1. Intellectual Property Rights In India: Patents,
Trademarks And Copyrights
.
爲÷. 爲爲逗爻爲朽逗爲爲 爲逗爲 爲爻 爲爻爲項鉦
(Digvijaysinh chauhan)
爲爻爲萎爲ム爲鉦
爲逗. 爲 . 爲爲爻爲 爲爻爲迦爲 爲爲 爲爲萎爲爻 爲踽爻爲 爲鉦爲爻 ,
爲爻爲迦爲爻爲萎-396325
2. Intellectual Property Rights In India:
Patents, Trademarks And Copyrights
Introduction:-
Intellectual property (IP) refers to creations of the
mind, such as inventions; literary and artistic
works; designs; and symbols, names and images
used in commerce. IP is protected in law by, FOR
EXAMPLE, Patents, Trademarks, Copyrights, which
enable people to earn recognition from what they
invent or create.
3. Intellectual Property Rights In India:
Patents, Trademarks And Copyrights
Types of Intellectual Property
1. PATENT
2. TRADEMARK
3. TRADE SECRETS
4. COPYRIGHT
4. Intellectual Property Rights In India: Patents, Trademarks And
Copyrights
Definition of IPR :-
The exclusive right given by law for a certain term of years to an author,
composer etc. (or his assignee) to print, publish and sell copies of his original
work (Oxford English Dictionary)
爐爐爐爛爐迦爐爛爐爛爐爐 爐爛爐萎爐爐爛 爐萎ぞ爐爐 aYvi 爐爛爐爛爐оた爐 爐伍ぎ爛爐爐爐 爐爐оた爐爐鉦ぐ minv)ni mgjni (vciri[n)
a[k upj minvimi> aiv[ C[. d&(nyini d[Si[ k[Tl)y sd)ai[Y) pi[tpi[tin[ Ryi> alg alg kiydi amlmi>
m&kti aiyi C[. j[ni vD[ minv mgjn) upjn[ rxN aipvi pyis krti hi[y C[. E.s. 1995mi> (vV v[pir s>G
(World Trade Organisation) a(AtRvmi> aiy&. Agreement on the Trade related
aspect of intellectual property rights (TRIPS) 爐爐 爐爛爐萎た爐爛爐, ai s>gqnni[ a[k krir C[.
bFi j d[Si[a[ k[ j[ WTO ni s多yi[ C[ t[mn[ ai krirn[ minvi[ pD[ C[., t[m j pi[tini d[Smi> t[n[
miT[ni kiydi t[ pmiN[ t]yir krvimi> aiv[ C[.
