Description
Trade Related Intellectual Property Rights (TRIPs)
All are IPR Protected.
?
WTO is the only global organisation dealing with the rules of trade (in goods, services and trade related issues) between the nations based on the WTO agreements as have already been negotiated and signed by the member countries and ratified by their parliaments.
3
WTO: Rules of International Business
?
153 Members (countries), 28 Observers, 76 Institutional Observers (as on May 16th ’08) 60 Agreements (6 categories) signed, all are binding on all Members - 38 are major agreements - 8 to 10 are important for a particular company’s business - Trade Related Intellectual Property Rights (TRIPs) is one such important agreement.
?
4
?
Intellectual Property (IP) refers to “a Creation of human mind that is of value to the Society, while Intellectual Property Rights (IPRs) are rights granted by the State to persons over creation of their mind.” The TRIPs Agreement of WTO covers Nine Categories of IPs:
Copy Rights and Related Rights Trademarks including Service Marks Geographical Indications Industrial Designs Layout Designs of Integrated Circuits Trade Secrets Patents Patenting of Micro-Organisms and New Plant Varieties (i.e. seeds, and other propagating materials incl. Bio-Diversity)
?
?
Minimum levels of substantive norms and standards to be followed by Member countries for the protection of IPRs as well as their enforcement.
(Contd.) 5
?
India’s concern w.r.t. TRIPs : - Granting of Product Patents to Pharma and Agro Chemicals; - Patenting of Micro-Organisms or Life forms, including Patenting of Products based on our Bio-Diversity and traditional knowledge in other parts of the World; - Establishing an Effective sui-generis system for the protection of New Plant Varieties, Plant Breeders’ Rights, which recognizes and rewards the traditional contribution of rural communities to the conservation of Bio-Diversity;
6
? Indian
Patent Act 1970
First Amendment 1999 Second Amendment 2002 Third Amendment, March 2005
? WTO
Compatible Product Patent Regime
Chemicals, Drugs, Medicines and Food Products
-
? Doha
Implications
Development Agenda on TRIPs
7
? Intellectual
property (IP) are legal property rights over creations of the mind, both artistic and commercial, and the corresponding fields of law. intellectual property law, owners are granted certain exclusive rights to a variety of intangible assets, such as musical, literary, and artistic works; ideas, discoveries and inventions; and words, phrases, symbols, and designs. types of intellectual property include copyrights, trademarks, patents, industrial design rights and trade secrets.
8
? Under
? Common
9
1. 2. 3. 4. 5. 6. 7. 8. 9.
Patent Copyright Trademark Service marks Trade Secrets Layout Design for Integrated Circuits Geographical Indications Protection of New Plant Varieties Anti competitive practices in contractual licenses.
10
Patent
?
It protects inventions that are novel and non-obvious w.r.t the prior art & useful. Must be disclosed in a specified format in patent specification. A granted patent has specific term.
?
?
?
Must be periodically renewed (generally 20 yrs, in some countries it is 14 or 5 or 7 yrs).
11
?
Protects creative works that are musical, literary, artistic works, lectures, plays, art reproductions, models, photographs, computer software, computer programs; databases; films, musical compositions, and choreography; artistic works such as paintings, drawings etc. Specified duration of protection.
?
12
?
A trademark is a Distinctive Sign/ Registrable Marks which identifies certain goods or services as those produced or provided by a specific person or enterprise (words / signs / or combinations). Is valid for not less than 7 yrs but can be perpetually renewed from time to time.
?
13
?
Provides protection to persons/ institutions on information, which is lawfully under their control from being disclosed to, acquired /used by others without their consent in a manner contrary to commercial practices so long as the information is secret & has commercial value b’coz it is secret.
?
Also applies to test data whose generation requires considerable effort (e.g. Marketing approval / FDA Clearance, etc).
14
?
Provision relating to protection of layout designs has been covered in Washington Treaty. The scope of protection includes not only the protected chip but also articles incorporating it. The term of protection is 10 yrs.
?
?
15
?
This tool affords protection to goods that have a specific geographical origin and possess qualities, reputation or characteristics that are essentially attributable to that place of origin. The initial term of validity is 10 yrs. Can be renewed from time to time. For example, - Scotch Whisky, (UK) - French Champagne - Darjeeling Tea, (India)
16
? ? ?
?
A registered design includes : features of shape, configuration, pattern, ornament or composition of lines or colors. The protection does not include: ? mode or principle of construction ? anything which is in substance a mere mechanical device ? trademark or property mark.
?
?
Registration has a specific term (initially 10 yrs, renewable after 10 yrs).
If not periodically renewed, it becomes public property that can be used without infringement
17
?
?
