INDIAN AND INTERNATIONAL AGENCIES FOR IPR & PATENTING.pptx

National and international agencies for IPR and Patenting.

1. NATIONAL AND INTERNATIONAL AGENCIES FOR IPR & PATENTING KESSIYA T PETER MSc MICROBIOLOGY DEPT OF BIOSCIENCE IGCAS, KOTHAMANGALAM

2. INTRODUCTION Intellectual property rights and patenting are the essential components of the global economy, fostering innovations and protecting creator’s interests. Various organizations at both national and international level plays a vital role on copyrights, patents and other intellectual property law concepts. The major objectives of such organizations are: To grant patents to inventors to protect their inventions. Facilitate innovation by providing a legal framework for patenting. Resolves disputes and appeals related to patent and trademark registration. Formulate policies that promote innovation and IPR protection. Enhance public awareness on IPR and patenting.

3. AGENCIES FOR IPR AND PATENTING INDIAN INTERNATIONAL Controller General of Patents , Designs and trademarks (CGPDTM) World Intellectual Property Organization (WIPO) Intellectual Property Appellate Board(IPAB) World Trade organization (WTO) National Intellectual Property rights (IPR) Policy (Under DPIIT) International trademark Association (INTA) Department for Promotion of Industry and Internal Trade (DPIIT) European Patent Office(EPO) United States Patent and Trademark Office (USPTO) United international Bureaux For the Protection of Intellectual Property (BIRPI) International Intellectual Property Alliance African Regional Intellectual Property Organization (ARIPO) Eurasian Patent Organization (EAPO)

4. 1. CONTROLLER GENERAL OF PATENTS, DESIGNS AND TRADEMARKS (CGPDTM) The office of the Controller General of Patents, Designs and Trademarks (CGPDTM) generally known as the Indian Patent Office. It is an agency under the Department for the promotion of Industry and Internal Trade which administers the Indian law of patents, designs and trademarks. Headquarters in Mumbai It was founded on 28 February 1856 and the first invention granted was for an “Efficient Punakah Pulling Machine” invented by George Alfred Depenning on 2 September The CGPDTM reports to the Department for promotion of Industry and have five main administrative sections; Patent office Designs registry Trademarks registry Geographical indications registry Patent information system Rajiv Gandhi National Institute of Intellectual Property Management (NIIPM) website : https://ipindia.gov.in

5. 2. INTELLECTUAL PROPERTY APPELLATE BOARD (IPAB) Intellectual Property Appellate Board was constituted on 5 September 2003 with the intention of hearing and adjudicating appeals against the decisions of the registrar under the Indian Trademarks Act 1999 and Indian Geographical Indication of Goods Act 1999. The Intellectual Property Appellate Board has its headquarters at Chennai. The major purpose of this organization is to hear appeals against the decisions of the Registrar under the Trademark Act and Geographical Indications of Goods Act. All the appeals pending before the various High Courts are transferred to the IPAB Fresh rectification applications under the Patents Act 1970 will have to be filled before the IPAB.

6. 3. DEPARTMENT FOR PROMOTION OF INDUSTRY AND INTERNAL TRADE (DPIIT) The Department for the promotion of Industry and Internal Trade (DPIIT) is a central government department under the Ministry of Commerce and Industry in India. It was established on 1995 They are primarily responsible for the formulation and implementation of promotional and developmental measures for growth of the industrial sectors They are also responsible for intellectual property rights related to patents, designs, trademarks, copyrights, layout- designs of integrated circuits and geographical indication of goods and oversees the initiative relating to their promotion and protection.

7. 4. THE NATIONAL INTELLECTUAL PROPERTY RIGHTS(IPR) POLICY The National Intellectual Property Rights (IPR) Policy was established in 2016 by the Government of India to promote innovation and creativity. The major objectives of the IPR policy is: IPR awareness, outreach and promotion-awareness about the economic, social and cultural benefits of IPR among the society. Human capital development for teaching, research and skill building in IPR. Administration and management of innovations Commercialization of IPRs Replace existing outdated laws- have strong and effective IPR laws, which balance the interests of rights owners with large public interest

