FUNDAMENTALS OF PATENT AND COPY RIGHT.pptx

Patents
Patent is an exclusive ownership right granted by a country to the owner of an invention for a limited period of time, provided the invention satisfies certain conditions stipulated in the law.
Letters Patent (a kind of certificate) name of an instrument granted by the government to convey a right to the patentee. It is issued to the owner of the invention by the patent office of the country conferring this right.
Exclusivity of right implies that no one else can make, use, manufacture or market the invention without the consent of the patent holder.
A patent in the law is a property right and hence, it can be gifted, inherited, assigned, sold or licensed. The right is conferred by the State and it can be revoked by the state under very special circumstances for the benefit of public even if the patent has been sold or licensed or manufactured or marketed in the mean time. The patent right is territorial in nature i.e., a patent granted in India can only be enforced in India.
Disclosure of an invention is a legal requirement for obtaining a patent. The patentee must disclose the invention in a patent document for people to practice it after the expiry of the term of patent or after the patent has lapsed due to nonpayment of maintenance fee or practice it with the consent of the patent holder during the life of the patent.
Patent system in India
1856: The first legislation in India relating to patents was the Act VI of 1856. The objective of this legislation was to encourage inventions of new and useful manufactures and to induce inventors to disclose secret of their inventions.
1859: Fresh legislation for granting ‘exclusive privileges’ was introduced as Act XV of 1859. This legislation contained certain modifications of the earlier legislation. This Act excluded importers from the definition of inventor.
1872: “The Patents and Designs Protection Act” was enacted.
1883: The protection of invention was created
1888: The Act was consolidated as the Inventions and Design Act
1911: The Indian Patents and Designs Act was created
1972: The Patents Act, 1970 came into force on 20th April, 1972. Later amended in 1999, 2002,
2005, 2006, 2012, 2014 and 2016.

1. ACHARYA N.G RANGA AGRICULTURAL UNIVERSITY Submitted by :- P.TEJASREE TAD/2023-10 Ph.D 1 st Year Dept of GPBR DEPARTMENT OF GENETICS AND PLANT BREEDING Course No :- GP-609 Course Title :- IPR AND REGULATORY MECHANISM Assignment On :- Fundamentals of patents and copyrights Submitted to :- Dr. M. Shanthi Priya Professor & Head Dept of GPBR 1 S.V AGRICULTURAL COLLEGE, TIRUPATHI

2. Patent is an exclusive ownership right granted by a country to the owner of an invention for a limited period of time, provided the invention satisfies certain conditions stipulated in the law. Letters Patent (a kind of certificate) name of an instrument granted by the government to convey a right to the patentee. It is issued to the owner of the invention by the patent office of the country conferring this right. The patent right is territorial in nature i.e., a patent granted in India can only be enforced in India. Disclosure of an invention is a legal requirement for obtaining a patent

3. https://www.ipindia.gov.in/history-of-indian-patent-system.htm History of Indian Patent System

4. Patent act, 1970 It contains 163 sections divided under 23 chapters

5. https://www.ipindia.gov.in/jurisdiction-of-patent-offices.htm

6. An invention is considered new or novel if it is not known to the public through publication or prior use anywhere in the world it should not be a part of the existing global state of the art (information appearing in magazines, technical journals, books, newspapers, published patents etc., constitute the state of the art The date of patent is the date of filing the application for patent (provisional or complete) and the term of patent is 20 years from the date of filing for all types of inventions. A patent has to be maintained by paying the maintenance fees every year. If maintenance fee is not paid the patent will cease to remain in force and the invention becomes open to public. Now anyone can utilize the invention without the danger of infringing the patent. According to patent act 1970 P roducts or process shall be patentable if they satisfy the following three conditions – Novelty Inventiveness 3. Usefulness

7. Patentable inventions under the Patent Act, 1970 are Art, process, method or manner of manufacture Machine, apparatus or other article, substances produced by manufacture, which include any new and useful improvement of any of them and alleged invention P atents are of two types Process patent : A process patent is a form of utility patent that covers methods of changing the functionality or characteristics of a material during a particular use. Process patent reduces the element of monopoly. Process patent system is preferred by the developing world Product patent :  it is an exclusive right given to the original inventor of a product. This means that no other manufacturer can provide the same product through the same or any other process. Product patent system gives higher level of protection to the inventor. The developed countries follow product patent system.