5. Intellectual Property Rights In India: Patents,
Trademarks And Copyrights
爐爐鉦ぐ爐むさ爐萎爐 爐爛 爐爐逗ぎ爛爐 爐爐 爐爐оた爐爐逗く爐 爐
爛 爐爐爛爐爐 爐爛爐爛爐оた爐 爐伍ぎ爛爐爐爐 爐爐оた爐爐鉦ぐ 爐伍爐萎爛爐劇た爐 爐爐爐爛 爐爐爛 爐項爐
1. The Biological Diversity Act, 2002
2. TheCopyrightAct,1957(爐爛爐爛爐萎ぞ爐爐)
3. The Design Act, 2000.
4. The Geographical Indications of Goods (Registration and Protection) Act, 1999.
5. ThePatentsAct,1970.
6. The Protection of Plant Varieties and Farmers Rights Act, 2001.
7. The semiconductor Integrated circuits Layout design Act, 2000.
8. TheTradeMarksAct,1999.
爐爐逗
爛 爐爐迦ぞ爐朽ぞ 爐爛 爐爐 爐逗爐む爐 爐爐逗ぎ爛爐 爐逗爐む爐 爐項爐 爐爐逗た爐
爛 爐爐爛爐爐 爐爛爐爛爐оた爐 爐伍ぎ爛爐爐爐 爐爐оた爐爐鉦ぐ爛爐 爐爛
爐伍爐萎爛爐劇た爐 爐爐爐爐 爐逗ぞ爐むぞ 爐項, 爐朽す 爐項爐 爐爛爐萎爐÷じ爛爐爛爐
爛 爐 and 爐伍さ爐朽爐爐 爐爐鉦た爛爐 (Contract Act)
9. Intellectual Property Rights In India: Patents, Trademarks
And Copyrights
(III) COPYRIGHTS:: 爲爻爲爻爲萎爲 :- 爲 爲萎爲鉦爲爻 爲む朽伍爲む爲 爲萎爲む 爲伍鉦項項む爲 爲伍萎爲爲, 爲爻爲朽鉦爲爲萎爻 爲爲朽迦萎爲ム,爲萎爲む朽む, 爲爲鉦爲萎, 爲む爲爻爲爲萎爲,
爲む朽朽爲爲 爲朽爻爲萎 爲爲鉦爻, 爲伍爲爲爻爲む爲萎爲 爲萎爲爲鉦, 爲о爲, 爲萎爻爲萎爲爲爻爲萎鉦爻 爲朽爻爲萎 爲爲爻 爲爲爲む爲 爲爲爻 爲む謹迦爲爲伍爲ム鉦爻爲む爲爲爻 爲萎爻爲劇
爲爲爲む 爲項爲 爲爻. 爲爻爲爲鉦爲 爲伍鉦項項む爲 爲爲朽伍萎爲爲 爲爻 50 爲朽萎爲 爲爲ム朽 爲む爲爲 爲爻爲む爲 爲爻爲爲鉦爲 爲ム 爲爻 爲爻爲萎ム 爲項爲 爲む爲爻 爲爲爲む萎爲爲鉦爲
爲迦爲朽鉦 爲爻 爲爻 爲爻爲萎爲む 爲む爻爲爲爻爲爲迦金 爲ム 爲爻爲萎爲о鉦爻爲 爲項爲爲む 70 爲朽萎爲 爲伍萎爲о 爲項爻爲 爲爲橿む 爲項爲 爲爻. 爲む爲朽爲 爲爻爲爻 爲萎爲爲鉦
爲爲鉦爻 爲爲 爲項爲 爲爻.
NEIGHBORING:- 爲爲鉦項項む 爲爻爲萎伍鉦萎爲爻 爲項鉦迦爲鉦爲 爲萎爻爲爻爲萎鉦爲爲爲 爲爲鉦÷爲謹 (爲爻爲爻爲爻爲項萎逗爲)爲爻 爲萎爻爲爻 爲萎鉦爲 爲萎爲鉦爲爲 爲爲爲む爲爲
爲爲朽萎 爲迦爲朽鉦爲鉦爲 爲爲朽爲 爲爻. 爲爲爻爲爲爻 爲爲爲爲逗伍爲 爲む爲爲 爲爻爲萎爻爲萎爻爲爻爲伍爲鉦爲 爲爻 爲萎爻爲爲 爲萎爲萎 爲踽爻 爲爲 爲萎爻爲劇 爲爲橿 爲爻.
爲爻爲爻爲爻爲萎鉦爲 爻 爲む爲爲 爲爻爲爻爲爻爲萎鉦爻爲伍爲鉦爲 爲萎爲萎爻爲÷ 爲萎爲萎爲迦 爲爻爲爻爲爻爲萎鉦爻爲 爲爻 爲項爻爲 爲爻爲橿朽 爲謹萎爻 爲爻.
爲爻爲萎爲÷爲萎爲伍伍爲爲逗爲 爲爲爲爲爲爲爲 爲む爲爲 爲爻爲逗 爲爲爻 爲萎爲÷爲爲爲 爲爲鉦爻爲爻爲萎爻爲爻 爲爻爲 爲鉦萎 爲項爻爲 爲爻爲橿朽 爲謹萎爻 爲爻.
Governed by the Copyright Act 1957. Valid from 21 January 1958. Introduced civil and criminal
remedies against infringement. Term of copyright depends on nature of work/owner of copyright
and whether the work has been published.
