technology transfer, each with its advantages and disadvantages. Licensing
agreements involve a contractual arrangement where the owner of a technology (licensor) grants permission to
another party (licensee) to use the technology for a specific period in exchange for a fee. Licenses can be
exclusive (granting the licensee the sole right to use the technology in a particular territory) or non-exclusive
(allowing the licensor to license the technology to others). Joint ventures involve collaboration between two or
more parties to develop or commercialize a technology, with each party contributing resources and expertise to
the venture.

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 MODES OF TECHNOLOGY TRANSFER (CONTINUED)

• Franchising:
• Granting rights to use a brand name and business model in exchange for a
fee
• Technical Assistance Agreements:
• Providing technical expertise and know-how to develop or implement a
technology
• Sale of Technology:
• Permanent transfer of all rights to the technology

Franchising is a business model where a franchisor grants a franchisee the right to operate a business under the
franchisor's brand name and using its business model. Technical assistance agreements involve providing
technical expertise and know-how to a recipient to develop or implement a technology. The sale of technology
is a straightforward transfer where the owner of a technology sells all rights to the technology to another party,
making it a permanent transfer.

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 REMEDIES FOR PATENT INFRINGEMENT

• What is Patent Infringement?

• Unauthorized use of a patented invention
• Remedies Available:
• Injunctions: Stop infringing activity
• Damages: Monetary compensation
• Account of Profits: Disclose and pay profits from infringement
• Seizure and destruction of infringing goods
• Case Study: Novartis AG v. Cipla Ltd.
• In this case, the court granted an injunction against Cipla for infringing Novartis’ patent.

Patent infringement occurs when someone uses a patented invention without the permission of the patentee. If
you believe your patent rights have been infringed, you can seek legal remedies to protect your rights. These
remedies include injunctions to stop the infringing activity, monetary damages to compensate for losses, an
account of profits made by the infringer from the infringing activity, and the seizure and destruction of
infringing goods.

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 CASE STUDIES

• Patent Case:
• Novartis AG v. Union of India (2013)
• Supreme Court rejected Novartis' patent application for the cancer drug Glivec, emphasizing the need for genuine innovation.
• Case law :
• Bajaj auto limited v. TVS motor company
• Amul v. Amul Spray (2004)
• Gujarat High Court ruled in favor of Amul, protecting their trademark against deceptive similarity.

The Novartis AG v. Union of India case is a landmark in Indian patent law, emphasizing genuine innovation
over evergreening. The Amul v. Amul Spray case highlights the protection of trademarks against deceptive
similarity, reinforcing the importance of trademark rights.

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 CONCLUSION
• Importance of Intellectual Property:
• Protects innovation and creativity
• Promotes economic growth
• Provides competitive advantage for businesses

Intellectual property rights are crucial for fostering innovation and creativity. They
provide inventors, artists, and businesses with incentives to invest in new ideas.
Strong IP protection promotes economic growth by encouraging research,
development, and foreign investment. For businesses, IP rights offer a competitive
advantage.

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THANK YOU

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