GIs, designs, circuits


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UG and PG students of Pharmacy and technology


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Geographical Indications, Design and Integrated Circuits Dr C. V. S. Subrahmanyam [email protected] Lecture notes ppt or lnppt


Explain the concepts of geographical indications with examples Objectives of this Session The participant shall be able to: Geographical Indications CVS 2


Introduction Types GIs-Modern economies Significance GI and Trademarks - Distinction Appellation of origin Registration and term of GI Geographical Indications (GI) Law of GI in India CVS 3


Geographical Indications (GI) Many goods possess their peculiar properties due to their geographical origin GI s name or sign used on certain products to identify agricultural or mfr goods originated from geographical territory Regions of fame for spices Treasure and wealth Name sign CVS 4


Geographical Indications (GI) Examples Nilgiri tea or Darjeeling tea These products owe their special quality and reputation to their geographical place of growth or processing Madras pan or Banaras pan Kashmir carpets Shivakasi crakers Silicon crystals CVS 5


Geographical Indications (GI) Many goods possess their peculiar properties due to their geographical origin Significance * Indication * A sort if certification * Indicate the origin * Prevents other to use * Agricultural/natural/manufacturing Produced from that territory * Special reputation/sp quality * Local protection * Boost exports * Economic prosperity Maintain quality CVS 6


Geographical Indications (GI) Types 1. Agricultural: * Basumati rice * Nellore wheat Nagpur oranges * Malabar pepper * Alphanosa mangoes Darjeeling tea CVS 7 2. Natural goods: * Diamonds – (South Africa) * Neyvelli - lignite * Monosite - kerala


Geographical Indications (GI) Types * Madras - pan * Kolhapuri - chappals 3. Manufactured goods: * Pochampally - ikal * Kanchipuram - silk * Mysore - silk * Kashmir - shawls * Shivakasi - crackers CVS 8 4. Handicrafts * Mysore – rose wood * Chanapatna - toys * Bidir - Bidri ware Tanjavur art plate


Geographical Indications (GI) Types * Madras - pan * Bikaneri bjujiya 5. Industrial products * Swiss watches * Coimbatore wet grinder 6. Food stuffs * Mysore pak * Agra petha CVS 9 7. Wine and spirits * Goa - fenni * French - champagne * Scotch Whisky


Geographical Indications (GI) Modern economies Free trade Economic value (pay high price) Scope for spurious products National heritage of a country Item: Budwiser (USA) vs Bud (Beer) World wide popularity GIs: climate, topography, in fact knowhow Infringement and evidence India vs. Starbucks, USA – chai tea America vs Czech Republic Budejovice is place in Czech Republic France lobby – for wines & spirits Budwiser (USA) was cancelled CVS 10


Geographical Indications (GI) Modern economies GIs are superior to TMs GIs are general expressions – chai tea National Laws – protection of GIs Singapore is in WTO 1) By jurisprudence France - Champagne 2) By registration through registered marks E.g., Scottish Salmon 3) By a competent govt authority Don’t respect GIs – not legal Agmark, ISI, ISO etc. CVS 11


Geographical Indications (GI) Appellation of origin On products having a specific quality, due to geographical environment GIs already included appelllation of origin Appellation of origin is quality mark CVS 12


Geographical Indications (GI) Appellation of origin Geographical Indications ( GI ) Appellation of Origin ‘ source ’ -availability of a product/service in a country/ region/specific place, since ages. ‘ origin’ from a geographical name of a country/region/ specific place. Product produced from that place. If a product is produced from a different place, it cannot come under GI, though the product has same characteristic attributes. link between product and area of product. Common characteristics due to its geographical origin. Eg : climate , soil or traditional method of production. The product may be obtained from a different place, still it can be appellation of origin due to its attributes. General kind of indication of source. Special kind of indication of source. CVS 13


Geographical Indications (GI) TMs Vs. GIs GIS TMS GI is source identifier Source identifier Protects products and place of production Protects mfr Community right Individual right Cannot be licensed, assigned Can be licensed, assigned Registration Not compulsory Provide legal protection Validity: 10 yr, renewal-10 yr, life long Lost if fee is not paid Chenai, registry, same of Patents, Designs and trademarks CVS 14


Geographical Indications (GI) Laws TRIPS compliance GIs of Good and (Registration and Protections) Act 1999 15 th Sept 2003-Started protection Rules 2002 CVS 15


