Submitted By- Jastinder Pal SinghMBA (2015-17)15421163

School of Management Studies, Punjabi University Patiala

Submitted To- Dr. Apar Singh

2. Trademark 3. Patent1. Copyright

Intellectual Property?

Intellectual property refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.

What is copyright?

Copyright (or author’s right) is a legal term used to describe the rights that creators have over their literary and artistic works. Works covered by copyright range from books, music, paintings, sculpture, and films, to computer programs, databases, advertisements, maps, and technical drawings.

What is a trademark?A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises. Trademarks are protected by intellectual property rights.

Trademarks of Various Companies

What is a patent?

A patent is an exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem. To get a patent, technical information about the invention must be disclosed to the public in a patent application.

One Can Get Patent In

Modification

New Product

Design

Useful Way To Do Things

Difference

Design Geographical Indications

I P LEGISLATIONS IN INDIA

1. PATENTS ACT , 1970

2. TRADE MARKS ACT, 1999

3. COPY RIGHT ACT , 1957

4. DESIGNS ACT , 2000

5. SEMICONDUCTOR INTEGRATED CIRCUITS AND LAYOUT DESIGNS ACT, 2000

6. GEOGRAPHICAL INDICATIONS OF GOODS (REGISTRATION AND PROTECTION) ACT,1999

7. THE PROTECTON OF PLANT VARIETIES AND FARMERS RIGHTS ACT,2001

Basmati Rice Patent Case

In 1997, when an American company RiceTec was granted a patent by the US patent office to call the aromatic rice grown outside India "Basmati“ (the queen of fragrance)India filed case as the basmati rice is geographical indication.But RiceTec claimed that the Starch index (SI) of their product is different from Indian Basmati Rice.

Lose To India & Pakistan-Economic loses.Global trade losses (Indian Basmati lost market of US & Europe).In 1996 India export 5 Lac Tonns of Basmati only to EuropeBoth countries lose their global market share.Total closedown on export of Pakistani Basmati Rice (i.e. Basmati 22)

Benefits To RiceTec-Brand AssociationReputationMarket shareSuperior features/characteristicsConfusing the customers into buying their productMonopoly on Basmati Rice In US & Europe

Continued….

1. Product Patent

2. Process Patent

Types of Patents

What Is Patentable?

Process, Method or Manner of manufacture

Machine, Apparatus or other Articles

Substances produced by Manufacturing

Software which has Technical application to Industry or is used

with Special Hardware

Product Patent for Food / Chemical / Medicines or Drugs

Improvements to any of the above

What Is Not Patentable?Purely mental processes (Concept of Mind)

Mathematical algorithms or formulas

Arrangements of printed matter (This include under copyright)

Naturally occurring things (eg. gravity)

Scientific principles or older concepts or older practices

Inventions solely useful in making atomic weapons (Destructive

inventions)

Inventions harmful to natural occurrence of Human, Plant, Animal

Turmeric patent case

May, 1995 the US Patent Office granted to the University of Mississippi Medical Center a patent [#5,401,504] for "Use of Turmeric in Wound Healing.“But in India use of Turmeric for Wound Healing is very old practiceThe patent was challenged by Dr. R A Mashelkar (Former Director general of Council of Scientific and Industrial Research (CSIR) (1995-2006), an Indian scientist who has done much to awaken India to Intellectual Property Rights issues.April, 1998 CSIR won the case and patent has been canceled

What Makes An Invention Patentable?

"Novel" means the invention was never described in a patent, published patent application or other publication, and never in public use or on sale, by others before you filed your application.

"Useful" generally means that the invention does something, anything at all.

“Not  obvious" means the invention must not be an obvious development of what has gone before, in the judgment of an ordinary person skilled in the applicable field.

Type of Patent Applications

2. PCT Application, i.e., an Application which has been filled to WIPO PCT (Patent Cooperation Treaty) for international patents protection for an invention in 148 countries throughout the

world.

1. Conventional or Electronic Application, i.e., an Application which has been filed directly in the Indian Patent Office.

Patent office in India : Kolkata, Delhi, Chennai and Mumbai.

3. Patent of Addition, which may be filed subsequent to the Filing of an Application for Patent, for an improvement or modification.

PUBLICATION OF APPLICATION

REQUEST FOR EXAMINATION

GRANT OF PATENT

3rd Party Representation

Revocation/Amendment

OPPOSITION

• PROMPTLY AFTER 18 MONTHS FROM P.D.

• WITHIN 48 MONTHS FROM F.D.

• ALL OBJECTIONS TO BE COMPLIED WITHIN 12 MONTHS

• IF P.S.IS FILED C.S. TO BE FILED WITHIN 12MONTHS

• WITHIN 12 MONTHS

FILING OF APPLICATIONPROVNL. / COMPLETE

Decision of Controller

EXAMINATION-ISSUE OF FER

Appeal

Appellate Board

Procedure of Application (in the Indian Patent Office)

Procedure of PCT Application (via the Indian Patent Office)

Patent cost is about Rs. 45000 to Rs. 1,50,000

Patentee can take help of Patent Agent after signing Non

Disclosure Agreement.

Patentee must have to pay renewal fee from 3rd year to 20th year

(i.e. approximately Rs. 2000 to Rs. 44000 per year)

Patentee have right to use the patent for 20 year, but after 20

year anyone can use that innovation without concern of patentee

Time of the patent can be increased than 20 year on special

conditions with Supplementary Protection Certificate (SPC)

Other Information About Patents

INDIA On Patents

Compulsory Licensing?

Patent owner has the right to decide who may – or may not – use the patented invention for the period in which the invention is protected

But government can use patent against interest of patentee with special conditions.

Compulsory licensing:- is when a government allows someone else to produce the patented product or process without the consent of the patent owner.

Any one can apply for Compulsory licensing for any patent and government can issue Compulsory license for public interest.

Need of Compulsory Licensing ?

To recognize reasonable requirements of public, in favor of public interest

To prevent abuse of patent as monopoly

Emergency issues

Vs.

India’s First Compulsory License Case

Bayer HealthCare have patent on cancer medicine Sorafenib (selling under brand name Nexavar)But Natco Pharma Limited got the Compulsory License in India on Sorafenib (Nexavar).Bayer HealthCare filled case to IPAB against Compulsory License to Natco Pharma Limited on NexavarBut IPAB said to continue Natco Pharma Limited with issued license, but Bayer got a six per cent royalty on sales by Natco.

Main reason of issueing Compulsory License to Natco Pharma Limited on Nexavar-Bayer sell Nexavar for Rs. 2,84,000 per patient per month-But Natco sell same medicine for Rs. 8, 800 per person per month-Natco got Compulsory License for providing Nexavar on reasonable prices (under condition of public interest of Compulsory License )

THANK YOU