Intellectual Property Rights Patent system in Indi

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Intellectual Property Rights & Patent system in India : 

By:- Vikas Churasia Avnish srivastav Avishisht kumar Vineet singh Yadav Intellectual Property Rights & Patent system in India To:- Dr. S.Ali

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Intellect is an umbrella term used to describe a property of the mind that encompasses many related abilities, such as the capacities to reason, to plan, to solve problems, to think abstractly, to comprehend ideas, to use language, and to learn. There are several ways to define intelligence. In some cases, intelligence may include traits such as creativity, personality, character, knowledge, or wisdom. However, most psychologists prefer not to include these traits in the definition of intelligence.

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Key Elements in Intellectual Pursuits Data Information Knowledge Knowledge Creation / Generation Knowledge + Imagination = Intellect & Intellect is the Imagination with Reasoning

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Intellectual Property An intellectual (involving imagination and reason) is one who tries to use his or her intelligence and analytical thinking in either his profession or personal pursuits. Product of the mind creativity is the Intellectual Property and Right to protect this property is the Intellectual Property Right.

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Intellectual Property Right (IPR) The Intellectual Property Right (IPR) relates to the right of an individual to derive benefits from his intellectual property and to exclude others from doing so. Intellectual property rights are a bundle of exclusive rights over creations of the mind, both artistic and commercial. Under intellectual property law, owners are granted certain exclusive rights to a variety of intangible assets, such as musical, literary, and artistic works; ideas, discoveries and inventions; and words, phrases, symbols, and designs. 5

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Key Elements of IPR Patents Copyrights Trademarks Trade Secrets

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Copyright Copyright is a legal term describing the economic rights given to creators of literary and artistic works, including the right to reproduce the work, to make copies, and to perform or display the work publicly. Copyright protects arrangements of facts, but it does not cover newly collected facts as such. Moreover, copyright does not protect new ideas and processes; they may be protected, if at all, by patents.

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Copyright works:- Literary Works Musical Works Dramatic Works Artistic Works Duration Life of author + 50 years

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Trademarks Trademarks are commercial source indicators, distinctive signs that identify certain goods or services produced or provided by a specific person or enterprise. Trademarks are especially important when consumers and producers are far away from one another.

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Trademark includes:- Well-known marks Domain names Geographical Indications Non-traditional Marks

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Trade Secrets Trade secrets are classified as any information that may be used in the operation of a business and that is sufficiently valuable to afford an actual or potential economic advantage. Trade secret includes:- Financial Information Commercial Information Technical and scientific information

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Advantages of trade secrets It include unlimited duration. Lack of legal formalities and requirements. Example of trade secrets Like formulas for products, such as the formula for Coca-Cola.

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Patent A patent is the form of a certificate granted by a government. It gives the inventor the right to exclude others from imitating, manufacturing, using or selling the invention in question for commercial use during the specified period. Patent is valid only in the country that has granted it. It is granted for an innovation, invention, process of producing a product, and a concept.

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What Is Patentable “[A]ny new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof .…” This includes – Methods of Use – Methods of Doing Business Only the inventor(s) may apply for a patent

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Legal aspect of IPR in India The Copyright Act 1957 The Patents Act 1970 The Trademarks Act 1999 Amendment in copyright act There is no amendment in copyright act but some sections of this acts are changed e.g. Section 2, 14, 38, 40, 52 etc.

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Amendment in Patent Act 1970. IstAmendment-1999 IInd amendment-2002 IIIrd and Final Amendment-2005 Amendment in Trademarks act 1999 Only one amendment i.e. The Trademarks amendment Bill 2007.

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Salient Features of Copyright Act,1957 Chapter I contains the usual preliminary sections including the definitions. Chapter II establishes a copyright office under the control of the Registrar of Copyrights who, in turn, is required to act under the supervision and directions of the Central Government. Chapters III to VI of the Act are really the heart and they deal with the meaning of a copyright and the works in which a copyright subsists, the ownership of a copyright and the rights of the owner in terms of licenses, etc.

