1. INTELLECTUAL PROPERTY RIGHTS (IPR)

2. What is intellectual property (IP)?
IP as a term describes the ideas, inventions, artworks, music and literature that are basically intangible in creation.
IP is the commercial application of imaginative thought to solving a technical or artistic challenge.

3. What is IP 2
IP contains the word ‘property’ denoting its value and its application only to inventions, works and names for which an individual or group of people claims ownership.
Ownership is important as potential economic gains act as a powerful driving force to innovate.

4. The IP Chain of Activities
Creation
Innovation
Commercialization
Protection
Enforcement

5. TYPES/TOOLs OF IPRs:
a. Patents. b. Trademarks. c. Copyrights and related rights. d. Geographical Indications. e. Industrial Designs. f. Trade Secrets. g. Layout Design for Integrated Circuits. h. Protection of New Plant Variety.

6. a. Patent
Protect the use of ideas or information either in products or processes. Holds monopoly for:
Standard Patent - 20 years: This applies to inventions or in other words the creation of a "certain thing"; and
Innovation Patent - 8 years: This applies to innovative creations or in other words the creation of "the process of how to do certain things".

7. Patent cont…
Patents give effective protection if you have invented new technology that will lead to a product, composition or process with significant long-term commercial gain.

8. Types of patents

9. Utility patent

10. Plant patent

11. Design patent

12. Advantages:
1. 20 year monopoly (up to 25 years for pharmaceutical products).
2. Can be strong form of protection.
3. Property can be traded (cross-licensing, sales, assignment) and also partly traded.
4. Can be used as an asset to raise money against.
5. Can be used as litigation 'weapon' against someone.

13. Disadvantages:
1. Costly to file. 2. Only as strong as its drafting and its ability to be enforced in Court. 3. Enforcement in Court is expensive. 4. There is a need for constant vigilance to protect effectively and to enforce in Court if need be. 5. Must publish the invention during the monopoly period, others can use this information to advance their position. 6. Once monopoly period expires the invention/innovation is in public domain. 7. No guarantee of validity.

14. b. Trademarks
Are "Signs" such as names, words and logos that businesses use to identify themselves and the goods and services they provide. Perpetually renewable for successive periods of 10 years.

15. The difference between trade marks, business, company and domain names sometimes causes confusion, refer to "What is NOT Intellectual Property". Registration of a business, company or domain name does not in itself give you any proprietary rights, only a trademark does.
A trademark is used to distinguish the goods or services of one trader from those of other traders.

16. Trade marks
Name
Logotype
Symbol
Slogan
Shape
Color 1

20.   Advantages:
1. Can create a monopoly-like position. 2. No time limitation if renewed and used correctly. 3. Can be strong and effective protection. 4. Property can be traded. 5. Can be used as a strategy to build business in new markets i.e. franchising. 6. Can be used as back up to other IP protection.

21. Disadvantages:
1. Others can have the same mark (for example their prior use of the trademark before your registration or honest concurrent use). 2. Can be lost if it becomes generic. 3. Can be weak protection. 4. Requires constant vigilance to enforce effectively. 5. Limited to specified goods. 6. Can be lost if not used.

22. c. Copyrights and related rights:
The exclusive right to do, or to authorize another person to do, certain acts in relation to the work or subject matter. Copyright subsists in original literary works, original dramatic works, original music works, original artistic works, sound recordings, cinematographic films, television, sound broadcasts and published editions of works. Unlike patents, copyright does not protect the idea itself but the words (or otherwise) that express the idea.

23. Cont…
Creators often sell the rights to their works to individuals or companies best able to market the works in return for payment. These payments are often made dependent on the actual use of the work, and are then referred to as royalties Protection - life of author plus 60 years.