Countries excluding patent protection to plant varieties are required to provide Protection to New Plant Varieties by an effective “sui generis”(a system standing on its own) or any combination of “sui generis” & patents. The international conventions followed on this features are :
? UPOV ’78 ? UPOV ’91 ? Convention of Biodiversity (CBD).
?
(UPOV: International Convention of the Union for the Protection of New Varieties of Plant).
18
?
Some licensing practices restrain competition.
? Adversely impact on trade & transfer of technology
?
National Anti trust / anti competition laws & compulsory licensing are linked with monopolistic practices.
19
?
Treaties in the field of Industrial Property
? Washington Treaty on Intellectual Property in Respect of Integrated Circuits (1989) ? Trademark Law Treaty (“TLT”)(1994) ? Trade Related Intellectual Property Rights (TRIPs) (1994)
?
In field of Patents
? Patent Cooperation Treaty (PCT) (1970) ? Budapest Treaty on the International ? Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure (1977)
20
?
In the field of Trademarks
- Protocol relating to the Madrid Agreement concerning International Registration of Marks (1989)
- Community Trademarks (1996)
?
In the field of appellations of origin or geographical indications
- Lisbon Agreement for the protection of Appellations of Origin and their International Registration (1958)
21
?
of
In the field of industrial designs - Hague Agreement Concerning the International Deposit
Industrial Designs (1925)
?
programme Carrying Signals Transmitted by Satellite (1974) - Documents of the Diplomatic Conference on Certain Copyright & Neighbouring Rights questions (Geneva, December 2 to 20, 1996)
22
In the field of Copyright & Neighbouring Rights - Brussels Convention Relating to the Distribution of
?
?
It is a mother of all industrial (intellectual) property harmonization process. The Paris Convention lays down three fundamental substantive provisions : - National Treatment - Right of Priority - Common Rules
23
?
With respect to Protection of Industrial Property each contracting state must grant the same protection to nationals of other contracting state as it grants to its own nationals.
24
?
It provides a basis to an applicant for filing of on application for protection of the industrial (intellectual) property in any contracting State & then applying for same protection in any of the other contracting States within a certain time period. The later application will be regarded as if they had been filed on the same day of the first application. This is known as keeping the priority of the first application.
25
?
These are a set of common rules that all contracting States must follow in the administration & enforcement of intellectual property rights.
?
Strateging IPR management in every impact of every business.
26
27
doc_994102003.pptx
Trade Related Intellectual Property Rights (TRIPs)
All are IPR Protected.
?
WTO is the only global organisation dealing with the rules of trade (in goods, services and trade related issues) between the nations based on the WTO agreements as have already been negotiated and signed by the member countries and ratified by their parliaments.
3
WTO: Rules of International Business
?
153 Members (countries), 28 Observers, 76 Institutional Observers (as on May 16th ’08) 60 Agreements (6 categories) signed, all are binding on all Members - 38 are major agreements - 8 to 10 are important for a particular company’s business - Trade Related Intellectual Property Rights (TRIPs) is one such important agreement.
?
4
?
Intellectual Property (IP) refers to “a Creation of human mind that is of value to the Society, while Intellectual Property Rights (IPRs) are rights granted by the State to persons over creation of their mind.” The TRIPs Agreement of WTO covers Nine Categories of IPs:
Copy Rights and Related Rights Trademarks including Service Marks Geographical Indications Industrial Designs Layout Designs of Integrated Circuits Trade Secrets Patents Patenting of Micro-Organisms and New Plant Varieties (i.e. seeds, and other propagating materials incl. Bio-Diversity)
?
?
Minimum levels of substantive norms and standards to be followed by Member countries for the protection of IPRs as well as their enforcement.
(Contd.) 5
?
India’s concern w.r.t. TRIPs : - Granting of Product Patents to Pharma and Agro Chemicals; - Patenting of Micro-Organisms or Life forms, including Patenting of Products based on our Bio-Diversity and traditional knowledge in other parts of the World; - Establishing an Effective sui-generis system for the protection of New Plant Varieties, Plant Breeders’ Rights, which recognizes and rewards the traditional contribution of rural communities to the conservation of Bio-Diversity;
6
? Indian
Patent Act 1970
First Amendment 1999 Second Amendment 2002 Third Amendment, March 2005
? WTO
Compatible Product Patent Regime
Chemicals, Drugs, Medicines and Food Products
-
? Doha
Implications
Development Agenda on TRIPs
7
? Intellectual
property (IP) are legal property rights over creations of the mind, both artistic and commercial, and the corresponding fields of law. intellectual property law, owners are granted certain exclusive rights to a variety of intangible assets, such as musical, literary, and artistic works; ideas, discoveries and inventions; and words, phrases, symbols, and designs. types of intellectual property include copyrights, trademarks, patents, industrial design rights and trade secrets.
