IPRs

The right of a person or company to exclusively use its own ideas, plans, and other intangible assets without competition, at least for

a certain period of time.

 Patents

Industrial designs
Trade and service marks Copy rights GEOGRAPHICAL INDICATIONS Layout designs (of integrated circuits). Trade secrets Protection of inventions in biotechnology (plants).

INDIAN IPR REGIME Meet international obligations while safeguarding national interests Modernize Move ahead

STRATEGY FOR IPR Meet International obligations through Legislative changes Modernize IPR Regime Create Awareness

IP Strategy
Strategy Identify intellectual property assets. Develop plan of protection through four main forms of intellectual property: copyright, patent, trademark and trade secret. Exploit intellectual property through program of licensing and distribution that best preserves your IP position. Develop program of enforcement of intellectual property rights. Monitor changes in the law and participate in such changes. Watch for IP claims by key competitors, particularly in the patent area.

Legislations
The The Patents Act, 1970 Product Patent Patent Term of 20 years Public Health Safeguards Protection to Traditional knowledge Trade Marks Act, 1999 Service Marks and Collective Marks Term increased from 7 years to 10 years

Legislations
The Designs Act, 2000

The GI Act, 1999

The Copyrights Act, 1957 The Bio-Diversity Act, 2001 The Layouts Act,2000 and Integrated Circuits

Trademarks AND Tradenames

It deals with good will attached to marketing symbols, trademarks, trade names or get up by actual use in relation to some product or service Examples Reebok, Mc Donalds, Nike, Levis etc. Trademarks help to distinguish between the goods of competing traders Trademark helps a customer to buy goods of a certain quality Trademarks may be in form of a letter, numeral, whole sentence, picture, combination of words and devices, label etc.

TRADE MARKS ACT, 1999

TRADE MARK: Trade mark is defined as a mark capable of being represented graphically and that is capable of distinguishing the goods or services of one person from those of others and may include shape of goods, their packing and other combination of colours. E.g. Colgate, Bata, Pantene etc. Patents, designs and copyright are protected only for a limited period. On the other hand, in general, a registered trade mark can be protected in perpetuity subject only to the following conditions: - It is used and renewed periodically and - The registered proprietor takes prompt action against infringers.

Definitions
MARK: Section 2(1) (m) of TM Act, 1999 defines Mark as Mark includes a Device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packing or combination of colours or any combination thereof. Example M written in a particular style with yellow colour for MacDonalds; 555/777 numerical used for detergent soaps; signature used as a mark for alcohol etc.

Trademark Definition: A word, slogan, design, picture, or any other symbol used to identify and distinguish goods or services Purpose: communicate to the public the origin of the goods Word: McNuggetthink McDonalds Slogan: Just do itthink Nike

Design: --think Hewlett Packard Think Sales & Marketing

 SERVICE MARK: It means service of any description that is made available to any potential users and includes the provision of service in connection with business of any industrial or commercial matters such as banking, communications, education, financing, insurance, chit funds, real estate, transport, storage, material treatment, processing, supply of electrical or other energy, boarding, loading entertainment amusement, construction, repair, conveying of news or information and advertising. CERTIFICATION TRADE MARK: There is a species of trade mark called as Certification Trade mark. Its function is to indicate that the proprietor of the mark has certified the goods bearing the mark as to certain characteristics of the goods. e.g. Geographical origin, ingredients and so on such as ISI, AGMARK

Copyright
Copyright is a right given by the law to creators of literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings. A right owned by every author of a work to exclude others from doing any of the following activities in connection with the work: (1) reproduction, (2) Adaptation, (3) Distribution to the public, (4) Performance in public or (5) Display in public Think Creative arts

Trade Secret
Definition: Business information that is the subject of reasonable efforts to preserve confidentiality and have value because it is not generally known in the trade Examples: formulae, devices, manufacturing processes, customer lists & preferences Uses: good alternative to a patent if invention cannot be reverse-engineered [i.e. recipe & formulation of Coca-Cola] Think Business

GI natural or manufactured goods An indication used to identify agricultural,

originating from a definite territory in India. It should have a special quality or characteristics or reputation based upon the climatic or production characteristics unique to the geographical location. Examples of Geographical Indications in India are Darjeeling Tea, Kanchipuram Silk Saree, Nagpur Orange, Kolhapuri Chappal, Bikaneri Bhujia, Hyderabad Haleem etc. Any association of persons, producers, organization established by or under the law can apply representing & protecting the interests of the producers. The registration of a Geographical Indication is for a period of ten years. Renewal is possible for further periods of 10 years each. A trade mark is a sign which is used in the course of trade and it distinguishes goods or services of one enterprise from those of other enterprises. Whereas a Geographical Indication is used to identify goods having special characteristics originating from a definite geographical territory.

Patent
Definition: A grant by the government to an inventor of the right to exclude others from making, selling, or using the invention Types: Provisional, Utility, Design and Plant Think Innovation

Why Patenting

Patents prevent others from commercially utilizing an invention. For the research-based industry, periods of market exclusivity are crucial for the recoupment of R&D expenditure. Patents encourage financial risk and long-term research. Patents guarantee the dissemination of information.

Types of Patents Design Protects only the appearance of an object, not its functionality registration is intended to protect designs which have an industrial or commercial use. Contains only drawings [which serve as the claims] 15 year term

Types of Patents Plant

Granted to anyone who discovers or asexually reproduces a new variety of plant; cannot be tuber-propagated Very rare 20 year term

Protection Criteria for Patentability

New & useful Non-obvious Capable of Industrial Applications

Enforcement

Opposition proceedings Licensing provisions Infringements suit provisions

Patents Act specifies

What are not inventions? What are not patentable inventions?

How to get that monopoly right?

Advantages
Knowledge adds to scientific background forming base for further research Reasonable assurance for commercialization patent open to public for use : after term expiry or when it ceases to be in force

Why Specifically in Biotechnology and Pharmacology

In general Provides the reward for all of the risk In Biotech there is a LOT of risk . . . and a lot of cost . . . meaning . . . There is huge value placed on patent position 300 million in actual outlays over 10 years to bring a FDA approved product to market (Biospace Online, 2002) Biotechnology is driving this cost drugs and products are getting better, more precise, but genomics and precision make discovery much more expensive
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Invention
Invention is a successful technical solution to a technical problem. To be granted a Patent, An invention must be
- New - Non-obvious - capable of industrial application

Dealing With An Invention

Make it public for free use by public(like publishing in the journal) Or Work the invention in secrecy without patenting it (like coco-cola composition) Or Work the invention openly without patenting it (directly put it in the market) Or Exploit the invention on the basis of a patent (like Rank Xerox )