Ipr ppt

PRESTIGE INSTITUTE OF MANAGEMENT AND RESEARCH

SEMINAR PRESENTATION INTELLECTUAL PROPERTY RIGHTS: ISSUES AND TRENDS

GUIDED BY PREPARED BYDR. ALOK BANSAL SHEENA GAHLOT SAPNA MALVIYA

PRACHI BAJAJ SHOBHIT SHARMA

WHAT IS AN INTELLECT

In simple terms intellect is the ability to use the mind creatively

Intellectual Property Rights• Intellectual Property Rights are

legal rights, which result from intellectual activity in industrial, scientific, literary & artistic fields.

• These rights safeguard creators and other producers of intellectual goods & services by granting them certain time-limited rights to control their use.

• Protected IP rights like other property can be a matter of trade, which can be owned, sold or bought. These are intangible and non-exhausted consumption.

Types of IPR

Patents

Trademarks.

Copyrights

Geographical Indications

Industrial Designs

Layout Design for Integrated

Circuits

Trade Secrets.

PATENT• A patent is an exclusive right granted for an invention, which is a

product or a process that provides a new way of doing something, or offers a new technical solution to a problem.

• It provides protection for the invention to the owner of the patent.• The protection is granted for a limited period, i.e. 20 years. • Patent protection means that the invention cannot be

commercially made, used, distributed or sold without the patent owner's consent.

• Once a patent expires ,the protection ends, and an invention enters the public domain, that is, the owner no longer holds exclusive rights to the invention, which becomes available to commercial exploitation by others.

TRADEMARKS

• A trademark is a distinctive sign that identifies certain goods or services as those produced or provided by a specific person or enterprise.

• It may be one or a combination of words, letters, and numerals. • They may consist of drawings, symbols, three- dimensional signs

such as the shape and packaging of goods, audible signs such as music or vocal sounds, fragrances, or colours used as distinguishing features.

• It provides protection to the owner of the mark by ensuring the exclusive right to use it to identify goods or services, or to authorize another to use it in return for payment.

• The initial term of registration is for 10 years; thereafter it may be renewed from time to time.

COPYRIGHTS

• Copyright is a legal term describing rights given to creators for their literary and artistic works.

• The kinds of works covered by copyright include: literary works such as novels, poems, plays, reference works, news papers and computer programs; databases; films, musical compositions, and choreography; artistic works such as paintings, drawings, photographs and sculpture; architecture; and advertisements, maps and technical drawings. Copyright subsists in a work by virtue of creation; hence it’s not mandatory to register.

• However, registering a copyright provides evidence that copyright subsists in the work & creator is the owner of the work.

• These economic rights have a time limit, (other than photographs) is for life of author plus sixty years after creator’s death

GEOGRAPHICAL INDICATIONS

• GI are signs used on goods that have a specific geographical origin and possess qualities or a reputation that are due to that place of origin.

• A geographical indication points to a specific place or region of production that determines the characteristic qualities of the product that originates therein. It is important that the product derives its qualities and reputation from that place.

• Some of the examples of GI :-• Chanderi’s Sarees• Kullu’s Shawls

INDUSTRIAL DESIGNS• Industrial designs refer to creative activity, which result in the

ornamental or formal appearance of a product, and design right refers to a novel or original design that is accorded to the proprietor of a validly registered design.

• Under the TRIPS Agreement, minimum standards of protection of industrial designs have been provided .

• The existing legislation on industrial designs in India is contained in the New Designs Act, 2000 and this Act will serve its purpose well in the rapid changes in technology and international developments.

• India has also achieved a mature status in the field of industrial designs and in view of globalization of the economy, the present legislation is aligned with the changed technical and commercial scenario and made to conform to international trends in design administration.

TRADE SECRETS• It may be confidential business information that provides an enterprise

a competitive edge may be considered a trade secret. • Usually these are manufacturing or industrial secrets and commercial

secrets. • These include sales methods, distribution methods, consumer profiles,

advertising strategies, lists of suppliers and clients, and manufacturing processes.

• A trade secret can be protected for an unlimited period of time but a substantial element of secrecy must exist, so that, except by the use of improper means, there would be difficulty in acquiring the information.

• Considering the vast availability of traditional knowledge in the country the protection under this will be very crucial in reaping benefits from such type of knowledge.

LAYOUT DESIGNS FOR INTEGRATED CIRCUITS

• The aim of the Semiconductor Integrated Circuits Layout-Design Act 2000 is to provide protection of Intellectual Property Right (IPR) in the area of semiconductor Integrated Circuit Layout Designs and for matters connected therewith or incidental thereto.

• The main focus of SICLD Act is to provide for routes and mechanism for protection of IPR in Chip Layout Designs created and matters related to it. The SICLD Act empowers the registered proprietor of the layout-design an inherent right to use the layout-design, commercially exploit it and obtain relief in respect of any infringement.

• The initial term of registration is for 10 years; thereafter it may be renewed from time to time.