24. Copyrights - Types

25. Literary works (books, Lectures, software code)

26. Musical works (including any accompanying words)

27. Dramatic words (including any accompanying music)

28. Choreographic works (dance notion)

29. Cinematographic works (videotape, maps, plans, paintings),graphic and sculptural works

30. Pictorial (i.e., photographs, drawings, maps, plans, paintings) graphic and sculptural works

31. Motion pictures (and other audiovisual works)

32. Architectural works

33. Sound recordings

34. Advantages:
1. Automatic. 2. No cost for protection. 3. Limited protection can be enough with some technology/industries. 4. Can be early backup for other IP protection. 5. Long length of time.

35. Disadvantages:
1. Limited to very little protection. 2. Costly to enforce in Court. 3. Needs constant vigilance. 4. Matter not always visible i.e. software code, therefore difficult to monitor. 5. No one is directly responsible for it so it can be forgotten.

36. d. Geographical Indications (GI)
Geographical indications of goods are defined as that aspect of Intellectual property which relate to goods or products originating from a particular geographical region situated in a particular country. e.g. Darjeeling Tea, Nagpur oranges, Simla apples Registration is valid for ten years.

37. It is an exclusive right given to a particular community hence the benefits of its registration are shared by the all members of the community. Recently the GIs of goods like Chanderi Sarees, Kullu Shawls, Wet Grinders etc have been registered. Keeping in view the large diversity of traditional products spread all over the country, the registration under GI will be very important in future growth of the tribes / communities / skilled artisans associated in developing such products.

38. Agra petha

39. Kashmiri shawls

41. Advantages:
1. It confers legal protection to goods produced in a particular region. 2. Enhances commercial value and increases market visibility for the produce. 3. Prevents unauthorized use of a Registered geographical indications 4. Boosts exports by providing legal protection of goods covered under Geographical Indications 5. Promoted economic prosperity of producer of goods from a particular geographical territory.

42. Disadvantages:
1. Applicable only to goods which are agricultural, natural or manufactured in a specific territory 2. Specific only for goods from a particular geographical region which is registered as a GI 3. Can be obtained only by registered bodies e.g. societies, associations etc. duly recognized by the law and not by individuals. Applicant must represent interest of the producers. 4. Registration is not one time and regular fee has to be paid to keep the registration valid. 5. Registration cannot be licensed but can be transferred to successors, if original person dies.

43. e. Industrial Designs:
Industrial designs refer to specific shape, configuration, surface, pattern or color or combination there of which produces an aesthetic impression of the article. Maximum term is 15 years.

47. Advantages:
Prevents unauthorized copying of an original design. On account of better aesthetics, the design may lead to enhanced commercial value of a product.
Protection period is sufficiently long-ten years and can be renewed for another five years by payment of fee.
Disadvantages:
Ensure registration before disclosure in any form.

48. f. Trade Secrets:
Trade secret refer to proprietary information having commercial application and value. Soft drink “ Coca-Cola” which has been preserved as a family secret, passed from one generation to another. It is true that specific information may have value but how to protect it as a trade secret?

52. Advantages:
Minimal documentation
No fee
No expiry
Monopoly for almost unlimited period
No territorial limits
Disadvantages:
Ensure adequate protection through legal measures. Do not be careless in communication in writing, oral or otherwise.
Ensure back-up by proper documentation. Death/disease resulting in memory can result in loss of technology, unless it is documented and kept in a safe place or shared with a trustworthy.

53. g. Layout Design for Integrated Circuits
Layout designs for integrated circuits refer to the specific manner in which transistors and other circuitry elements of an integrated circuit (IC) are laid out in a semiconductor IC and includes lead wires connecting such elements. 10 years from date of filling or known date of commercialization, whichever is earlier.

56. Advantages:
Protection of effort and investments in design and improvement of circuits.
Recognition of original effort.
Disadvantages:
A design is not exploited commercially for more than 2 years from date of registration of application.
Know what is registrable and what is not because not all circuit designs can be registered. Layout designs which are:
i Not Original or already commercially exploited
ii Not distinctive
iii Not capable of being distinguishable from any other registered layout design
are not registrable.