8. Patent specification These are essential documents to be submitted by Potential Patentee. There are two types of patent documents usually known as patent specification. Provisional specification : It is usually filed to establish priority of the invention in case the disclosed invention is only at an early stage and a delay is expected in giving final shape to the invention. No patent is granted on the basis of a provisional specification. It has to be followed by a complete specification for obtaining a patent. Complete specification : Submission of complete specification is necessary to obtain a patent. If an application is filed with provisional specification then complete specification must be submitted within 12 months of filing the provisional specification. This period is non-extendible.

9. Term of Patent in Indian system: 7 yrs from the date of filing of complete specification claiming the method or process of manufacture of a substance, where the substance is intended or capable of being used as a drug, machine or food. 20 yrs from the date of patent in respect of any other patentable invention. Patent opposition and revocation Indian Patents Act, 1970 provides for pre-grant and post-grant opposition. Pre-grant opposition can be filed after the publication of patent application and before the grant of patent. Post grant opposition can be filed within one year of the grant of the patent. Revocation of patent in cases relating to atomic energy. Revocation of patent in public interest. Revocation of patents by the Controller for non-working.

10. Infringement Examples of an IP infringement are “counterfeiting” and “piracy." Counterfeiting is the practice of imitating genuine goods, often to inferior quality, with the intent to take advantage of the superior value of the imitated product. Piracy is an unauthorized copying, use, reproduction and/or distribution of materials protected by intellectual property rights. Compulsory licensing At any time after the expiry of three years from the date of the grant of a patent, any person interested may make an application to the Controller for grant of compulsory license Patent Co-operation Treaty (PCT) PCT provides a unified procedure for filing  patent applications to protect  inventions  in each of its contracting states. Through PCT, an inventor of a member country (contracting state) of PCT can simultaneously obtain priority for his/her invention in all the member countries, without filing a separate application in those countries just by filing PCT application which is popularly known as International Application

11. Patent search and patent database Patent search is a search of the patent database to determine if there are any patent applications similar or identical to an invention that is to be patented. Patent search can be done to improve the chances of obtaining a  patent registration  or to find information about new inventions that have patent protection :  http://ipindiaservices.gov.in/publicsearch .

12. https://ipindia.gov.in/writereaddata/Portal/ev/schedules/Schedule_1.pdf Forms for patent

13. It is the set of exclusive rights granted to the author or creator of an original work, including the right to copy, distribute and adapt the work It includes literary and artistic works such as novels, poem and plays, films musical works, artistic works such as drawing, paintings, photographs and sculptures and architectural designs. 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. Copyright

14. https://copyright.gov.in/frmFeeDetailsShow.aspx

15. https://copyright.gov.in/frmformsDownload.aspx

16. Copyright Act, 1957 In India, The Copyright Act, 1957 governs the law on copyright. History of Copyright Law in India

17. Duration/Term of Copyright Registration Original literary, Dramatic, Musical and Artistic works   60 years   Cinematograph films, Sound recordings, Photographs, Posthumous, Anonymous Works, Works of Government and Organizations and publications   60 years   Broadcast reproduction right   25 years   Performers right   25 years   Protectable works under copyright A literary or dramatic work ( Novels, Books, Computer programmers and Song lyrics etc.,) A musical work An artistic work (Painting and Drawing) A cinematograph film (Movies) A sound recording (Phonogram and CD-ROM) A photograph Conditions for filing a copyright application For Artistic Works, upload in pdf/jpg format. For Sound Recording Works, upload in mp3 format. For Literary/Dramatic, Music, and Software* Works, upload in pdf format, ensuring the file size is less than 10 MB. For Software, upload a PDF containing at least the first ten and last ten pages of the source code, or the entire source code if under 20 pages, with no redacted or blocked-out sections.

18. Submission of Application  An application containing all the necessary particulars and a statement of the particulars must be prepared in the prescribed format (FORM XIV). After logging in, click the “Click for Online Copyright Registration” link. The online “Copyright Registration Form” requires completion in four steps: Fill out Form XIV, then click “SAVE” to save your entered details, and proceed to Step 2 Prepare a scanned copy of your signature for uploading. Complete the “Statement of Particulars” and click “SAVE” to save your entered details. Fill out the “Statement of Further Particulars. This form applies to “LITERARY/DRAMATIC, MUSICAL, ARTISTIC, AND SOFTWARE” works. Click “SAVE” to store your entered details and proceed. Make Payment: This application and the requisite fees outlined in Schedule 2 of the Copyright Act are then forwarded to the copyright registrar. Use the Internet Payment Gateway to make the required payment. It’s important to note that a separate application is necessary for each distinct work. Additionally, the applicant and an Advocate holding a Vakalatnama or a Power of Attorney (POA) must sign every application.

