View
221
Download
0
Category
Preview:
Citation preview
8/3/2019 Intellectual Property Rights (Dr.milind Dandekar)
1/39
Intellectual Property Rights
&
Higher Learning Technical Institutions
Dr.Milind DandekarAssociate Professor, Dept. of IPE, SGSITS,
Indore
8/3/2019 Intellectual Property Rights (Dr.milind Dandekar)
2/39
Intellectual Property Rights
Introduction
The Concept of Intellectual Property
Different Types of IP Rationale behind Intellectual Property
Balancing the Rights of Owner & Society
Enforcement of IPR Issues before us regarding IPR
8/3/2019 Intellectual Property Rights (Dr.milind Dandekar)
3/39
What is Intellectual Property ?
Design ?
Piece of Art ?
Book ?
Film ?
Invention or Formula ?
Or just an idea?
Any thing created by mans
Ingenuity, Knowledge & Skill
besides labor and capital
8/3/2019 Intellectual Property Rights (Dr.milind Dandekar)
4/39
Concept of Property
Lay mind : Some material object belonging to aparticular person.
Concept of Ownership is critical to Concept of
Property Ownership: Right to Possess, Use & Dispose at
the desire of the owner & to exclude others
Society recognition is must
Legal Definition : Bundle of rights that the lawconfers on a person(s) by virtue of ownershipand possession of an object.
8/3/2019 Intellectual Property Rights (Dr.milind Dandekar)
5/39
Types of Property
Two types : Tangible & Intangible
Tangible: Land ,Building etc referred to as
Corporeal Property
Intangible : Copyright, Idea, Innovation etc
referred to as Incorporeal Property
Intellectual Property is Incorporeal Property and itderives its value from ideas.
IP is a dynamic area while corporeal property is a
8/3/2019 Intellectual Property Rights (Dr.milind Dandekar)
6/39
Classification of IP
Industrial Property : Rights relating to Inventions,
Industrial Designs , Trade Marks,Geographical Indication & Appellation ofOrigin
Copyright : Rights relating to creation of humanmind in the fields of Literature, Music, Art andAudio-Visual works (Related Rights &Neighbouring Rights)
8/3/2019 Intellectual Property Rights (Dr.milind Dandekar)
7/39
Seven types of IP
TRIPS Agreement of the WTO recognizes seven types of IntellectualProperty Rights
1. Copyright & Related/Neighbouring Rights
2. Trade Marks,Trade Names, Service Marks3. Geographical Indications4. Industrial Designs
5. Patents6. Layout Designs of Integrated Circuits
7. Undisclosed Information
TRIPS : Trade Related Aspects Of Intellectual Property RightsWTO : World Trade Organisation
8/3/2019 Intellectual Property Rights (Dr.milind Dandekar)
8/39
Copyright
Copyright is granted for original,literarymusical,artistic or audio-visual works
The creations of authors, playwrites,composers, artists and filmmakers
It includes rights of reproduction,communication to the public, adaptationand translation of work
8/3/2019 Intellectual Property Rights (Dr.milind Dandekar)
9/39
Trade Marks
Trade Marks & Service Marks :
Distinctive Symbols of the company
Trade Names :Name of the enterprise thatindividualizes the name of the companyGeographical Indications(GI)
Specific geographical origin and quality/reputation
8/3/2019 Intellectual Property Rights (Dr.milind Dandekar)
10/39
Industrial Design
The ornamental or aesthetic aspect of anarticle
Serves as a tool for product differentiation
Attracts customers by enhanced visualappeal and become IP to be protected
Applied to wide range of products fromindustry or handicraft
8/3/2019 Intellectual Property Rights (Dr.milind Dandekar)
11/39
Patent
A Patent is a statutory right grantedfor a limited period to an inventor inrespect of an invention to excludeany other person frommanufacturing, using or selling thepatented product or from using the
patented process, without duepermission.
Novelty, Inventive step, Industrial
8/3/2019 Intellectual Property Rights (Dr.milind Dandekar)
12/39
Layout Designs-Integrated Circuits
Layout Designs (topography) of integrated circuits isrelatively new area in IP
Protected as IP against copying but improved design by
reverse engineering is regarded as fair.
Undisclosed Information
Undisclosed Information gets recognition as a kind of IPto be protected under TRIPS
It virtually restricts honest practices to protection of trade
secrets.
8/3/2019 Intellectual Property Rights (Dr.milind Dandekar)
13/39
Rationale behind IPR
1. Creative activity culminating in IP can beincreased by encouragement but not in
adequate quantity without economic incentives.