57. h. Protection of New Plant Variety
These are legal rights granted by the govt. for protection of plant varieties, rights of farmers and plant breeders. Period of protection is 15 years for annual crops and 18 years for trees and vines. One time renewal at the end of 6 years in annual crops and 9 years in case of trees and vines on payment of prescribed fees.

60. Advantages:
Promotion of biodiversity.
By assuring financial return on new varieties developed, better and mission oriented research is encouraged.
Indian researchers developed good varieties of plants but in absence of rights.
Easy availability of good quality seeds developed internationally in absence of protection. Foreign companies hesitate to send improved seeds/varieties in India for fear of piracy.
Disadvantages:
Registration is forfeited if annual fee is not paid.

61. Scheme For “Building Awareness On Intellectual Property Rights (IPR)” For Micro, Small And Medium Enterprises (MSMEs) Under National Manufacturing Competitiveness Programme (NMCP)

62. The objective of the scheme is to enhance awareness of MSME about Intellectual Property Rights (IPRs) to take measure for the protecting their ideas and business strategies. Effective utilization of IPR tools by MSMEs would also assist them in technology up gradation and enhancing competitiveness.

63. These initiatives are proposed to be developed through Public-Private Partnership (PPP) mode to encourage economically sustainable models for overall development of MSMEs. Under this programme financial assistance will be provided for taking up the identified initiatives. Eligible applicants/beneficiaries will have to contribute minimum 10% of the GoI financial support for availing assistance under the scheme.

64. Historical context of IP 1
Ancient trader from China, Egypt and India used logos to distinguish their products from others.
The Venetian Law of first systemic way of protecting inventions by a form of patent.
16th Century Tudor England - the Statue of Monopolies in 1624 was the first written law providing for the grant of a monopoly for an invention for a limited period of time.
France 1791, USA 1788.

65. Historical context of IP 2
Invention of movable type printing press by Johannes Gutenberg around 1440, facilitated copying of books, which were previously copied by scribes.
Restrictions imposed the Roman Catholic Church on printing of books by reformers.
Monopolies of the press in England and France.
The Statue of Anne enacted by the British Parliament reduced monopoly powers of the press and recognized the rights of authors and their heirs.

66. History of Indian Patent System
1856
THE ACT VI OF 1856 ON PROTECTION OF INVENTIONS BASED ON THE BRITISH PATENT LAW OF CERTAIN EXCLUSIVE PRIVILEGES GRANTED TO INVENTORS OF NEW MANUFACTURERS FOR A PERIOD OF 14 YEARS.
1859
THE ACT MODIFIED AS ACT XV; PATENT MONOPOLIES CALLED EXCLUSIVE PRIVILEGES (MAKING. SELLING AND USING INVENTIONS IN INDIA AND AUTHORIZING OTHERS TO DO SO FOR 14 YEARS FROM DATE OF FILING SPECIFICATION).
1872
THE PATENTS & DESIGNS PROTECTION ACT.
1883
THE PROTECTION OF INVENTIONS ACT.
1888
CONSOLIDATED AS THE INVENTIONS & DESIGNS ACT.
1911
THE INDIAN PATENTS & DESIGNS ACT.
1972
THE PATENTS ACT (ACT 39 OF 1970) CAME INTO FORCE ON 20TH APRIL 1972.
1999
ON MARCH 26, 1999 PATENTS (AMENDMENT) ACT, (1999) CAME INTO FORCE FROM
2002
THE PATENTS (AMENDMENT) ACT 2002 CAME INTO FORCE FROM 2OTH MAY 2003
2005
THE PATENTS (AMENDMENT) ACT 2005 EFFECTIVE FROM Ist JANUARY 2005
9/97 1

67. International Regulatory Agencies

68. WHO is a specialised non political health agency of the united nations and it is the directing and coordinating authority for health within the united nations system.
It represents the single worldwide inter-governmental health agency

69. Objective
In the preamble-The attainment by all peoples of the highest level of health.
The preamble of the constitution states
Health is a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity.
Enjoyment of highest attainable standard of health.

