Intellectual property rights

INTELLECTUAL PROPERTY RIGHTS : INTELLECTUAL PROPERTY RIGHTS BY: DEEPALI SHARMA

INTELLECTUAL PROPERTY RIGHTS : INTELLECTUAL PROPERTY RIGHTS The right of an individual to derive benefits from his intellectual property and to exclude others from doing so is referred to as intellectual property rights. The rights to intangible property that is the product of the human intellect. Intellectual property may be protected by copyright, trademark or patent. The holder of intellectual property rights is usually the person or persons who developed the product or the organization that funded it.

Key forms of intellectual property : Key forms of intellectual property Trade secrets Patents Copyright Trade marks

Trade secrets : Trade secrets Any information that may be used in the operation of a business and that is sufficiently valuable to afford an actual or potential economic advantage is considered a trade secret. Examples of trade secrets can be formulas for products, such as the formula for Coca-Cola . Advantages of trade secrets: Unlimited duration Lack of legal formalities and requirements

Contd… : Contd… Reduced risk of someone improving upon the process formulation etc. No need for filing application. Contesting and enforcing IPR.

Limitations of trade secret : Limitations of trade secret Costly maintenance. No protection from independent invention. It cannot be applied to many intellectual properties. The nondisclosure hampers further innovations and thus delays scientific/technological progress.

Patents : Patents A patent is the form of a certificate granted by a government. It gives the inventor the right to exclude others from imitating , manufacturing , using or selling the invention in question for commercial use during the specified period.

Features of patent : Features of patent Valid only in the country that has granted it. It is granted for an innovation , invention , process of producing a product , and a concept.

Requirements for award of patents : Requirements for award of patents Novelty Inventiveness Industrial applications and usefulness Patentability disclosure

Procedure for obtaining patents : Procedure for obtaining patents steps Preparation of application acc. To prescribed Performa Filing of application with patents office Securitization of application by patent officer and publication of information for award of patent Challenges against information can be filed in patent office Hearing of objections by competent authorities & if objections are cleared patents are awarded If objections are valid than information is disclosed for a time

Limitations of patents : Limitations of patents Time limitation Territory limitation

Copyright : Copyright Copyright is a legal term describing the economic rights given to creators of literary and artistic works, including the right to reproduce the work, to make copies, and to perform or display the work publicly. Copyright protects arrangements of facts, but it does not cover newly collected facts as such. Moreover, copyright does not protect new ideas and processes; they may be protected, if at all, by patents.

Trade marks : Trade marks Trademarks are especially important when consumers and producers are far away from one another. Children ask for Barbie dolls, Lego building blocks, and Hot Wheels toy cars. Some adults dream of Ferrari automobiles, but more can afford to buy Toyota or Honda brands. These consumers need trademarks to seek or avoid the goods and services of particular firms. Trademarks are commercial source indicators, distinctive signs that identify certain goods or services produced or provided by a specific person or enterprise. Trademarks are especially important.

Intellectual property rights in India. : Intellectual property rights in India. The year 1999 witnessed the consideration and passage of major legislation with regard to protection of intellectual property rights in harmony with international practices and in compliance with India's obligations under TRIPS. These include: 1. The Patents (Amendment) Act, 1999 passed by the Indian Parliament on March 10, 1999 to amend the Patents Act of 1970 that provides for establishment of a mail box system to file patents and accords exclusive marketing rights for 5 years. 2. The Trade Marks Bill, 1999 which repeals and replaces the Trade and Merchandise Marks Act, 1958 passed by the Indian Parliament in the Winter Session that concluded on December 23, 1999. 3. The Copyright (Amendment) Act, 1999 passed by both houses of the Indian Parliament, and signed by the President of India on December 30, 1999.

CONTD…. : CONTD…. 4. A sui generis legislation for the protection of geographical indications called the Geographical Indications of Goods (Registration & Protection) Bill, 1999 approved by both houses of the Indian Parliament on December 23, 1999. 5. The Industrial Designs Bill, 1999 which replaces the Designs Act, 1911 was passed in the Upper House of the Indian Parliament in the Winter Session which concluded on December 23, 1999 and is presently before the Lower House for its consideration. 6. The Patents (Second Amendment) Bill, 1999 to further amend the Patents Act, 1970 and make it TRIPS compliant was introduced in the Upper House of Indian Parliament on December 20, 1999.

Management of IPR : Management of IPR Transfer of IPR in such away so as to generate the maximum profits from an intellectual property. Establishment of collaboration to facilitate commercialization of IPR. Monitoring the infringements of IPR and enforcing one’s rights where necessary. Renewal of patents and design periodically in every country where they are granted. Periodical evolution of factors like R&D investments to the royalty ratio to decide which IPR is to be reviewed in which country.