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Section 47: Form and inspection of register Section 50A: Entries in the copyright register to be published Growth of Indian Pharmacy Industries Allowed Indian companies to legally produce generic versions of medicines that were under patent elsewhere. Developed thriving generic drug industry. Indian drug manufacturers were capable to produce low-cost drugs. Salient Features of Patent Act, 1970

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Salient features of Trademarks Act, 1999 Expanded definition for Trademark Collective Marks Well known trademarks Single Register Single application for registration under many class of goods Enhanced term of protection and renewal

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Other special acts in IPR The Geographical Indications Act, 1999 es, 2000 The Semiconductors Integrated Circuits Layout-Design Act, 2000 The Information Technology Act, 2000 The Designs Act, 2001 The Trade Rules, 2001

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Locations of the Patent Offices The Patent Office, Intellectual Property Office Building, CP-2  Sector V, Salt Lake City,Kolkata-700091, Phone : 23671945, 1946, 1987, FAX-033-2367-1988, Email:- [email protected] (Covers Eastern region) The Patent Office,Intellectual Property Office Building,G.S.T. Road, Guindy, Chennai-600032, Phone: 044-22322824-25, FAX: 044-22322878,Email: [email protected] (Covers Southern region) The Patent Office, Intellectual Property Office Building,Plot No. 32, Sector 14, Dwarka, New Delhi-110075,Phone : 011-28081922-25,FAX:011-28081920-40, Email:  [email protected] (Covers Northern region) The Patent Office, Intellectual Property Office, Todi Estates, 3rd Floor, Lower Parel (W), Mumbai 400013,Phones: (022) 24924053, (022) 24925092,Fax: (022) 24950622, Email: [email protected] (covers Western region)

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Recent Developments Increased Filings Recent Development In India New Case Law Administrative Improvements What is not Included till Now In IPR

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Increased Filings from India

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Increased Filings in India

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Recent Development In India

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Key findings from the 2009 patent Focus Report include: The number of patent examiners in India has remained relatively static - raising questions about the quality of patents coming out of the Indian IP Office. In response, at the end of 2008 India announced 414 new examiner posts to be created by 2012.

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Patents granted for Products other than medicines, agro-chemicals and food Only process patents for the above Mail Box provision for pharmaceutical substance Examination from 1.1.2005 Exclusive Marketing Rights 5 yr Patent term for pharma and food process patents and 14 years for others

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New Case Law

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Courts Award Higher Damages Trend suggesting IP is a higher priority Time Inc. v. Lokesh Shrivastava (2005) TM case; $11,221 general damages; $11,221 punitive damages Adidas-Salomon A G & Ors v. Jagdish Grover (2005) TM case re: ADIDAS mark; $33,663 damages Microsoft Corp. v. Yogesh Popat (2005) Copyright case re: software piracy; $44,323 damages Microsoft Corp. v. Kamal Wahi (2005) $51,517, highest IP damages award in India

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Administrative Improvements

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Modernization of IP Offices Phase One Established modern integrated Intellectual Property Offices in the 4 metros (Kolkata, Mumbai, Delhi, Chennai) Computerization and enhancement of human resources Introduced e-filing of applications, as of July 20, 2007 Recognized by WIPO as an International Searching Authority (ISA) and an International Preliminary Examining Authority (IPEA) under the PCT in October 2007

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Modernization of IP Offices Phase Two New buildings constructed Plan to establish a state- of-the art Trade Marks Office at Ahmedabad Increase in HR to meet demand of increased filings Digitalization of IP records Establishment of complete online office

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What is not Included till Now In IPR

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Novartis Challenge Jan. 2006: No patent for leukemia drug Gleevec; simply new form of known substance May 2006: Novartis appealed patent office’s decision Challenged section 3(d) of Patent Act (modifications or new uses of existing substances not patentable unless they significantly increase its effectiveness) Said ruling violated WTO agreements; is a disincentive for investment in R&D Aug. 2007: Court rejected the appeal Concern that companies may outsource R&D to China

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Thank You

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