INTELLECTUAL PROPERTY RIGHTS

CONCEPT
TYPES AND NEED

IPR AND CHOICE OF IPR PROTECTION

DISCOVERIES MAND INVENTIONS

CONEPT OF PATENTING

TRADE MARKS

TRADE SECRETS

COPY RIGHTS

GEOGRAPHICAL INDICATIONS

PBR AND THEIR NEED

CONCEPT OF EHICAL LIGAL SOCILA ISSUES -EX IVF

 DEFINITION
 Intellectual property rights are the rights given to person over the
creation of their minds .
 They give the creator exclusive right over the use of his or her
creations for a certain period of time .
 IPR reflects the idea that its subject matters is the product of the
mind or the intellect.
 these could be in the form of
patents ,
trade marks ,
geographical indications ,
Industrial designs and layouts –(designlike topographies ) of
integrated circuits,
plant variety protection and copy right.
 IP like any other property is a matter of trade as it can be
owned ,bequeathed ,sold or bought under the will of the
owner .
 IP covers all sectors of economy and is increasingly becoming
important for ensuring competitiveness of the enterprise .
 Choice of ipr protection
 An intellectual property can often be protected in more
than one way, e.g., as a trade secret, patent or PBR. The
decision has to be made by the inventor as to which form
of protection would be the most appropriate for this
invention.
 Intellectual property rights are territorial in nature. Every
contry has its own rule and laws governing intellectual
property
 This principle is also found, in several international treaties,
including Berne, Paris and the WTO Agreement on Trade-
Related Aspects of Intellectual Property Rights (TRIPs).
 Discovery and inventions
 Finding of something which was in the world since the beginning
but was not exposed to the public
 Can be done either knowingly (ex: discovery of virus)
unknowingly /accidentally
 Accidental discovery is called serendipity.
Ex : discovery of penicillin by Alexander flemming
 Discovery is a finding not a creation and cannot be patented.
Inventions :
Development of something new which does not exist. it is an
application of preexisting knowledge established by discovery
Ex: invention of bulb, TV,etc.
since it is a creation it can be patented .
 CONCEPT OF PATENTING
PATENTS
 Patents cover the ideas themselves not just the expression

of ideas expression.
 Patents can be methods ,devices ,new ways, new uses

and new applications

 Patent is not a right to use or make the patented idea

 It is aright to exclude others from making ,using or selling

the patented idea.

 Scientific ,technical innovations processes, ideas that are
useful and new are patented. (no one has done it
before)
 Incremental innovations
 3 Components of a patent
I. Grant
II. Specification
III. Claim
Grant : is filed at the patent office, it is not published.
A signed document which is an agreement thatpermits
the patent right to the inventor.
Specification: method of invention
Published as a single document and made public with
minimum charge from the patent office .
Claim : it is the scope of invention to be protected by the
patent so that the others may not use it It is a published
document. The patent rights can be enforced only after
securing the patent
 Patent restricts others to to make ,use ,offer for sale,sale or
import the patented product
 Patent is granted for both a product and process.
 Patent rights restricts the rights to the patent owner
 Patent is time limited monopoly which is granted from the
date of the first filing for twenty years.
 The patent application may be
 provisional(filed at the concept stage of invention contains
only the outline of invention) or complete, when they feel
confident to file the complete applications within 12 months
from the date of provisional application.
 Patentable inventions
 Methods or processes
Ex: a new method of using a compound biological processes
which yield useful proteins ,enzymes ,vaccines ,biochemical,
secondary metabolites etc.
 Composition

Ex: composition or formula of several beneficial

pharamaceutical products and reagents products
 Products

Ex: new chemicals such as pesticides, additives ,herbicides,

insecticides, insecticides,fungicides,genes,modified genes
,expression vectors, probes,modified proteins or GMOs
 New uses for a previously known compound ,
completely new applications such as
exploitation of microbe for the production of
antibiotics, drugs
 New methods of treatment or diagnosis :
instruments ,industrial products such as dyes
flavor chemicals, plants animals etc.
 Advantages of patenting
 Patent is limited for a perticular period only therefore patent holder
retains an absolute monopoly on product or processes for a period
of patent.
 Once the administration of patent has been obtained ; t is very easy
to maintain and follow it.
 Misuse of the things which have been covered under the patent can
be avoided
Disadvantages of patent system

 After being publicly declared, the information of the

product is known to the competitors and it stands valuable
to them after its expiry
 Any litigation related to patent product or process is highly
expensive.
 The information related to patent but which is not covered
under patent can be misused.
 Genetically modified plants and animals are not patentable
in India
But plant varieties produced through traditional cross
breeding techniques may be protected under the laws of
Plant breeder’s rights
Procedure for patent application
Invention

 Applicant have to
Priliminary appraisal
make cell or seed Liscence
Assesment negotiatio
deposits with a l
ns
culture collection Basic patent application
before filing an
appliation.
Further patenting of a patentt


