business law presentation : intellectual property right: patents, trademarks, geographical...

Intellectual property right:

Patents, trademarks, geographical indications

Renzil D’cruz

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Intellectual property

• creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce.

– Patents

– Trade Marks

– Copyrights

– Geographical Indications

– Industrial Designs

• Intellectual Property Rights

• copyright and rights related to copyright and

• industrial property.

Renzil D’cruz

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Intellectual property and TRIPS Agreement

• The TRIPS Agreement

– Economic benefits and costs of TRIPS

– Importance of flexibilities

• IPRs protection: – Encourage and reward creative work

– Technological innovation Intellectual property rights are designed to provide protection

– Fair competition

– Consumer protection the protection of distinctive signs

– Transfer of technology a functioning intellectual property regime

– Balance of rights and obligations Renzil D’cruz

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Renzil D’cruz

http://RenzilDe.com http://about.me/renzilde

http://linkedin.com/in/renzilde

Patents

• A patent is a legal monopoly, which is granted for a limited time by a country to the owner of an invention.

• Patent rights are territorial; an Indian patent does not confer any rights outside India.

• Patent rights last for 20 years in India

• India had already implemented its

obligations under Articles

70.8 and 70.9 of TRIP Agreement.

Renzil D’cruz

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Case Study :Apple vs. Samsung

• Apple issuing an official complaint on April 15, 2011

• Instead of pursuing independent product development, Samsung has chosen to slavishly copy Apple's innovative technology, distinctive user interfaces, and elegant and distinctive product and packaging design, in violation of Apple's valuable intellectual property rights.

• On July 24, Apple released information that outlined the proposed damages of Samsung's alleged patent infringement at $2.5 billion.

Case Study :Pfizer’s Canadian Patent on Viagra

• Supreme Court of Canada, on November 8, 2012, invalidated the Canadian Viagra patent owned by Pfizer Canada Inc.

• The main issue before the Supreme Court was whether Pfizer’s patent met the disclosure requirement of the Act.

• The Supreme Court, while delivering its judgment, clarified that “sufficiency of disclosure lies at the very heart of the patent system,” and the applicant must give the full information that is necessary to work the invention.

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Case Study :Basmati Rice Patent Issue

• An analysis of the real issues involved in the controversial case of the Basmati Rice Patents from various perspectives: commercial, legal and general. Point-to-point explanation of widely held misconceptions arising from limited awareness.

• Rice-Tec has patented the name 'BASMATI' for rice at the US Patent Office

• Besides, Rice Tec also filed for registration of Trade Marks such as TEXMATI and TEXMATI LITE. These Trade Mark applications were also registered. There is no registration for the word BASMATI as a Trade Mark.

Trademark

• A Trade Mark is any sign which can distinguish the goods and services of one trader from those of another. A sign includes words, logos, colours, slogans, three-dimensional shapes and sometimes sounds and gestures.

• The registration of a trade mark is for a period of 7 years from the date of the application. renewed for successive periods of 7 years each.

• Trade Mark Classification of Goods and Services

Case:Madrid System for International Registration of Marks

• The Madrid System of International Registration of Trademarks came into existence in the year 1891.

Renzil D’cruz

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Geographical indications

• A place name is sometimes used to identify a product. This “geographical indication” does not only say where the product was made. More importantly, it identifies the product’s special characteristics, which are the result of the product’s origins.

Protecting the GI for Darjeeling Tea

• This case study relates to the geographical indication (GI) protection of Darjeeling tea. It tells the story of the unauthorized use and registration of ‘Darjeeling and Darjeeling logo by Japanese companies already registered in Japan by the Tea Board of India. The study also refers to the unauthorized use and attempted registration of the words ‘Darjeeling and Darjeeling logo’ by some other developed countries.

Renzil D’cruz

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THE WTO: THE AGREEMENTS

• Intellectual property: protection and enforcement

• The Nice Classification & India

• Classification systems employed in other countries

• Its nature as a classification tool

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Number of IPRs Granted/ Registered in 2010-11

Applications filed by the Indian applicants

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