2. Adequate Economic Benefits as just rewardsfor creation of IP through grant of Monopoly
Rights even if for limited period.
3. The provision of the Global IP regime to ensureeconomic returns and safeguarding interests of
all concerned.
8/3/2019 Intellectual Property Rights (Dr.milind Dandekar)
14/39
Balancing the Rights
There can be no absolute rights in IP becauseall individual rights are subject to the recognition
of the rights of other individuals and the rights ofthe society.
Role of State & purpose of Law : Harmonizeconflicting claims and achieve balance.
8/3/2019 Intellectual Property Rights (Dr.milind Dandekar)
15/39
IP & Constitution of India
The Constitution of India under entry 49 of Union listof matters mentions about Patents, Inventions,Designs, Copyright, Trade Marks & Merchandise;butit makes no specific reference to IP
However IP as a form of property can be put underArticle 300A dealing with property and be entitled to
a legal right.
8/3/2019 Intellectual Property Rights (Dr.milind Dandekar)
16/39
Enforcement of IPR
India and the TRIPS Agreement : India has to alarge extent complied with its obligations underTRIPS through a series of amendments to itsexisting laws and through new legislations.However the TRIPS agreement leaves someroom to deal with various issues at national levelsuch as definition of an invention, exception toexclusive rights, compulsory licenses and others
8/3/2019 Intellectual Property Rights (Dr.milind Dandekar)
17/39
New Legislations/Amendments to
Existing Legislations1. The Trade Marks Act,19992. The Designs Act, 20003. The Protection of Plant Varieties and Farmers Rights Act,
20014. The Geographical Indication of Goods
(Registration & Protection) Act, 19991. The Semiconductor Integrated Circuits Layout Designs
Bill, 19992. The Patents Act 1970,as amended by Patents(Amendment)
Act, 2002
3. The Copyright Act, 1957 togather with InternationalCopyright Order, 1999
All issues regarding IPR in India are governed by theselegislations
8/3/2019 Intellectual Property Rights (Dr.milind Dandekar)
18/39
Issues before Us
What is a patentable Invention ?
A new product or process involving an
inventive step and capable of industrialapplication
What is not patentable ?
8/3/2019 Intellectual Property Rights (Dr.milind Dandekar)
19/39
Procedure for Obtaining Patent
Who can apply ?
A person claiming to be the true and firstinventor of an invention
Filing a Patent Application:
Only one application is filed for one
invention along with provisional orcomplete specification
8/3/2019 Intellectual Property Rights (Dr.milind Dandekar)
20/39
The Specification must contain :
Title, sufficiently indicating the subject matter
Relevant drawings/graphics
Full & particular description of invention
Details of its operation or use and the method by which itis to be performed
Disclosure of the best method of performing theinvention
Claims defining the scope of the invention substantiated
by the disclosure Abstract providing technical information
Declaration as to the inventiorship of the invention
8/3/2019 Intellectual Property Rights (Dr.milind Dandekar)
21/39
Search for anticipation by previous
publication and by prior claim
The search requires investigation for
1. Prior Applications
2. Patents Already Granted3. Already Published or Claimed
4. Impugned one
Any objection raised by the examiner areto be removed by applicant within 12months.
8/3/2019 Intellectual Property Rights (Dr.milind Dandekar)
22/39
Acceptance & Advertisement
Controller of Patents notifies it to theapplicant and also advertises it in the
Official Gazette for public inspection
From date of advertisement to the date ofsealing the patent, the applicant enjoys the
privileges and rights as if a patent had
been sealed on the date of advertisementexcept the right of infringement.
8/3/2019 Intellectual Property Rights (Dr.milind Dandekar)
23/39
Opposition to the grant of Patent
Notice to Controller within 4 months from the date ofadvertisement on following grounds :
1. Wrongfully obtained by the inventor
2. Anticipated in a specification filed for another patent
earlier3. Publicly known in India before priority date of claim
4. Not an invention within the meaning of the Act
5. The information furnished is false
6. Geographical origin is not disclosed or falsely
disclosed7. Convention application not filed in India in prescribed
time for the same invention in a convention country
8/3/2019 Intellectual Property Rights (Dr.milind Dandekar)
24/39
Grant of Patent
Where the application for a patent hasbeen accepted w/o opposition or after
disposing the opposition, a patent shall be
granted if the applicant makes a requestwithin 6 months of advertisement.
The patent so granted shall be sealed with
the seal of the patent office and the dateshall be entered in the register.
