Evolution Of IPR

Slides are about the evolution of Intellectual Property rights and role of IP in current scenario.

1. Evolution Evolution
of of
Intellectual Property RightsIntellectual Property Rights
Lalit Ambastha
Director, Patentwire

2. IPR: At a Glance
Patent Trademark Copyright
Geographical Indication Trade SecretIndustrial Design

3. Historical Background: Ancient Times
Continued…
 Signatures on Paintings & Creations
 Substantial and Identifiable Patterns & particularity in Architectures, Paintings,
Jewellery, Dresses etc.

 Rewards and monopolies granted by Emperors
 Stamping of Jewelers’ Initials on Jewellery made by them (Still followed by local Jewelers)
 Concept of Copyright came only after invention of Printing Press.

4.  Modern patents originated in Europe where European sovereigns commonly awarded
"letters patent" to favored inventors.
 The first U.S. patent laws were enacted by Congress in 1790 as part of the Constitution.
 The first patent was granted by the Massachusetts General Court to Samuel Winslow in 1641
for a novel method of making salt.
 George Washington signed the First United States Patent Grant on July 31, 1790.
 Patent system in India was first introduced by British Government in 1856.
 The Indian Patents and Designs Act, 1911, (2 of 1911) first enacted under the management of
Controller of Patents with a patent term of 14 years.
 The Patents Act (39 of 1970) came into force on 20th April 1972 .
 Initially, the Patent Act, 1970, provided a term of 7 years for pharmaceutical, agro chemical
and food products and 16 years for other categories.
Historical Background: Modern Times

5. Current IP Laws in India
Copyright
Copyright Act of 1957
Customs
Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007
Designs
The Designs Act, 2000
The Design (Amendment) Rules, 2008
Geographical Indications
Geographical Indications of Goods (Registration and Protection) Act, 1999
Geographical Indications of Goods (Registration and Protection) Rules, 2002
Information Technology
The Information Technology Act, 2000
The Information Technology Rules, 2000
Cyber Regulations Appellate Tribunal (Procedure) Rules, 2000
Patents
The Patents Act, 1970
The Patents (Amendment) Act, 2005
The Patents Rules, 2003
The Patents (Amendment) Rules, 2006
Plant
Plant Varieties Protection and Farmers' Rights Act, 2001
Semiconductor and Integrated Circuits
Semiconductor Integrated Circuits Layout Design Act 2000
Rules for the Semiconductor Integrated Circuits Layout Design Act 2000
Trademarks
The Trade Marks Act, 1999
The Trade Marks Rules, 2002

6. Berne Convention (Literary and Artistic Works)
w.e.f. April 1, 1928
Geneva Convention (Unauthorized Duplication of Phonograms)
w.e.f. February 12, 1975.
World Intellectual Property Organization (WIPO)
w.e.f. May 1, 1975
Nairobi Treaty (Olympic Symbol)
w.e.f. October 19, 1983
Convention on Biological Diversity
w.e.f. February 18, 1994
World Trade Organization (WTO) Member and Signatory to TRIPS Agreement
w.e.f. January 1, 1995
Paris Convention
w.e.f. December 7, 1998
Patent Cooperation Treaty (PCT)
w.e.f. December 7, 1998
Budapest Treaty (for deposition of microorganisms)
w.e.f. from December 17, 2001
India – Convention and Treaty

7. Salient Features: Indian Patent System
Novelty: Invention would not be considered novel if it is used or published in India or elsewhere before the date
of filing/priority.
Term: The term of every patent granted is 20 years from date of filing.
Publication: Except where an early request for publication has been made, every patent will be published just
after 18 months from the date of filing/priority and will be open for public on payment of fee prescribed.
Opposition: Provision of Pre-grant and Post-grant opposition has been introduced, where a pre-grant opposition
can be filed by any person before the grant of patent, a post-grant opposition can be filed by any interested
person after the grant of patent but before the expiry of 1 year.
Revocation: A patent can be challenged and revoked anytime after the grant of patent on a petition of any
interested person or Central Government by the Appellate Board or on a counter-claim in a suit for infringement
of the patent by the High Court.
Compulsory license can be granted to any interested person after the expiration of 3 years from the date of grant
for non-working, unreasonable price and fail to fulfill the demand of patented invention.
Intellectual Property Appellate Board (IPAB) has now been constituted to hear appeals against the decisions of
the Controller under the Patents Act, 1970.
India is now recognized as an International Searching Authority (ISA) and an International Preliminary Examining
Authority (IPEA).
E-filing: Facility for e-filing of for patent and trademark has been launched.