70. Attainment of peace and security.
Unequal development in promotion of health and control of disease is a common danger.
Healthy development of the child, ability to live harmoniously.
Benefit s of medical, psychological and related knowledge to fullest atainment of knolwedge.

71. WORK OF WHO Prevention and control of specific diseases
Eradication of small pox- outstanding example. Now the battle is against AIDS. It also includes activities in the field of vector biology and control. Immunisation against common diseases of childhood (Expanded Program of Imunisation)

72. Development of comprehensive health services.
Promotion and support to national health policy development and development of comprehensive national health programs. It includes
Organising health systems based on primary health care.
Appropriate Technology for Health (ATH)
Efforts to build up primary health care.

73. Family Health Subdivided into: Maternal and child health care
Human reproduction
Nutrition
Health Education
The goal is to improve the quality of life of the family as a unit.

74. Environmental health
WHO advises govts. on national programs for provision of basic sanitary services. Programs include :
WHO environmental health criteria program
WHO environmental health monitoring program.

75. Health Statistics.
Concerned with variety of morbidity and mortality statistics. Data published in weekly epidemiological records and world health statistics.

76. Biomedical Research
No research on its own. World wide network of WHO collaborating centers.
There are Regional Advisory Committees and a global advisory committee.
Target of WHO’s Special Program for research and Training in Tropical Diseases, include malaria, schistosomiasis, trypanosomiasis, filariasis, leishmaniasis and leprosy.

77. Health literature and information.
Clearing house for information on health problems.
MEDLARS

78. Co-operation with other organisations
Collaboration with UN and other specialised agencies.

80. Initiation of ICH
Harmonization of regulatory requirements was pioneered by the European Community (EC), in the 1980s, as the EC (now the European Union) moved towards the development of a single market for pharmaceuticals
At the same time there were bilateral discussions between Europe, Japan and the US on possibilities for harmonization.
It was, however, at the WHO Conference of Drug Regulatory Authorities (ICDRA), in Paris, in 1989, that specific plans for action began to materialize.
Soon afterwards, the authorities approached IFPMA to discuss a joint regulatory-industry initiative on international harmonization, and ICH was conceived.
The birth of ICH took place at a meeting in April 1990, hosted by EFPIA in Brussels

81. Objectives: Better consumer information. Post marketing safety.
New product review.
Keep watch on safe manufacturing and handling.
Monitoring for new risk.
Standardization and regulation.
Enforcement and corrective problem.

82. Mission
ICH’s mission is to make recommendations towards achieving greater harmonization in the interpretation and application of technical guidelines and requirements for pharmaceutical product registration, thereby reducing or obviating duplication of testing carried out during the research and development of new human medicines.
To maintain a forum for a constructive dialogue between regulatory authorities and the pharmaceutical industry on the real and perceived differences in the technical requirements for product registration in the EU, USA and Japan in order to ensure a more timely introduction of new medicinal products, and their availability to patients;

83. ICH Guidelines The ICH topics are divided into four major categories:
Quality topics,
Safety topics,
Efficacy topics,
Multidisciplinary topics.

85. Food and Drug Administration (FDA)
The Food and Drug Administration (FDA) is an agency within the U.S. Department of Health and Human Services. It consists of six product centers, one research center, and two offices.
FDA’s responsibilities extend to the 50 United States, the District of Columbia, Puerto Rico, Guam, the Virgin Islands, American Samoa, and other U.S. territories and possessions.
Food and Drug Administration New Hampshire Ave Silver Spring, MD

86. History
1927 — The "Bureau of Chemistry" is reorganized into two separate entities. Regulatory functions are located in the "Food, Drug, and Insecticide Administration", and nonregulatory research is located in the "Bureau of Chemistry and Soils".
1930 — The name of the "Food, Drug, and Insecticide Administration" is shortened to "Food and Drug Administration" (FDA) under an agricultural appropriations act.