Explain the concepts of industrial designs with examples Objectives of this Session The participant shall be able to: Industrial Designs CVS 16


Introduction Explanation Law in India Examples Term Registration Industrial Designs CVS 17


Industrial Designs Manual, mechanical or chemical Design means features of shape, configuration, pattern (or ornament) on article Shape’ refers to the 3-D form ‘Pattern’ refers to - embossed, engraved or placed on the article for the purpose of decoration Decoration Industrial process is essential Separately or combined CVS 18 Ornamental or aesthetic aspect of an article enhances visual appeal and differentiates the product Growth of textile industries Abstract idea to design Limited to utilitarian articles


Industrial Designs Designing and printing on linens, cotton, calico, muslin cloth etc. Areas: Textile, sculpture, pottery porcelain Jewellery, Books, book binding Examples Shoes, TVs 2D graphic design bed sheet CVS 19 Shape, size, colour, etc. Eg: US patent D380825 granted to Merck & Co., Inc. Pharmaceuticals In Design Act


Industrial Designs 3D designs Industrial designs shape of the perfume bottle CVS 20


Industrial Designs Not contrary to public order or morality Shapes should not be determined merely by the functionality of the goods Criteria for protection New and original Capable of mass production or application on an article of utility Industrial process Mere mechanical is not registered CVS 21


Industrial Designs Blister pack Industrial designs Vials and containers CVS 22


Industrial Designs Serial number (essential) It is not copyright – product is not aesthetic REGISTERED, REGTD OR RD Importance is not on article Article is Not covered by patents Functionality should not be changed Only design should be novel Indications Legal protection It is not patent – product is not covered, not novel Others also can produce It is not trademark – External appearance changed Else right not ensured CVS 23


Industrial Designs Designs Rules 2001 Designs Office, Kolkata Designs Act 2000 Assistant Controller of Designs Life of protection: 10 years 6- months time for decision Renewal for next 5 years Law in India Registration Term Regional office at chennai After examination Pay fee CVS 24


Explain the concepts of integrated circuits with examples Objectives of this Session The participant shall be able to: Integrated Circuits CVS 25


Introduction Registration Exclusive rights Importance Term Law in India Integrated Circuits (IC) CVS 26


Integrated Circuits (IC) Circuit include lead wires and connecting such elements and expressed in any manner in a semiconductor integrated circuits (IC) Uses in: watches, television sets, washing machines, automobiles, data processing equipment (calculators, computers) Def: These are essentially semiconductor chips designed to perform elelctronic circuitry function E.g. transistors, resistors, capacitors and their interconnections CVS 27 Chips and circuit boards


Integrated Circuits (IC) Integrated circuit present in friabilator CVS 28 IC layouts are creation of human mind investment of time and money in the creation, but copying is very easy cheap new circuit designs cater for miniaturization and novel applications It increases the functionality TRIPS agreement urges for protection


Integrated Circuits (IC) Exclusive rights Registrar, Semiconductor Integrated Circuits, Layout Design Registry, New Delhi Registration Relief in respect of infringement CVS 29 Within 3 months – oppose the application Hearing Approval/disapproval Within 14 days advertised reproduction, importation, sale, distribution Exclusive rights Commercial rights


Integrated Circuits (IC) 10 years from date of filling or date commercial exploitation Term in India or other countries, whichever is earlier CVS 30 Law Semiconductor Integrated Circuits, Layout Design Act 2000 Rules 2001


Intellectual Property Rights - Introduction 31 Describe the status of industrial designs in IPR with special reference to pharmacy related areas. Question Bank Each question 10 marks 2. Explain safeguards taken for securing the benefits of the geographic indications. Explain the Importance and limitations of geographical indications. Each question 5 marks CVS


Intellectual Property Rights - Introduction 32 CVS Subrahmanyam and J Thimmasetty Source book Pharmaceutical Regulatory Affairs [email protected] Vallabh Prakshan, Delhi CVS


Intellectual Property Rights - Introduction 33 CVS Other ppts from cvssubrah with authorstream 2) Patents - Introduction 3) Indian Patents - General 4) Indian Patents – Steps in Patenting 6) Trademarks 5) Copyrights 7) Trade Secrets 1) IPR - Introduction


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