19. Dairy Number Issuance Upon receiving the application, the registrar will issue a Dairy Number, marking the initiation of the copyright registration process. Subsequently, there is a mandatory 30-day waiting period for any potential objections to be submitted. Finally, print one hard copy of each of the “Acknowledgement Slip” and the “Copyright Registration Form” and send them by post to the following address: Copyright Division  Department For Promotion of Industry and Internal Trade  Ministry of Commerce and Industry   Boudhik Sampada Bhawan,  Plot No. 32, Sector 14, Dwarka, New Delhi-110078  Email Address: copyright[at] nic [dot]in  Telephone No.: 011-28032496

20. Copy Right Objection Handling If no objections are raised within 30 days, a scrutinizer will assess the application for any discrepancies. If no differences are found, the registration will proceed, and an extract will be provided to the registrar for entry into the Register of Copyright. Objection Resolution If objections are received, both parties will receive a notification from the examiner outlining the objections. A hearing will be arranged to address these objections. Application Scrutiny Following the hearing and the resolution of objections, the scrutinizer will meticulously review the application if applicable. Subsequently, they will either approve or reject the application, depending on the specific circumstances. Copyright Registration Certificate Once the application is approved, the relevant authority will issue the copyright registration certificate. In the usual course of events, the entire process typically takes approximately 2 to 3 months to complete.

21. Rights in copyrights Statutory rights Negative right Multiple rights Economic rights Moral rights Copyright infringements Making infringing copies for sale or hire or selling or letting them for hire Permitting any place for the performance of works in public where such performance constitutes infringement of copyright Distributing infringing copies for the purpose of trade or to such an extent so as to affect prejudicially the interest of the owner of copyright Public exhibition of infringing copies by way of trade

22. Machinery & process of manufacturing of cane jaggery in crystal form Mechanized jaggery granulator for preparing jaggery granules Process of pneumatic pressure paddy parboiling

23. Power operated floating paddy harvester Hand held wiper device for weedy rice control

24. Copyrights

25. The Bridge of San Luis Rey  by Thornton Wilder Men Without Women  by Ernest Hemingway Aspects of the Novel  by E.M. Forester The Colour Out of Space  by H.P. Lovecraft Twilight Sleep  by Edith Wharton Mosquitoes  by William Faulkner Public domain

26. In the wake of the Pepsico -Gujarat farmers controversy, legal experts emphasise that there are no laws in India that allows for patenting plants. The food giant had filed cases against nine potato farmers in Gujarat for infringement on a variety of potato registered by Pepsico . The cases were formally withdrawn.

27. 19 March 2021 / The Technical Board of Appeal at the European Patent Office (EPO) has confirmed the revocation of a patent on melons held by Monsanto (EP1962578). In the patent, Monsanto claims melons with a natural resistance to plant viruses as an ‘invention’; the melons were derived from conventional breeding and not genetically engineered. The resistance was originally detected in Indian melons. This patent was granted by the European Patent Office (EPO) in 2011, even though European patent law does not allow patents on plant varieties or conventional breeding processes.

28. The Dutch Ministry of Agriculture has hosted a symposium on patents and plant breeders’ rights. This comes in the context of a new resolution by the  European Parliament calling for a ban on the patenting of products obtained by conventional breeding techniques ; a groundswell of opposition to a  patent requested by Syngenta for a conventionally bred tomato

29. YRF vs Sri Sai Ganesh Productions In this case, YRF filed a copyright infringement suit against Sri Sai Ganesh Productions on the grounds that it copied their movie ‘ Band Baaja Baaraat ’ and produced ‘ Jabardasht ’ movie which had substantial and material similarities in terms of concept, theme, character, plot, story, script and expression amongst other things.  Bata India Ltd vs. Pyare Lal & Anr . (1985) In this case, Bata India Ltd filed a lawsuit against Pyare Lal & Anr . for copying its design of shoes . Delhi Public School Society vs. D.A.V. Public School (2019) In this case, the Delhi Public School Society sued D.A.V. Public School for infringing on its copyright by using its logo and name without permission. RG Anand v. Deluxe Films: In this case, RG Anand, the author of the novel ' Guide ', sued Deluxe Films for infringing on the copyright of the novel by making and distributing a film based on the novel without his permission. University of Oxford v. Rameshwari Photocopy Service: In this case, the University of Oxford sued Rameshwari Photocopy Service for infringing on the copyright of its textbooks by photocopying and selling them without permission.  Copyright Infringement Cases

30. https://copyright.gov.in/Documents/18-8 2020_Achievements%20of%20%20CGPDTM%20during%202014-15%20to%202019-2020%20and%20Impact%20of%20steps%20taken.pdf