• Department of Information Technology Ministry of Communications and Information Technology is the administrative ministry looking after its registration and other matters.

SOME ISSUES REGARDING INTELLECTUAL PROPERTY

RIGHTS

TRADEMARK WAR • It is the case between the famous brand AMUL and Ichhamati

Milk Union Limited (IMUL) of West Bengal.• Ichhamati Co-operative Milk Producer Union Limited filed an

application for registration of the mark ‘IMUL’ . After the advertisement of this application, Kaira District Co-Operative Milk Producer Union Limited opposed registration of the trademark as they are carrying on a well established business of manufacturing, marketing and exporting milk products under the name of AMUL since 1955.

• Therefore, the respondent’s adoption of the mark IMUL would cause confusion among the public and in the trade as it was deceptively similar to the AMUL’s trademark.

• Dairy major AMUL of Gujarat has won a trademark dispute with a milk producer co-operative union in West Bengal, which sought to market a brand of milk named ‘Imul’.

• The Intellectual Property Appellate Board (IPAB) has set aside an order of the Registrar of Trademark, Kolkata, registering the trademark ‘Imul’, holding that it is deceptively similar to Amul.

PATENT WAR• It is the issue regarding patent war on

a particular selling two popular anti-diabetic drugs, between a US based firm MSD and a Mumbai based firm Glenmark that was conducted in Delhi high court .

• MSD's move comes a week after Glenmark Pharma launched generic versions of a range of anti-diabetes products sold by the US company under the brand names Januvia and Janumet.

• Glenmark has branded its medicines Zita and Zita Met.

• MSD confirms that they have filed a suit in the honourable Delhi High Court against Glenmark for patent violation of their drugs Januvia and Janumet.

Glenmark’s comment• Glenmark Pharmaceuticals has contended that it has used

Sitagliptin Phosphate in its anti-diabetes drugs, Zita and Zita-Met, and the US firm has no patent right over this salt.

• The Delhi high court on reserved its decisions on US drug firm Merck Sharp and Dohme’s (MSD) appeal against a single judge bench order refusing to restrain Indian firm Glenmark from manufacturing and selling anti-diabetes drugs Zita and Zita-Met. A bench of justices S. Ravindra Bhat and Najmi Waziri reserved the judgement after the counsel for both the drug manufacturing firms concluded their arguments in the case.

• MSD had earlier filed the intra-court appeal against the interim order of the single judge bench which, on 5 April, had refused to restrain the Indian company from manufacturing and selling its medicines meant for treatment of Type-2 diabetes.

• The single judge’s order had come on the US firm’s plea alleging that the Indian pharma company had violated its IPR over its anti-diabetes medicines, Januvia and Janumet, by coming out with their own drugs containing the same salts. The US firm has said it had invented ‘Sitagliptin´ salt used in its anti-diabetes drugs and has patent over the molecule.

• Glenmark Pharmaceuticals, on the other hand, has contended that it has used ‘Sitagliptin Phosphate in its anti-diabetes drugs, Zita and Zita-Met, and the US firm has no patent right over this salt.

• Sitagliptin Phosphate has been a distinct product from Sitagliptin and due to this, the US firm had obtained separate patent for Sitagliptin Phosphate in the US, the Indian firm has said.

• MSD first applied for a separate patent for Sitagliptin Phosphate in India and later abandoned it, Glenmark has said. On its part, the US drug firm has said anti-diabetes drug Januvia is not costly at Rs..43 a pill which is roughly 1/5th of its price in the US. According to market sources, Glenmark’s version costs around Rs..30% less.

Case in favour of Glenmark

• Januvia and Janumet are patented and enjoy IP protection of 20 years in India.

• However, under the Drugs and Cosmetics Act of India, a company can apply for approval to market a patented drug four years after its launch.

• Glenmark has used this route to get an approval to launch the drug.

• Under the Drugs and Cosmetics Act, state-level regulators can grant marketing approval even if a patent exists, as long as the drug has been around for four years.

Expert’s statements regarding case• "Any data submitted to the government is not considered patent

infringement under the patent act. Also, grant of marketing approval doesn't amount to patent infringement under the Drugs and Cosmetics Act of India," said Ali Asghar Dholkawala, advocate and IP expert of law firm Wadia Ghandy and Company.

• "From the drug regulatory side, there is nothing that stops Glenmark from launching the drug. A drug regulator cannot hold back an approval because of an existing patent, the courts have made it clear. Now the patent infringement issue will be solely determined by the courts," said Shamnad Basheer, who runs the blog Spicyip that tracks patents and intellectual property disputes in India.

COPYRIGHT WAR

• It was an issue between a music cassetts company Super Cassettes Industry and a well known and one of the most popular website Yahoo.

• The Delhi High Court in India passed an interim injunction that prohibits Yahoo Video from streaming copyright content from Indian music company, Super Cassettes Industry.

• The court, after finding a prima-face case, also issued a notice to Yahoo and its Indian subsidiary.