Grant or refusal of patent

Trademarks
 A word or as ymbol that designates the source or
sponsorship of a particular goods or service
 A trademark protect sthe companies name and logos
and distingushe sthem from competing products or
services sold byothers
 Registering trademarks permits the owner to enjoy
exclusive use of the trademarks in US or a state and to
sue others for infringements in federal or state court.
 Registration is not granted If the mark is identical to an
existing marl or resemles one closely to cause confusion
or to decieve
 Trademarks –for goods
 Service marks –for services

 An owner can file the application with patent and

trademark office (PTO) and officials judge the strength
of application and suggested trademark
 3 Types of trademarks –

1.Arbirary or fanciful :no relation to goods in name. ex:

Kodak ,onida,sony.
2.Suggestive : name suggesting goods or services. Ex:Micro
soft
3.Generic:Regular ,very descriptive
Trademarks law affects internet related issues in two
particular areas
Copyrights
Tradesecrets
 copyrights
 Rights of authors of literary and artistic works such as books and other writing
,musical composition ,paintings ,sculpture,computer based programmes and films etc.
 It gives protection for a period of 50 years after the death of author
 Main purpose of copyright protection and its rights is ti encourage and reward
creative work.
 Copyright protects a creator or owners right to control the publication ,performance
,duplication and profitability of created works, such as literature ,musical
compositions ,choregraphy ,graphics and fine arts ,motion pictres and sound
recordings
 Registration for copyright is optional ,creators cannot file suit for
infringementwithout having registered
 Copyright owners can sue for damages and courts can issue injunctions to prevent
further infringement
 Limitations:unauthorized “fair use “of a work by others for noncommercial purposes
such as criticism ,comment ,news reporting,teaching or research ,
 Copy right protects the expression of idea not the ideas itself .
 The Idea is barroewd but the epression iis not copied and thus copyriht woul not be
voilated.
Trade secretes
 Similar to copyrights,except that it is about
reasonable protection to protect something that
gives you a compitative advantage
 No need to register.
 But has to show that he is protecting it using
NDA,security guards,ID cards ,etc,
 Once the secret gets out all protection is lost
 Cocacola has a different taste than pepsi due to
different formula.
 Plant Breeders Rights
 PBR :For the Production of desirable hybrids
 PBR implies that protection of new variety that has been created by
the methods of breeding procedures and selection.
 Farmers rights –farmers have rights to produce the seeds from a
hybrid plant and raise the seedlings for their agricultural purpose
 plant varietal protection and farmer’s rights act 2001 protects
farmer’s rights for production of new varities of crops .
1.FAO international treaty on plant genetic resources for food
gives attention to the rights of farmer, plant breeders, reseaerchers
and protection of public interest such as compulsory licensing of
rights and preventing of import varieties incorporated with the
genetic use
ex: restriction on the seeds with terminator gene.
Geographical indications
 A geographical indication (GI) is a sign used on products that have a specific
geographical origin and possess qualities or a reputation that are due to that
origin. In order to function as a GI, a sign must identify a product as originating
in a given place. In addition, the qualities, characteristics or reputation of the
product should be essentially due to the place of origin. Since the qualities
depend on the geographical place of production, there is a clear link between
the product and its original place of production.
 Geographical indications are typically used for agricultural products, foodstuffs,
wine and spirit drinks, handicrafts, and industrial products.
 There are three main ways to protect a geographical indication:
 so-called sui generis systems (i.e. special regimes of protection);
 using collective or certification marks; and
 methods focusing on business practices, including administrative product
approval schemes.

 2. GEOGRAPHICAL INDICATIONS- DEFINITION •It is an indication. •It originates from a
definite geographical territory. • it is used to identify goods having special characteristics
originating from a definite geographical territory •It is used to identify agricultural, natural or
manufactured goods. •The manufactured goods should be produced or processed or
prepared in that territory. •It should have a special quality or reputation or other
characteristics. 2
 3. BENEFITS OF GIs •It confers legal protection. •Prevents unauthorized use of a Registered
Geographical Indication by others. •It promotes economic prosperity of producers of goods
produced in a geographical territory. •Boosts the export. 3
 4. •. Contd…. •Can serve as source-identifiers for consumers. Helps the producers develop
consumer loyalty. •Plays a role in consumer decisions, including willingness to pay a higher
price for regionally branded food products. •For example, geographic location is an
important component of wine pricing. 4
 5. EXAMPLES OF GIs INDIA •Basmati rice •Mysore silk •Mysore sandalwood oil •Mysore
sandal soap •Mysore jasmine •Coorg orange •Madhubani paintings •Darjeeling tea •Dharwad
pedha •Alphonso mango •Tirupathi laddu •Kolhapuri chappal •Nanjangud banana WORLD
•Canadian whisky •Swiss watches •Florida oranges •Champagne •Tequilla. 5 5
