ANNAMALAI UNIVERSITY

Faculty of Agriculture

Department of Agronomy

“INTELLECTUAL PROPERTY RIGHTS IN AGRICULTURE”

CHAIRMAN:

Dr. K.Arivukkarasu ,

Assistant Professor of Agronomy

ADVISORY COMMITEE:

Dr. Rm.Kathiresan,

Professor of Agronomy

Dr. P.SivasakthivelanAssistant professor of Microbiology

STUDENT:

GUDAPATI ASHOKA CHAKRAVARTHY,

II. M.Sc., Agri (Agronomy),

Reg.no: 11508.

INTELLECTUAL PROPERTY RIGHTS

Intellectual property rights (IPR) can be defined as the rights given to people over the creation of their minds. They usually give the creator an exclusive right over the use of his/her creations for a certain period of time. Intellectual property (IP) refers to creations of the mind such as inventions, literary and artistic works, symbols, names, images, and designs used in commerce.

General Agreement on Tariffs and Trade (GATT)

Originated after World War II (1939-45).

The last round of negotiations, called the UruguayRound, began in 1986 and ended in 1994.

Till 1994 (when it was replaced by WTO), GATT hadeight "rounds" of negotiation which reduced tariffsand struggled to produce rules to govern internationaltrade.

The Uruguay Round also provided for establishment of the WTO which replaced the GATT.

All of the 128 contracting states to the 1994 GATT Agreement, were eventually given membership to the WTO.

World Trade Organization (WTO)

WTO is the only international organization dealing with the global rules of trade between nations.

It came into existence in 1995 by an international treaty signed by the member states of the General Agreement on Tariffs and Trade (GATT).The stated objective of the WTO is to ensure that trade flows as smoothly, productively and freely as possible.The headquarters of WTO is at Geneva, Switzerland. Its main functions are :•Administering WTO trade agreements•Acting as forum for trade negotiations•Handling trade disputes•Monitoring national trade policies•Technical assistance and training for developing countries•Co-operation with other international organizations

World Intellectual Property Organization (WIPO)

"The agreement to establish the World Intellectual Property Organization" was signed at Stockholm in 1967 and came into force in 1970.

There are three major functions of WIPO :1.Registration activities2.Promotion of inter-governmental cooperation3. Promotion of substantive activities

Trade Related aspects of Intellectual Property Rights (TRIPS)

It is an international agreement administered by the World Trade Organization (WTO) that sets down minimum standards for many forms of Intellectual Property (IP) regulations for all the members of WTO.

The TRIPS agreement introduced intellectual property law into the international trading system for the first time and remains the most comprehensive international agreement on intellectual property to date.

National Intellectual Property Rights Policy (12th MAY 2016)

The main focus of this policy is related to the slogan‘Creative India, Innovative India’.

Based on this the government has been promotinginitiatives to encourage creativity, innovation andentrepreneurship through missions like,

‘Make in India’,

‘Atal Innovation Mission’,

‘Start-Up India’, and

‘Stand-Up India’

Vision of this policy :To create…• An India where creativity and innovation are stimulated by Intellectual Property for the benefit of all;

• An India where intellectual property promotes advancement in science and technology, arts and culture, traditional knowledge and biodiversity resources

• An India where knowledge is the main driver of development, and knowledge owned is transformed into knowledge shared’.

Following are the Intellectual Property Rights that are covered under TRIPs

1) Patents;

2) New plant varieties;

3) Geographical indications;

4) Trademarks;

5) Copy right;

6) Industrial designs.

MAXIMUM PERIOD OF PROTECTION OF VARIOUS IP RIGHTS

PATENT : 20 years (renewed every year)

PLANT VARIETIES : 18 years, 15 years (renewed after 6th

year/9th year)

GEORAPHICAL INDICATIONS : No limit(renewed every 10th year

TRADEMARK : No limit (renewed every 10th year)

COPYRIGHT : Life time of the author plus 60

years /60 years from the date of

publication)

INDUSTRIAL DESIGNS : 10 +5 year(renewed after 10th year)

12

I P OFFICES IN INDIA

MINISTRY OF COMMERCE AND INDUSTRY

DEPARTMENT OF INDUSTRIAL POLICY AND PROMOTION

CONTROLLER GENERAL (CGPDTM)

PATENT TRADE MARKS G.INDICATIONS DESIGNS

KOLKATADELHI

MUMBAICHENNAI

KOLKATADELHI

MUMBAICHENNAI

AHMEDABAD

CHENNAI KOLKATA

PATENT

A ‘Patent’ gives aninventor exclusive rightsto use their invention fora limited time. Theserights will prevent otherparties from copying orselling the inventionwithout the permissionof the inventor.

