Description
The ppt describes the intellectual property right laws in india.
INTELLECTUAL PROPERTY RIGHTS IN INDIA
Introduction to Intellectual Property Rights (IPR)
? Patents, Trademarks, Geographical Indications
and Industrial Designs, Copyright, etc
? Protected through law like any other form of
property
? Can be a matter of trade, i.e, it can be owned,
bequeathed, sold or bought
? Intangibility and non-exhaustion by consumption
Reasons for Growing Importance of IPR
? Markets getting restructured on the back of IPR ? Barrier against competition
? Ability to realize monopoly or super normal
rent/returns
? Faith in questioning the infringement through the
legal system
Why IP infringements happen?
? Higher the R&D expense, higher the pricing
premium and larger is the menace of infringement
? Variant products developed by spurious sellers
and sophisticated reverse engineers
? Method of funding the commercial research ? Over-engineering the product
International Purview
? India is a member of World Intellectual Property
Organization (WIPO)
? Department of Industrial Policy & Promotion : Nodal
Department
? India is a member of:
? Paris Convention for the Protection of Industrial Property of 1883 ? Berne Convention for the Protection of Literary and Artistic Works of 1886 ? Patent Cooperation Treaty (PCT)
International Purview (contd)
? India is also a member of the World Trade
Organization (WTO)
? Compliance with the obligations contained in the
TRIPS Agreement and amended/enacted IP laws
? Bilateral cooperation agreements (MoUs) have
been entered into with UK, France, USA, Japan and European Patent Office
Structure of IP Offices in India
Domestic Laws related to IPR
? ? ? ? ? ? ? ? ? ?
The Copyright Act 1957 The Patents Act 1970 The Trademarks Act 1999 The Designs Act 2001 The Patents Rules 1972 The Copyrights Rules 1958 The Design Rules 2000 The Trade Rules 2001 The Geographical Indications Act 1999 The Semiconductors Integrated Circuits LayoutDesign Act, 2000 ? The Information Technology Act 2000
Domestic Laws related to IPR (contd.)
? Department of Industrial Policy and Promotion
? Concerned with legislations relating to patents
? Intellectual Property Appellate Board
Responsibilities:
? IP Legislations ? Copyright is protected through Copyright Act, 1957, as amended in 1999 – administered by the Department of Higher Education ? Protection of test data for obtaining marketing approvals
Intellectual Property Rights in Computer Software
? IPR of computer software covered under
Copyright Law
? Computer programme has been included in “Literary Works”
? Clarity on a lot of grey areas were cleared
? Layout of transistors and other circuitry elements ? New varieties of plants
? Semiconductor Integrated Circuits Layout-Design Act, 2000 ? Protection of Plant Varieties and Farmers’ Rights Act, 2001
? Infringement of copyrights ? Duplication/Backup copies (Exception Section 52)
Impact of Modernization
?
? ?
Patents
Filing of patent applications has increased tremendously Scope of patentability is questioned many a times
?
?
Trade marks
Applications examined within a week
?
?
Geographical Indications
39 GI products have been registered since 2003
?
Designs
Current Issues
? Establishment of NIIPM at Nagpur
? Institute will perform training, education, research and think tank functions.
? Modernization of IP Offices
? Awareness generation activities and accession to international treaties & conventions
? Madrid Protocol on Trademarks ? ISA and IPEA
? Seek recognition for the Indian Patent office
? Mashelkar Committee
Corporate Dossier
? Novartis Case
? Arguments against Sec 3(d) of Indian Patent Act ? A bar to differentiate discovery from innovation (trivial changes) ? Novartis lost the case
? TVS Flame vs. Bajaj Auto
? Suit filed under Sec 108 for using technology (DTSi) to market the product ? Today’s order has restrained them from making and selling the bike (earlier an injunction had been granted)
Conclusion and Future ahead
? Currently IPR laws are still not within the ambit
of the Customs Laws. ? Protection of Undisclosed Information (Trade Secrets) is still not within the ambit of Customs Laws. Section 11(2) and has to be amended.
? Approach Customs authorities for enforcement of IPR laws at borders.
? Training courses to sensitize Customs officers ? Laws have to be amended relating to prevent
illicit manufacturing of counterfeit goods.
Conclusion and Future ahead (contd.)
? Training courses to sensitize customs officers on
IPR and their role in enforcing IPR at borders to be organized on a large scale
? Amendments needed under Copyrights Act,
Trade Marks Act and other IPR laws to empower Central Excise officers
References
• www.nipoonline.org
• www.iprindia.com
• www.iprlawindia.org • www.laws4india.com/ipr.asp • www.indianembassy.org/policy/ipr/ipr_2000.html • www.ficci.com/media-room/speeches
presentations/2007/apr/gauri/AniceJoseph.ppt
• www.dipp.nic.in/ipr.htm
THANK YOU
doc_805919102.ppt
The ppt describes the intellectual property right laws in india.
