Intellectual Property Rights

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Intellectual Property Rights

PatentsTrademarksIndustrial designs

Geographical indications

In the Context of WTO.

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•Established: 1st January, 1995.•Created by: Uruguay Round Negotiations

(1986-94)•Membership: 153 countries.

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TRIPS

• Trade Related aspects of Intellectual

Property Rights.

• IPRs are rights given to protect the

innovation, research, design, creativity, etc.

which goes into a new product.

• Creators have the right to command a price

for the use of their inventions by others.

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Patents

•What Are Patents?

•Product Patents

•Process Patents

•Patentable Inventions

•Non-Patentable Inventions

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WTO Relevance (TRIPS)

•Patents Protection Boundary

•Tenure

•The Agreement - Process Patent & Identical Products - Compulsory Licensing - Pharmaceutical products.

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Patents and India•Governed by Indian Patents Act 1970 Patent Amendments Act- 2005•Types of Patents▫ Ordinary Patent Application▫ Convention Application ▫ National Phase Application under PCT

•Persons entitled to apply for patents

•Case let: HTC vs. APPLE

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Registration Procedure

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Trade Marks (TM)

• Meaning• Overview under TRIPS• Overview in India

▫ Benefits of registering a trademark▫ Requirements of filing a trademark

application▫ Term and renewal of trademark▫ Licensing and agreement▫ Enforcement in case of trademark

infringement

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Registration procedure

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Caselet1. Honda motors V/S

Charanjit Singh2. MCDONALDS V

MCCURRY

V/SV/SV/S

V/S

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Industrial Design•Design rights refer to a novel or original

design•Industrial designs refers to

▫Creative activity▫Shape ▫Pattern and▫Configuration of an object

•WTO and TRIPS consideration▫Requirements for Protection▫Protection

•Indian Design Act 2000

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Industrial Design

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CaseletBajaj Pulsar and Gulsar (China)

pulsar v/s gulsar

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Geographical Indications

•Meaning

•Tenure

•GI in the light of WTO

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GI as per Indian Context

•Geographical Indications of Goods (Registration and Protection) Act, 1999

•Application

•Effect

Case Study ITaming Of The Flu: Working Through the Tamiflu Patents In INDIA

• Patents covering Tamiflu• Post Patent Options

▫Voluntary Licensing▫Compulsory Licensing

Private Grounds Public Grounds

• Government Use• Parallel Imports• Acquisition of Patents• Chapter XVII and Section 47• Response And Strategy• Conclusion

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Case Study IIGorbatschow Wodka Vs John Distilleries Ltd.

Gorbatschow vodka KG V/S. John distilleries limited (plaintiff) (defendant)

•Dispute over Shape of

bottle

•Judgment in favor of

Plaintiff•Injunction granted to Defendant’s product

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