8. 5. WORLD INTELLECTUAL PROPERTY ORGANIZATION (WIPO) World intellectual Property Organization (WIPO) is one of the 15 specialized agencies in United Nations established to promote and protect intellectual property(IP) across the world by cooperating with countries as well as international organizations. It was established on 14 July 1967 and it has headquarters in Geneva, Switzerland. It administers various International treaties and agreements which are related to Intellectual Property. The major goals of WIPO: To encourage the protection of intellectual property around the world To ensure administrative cooperation between the intellectual property associations established by the treaties that the world intellectual property oversees. In addition to it WIPO engages in a number of activities to achieve these goals such as Normative activities, which encompasses the formation of international trees to create norms and standards for the protection and enforcement of intellectual property rights. Programme activities, involving legal and technical assistance to states in the area of intellectual property Trademark and industrial design registration as well as filing and registration services relating to foreign applications for patents on inventions. There are 26 treaties administrated under WIPO Berne Conventions Paris conventions Madrid protocol Phonograms convention Brussels convention Rome convention Washington treaty

9. 6. WORLD TRADE ORGANIZATION (WTO) World Trade organization (WTO) is an intergovernmental organization headquartered in Geneva, Switzerland that regulates and facilitates international trade. WTO was established on 1 January 1995 Governments use these organization to establish, revise and enforce the rules that govern international trade cooperation with the United Nations System. The major objectives of WTO is: Operates as a global system of trade rules Facilitates trade in goods, services and intellectual property among participating countries by providing framework negotiating trade agreements. Settles trade disputes between its members. Supports the needs of developing countries. To reduce tariffs and other barriers to trade. The major decisions are made by the WTO s member governments; either by ministers or by their ambassadors or delegates. Website : wto.org

10. 7.INTERNATIONAL TRADEMARK ASSOCIATION (INTA) The international trademark association is concerned with protecting trademarks and complementary intellectual property via advocacy work and offering educational programs and legal resources. It was originally known as the United States Trademark Association (USTA). Established in 1878 in New York city by 17 merchants and manufacturers to protect and promote the rights of trademark owners The association is nearly 6500 members organizations from 165 countries represent more than 3400 trademark professionals and include brand owners from major cooperations as well as small and medium-sized enterprises, law firms and nonprofits.

11. 8. EUROPEAN PATENT OFFICE (EPO) The European Patent Office (EPO) is an intergovernmental organization that administers the European patent system. It allows inventors and companies to obtain a European patent that is valid in multiple countries across Europe. The EPO has its headquarters in Munich, Germany, with additional offices in The Hague (Netherlands) and Vienna (Austria). The EPO provides a centralized application process, meaning that a single application can lead to patent protection in multiple European countries. The EPO conducts comprehensive searches for prior art and examines patent applications to determine whether it meet the necessary criteria for patentability, such as novelty, inventive step, and industrial applicability. There is a nine-month period during which third parties can file oppositions to challenge the validity of the patent after granting the patent, There are also procedures for appeals. The EPO works closely with other patent offices around the world and participates in international agreements, such as the Patent Cooperation Treaty (PCT). The EPO provides access to a wealth of patent data through its online databases, allowing researchers and businesses to explore existing patents and applications.

12. 9.UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO) The  United States Patent and Trademark Office (USPTO) is an  agency  in the  U.S. Department of Commerce  that serves as the national  patent office  and  trademark registration authority for the United States. The USPTO's headquarters are in  Alexandria, Virginia The USPTO cooperates with the  European Patent Office (EPO) and the Japan Patent Office  (JPO) as one of the  Trilateral Patent Offices .  The USPTO maintains a permanent, interdisciplinary historical record of all U.S. patent applications in order to fulfill objectives outlined in the  United States Constitution. The PTO's mission is to promote "industrial and technological progress in the United States and strengthen the national economy" by: Administering the laws relating to patents and trademarks. Advising the  Secretary of Commerce , the President of the United States, and the administration on patent, trademark, and  copyright  protection. Providing advice on the trade-related aspects of intellectual property.

13. 10. UNITED INTERNATIONAL BUREAUX FOR THE PROTECTION OF INTELLECTUAL PROPERTY (BIRPI) The  United International Bureaux for the Protection of Intellectual Property (BIRPI) was an international organization. It was set up in 1893 to administer the  Berne Convention for the Protection of Literary and Artistic Works  and the  Paris Convention for the Protection of Industrial Property . The BIRPI is the predecessor of the  World Intellectual Property Organization  (WIPO). Its purpose was to protect intellectual property rights across different countries.