TYPES OF PATENTS

Utility Patents

Design Patents

Plant Patents

Utility Patents: are issued for “. . . any new anduseful process, machine, manufacture, or composition ofmatter, or any new and useful improvement thereof.”

Valid for twenty (20) years from the date of filing or theearliest priority date.

Contd…

Design Patents: are issued for novel,non-obvious, ornamental design in anarticle of manufacture, in other words, forits appearance.

The term of a design patent is fourteen(14) years from the date of grant.

Contd…

Plant Patents: are issued for new varieties of plants which have been asexually reproduced.

The new variety must be novel, distinct and non-obvious

Plants discovered in nature are not patentable.

A plant patent has the same length of term as a utility patent.

REQUIREMENTS FOR PATENTABILITY

Must be useful

Must be novel/new

Must be non obvious

BENEFITS OF PATENT PROTECTION

1. Prevents theft of the invention

2. Higher Profit Margins

3. Reduce Competition

4. Encourage Settlement

5. Expand Market Share

Are all inventions Patentable?No. The following inventions are not Patentable:1. An invention which is frivolous2. An invention which is contrary to well established natural

laws3. The mere discovery of a scientific principle or the

formulation of an abstract theory.4. An invention relating to Atomic Energy.5. A method of Agriculture or Horticulture6. An invention if already known to the public or is in use7. An invention if already patented anywhere in the world8. If someone else has filed the application for patent prior

to you for the same invention.

EXAMPLE FOR PATENT Monsanto brought Glyphosate to the market in 1974

under the trade name Roundup, and Monsanto's last commercially relevant United States patent expired in 2000.

Now Glyphosate has been marketed by various companies

VARIOUS COMPANIES WHICH ARE NOW PRODUCING GLYPHOSATE

Trade name manufacturer

ALLOUT 450 HERBICIDE UPL AUSTRALIA LIMITED

BANISH 450 HERBICIDE AGRICROP PTY LTD

BROADWAY HERBICIDE FMC AUSTRALASIA PTY LTD

CENTURION HERBICIDE PROTERRA PTY LTD

TRADITIONAL KNOWLEDGE (TK)

The knowledge continually developed, acquired, used, practiced, transmitted and sustained by communities / individuals through generations is called Traditional Knowledge (TK).

In India traditional knowledge including existing oral knowledge cannot be protected under the provisions of the existing IPR laws / acts, as mentioned herein above.

BIO-PIRACY OF TRADITIONAL KNOWLEDGE

The commercial exploitation or monopolization of biological

or genetic

material, as medicinal plant extracts, usually without

compensating the

indigenous peoples or countries from which the material

or relevant knowledge is obtained.

BIO-PIRACY OF TRADITIONAL KNOWLEDGE

The commercial exploitation or monopolization of biologica

l material, as medicinal plant extracts, usually without

compensating the indigenous peoples or countries from

which the material or relevant knowledge is obtained

BASMATI CASE STUDY

In late 1997, an American company RiceTec Inc, was granted a patent by the US patent office to call the aromatic rice grown outside India 'Basmati'.

RiceTec Inc, had been trying to enter the international Basmati market with brands like 'Kasmati' and 'Texmati' described as Basmati-type rice with minimal success.

Contd…

However, with the Basmati patent rights, RiceTec will now be able to not only call its aromatic rice Basmati within the US, but also label it Basmati for its exports.

India and Pakistan will not only lose out on the 45,000 tonne US import market, which forms 10 percent of the total Basmati exports.

Contd…

In addition, the patent on

Basmati is believed to be

a violation of the

fundamental fact that the

long grain aromatic rice

grown only in Punjab,

Haryana, and Uttar

Pradesh is called

Basmati.."

Contd…

According to Dr Vandana Shiva, director of a Delhi-based research foundation which monitors issues involving patents and biopiracy, claims the "theft involved in the Basmati patent is, therefore, threefold:

- a theft of collective intellectual and biodiversity heritage on Indian farmers,

- a theft from Indian traders and exporters whose markets are being stolen by RiceTec Inc., and ,

- a deception of consumers since RiceTec is using a stolen name Basmati for rice which is derived from Indian rice but not grown in India, and hence not the same quality."