INTELLECTUAL PROPERTY RIGHTS IN INDIA
Introduction to Intellectual Property Rights (IPR)
? Patents, Trademarks, Geographical Indications
and Industrial Designs, Copyright, etc
? Protected through law like any other form of
property
? Can be a matter of trade, i.e, it can be owned,
bequeathed, sold or bought
? Intangibility and non-exhaustion by consumption
Reasons for Growing Importance of IPR
? Markets getting restructured on the back of IPR ? Barrier against competition
? Ability to realize monopoly or super normal
rent/returns
? Faith in questioning the infringement through the
legal system
Why IP infringements happen?
? Higher the R&D expense, higher the pricing
premium and larger is the menace of infringement
? Variant products developed by spurious sellers
and sophisticated reverse engineers
? Method of funding the commercial research ? Over-engineering the product
International Purview
? India is a member of World Intellectual Property
Organization (WIPO)
? Department of Industrial Policy & Promotion : Nodal
Department
? India is a member of:
? Paris Convention for the Protection of Industrial Property of 1883 ? Berne Convention for the Protection of Literary and Artistic Works of 1886 ? Patent Cooperation Treaty (PCT)
International Purview (contd)
? India is also a member of the World Trade
Organization (WTO)
? Compliance with the obligations contained in the
TRIPS Agreement and amended/enacted IP laws
? Bilateral cooperation agreements (MoUs) have
been entered into with UK, France, USA, Japan and European Patent Office
Structure of IP Offices in India
Domestic Laws related to IPR
? ? ? ? ? ? ? ? ? ?
The Copyright Act 1957 The Patents Act 1970 The Trademarks Act 1999 The Designs Act 2001 The Patents Rules 1972 The Copyrights Rules 1958 The Design Rules 2000 The Trade Rules 2001 The Geographical Indications Act 1999 The Semiconductors Integrated Circuits LayoutDesign Act, 2000 ? The Information Technology Act 2000
Domestic Laws related to IPR (contd.)
? Department of Industrial Policy and Promotion
? Concerned with legislations relating to patents
? Intellectual Property Appellate Board
Responsibilities:
? IP Legislations ? Copyright is protected through Copyright Act, 1957, as amended in 1999 – administered by the Department of Higher Education ? Protection of test data for obtaining marketing approvals
Intellectual Property Rights in Computer Software
? IPR of computer software covered under
Copyright Law
? Computer programme has been included in “Literary Works”
? Clarity on a lot of grey areas were cleared
? Layout of transistors and other circuitry elements ? New varieties of plants
? Semiconductor Integrated Circuits Layout-Design Act, 2000 ? Protection of Plant Varieties and Farmers’ Rights Act, 2001
? Infringement of copyrights ? Duplication/Backup copies (Exception Section 52)
Impact of Modernization
?
? ?
Patents
Filing of patent applications has increased tremendously Scope of patentability is questioned many a times
?
?
Trade marks
Applications examined within a week
?
?
Geographical Indications
39 GI products have been registered since 2003
?
Designs
Current Issues
? Establishment of NIIPM at Nagpur
? Institute will perform training, education, research and think tank functions.
? Modernization of IP Offices
? Awareness generation activities and accession to international treaties & conventions
? Madrid Protocol on Trademarks ? ISA and IPEA
? Seek recognition for the Indian Patent office
? Mashelkar Committee
Corporate Dossier
? Novartis Case
? Arguments against Sec 3(d) of Indian Patent Act ? A bar to differentiate discovery from innovation (trivial changes) ? Novartis lost the case
? TVS Flame vs. Bajaj Auto
? Suit filed under Sec 108 for using technology (DTSi) to market the product ? Today’s order has restrained them from making and selling the bike (earlier an injunction had been granted)
Conclusion and Future ahead
? Currently IPR laws are still not within the ambit
of the Customs Laws. ? Protection of Undisclosed Information (Trade Secrets) is still not within the ambit of Customs Laws. Section 11(2) and has to be amended.
? Approach Customs authorities for enforcement of IPR laws at borders.
? Training courses to sensitize Customs officers ? Laws have to be amended relating to prevent
illicit manufacturing of counterfeit goods.
Conclusion and Future ahead (contd.)
? Training courses to sensitize customs officers on
IPR and their role in enforcing IPR at borders to be organized on a large scale
? Amendments needed under Copyrights Act,
Trade Marks Act and other IPR laws to empower Central Excise officers
References
• www.nipoonline.org
• www.iprindia.com
• www.iprlawindia.org • www.laws4india.com/ipr.asp • www.indianembassy.org/policy/ipr/ipr_2000.html • www.ficci.com/media-room/speeches
presentations/2007/apr/gauri/AniceJoseph.ppt
• www.dipp.nic.in/ipr.htm
THANK YOU
doc_805919102.ppt