8
? Under
? Common
9
1. 2. 3. 4. 5. 6. 7. 8. 9.
Patent Copyright Trademark Service marks Trade Secrets Layout Design for Integrated Circuits Geographical Indications Protection of New Plant Varieties Anti competitive practices in contractual licenses.
10
Patent
?
It protects inventions that are novel and non-obvious w.r.t the prior art & useful. Must be disclosed in a specified format in patent specification. A granted patent has specific term.
?
?
?
Must be periodically renewed (generally 20 yrs, in some countries it is 14 or 5 or 7 yrs).
11
?
Protects creative works that are musical, literary, artistic works, lectures, plays, art reproductions, models, photographs, computer software, computer programs; databases; films, musical compositions, and choreography; artistic works such as paintings, drawings etc. Specified duration of protection.
?
12
?
A trademark is a Distinctive Sign/ Registrable Marks which identifies certain goods or services as those produced or provided by a specific person or enterprise (words / signs / or combinations). Is valid for not less than 7 yrs but can be perpetually renewed from time to time.
?
13
?
Provides protection to persons/ institutions on information, which is lawfully under their control from being disclosed to, acquired /used by others without their consent in a manner contrary to commercial practices so long as the information is secret & has commercial value b’coz it is secret.
?
Also applies to test data whose generation requires considerable effort (e.g. Marketing approval / FDA Clearance, etc).
14
?
Provision relating to protection of layout designs has been covered in Washington Treaty. The scope of protection includes not only the protected chip but also articles incorporating it. The term of protection is 10 yrs.
?
?
15
?
This tool affords protection to goods that have a specific geographical origin and possess qualities, reputation or characteristics that are essentially attributable to that place of origin. The initial term of validity is 10 yrs. Can be renewed from time to time. For example, - Scotch Whisky, (UK) - French Champagne - Darjeeling Tea, (India)
16
? ? ?
?
A registered design includes : features of shape, configuration, pattern, ornament or composition of lines or colors. The protection does not include: ? mode or principle of construction ? anything which is in substance a mere mechanical device ? trademark or property mark.
?
?
Registration has a specific term (initially 10 yrs, renewable after 10 yrs).
If not periodically renewed, it becomes public property that can be used without infringement
17
?
?
Countries excluding patent protection to plant varieties are required to provide Protection to New Plant Varieties by an effective “sui generis”(a system standing on its own) or any combination of “sui generis” & patents. The international conventions followed on this features are :
? UPOV ’78 ? UPOV ’91 ? Convention of Biodiversity (CBD).
?
(UPOV: International Convention of the Union for the Protection of New Varieties of Plant).
18
?
Some licensing practices restrain competition.
? Adversely impact on trade & transfer of technology
?
National Anti trust / anti competition laws & compulsory licensing are linked with monopolistic practices.
19
?
Treaties in the field of Industrial Property
? Washington Treaty on Intellectual Property in Respect of Integrated Circuits (1989) ? Trademark Law Treaty (“TLT”)(1994) ? Trade Related Intellectual Property Rights (TRIPs) (1994)
?
In field of Patents
? Patent Cooperation Treaty (PCT) (1970) ? Budapest Treaty on the International ? Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure (1977)
20
?
In the field of Trademarks
- Protocol relating to the Madrid Agreement concerning International Registration of Marks (1989)
- Community Trademarks (1996)
?
In the field of appellations of origin or geographical indications
- Lisbon Agreement for the protection of Appellations of Origin and their International Registration (1958)
21
?
of
In the field of industrial designs - Hague Agreement Concerning the International Deposit
Industrial Designs (1925)
?
programme Carrying Signals Transmitted by Satellite (1974) - Documents of the Diplomatic Conference on Certain Copyright & Neighbouring Rights questions (Geneva, December 2 to 20, 1996)
22
In the field of Copyright & Neighbouring Rights - Brussels Convention Relating to the Distribution of
?
?
It is a mother of all industrial (intellectual) property harmonization process. The Paris Convention lays down three fundamental substantive provisions : - National Treatment - Right of Priority - Common Rules
23
?
With respect to Protection of Industrial Property each contracting state must grant the same protection to nationals of other contracting state as it grants to its own nationals.
24
?
It provides a basis to an applicant for filing of on application for protection of the industrial (intellectual) property in any contracting State & then applying for same protection in any of the other contracting States within a certain time period. The later application will be regarded as if they had been filed on the same day of the first application. This is known as keeping the priority of the first application.
25
?
These are a set of common rules that all contracting States must follow in the administration & enforcement of intellectual property rights.
?
Strateging IPR management in every impact of every business.
26
27
doc_994102003.pptx