TURMERIC CASE STUDY

An U.S. patent

(no.5,401,504) on turmeric

was awarded to the

University of Mississippi

Medical Centre, in May

1995, specifically for the

“Use of turmeric in wound

healing.”

Awaken to Intellectual property right

The patent was promptly

challenged by Dr. R. A.

Mashelkar, as Indian scientist

who has done much to

awaken India to intellectual

property rights issues.

Director general of Council of Scientific

and Industrial Research (CSIR)

(1995-2006)

•In India where turmeric has been used medicinally for

thousands of years, concerns grew about the

economically and socially damaging impact of this legal

bio-piracy.

•CSIR argues that turmeric has been used for thousands

of years for healing wounds and rashes and thus its

medicinal use was not a novel invention.

•Their claim was supported by the documentary evidence

of traditional knowledge, including ancient Sanskrit text

and paper published in 1953 in the Journal of Indian

Medical Association.

TURMERIC CASE STUDY

US patent 5401504 granted : May 1995

CSIR request for re-examination at USPTO : October 1996

1st office action rejecting all patent claims : March 1997

Response by patentee

Second action report

Patentee’s interview with examiner

Re-examination certificate issued and

proceedings concluded in favor of CSIR : April 1998

NEEM CASE STUDY

For centuries the Western world ignored the neem tree and itsproperties: the practices of Indian peasants and doctors were notdeemed worthy of attention by the majority of British, French andPortuguese colonialists.

In 1971, US timber importer Robert Larson observed the tree'susefulness in India and began importing neem seed to his companyheadquarters in Wisconsin.

Over the next decade he conducted safety and performance tests upona pesticidal neem extract called Margosan-O and in 1985 receivedclearance for the product from the US Environmental ProtectionAgency (EPA).

Three years later he sold the patent for the product to themultinational chemical corporation, W R Grace and Co.

Since 1985, over a dozen US patents have been taken outby US and Japanese firms on formulae for stable neem-based solutions and emulsions and even for a neem-based toothpaste.

In 1992, W.R. Grace secured its rights to the formula thatused the emulsion from the Neem tree's seeds to make apowerful pesticide.

It also began suing Indian companies for making theemulsion.

THE NEEM CAMPAIGN

The Neem Campaign consisting of a group of NGOsand individuals, was initiated in 1993 in India.

This was done to mobilize worldwide support toprotect indigenous knowledge systems and resourcesof the Third World from piracy by the West,particularly in light of emerging threats fromintellectual property rights regimes under WTO andTRIPS.

The Neem patent became the first case to challengeEuropean and US patents on grounds of biopiracy.

NEEM CASE JUDGEMENT

On the 30th September 1997, the European Patent Office (EPO)delivered a favourable interim judgement on the challenge of aEuropean patent on the fungicidal effects of neem oil (Patent No.436 257 B1) owned by W. R. Grace & Co

The European Patents Office accepted the arguments offered byIndian scientists and rejected the order of the US patents officeto award the patent to W R Grace, a US-based company, at thelast hearing of the case.

The Indian scientists argued that the people of India have knownthe medicinal properties of neem for thousands of years andhence no other company can patent its properties. The EPOaccepted the argument.

PLANT VARIETY PROTECTION OR PLANT BREEDERS’ RIGHTS

Rights granted to the breeder of a new variety of plant.

These laws typically grant the plant breeder control of the propagating material (including seed, cuttings, divisions, tissue culture) and harvested material (cut flowers, fruit, foliage) of a new variety for a number of years.

International Rights

International Convention for the Protection of New Varieties of Plants (UPOV Convention).

Purpose of the Convention was to ensure that the member states party to the Convention acknowledge the achievements of breeders of new plant varieties by making available to them an exclusive property right, on the basis of a set of uniform and clearly defined principles.

The main objectives of the PVP Act are

• To recognize and protect the rights of farmers for their contribution made at any time in conserving, improving and making available plant genetic resources for the development of new plant varieties.

• To encourage the development of new varieties of plants for accelerated agricultural development.

• To accelerate the agricultural development in the country and protect Plant Breeders Rights (PBR) and to stimulate investment in research and development (R&D) both in public and private sector, for breeding new plant varieties.

• To facilitate the growth of the seed industry, which will ensure the availability of good quality seed and plant material to the farmers.

Registration of all the plant varieties

It is Mandatory.Time period. ( 15-18 years).