10. Intellectual Property Rights In India: Patents, Trademarks
And Copyrights
(iv) Design:
Design means only the features of shape,
configuration, pattern or ornament applied to
any article in any industrial process or means
whether manual, mechanical, chemical,
separate or combined, which is the finished
form appeal to end or judged solely by the eye.
By registration under the designs act, the
features are protected as design.
11. Intellectual Property Rights In India: Patents,
Trademarks And Copyrights
Genetic informations can also be used to cure a disease,
for example using the technology of gene therapy with a
specific gene vector. The direct use of proteins as therapy is
well established, and these products may be patented,
though we should note, in general, that medical procedures
have not been patented for ethical and practical reasons.
12. Intellectual Property Rights In India: Patents,
Trademarks And Copyrights
(V) Industrial Property:
Industrial property includes inventions (process,
products, apparatus); industrial designs (shapes &
ornamentation); and Marks and Trade names to
distinguish goods. Recently, the scope of industrial
property has been expanded to include among others,
the protection of distinctive geographical indications
(in particular appellation of origin), plant varieties and
the layout designs (topographies) or integrated
circuits as well as the repression of unfair competition,
including the protection of trade secrets.
13. Intellectual Property Rights In India: Patents,
Trademarks And Copyrights
Importance in Indian Scenario:
A US patent granted for use of turmeric powder
(hLdr) as a wound healing agent to the University of
Mississippi, Medical Centre, US, has been revoked
following objections by the Council of Scientific
and Indian Research (CSIR), New Delhi.
14. Intellectual Property Rights In India: Patents,
Trademarks And Copyrights
Now patents have already been granted for food
stuffs like idli, dosa, vada, churan, pickle, halwa and
pizza topping. The Indian patents Act 1970 stresses
that any patentable commodity must possess
novelty. Apparently, the Chennai Patent office
believes that South Indian delicacies like medu
vadai. rava-uppuma, badam halwa, rice idli,
rice pongal, and even Green Peas Masala are
novel process. Patent rights for these popular
preparations were granted to the Dasaprakash hotel
chain in 1973.
15. Intellectual Property Rights In India: Patents, Trademarks
And Copyrights
The Mumbai office of the Patents has granted one Dilip
Shantaram Dahanunkar, a process patent for the
preparation of tomato rasam and a custard chilli jam
spread used as a pizza topping. The same person has
been given a patent for an improved process for
preparation of vitaminised sweet and sour lemon pickle
rice and a process for manufacturing banana sauce.
The purpose of patenting common products seems to
improve their marketability rather than to protect
inventions. Accordingly, inventors blindly exploit legal
loopholes to patent age-old products.
16. Intellectual Property Rights In India: Patents,
Trademarks And Copyrights
According to Calcutta based patent and trademark attorney, D.P.
Ahuja and company the Patents Act, 1970 states that a patent can
be given for a novel article or a process even if it results in an old
product.
On 30 September 1997, the European Patent Office (EPO)
delivered a favourable interim judgment on the challenge of a
European patent on the fungicide effects of neem oil (Patent No.
436 257 BY) owned by W.R. Grace & Co. The opposition division
of the EPO issued a provisional statement on the basis of the
European Patent convention (EPO) and delivered favourable
interim judgment on opposition to Neem Patent, in favour of Dr.
Vandana Shiva, Ms. Magda Alvoet (MP of the European
parliament) and other NGOs of Neem campaign.
17. Intellectual Property Rights In India: Patents, Trademarks
And Copyrights
Above data for the year 1995 is based on The
Express Magazine, May 3, 1998.
18. Intellectual Property Rights In India: Patents
Trademarks And Copyrights
(ii) Geographical Indicators:
Basmati is the suitable example which allows a
country to register all products whose quality,
reputation or other characteristics are essentially
attributable to their geographical regions.
19. Intellectual Property Rights In India: Patents Trademarks
And Copyrights
(iii) Industrial Designs:
Indias industrial design law dates back to 1911. It badly
needs to be updated.