8/3/2019 Intellectual Property Rights (Dr.milind Dandekar)
25/39
Rights of Patent
Right to exploit the patent Right to grant licence etc
Right to surrender
Right to sue for infringementLIMITATIONS :
Purposes of Government For imparting instructions to pupils
Medicine or Drug imported by the Governmentfor its use in hospital, medical institute, Lab,maintained by or on behalf of the Government.
8/3/2019 Intellectual Property Rights (Dr.milind Dandekar)
26/39
Difficulties Primarily Faced in Creation ofIPR in Academic & Research Institute:
1. Lack of knowledge regarding thenovelty/innovation of a research workpersuade by a scholar with respect to its
suitability for creation of IPR.
- Patent Search
8/3/2019 Intellectual Property Rights (Dr.milind Dandekar)
27/39
2. Absence of systematic planning andorganizing of a research programme inreference to filing of patent.
- To conceive the part or phasesof any developmental work
justifying
novelty/innovation.
8/3/2019 Intellectual Property Rights (Dr.milind Dandekar)
28/39
3. Absence of knowledge regarding thetimely disclosure of invention to register
the right of inventor- ship/creatorship
4. Lack of idea regarding the type of
information, level of technicality andextent of experience /data that can bedisclosed or made public by lecturing,
publication etc. without harming theinterest of the work with respect to its rightfor IP.
8/3/2019 Intellectual Property Rights (Dr.milind Dandekar)
29/39
5. Poor knowledge of preparation of
technical and legal write-up of a work to justifying its suitability to register as
IPR prior to the legal consideration.
6. Non availability of legal staff / cell inmost of the academic institutes to prepareand plead the case of IPR.
8/3/2019 Intellectual Property Rights (Dr.milind Dandekar)
30/39
Immediate measures to be taken :
Activation of the system for
Development of Awareness, Attitude andCulture for creation of IP
8/3/2019 Intellectual Property Rights (Dr.milind Dandekar)
31/39
Critical Issues in IP Creation & IPManagement in
Higher Learning Technical Institutions
IITs/IISc
NITs/RECs
BITS
Engg. Colleges
University Science Dept.
8/3/2019 Intellectual Property Rights (Dr.milind Dandekar)
32/39
Critical Issues
Which IPs should be created?
Which IPs can be created?
Why IP should be created?
How much IP should be created?
How much IP can be created?
How to create IP?
Challenges in IP Education
G th f W ld P t t Fili
8/3/2019 Intellectual Property Rights (Dr.milind Dandekar)
33/39
Year Applicatio
ns Filed
Growth
Rate (%)1977 771,700 12.89
1984 859,670 4.76
1985 1,202,607 39.89
1990 1,668,245 9.01
1994 2,405,221 17.10
1995 2,885,962 19.99
1996 3,569,839 23.701997 4,577,192 28.22
1999 7,276,337 58.96
2000 9,975,173 37.09
Growth of World Patent Filing
8/3/2019 Intellectual Property Rights (Dr.milind Dandekar)
34/39
Linkage between HLTIs/ Universitiesand the Industry
Producing manpower for the industry
Designing useful curriculum
Teaching concepts required by the industry
Create IP for the industry
8/3/2019 Intellectual Property Rights (Dr.milind Dandekar)
35/39
How to create IP in HLTIs
Creation of IP culture
Change of mind set
Commercially worthy (patentable) research
Conversion of IP to IPRs Transfer of Technology
Development of skills (Negotiation, draftingagreements, patent valuation etc)
8/3/2019 Intellectual Property Rights (Dr.milind Dandekar)
36/39
How to create IP in HLTIs
Faculty Motivation (Linkage with Higher Position) Financial reward & Financial stake
Faculty should do what they should instead of what they can
Development of appropriate Faculty Performance Appraisal Systems
Development of IP faculty
Research in IP Area Importance of analysis of IP teaching requirements
8/3/2019 Intellectual Property Rights (Dr.milind Dandekar)
37/39
Emerging Need of IPR Education
Students (B.Tech./M.Tech./MBA/Ph.D..) wantmore lucrative jobs
Industry wants IP-educated engineers andmanagers
Industry is willing to pay more to good IP-literates
More number of students for registration in IPRcourses
8/3/2019 Intellectual Property Rights (Dr.milind Dandekar)
38/39
Certain issues related to IPR Creation & IPRManagement are critical
There is need for serious brain storming on what, when,
where and how much of IP Education, Training andResearch
Why has ceased to be debatable
MHRD initiatives in this direction reflect governmentsvision
8/3/2019 Intellectual Property Rights (Dr.milind Dandekar)
39/39
THANK YOU
Recommended