Benefits & Problems of IPR : Benefits & Problems of IPR Benefits Encourages and safeguard intellectual and artistic creations. Spread of new ideas and technologies. Investment in R&D efforts. Consumers got large range of products. Economic development. Problems Encourages monopolies. Cost enhancement Perceived as a threat to food security by many. May affect diversity and ecological balance. May be detrimental to the livelihood of poor.

R & D EXPENDITURE IN INDIA : R & D EXPENDITURE IN INDIA India currently spends about 0.8% GDP on R &D and the science and technology policy (in jan 2003) has the target to raise it to 2% by the year 2007.And 80% of india’s total expenditure is made by govt. itself.In most of developed countries pvt. Sector incurs 60-80% of the total R& D expenditure.

INCENTIVES FOR TECHNOLOGICAL RESEARCH AND DEVELOPEMENT : INCENTIVES FOR TECHNOLOGICAL RESEARCH AND DEVELOPEMENT INCENTIVES FOR R & D ACTIVITIES Income tax relief on R& D expenditure. Weighted tax deduction for sponsored research programmes Exemption from the payment of custom duty on goods imported for use in govt. funded R&D projects. Direct financial support to R&D centers.

TECHNOLOGY PROMOTION FOR SELF RELIANCE : TECHNOLOGY PROMOTION FOR SELF RELIANCE THE SPECIFIC ASSISTANCE MEASURES INCLUDE Support to preparation of reports relating to technology export. Support to preparation of reports relating to technological experience in selected areas of industry. Support for demonstration of technologies identified for exports.

INFORMATION SYSTEM FOR TECHNOLOGY DEVELOPMENT : INFORMATION SYSTEM FOR TECHNOLOGY DEVELOPMENT For the promotion of suitable technology, National information system for science and technology (NISSAT) provides support to the interworking of information system on science and technology.The system support 12 major information networks in the country and many of these have access to international database.

INDIA’S SCIENCE & TECHNOLOGY POLICY:OBJECTIVES & IMPLEMENTATION STRATEGY : INDIA’S SCIENCE & TECHNOLOGY POLICY:OBJECTIVES & IMPLEMENTATION STRATEGY Technology policy is an important factor that provides a environment for technological innovations. It serves as the objectives & principles on which future technological development will be laid.

OBJECTIVES OF SCIENCE & TECHNOLOGY POLICY , 2001 : OBJECTIVES OF SCIENCE & TECHNOLOGY POLICY , 2001 Promotion of self reliance. Sustainable & equitable development. Enlarged contribution to economic growth. Natural resources conservation & protection of physical environment. Maintenance of national security. Enhance international competitiveness of Indian economy. Mitigation of natural hazards.

IMPLEMENTATION OF POLICY,2001 : IMPLEMENTATION OF POLICY,2001 Modernization of infrastructure. Simplification of administrative & financial procedures. Enhancements of career aspects of scientists in order to attract new talents. Establishment of rigid quality standards laboratories. High reward for successful innovations. Encouragement of R&D projects for protection of IPR. Enhancing public awareness about science & technology. Fiscal measures for encouraging contribution of private industry to R&D.

OBJECTIVES OF SCIENCE AND TECHNOLOGY POLICY , 2003 : OBJECTIVES OF SCIENCE AND TECHNOLOGY POLICY , 2003 Advance scientific temper and fully integrate science and technology into all spheres of national activity on a sustainable basis. It would foster scientific research in universities and other institutions. Create suitable employment opportunities in the S&T sector. Women would be ensured full and equal participation. There would be necessary autonomy and freedom of functioning for academic institutions. Special emphasis on forecasting, prevention & mitigation of natural resources. International. cooperation would continue to operate

IMPLEMENTATION OF POLICY : IMPLEMENTATION OF POLICY Optimal utilization of existing infrastructure. Strengthening infrastructure. Human resource development. Public awareness about science & technology. Industry & scientific R&D. Fiscal measures. International technology and cooperation's. Generation & management of IPR.

ISSUE HINDERING TECHNOLOGY POLICY : ISSUE HINDERING TECHNOLOGY POLICY Heavy dominance of government in technology development. Weak intellectual property regime. Slow rate of technology transfer & diffusion. Inferior position of Indian partners. Import of outdated technology. Stifling impact of technology import on domestic R&D. Conditions of stagnation in technology research. Little emphasis on technology assimilation & absorption.

Slide 28 : THANK YOU