Type of varieties that can be registered

New Varieties Farmers’ VarietiesExtant Varieties

Persons eligible for Registration of plant varieties

Breeders, Farmers, Universities, Agricultural Institutes

Rights of BreedersProduction,Sale,Marketing,Distribution,Export & Import

Farmers Rights• To save, use, sow, re-sow, exchange, share or sell his farm produce including seed in the same manner as he was entitled earlier (Seeds for sale should not be branded) • To full disclosure of the expected performance of the Seeds or planting material by the plant breeder.

Researchers RightsFree and complete access to protected materials for research use in developing new varieties of plants.

GEOGRAPHICAL INDICATIONS(GI)

It is a name or sign used on certain products which corresponds to a specific geographical location or origin (e.g. a town, region, or country).

Geographical Indications are intended to designate product quality, highlight brand identity, and preserve cultural traditions

NECESSITY OF GI

Geographical indications allows producers to obtain market recognition and often a premium price.

Geographical indications have become a key source to have nice marketing.

Geographical indications are also often associated with non-monetary benefits such as the protection of knowledge and community rights.

GI IN INDIA

India, as a member of the World Trade Organization(WTO), enacted the Geographical Indications ofGoods (Registration & Protection)Act, 1999 has comeinto force with effect from 15th September 2003.

The Central Government of India has established the Geographical Indications Registry with all India jurisdiction in Chennai.

The GI Act is being administered by the ControllerGeneral of Patents, Designs and Trade Marks ‐ who is

the Registrar of Geographical Indications.

CONDITIONS TO GET GI

It relates to a good although, in some countries, services are also included.

These goods/services must originate from a defined area.

The goods/services must have qualities, reputations or other characteristics which are clearly linked to the geographical origin of goods.

GI REGISTRATION PROCESS IN INDIA

EXAMPLES OF GEOGRAPHICAL INDICATIONS

Darjeeling Tea

Nagpur Orange

Kanchipuram Silk Saree

Tripura Queen Pineapple

Navara Rice

Alphanso Mango

Basmati Rice

TRADEMARK

A trade mark (popularly known asbrand name) in layman’s language isa visual symbol which may be aword signature, name, device, label,numerals or combination of coloursused by one undertaking on goodsor services or other articles ofcommerce to distinguish it fromother similar goods or servicesoriginating from a differentundertaking.

ESSENTIAL FEATURES It should be distinctive

TM should preferably be an invented word. Eg: ZEN

It should be easy to pronounce and remember if it is word mark.

In case of a device mark -should be capable of being described

by a single word.

It was be easy to spell correctly and write legibly.

It should not be descriptive.

It should be short.

It should not belong to the class of marks prohibited for

registration.

It should satisfy the requirements of registration.

A trademark may be designated by the following symbols:

(for an Unregistered Trademark, that is, a

mark used to promote or brand goods)

(for an unregistered Service mark, that is, a

mark used to promote or brand services)

(for a registered trademark)

TRADEMARK

•According to Section 2 (zb) of the Trade Marks

Act, 1999, “trade mark means a mark capable of

being represented graphically and which is capable

of distinguishing the goods or services of one

person from those of others and may include shape

of goods, their packaging and combination of

colours.”

• A mark can include a device, brand, heading,

label, ticket, name, signature, word, letter, numeral,

shape of goods, packaging or combination of

colours or any such combinations.

TRADEMARK REGISTRATIONWHAT ARE THE TYPES OF TRADEMARKS THAT CAN BE REGISTERED ?

Under the Indian trademark law the following are the types of trademarks that

can be registered:

Product trademarks: are those that are affixed to identify goods.

Service trademarks: are used to identify the services of an entity, such as

the trademark for a broadcasting service, retails outlet, etc. They are used in

advertising for services.

Certification trademarks: are those that are capable of distinguishing the

goods or services in connection with which it is used in the course of trade

and which are certified by the proprietor with regard to their origin,

material, the method of manufacture, the quality or other specific features

Collective trademarks: are registered in the name of groups, associations

or other organizations for the use of members of the group in their

commercial activities to indicate their membership of the group.

ADVANTAGES OF TRADEMARK REGISTRATION

1. Protects your hard earned goodwill in the business

2. Protects your Name / Brand Name from being used in a same or similar fashion, by any other business firm, thus discourages others from cashing on your well built goodwill

3. Gives your products a status of Branded Goods.

4. Gives an impression to your customers that the company is selling some standard Products or Services

5. The exclusive right to the use of the trade mark in relation to the goods or services in respect of which the trade mark is registered.