8. IPR-Statistical Review
12613
2469
17466
1911
24505
4320
28940
7539
35218
15261
0 5000 10000150002000025000300003500040000
NumberofApplications
2003-04
2004-05
2005-06
2006-07
2007-08
Y
e
a
r
PATENTS
Granted
Filed
Source: IPO

9. IPR-Statistical Review
3357
2547
4017
3728
4949
4175
5521
4250
6402
4928
0 1000 2000 3000 4000 5000 6000 7000
Numberof Applications
2003-04
2004-05
2005-06
2006-07
2007-08
Y
e
a
r
DESIGNS
Registered
Filed
Source: IPO

10. 92225
39762
78996
45015
85699
184325
103419
109361
123514
100857
0 50000 100000 150000 200000
NumberofApplications
2003-04
2004-05
2005-06
2006-07
2007-08
Y
e
a
r
TRADEMARKS
Registered
Filed
IPR-Statistical Review
Source: IPO

11. GEOGRAPHICALINDICATIONS
0
11
19
3
61
0 10 20 30 40 50 60 70
2003-04
2004-05
2005-06
2006-07
2007-08
Y
e
a
r
Registered
IPR-Statistical Review
Source: IPO

12. Patents- Sector wise Analysis
In Year 2007-08, the most active sector were Chemicals, Food and Drugs (31 percent), followed by
Computer, Electrical and Electronics (20 percent), and Mechanical (18 percent).
Chemical
18%
Drug & Food
13%
Electrical
6%
Mechanical
18%
Computer
14%
Biotech
5%
Others
26%
Source: IPO

13. World Statistical Review
 In 2007, about 59.2% of world patent filings were filed in these three countries alone.
 Residents of Japan and the United States own approximately 47% of the 6.3 million patents in force across
the world.
 In 2007, around 3.3 million trademark applications were filed across the world.
 In 2007, 20.6% and 9.2% of total trademark applications worldwide were filed at the IP offices of China and
the United States of America (US), respectively.
 The IP office of Brazil was largely responsible for the increase in the growth of trademark registrations in
2007.
 The total number of applications for industrial designs is estimated at around 621,000 in 2007.
 The IP office of China accounted for 43.1% of total industrial design applications in 2007.
China
United States
Japan
Strong
GDP & R&D
Major
Patent Filers
Source: WIPO

14.  The number of patent applications filed through the Patent Cooperation Treaty (PCT) in 2008 was
approximately 163,600.
 A Chinese company (Huawei Technology) topped the list of applicants with the highest number of PCT
filings.
 Panasonic Corporation (Japan) and Philips (Netherlands) were ranked second and third.
 US Universities dominated the list of top PCT applicants for the university sector. The University of
California filed 345 PCT applications.
 Tokyo, Seoul National, Imperial College and Osaka are the four non-US universities in the top 20 list.
 The Republic of Korea has the highest resident patent filings to R&D ratio, followed by Japan, Belarus
and China.
 Belgium, Mexico and Singapore have a low resident patent filings to R&D ratio.
 China, Germany, Japan, the Republic of Korea and the US accounted for around 70% of world R&D
expenditure, and these countries are the top five ranked countries for resident patent filings.
PCT: World Statistical Review
Source: WIPO

15. Comparison: India Vs China
210490
828328
245161
352182894024505
0
100000
200000
300000
400000
500000
600000
700000
800000
900000
2006 2007 2008
China
India
Reason
 Domestic applicants file actively in China: 62 percent in China whereas 20 percent in India;
 Bigger Economy in China in comparison to India;
 Better Infrastructure for Patent filing in China;
 Better IP awareness among the individuals and Universities;
 Easy to get a grant in China;
 Better enforcement of IP Laws in China.

16. Academia: Requirements & Challenges
 IP Awareness
 IP Knowledge: Realizing Ground Realities
 Counseling of Scientists/Scholars/Students
 Pre-Publication Screening Gateway
 IP Policy: Confidentiality and Contract
 Agreements
 IP Coordinator
 IP Management Cell

17. Thank You
Thank You…Thank You…
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