14. 11.INTERNATIONAL INTELLECTUAL PROPERTY ALLIANCE The  International Intellectual Property Alliance (IIPA) is a coalition of seven  trade associations  representing American companies that produce  copyright -protected material, including computer software, films, television programs, music, books, and journals (electronic and print media). It was f ormed in 1984, it seeks to strengthen international copyright protection and enforcement by working with the U.S. government, foreign governments, and private-sector representatives. The primary goal of the IIPA is to ensure that foreign countries implement and enforce adequate intellectual property protection laws in accordance with international standards, particularly those set by treaties like the Berne Convention and the World Trade Organization’s Agreement on Trade related aspects of Intellectual Property Rights(TRIPS).

15. 12.THE AFRICAN REGIONAL INTELLECTUAL PROPERTY ORGANIZATION (ARIPO) The African Regional Intellectual Property Organization (ARIPO) is an intergovernmental organization that facilitates the protection and management of intellectual property (IP) rights in its member states. ARIPO aims to harmonize and simplify IP systems across Africa, allowing for the registration and protection of patents, trademarks, industrial designs, and copyright. The organization serves as a central entity where applications can be filed for protection in multiple member states simultaneously. Founded on 1976 under the Lusaka Agreement. Headquarters in Harare, Zimbabwe. About 22 countries, primarily from English-speaking Africa, including Botswana, Ghana, Kenya, Malawi, Mozambique, Namibia, Rwanda, Zambia, and Zimbabwe are members of ARIPO The major services Offered by ARIPO are : Patents: Administers the Harare Protocol, which allows applicants to file a single patent application for protection across multiple member states. Trademarks: Operates under the Banjul Protocol, which provides a centralized filing system for trademark protection. Industrial Designs: Offers regional filing through the Harare Protocol for industrial designs. Copyright and Related Rights: Promotes the protection of copyright and related rights. The major Functions and Objectives are IP Harmonization: ARIPO works to harmonize IP laws and regulations across member states, streamlining processes and making it easier for innovators and businesses to protect their IP. Capacity Building: ARIPO helps strengthen the capacities of its member states' IP offices by offering training, workshops, and technical assistance. Cooperation: The organization fosters cooperation between African countries and other regional and international IP bodies, including the World Intellectual Property Organization (WIPO).

16. 13.EURASIAN PATENT ORGANIZATION (EAPO) The Eurasian Patent Organization (EAPO ) is an intergovernmental organization that administers a regional patent system for its member states, enabling applicants to secure patent protection across multiple countries with a single application. The organization was established to simplify the process of obtaining patent protection in the Eurasian region and to encourage technological innovation and development. Founded on February 12, 1996, under the Eurasian Patent Convention (EAPC). Headquarters in Moscow, Russia. Countries , including Armenia, Azerbaijan, Belarus, Kazakhstan, Kyrgyzstan, Russia, Tajikistan, and Turkmenistan are members of EAPO Main Functions of EAPO are: Patent Application Process: EAPO provides a centralized procedure for filing patents. Once a Eurasian patent is granted, it is valid in all member states, providing a streamlined and cost-effective way for applicants to obtain protection across multiple countries. Patent Examination: EAPO examines patent applications to ensure they meet the required standards for novelty, inventive step, and industrial applicability. Patent Granting: If the application is approved, a Eurasian patent is granted, offering legal protection in all member states. Patent Information Dissemination: EAPO provides access to patent information and promotes the use of patent documentation for research and development. Eurasian Patent Convention (EAPC): The legal framework that established the EAPO, outlining the rules and regulations for the Eurasian patent system. Major Objectives are: Promotion of Innovation: By providing a simplified and uniform system for patent protection, EAPO encourages innovation and technology development in the region. Support for IP Development: The organization offers support to its member states in developing their national IP systems and building IP awareness. International Cooperation: EAPO collaborates with other international IP organizations, including the World Intellectual Property Organization (WIPO), to harmonize patent systems and improve the global patent landscape.

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