(iv) Layout/Designs of Integrated Circuits:
India has a role to play in worlds electronic market. The
protection of integrated circuits is crucial to the
development of the electronic industry. This is essential so
that efficiency and the capability of each circuit is
maintained.
22. Intellectual Property Rights In India: Patents Trademarks
And Copyrights
Farmers Rights (Sec 39)
Farmers Rights Has same privilege as a breeder of a variety
. A farmers variety is entitled for registration if declaration has
been made that the initial variety has been lawfully obtained Can
save, use, sow, resow, exchange, share or sell his farm
produce including seed of a protected variety
. The farmer as such cannot sell branded seeds of a protected
variety
. A farmer can claim damages if the seed of the protected variety
does not give the yield as stated by the breeder.
23. Intellectual Property Rights In India: Patents Trademarks
And Copyrights
Registered Varieties
Issue of certificate of registration-Sec.24
Publication of list of Varieties - Sec. 25
Determination of benefit sharing by Authority -Sec. 26
Breeder to deposit seeds or propagating material - Sec.27
Registration to confer exclusive right to the breeder or his successor -Sec. 28
Duration of Protection
12 years -- annual plant species
17 years -- perennial plant species
27 years -- woody trees
Crops Covered under the PPVFRA
24. Intellectual Property Rights In India: Patents
Trademarks And Copyrights
FIRST PHASE
Cereals:Rice, wheat, maize, sorghum, pearl millet
Legumes: Chickpea, MULaRP
SECOND PHASE
Oilseeds: Rapeseeds mustard, groundnut, soybean, sunflower,
safflower, castor, sesame, linseed
Fiber Crop: Cotton, jute and Sugarcane
Fodder Varieties: Lucerne, berseem
Vegetables: Tomato, brinjal, okra, cauliflower, cabbage, potato,
onion, garlic
Flowers: Rose and Chrysanthemum
26. Intellectual Property Rights In India: Patents, Trademarks
And Copyrights
Issues to think about: - Higher life forms cannot be patented as not
inventions, Many of the arguments raised against patenting of higher life
forms apply to the PBRA.
Beyond that, the PBRA (and its equivalent statutes in other developed
countries) could become a vehicle for denying people in less developed
countries and native communities access to some plants. In some developing
countries, some plants serve medicinal purposes. Private sector driven
international norm setting Non transparent and non participatory
international law making Trade in pirated and counterfeited goods threatens
health, safety and security of consumers worldwide particularly in poor
countries.
27. Intellectual Property Rights In India: Patents, Trademarks
And Copyrights
Developing Countrys Concerns Typical Concerns
Will IPR stops us from using our own traditional
knowledge?
Will our lives be governed by trans-nationals?
What will happen to local workmen?
Will there be piracy of National Biodiversity
Will local initiatives be negatively impacted and stunt local
development?
28. Intellectual Property Rights In India: Patents,
Trademarks And Copyrights
Recommendations
Formulation of Comprehensive IPR Policies for various
sectors and Academic Institutions
Training of Personnel to manage IPR
Providing Access and training to use Patent information
databases
Creation of a consortium of IPR professionals to offer
professional services for IPR work
30. Intellectual Property Rights In India: Patents, Trademarks
And Copyrights
References:
1. Blakeney, M. (2002). Protection of Plant Varieties and Farmers Rights, 24 Eur. Intell. Prop. Rev. 9-
19.
2. Desai, T.R. (2006). The Protection of Plant Varieties and Farmers Rights Act, 2001, Universal Law
Publishing Co. Pvt. Ltd. pp 5-68.
3. Helfer, Laurance, R. (2002). Intellectual Property Rights in Plant Varieties: An Overview with
Option for National Governments. FAO Legal Papers Online #31.
4. Seed Bill (2004). Department of Agriculture and Cooperation, Ministry Of Agriculture. Govt. of
India, Krishi Bhavan, New Delhi.
5. The Biological Diversity Act (2002). (No. 18 of 2003). The Ministry of Environment and Forests,
Govt. of India, Paryavaran Bhavan, New Delhi.