87. Mission
The Food and Drug Modernization Act states that the FDA has 4 roles:
To promote health by reviewing research and approving new products
To ensure foods and drugs are safe and properly labeled
To work with other nations to “reduce the burden of regulation”
To cooperate with scientific experts and consumers to effectively carry out these obligations

88. Organization
The agency currently has roughly 9,500 full-time employees and is headquartered in Rockville, Maryland. The agency’s total budget in financial year 2002 was about $1.4 billion (the federal government’s financial year begins in September).
The FDA is led by the Commissioner of Food and Drugs, who is appointed by the President and confirmed by the Senate.
Dr. Mark McClellan, a physician with a doctorate in economics, was nominated to be commissioner by President George W. Bush in September 2002 and confirmed by the Senate in October

89. FDA Center for tobacco product The Office of the
Commissioner
(OC)
The Center for Drug Evaluation and Research
(CDER)
The Center for Biologics Evaluation and Research 
(CBER)
The Center for Food Safety and Applied Nutrition 
(CFSAN)
The Center for Devices and Radiological Health (CDRH)
The Center for Veterinary Medicine (CVM)
The National Center for Toxological Research (NCTR)
The Office of Regulatory Affairs (ORA)
Center for tobacco product

90. FDA is responsible for
Protecting the public health by assuring that foods are safe, wholesome, sanitary and properly labeled;
Assuring human and veterinary drugs, and vaccines and other biological products and medical devices intended for human use are safe and effective
Protecting the public from electronic product radiation
Assuring cosmetics and dietary supplements are safe and properly labeled
Regulating tobacco products
Advancing the public health by helping to speed product innovations
Helping the public get the accurate science-based information they need to use medicines, devices, and foods to improve their health
Initiation of a Recall. Includes voluntary, FDA requested, and FDA mandated.

91. What doesn’t FDA regulate?
FDA does not regulate:
advertising (except for prescription drugs, medical devices, and tobacco products)
alcoholic beverages
illegal drugs of abuse,
health insurance
meat and poultry (except for game meats, such as venison, ostrich, and snake)

92. EMA EMA is a European agency for the evaluation of medicinal product.
EMA was set up in 1995.
From 1995 to 2004, EMA was known as European agency for the evaluation of medicinal product.
The European Medicines Agency (EMA) is a decentralized body of the European Union, located in London
Mission: to foster scientific excellence in evaluation and supervision of medicines.

93. office of executive director Legal service
Senior medical officer
Internal audit
Patient health protection
Human medicines development and evaluation
veterinary medicines and product data management
Information and communicate ion

94. ACTIVITIES OF EMA
provides independent, science-based recommendations on the quality, safety and efficacy of medicines.
applies efficient and transparent evaluation procedures to help bring new medicines to the market.
implements measures for continuously supervising the quality, safety and efficacy of authorised medicines.
provides scientific advice to stimulate the development and improve the availability of innovative new medicines;

95. recommends safe limits for residues of veterinary medicines used in food-producing animals.
publishes impartial and comprehensible information about medicines and their use;
develops best practice for medicines evaluation and supervision in Europe, and contributes alongside the Member States and the European Commission to the harmonization of regulatory standards at the international level.

96. CDSCO

99. MHRA

104. The role of IP as intangible property
1. economic rights of creators
2.commercial exploitation of owner of IP
3.capital expenditure
4.transfer of technology
5.cultural development

105. Why IP protection is given
Capital expenditure for new products
R and D
Marketing and advertisement
No free loaders
Maintaining loyal followers
profit

106. IP as a property Can be sold Can be bought Can be lease or rent
Can pass under a will
Can be assigned

107. The Legal Framework for IP
MyIPO is the legal custodian.
Three machinery of administration
- the IP office
- the external machinery
- the court