6. To obtain relief in respect of infringement (misuse by others) of the trade mark.

7. Power to assign (transfer) the trade mark to others for consideration.

TRADEMARK INFRINGEMENTEXAMPLE CASE

Amul won trademark case in Gujarat HC in 2007

It was conclueded that Utterly Butterly Delicious Amul's name cannot be used by any other proprietor even if the company is selling goods other than that sold by the proprietor, who has registered the trademark. In a significant judgment, the Gujarat High Court has ruled that a registered trademark user has the right to restrict others using their trademark for different class or goods.

HC's judgment was in connection with a case where the Kaira District Co-operative Milk Producers' Union popularly Amul Dairy and the Gujarat Co-operative Milk Marketing Federation (GCMMF) had filed trademark infringement cases against two local shop owners, Amul Chasmaghar and Amul Cut Piece Stores in the district court. While Kaira Union owns brand Amul, GCMMF manages the brand.

It was on April 25, in 2007 year that the district court had passed an order that it was a clear case of infringement and restrained the two from using Amul trademark. Amul Chasmaghar however had challenged the district court's interim injunction in the HC, where justice D N Patel upheld ruling of the district court.

COPYRIGHT

HISTORY

Copyright law entered India in 1847 through an enactment during the East India Company's regime. According to the 1847 enactment, the term of copyright was for the lifetime of the author plus seven years post-mortem. But in no case could the total term of copyright exceed a period of forty-two years. The government could grant a compulsory licence to publish a book if the owner of copyright, upon the death of the author, refused to allow its publication.

A copyright is an author’s legal ownership of acreative work. Examples of such creative works include a writing, a pictorial work, a three dimensional sculptural work, a musical composition.

COPYRIGHT

WHAT IS PROTECTED BY COPYRIGHT?

"Original works of authorship fixed in any tangible medium of

expression, now known or later developed, from which they

can be perceived, reproduced, or otherwise communicated,

either directly or with the aid of a machine or device”.

CONDITIONS FOR COPYRIGHT

Must be original work: Authorship must be original and cannot simply be copied or reproduced from another author.

Must be fixed in a tangible medium: Cannot reside in the author's mind, but must be transferred from the author’s mind onto a fixed tangible medium, such as a writing, a sculpture, a musical work, etc.

NOT PROTECTED BY COPYRIGHT

Ideas are not protected:

including concepts, methods of operation, businesssystems, processes, procedures, discoveries and naturallaws.

Facts and research results

Work without original authorship

Facts or discoveries

Government works created by the government.

These are not proper for copyright protection, but rathershould be protected via the patent system.

PROTECTABLE WORKS

Blueprints

Sound recordings

Architectural works

Fictitious characters

Compilations

Derivative works

RIGHTS UNDER COPYRIGHT LAW

1) to reproduce or copy the work;

2) to prepare derivative works;

3) to distribute copies to the public;

4) to perform in public (such as for a play, a musical composition);

5) the right to display the work in public

INDUSTRIAL DESIGNS In a legal sense, an industrial

design constitutes the ornamental or aesthetic aspect of an article.

An industrial design may consist of three dimensional features, such as the shape of an article, or two dimensional features, such as patterns, lines or color.

WHAT IS A REGISTRABLE INDUSTRIAL DESIGN?

To be registrable an industrial design must be new at the date an application for its registration is filed. A design is considered to be new only if it has not been made available or disclosed to the public in any way whatsoever in Malaysia or elsewhere before the filing date of the application and it is not on the record the Register of Industrial Designs.

WHAT SORT OF DESIGNS ARE EXCLUDED FROM REGISTRATION

The designs of certain types of article are specifically excluded from design registration. An industrial design is not registrable if: the aesthetic appearance of an articles is not significant or the design features differs only in immaterial details;

it is a method or principle of construction;

the designs are contrary to public order or morality;

the designs of the articles concern exclusively with how an article functions; and

the designs of articles that are integral parts of other articles and whose features are dependent upon the appearance of other article.

HOW TO FILE AN APPLICATION FOR THE REGISTRATION OF AN INDUSTRIAL DESIGN?

Filing an application to register a design requires:-

A completed application form (ID Form 1) in Malay or English;

One copy of representation of the article to which the design is applied (drawings or photograph);

A statement of novelty in respect of the industrial designs to which the design is applied. (However a statement of novelty is not required when registering wallpaper, lace or textile articles); and

Payment in full of the appropriate filing fee

CONCLUSION