• The music company, which uses the brand T-Series, is seeking a permanent injunction and damages for the alleged dissemination and display of its copyrighted content on Yahoo Video.

• Super Cassettes Industries last year sued by YouTube, owned by Goggle, for similar reasons.

• It obtained an interim restraining order on You Tube in that case too, though the case has not been finally disposed.

• Super Cassettes Industries has filed the case against Yahoo under Indian copyright laws.

• The disputes pitting Yahoo and Google against Super Cassettes Industries points out to the differences between Indian laws and the copyright infringement and take down provisions of the U.S. Digital Millennium Copyright Act (DMCA).

• While Internet companies like Yahoo offer to remove copyright content that has been put up on their web sites without permission, after sufficient proof is provided of the ownership of the copyright and its misuse, Indian content providers demand that Internet companies take responsibility for identifying misused copyright material and taking it down from their sites.

• Super Cassettes publishes large numbers of videos and music cassettes, and it is not possible for the company to spend time and resources to monitor copyright infringements on sharing sites like those of Google and Yahoo.

COURT’S DECISION

• With its interim order, the Delhi High Court also appears to have put on Yahoo the onus for identifying and removing misused copyright material from Super Cassettes Industries on Yahoo Video.

There are some issues of copyrights that are settled without court and judiciary just by paying royalty to the applicant party.

3 IDIOTS CONTROVERSY• Case of the movie 3 Idiots

where the famous writer Chetan Bhagat filed a case of copyright on producer Vidhu Vinod Chopra and director Rajkumar Hirani for taking a part of story form one of his novel “Five Point Someone”

• Later on the matter has been solved by giving credit of story to Chetan Bhagat.

DABANGG CONTROVERSY

• Emami Ltd served a legal notice to Arbaaz Khan Productions for using the phrase ‘Zandu Balm’ in a track of Dabangg.

• But later on it observed that the issue was not as serious as it is being made out to be.

• Both the parties considered out of court settlement and Emami started using the song for the promotion of their product.

NEW TRENDS IN IPR• Intellectual property is the key to India’s

expanding knowledge economy and bounds, the Indian IP industry is fast reaching new heights.

• With the advent of the new knowledge economy, the old and some of the existing management constructs and approaches would have to change.

• India is a member of the World Trade Organization and a signatory to the Trade Related Aspects of Intellectual Property Rights Agreement.

• In the last few years India has been in the process of modifying its Intellectual Property laws to ensure adequate protection to Intellectual Property owners.

• Indian legislature has made efforts to implement better IP rights enforcement and protection. In recent years the Indian economy has opened up and grown dramatically.

Five trends has been identified which is expected to be continue to shape the intellectual property and patent sector:

1. On October 15, 2010 Federation of Indian Chambers of Commerce and Industry had launched an Anti Piracy Coordination Cell with the approvals of Government of India. The three important pillars that needs to be properly dealt with:-

The legislation Enforcement Awareness

The cell will act as a platform where stakeholders can interact. The four main segments that are getting adversely affected by piracy:-

Film industry Music industry Publishing Software industry

Justice Muralidhar, on November 26,2010 had passed the rule stating that Certification of CD’s and DVD’s henceforth to be made compulsory,

2. Patent Enforcement Entities (also known as Non-Practicing Entities or NPEs) will broaden their reach by seeking new industries such as medical and automotive where patents they control may be asserted.

3. The government has already approved the proposal to establish a National Institute of Intellectual Property Rights Management at Nagpur . The primary functions of the institute include training , education and research, in addition to acting as a tank on key IP policy matters. The government has already put forward plans to expand and modernize further the IP offices in order to make them world class.

4. The International Searching Authority and International Preliminary Examining Authority is to provide reports on a unique search and examination reports on a variety of inventions for patenting. India has been discussed in the plan to get recognition for Indian Patent and Trademark Office as International Searching Authority and International Preliminary Examining Authority under the Patent Cooperation Treaty Office. Formation of Mashelkar Committee:- Government of India has created a group of technical experts to examine the following issues in patent law: whether it is compatible with TRIPS to limit the granting of a patent medicine applies only to new chemical entities or new medical device and whether it is compatible with the TRIPS Agreement excludes the patenting of micro-organisms.

5. In recent years there have been commendable developments regarding Indian patent legislation. Indian law recently recognized patent protection for pharmaceutical compounds. As a result, the courts in India have only recently dealt with patent enforcement issues and are still finding their way in handling complex patent issues. The standards for claim interpretation, trial, and enforcement of injunctions are still under development. Generally, the courts have no standards for issuing injunctions and have not given deference to the determinations of the Patent Office. The section 3 of Indian Patent Act is considered as a roadblock for patenting invention by many global pharmaceutical industries.

CONCLUSION

• We conclude that Intellectual Property Rights (IPR) is a right granted to us for the protection of our intellectual work, innovative ideas and creative designs.

• It provides confidence to the inventor that his work will never get stolen by anyone else.