108. International Convention for IP
Paris Convention for Protection of Industrial Property 1967 ( 1989)
Berne Convention for the Protection of Literary and Artistic Works 1971 ( 1990)
Trade-related aspects of Intellectual Property Agreement 1994 ( 1995)
WCT ( digital agenda)
PCT 2004

109. Paris Convention Protection for industrial property Trade mark Patent
Unfair competition
Governed by domestic legislation

110. Berne Convention Protection of literary and artistic work
Governed by national legislation

111. Wipo Copyright Treaty Digital agenda.
Technological measures such as circumvention of technological maesures.

112. TRIPS 1994 (1995) Additional to Paris and Berne. Minimum requirement.
Most favoured nation treatment.
Strong enforcement procedure.

113. Patent Cooperation Treaty
Making it easier to make paten application
Designated country.
International phase to national phase.

114. Basic principle of international convention
Laying down the minimum requirement for the national legislation.
“members may but shall not be obliged to implement more extensive protection in their law than is required by the agreement. TRIPS 1(1)

115. The principle of national treatment
“Each members shall accord to the nationals of other Members treatment no less favourable than it accord to its own national”

116. Obligation of convention
State to state
Not open to individual.
Example : India v USA.

117. The Laws For Intellectual Property Protection
Copyright Act 1987
Trademarks Act 1976
Patent Act 1983
Industrial Design Act 1996
Geographical Indications Act 2000
Law of Tort
-passing-off
Confidential information

118. Patent Registration Procedure In India
Patent registration is a high rated process in which a sole owner of a unique invention get register under the patent act of India. A company relies upon common law rights without patent registration.
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119. Patent Application
This is the process in which documents are submitted by an inventor as a appeal to be the exclusive owner of an invention's patent. In patent application, elements of patent will includes which may be modified during the application process approval.
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120. Patent Search
Patent search basically starts with a review the database of previously issued patents. In other words, a search of all publicly existing information to determine whether this invention is new when it is invented.

121. Mail us at: mail@tm-india.com
Pct Application
The PCT or Patent Cooperation Treaty grants a unified procedure for filing patent application. PCT is an international agreement for filing patent application with effect in upto 117 countries in over the world.
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122. Patent Analysis
When you are configuring the business strategy of technical companies, Patents are highly important. There are many tools for analysis of patent but Visualisation is a unique tool for the analysis and detection. Basically, a patent is nothing but a text with a certain structure and with a specific objective.
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123. Patent Drafting
Patent Drafting is one of the most complex techo-legal document that contains the states of the invention for which protection is applied. The patent drafting includes a description of claims and the invention. Claims are the centre part of patent.
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124. Patent Filing
When any one develops the invention then for the protection of its invention, one has to be undergo the patent filing process. In patent filing, the legal concept is First to file and first to invent.
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125. Mail us at: mail@tm-india.com
Pct Filing
pct applications may be filed directly with the International Bureau as receiving office by mail or hand-delivery to WIPO's headquarters. It is a single filing of an international application is made with a Receiving Ofiice (RO) in one language.
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126. Mail us at: kunalkhati@gmail.com
Conventional Filing
Coventional patent applications are filled for taking priority from an earlier patent application filed in a convention country. Conventional patent application is filed within 12 months from the date of filing of the priority application.
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127. Patent Prosecution
Patent prosecution describes how applicants and their representative are interconnected and a patent office with respect to a patent and a application for a patent. In this process there is an exchange of data between patent examiner and applicant to check whether invention is infact in the public domain or not.
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128. Patent Opposition
A patent opposition is a method to challenge the validity of a patent either during the reviewing of patent application or after the patent has been granted. Patent opposition procedure may be different in various countries and can take administrative route, judicial route or both.
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129. Patent Litigation
When a patent holder, may be inventor company or any legal entity, accuses another of patent infringement in the court of law, patent litigation occurs. The patent infringement are the big causes of patent litigation in all over the world.
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130. Patent Renewal
A patent is granted for a certain perod of time. At the time of expiry patent renewal is neccessary. A certain fees is to be paid for renewal of your patent.