INTELLECTUAL PROPERTY RIGHTS TYPES - PATENTS, COPY RIGHTS, TRADE MARKS, DESIGN RIGHTS, GEOGRAPHICAL INDICATIONS (MCQS)

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About This Presentation

Introduction about IPR
INTELLECTUAL PROPERTY
IPR
History of IPR
Needs for IPR
IPR types
Patents
Patent parts
Criteria for patent grant
Types of patent
Non patentable inventions
Copyrights
Works eligible for copyrights
Rights of copyright
Trademarks
Types of trademarks
Registering trademarks
Tradema...


Slide Content

BHARATHIAR UNIVERSITY
> DEPARTMENT OF MICROBIAL BIOTECHNOLOGY
BIOSAFETY, BIOETHICS, IPR& BIOSTATISTICS
Geographical Indications
SUBMITTED TO: PRESENTED BY:

DR. V. 5. GNANAMBAL SABARIDARAN. B (23MBTB18)
GUEST FACULTY I ST M.SC. MICROBIOLOGY

IPR Types, Patents, Copy4
Rishts, Trade Marks,
Desisn Rishts,

Introduction
IP, IPR and its Needs
History and Treaties
Types of IPR
Patents
Copyrights
Trademarks
Design Rights
Geographical Indications
Plant Variety Protection
Trade Secrets
Integrated Circuit Layout
Application IPR
Summary and Reference

Introduction DEMAND
x

The word Property is always closely
associated with society. Properties always
gives an unique identity to an individual as
well as organization.

Economic theory says that the value of a
property depends on the gap between
demand and supply.

The property can be broadly
Classified into two categories:,

E PROPERTY

IBLE PROPERTY owledge & ideas, a

n can have

Intellectual Property

A property which is ideated and developed from
human intellect is called INTELLECTUAL
PROPERTY.

These Properties can be in various forms which
includes books, artistic works, inventions.

IP, protected through law like any other form of
property can be owned, sold or brought.

The major features that distinguish it from other
forms are their intangiability and non
exhaustion by consumption.

=

Intellectual Property Rig

+ Intellectual Property Rights (IPR) helps an individual or an organization to
protect applications of ideas and information that are of commercial value.

+ IPR in legal sense facilitates the inventor to own, sell, lease or license a
property which is generated from one's intellect.

+ IPRis exclusive right is granted by government of India for protection
originality of work of inventor. Simple intellectual property right is
intangible creation of human mind.

e In this IPR includes in Patent, Trademark, Industrial design, Layout design
and Copyright oriented rights.

e It is important for maintaining the quality, safety, efficacy of any

pharmaceutical product and services. It is certification authority and

standard authority for certification and identification of product in a wide

market. 6

History

+ The laws and administrative procedures relating to
Europe.

¢ The trend of granting patents started in the 14t
other European countries, in some matters Engla
advanced and used to attract artisans from elsewher ia] terms.

+ The 1st known copy rights appeared in Italy. Venice can bi
cradle of IP system as most legal thinking in this area was don
systems were made here for the 1st time in the world and other co
followed in due course

¢ Intellectual right is important for maintaining the quality safety, efficacy of
any pharmaceutical product & services. It is certification authority and
standard authority for certification and identification of product in would wi
market. 7

International organisations &
Treaties

+ AUN agency namely World Intellectual Property

Organization (WIPO) based in Geneva administers
treaties in the field of intellectual property.

+ India is a member of WIPO

« India is also member of Paris convention for Protection
of Industrial Property (relating patents, trademarks, AN
design) of 1883 ==

¢ The Berne Convention for Protection of Literary and ==

Artistic Works (relating to copyrights) 1886.

Needs for
IPR

Switzerland 66,08 1
+ Prevents infringement by Singapore 6. 8
competitors Republic of Korea 56.11 10

+ Gives complete rights to the Hong Kong 54.24
inventor legally China 53.28 1
+ Minimizes needless investment to. x :
in R&D Malaysin 4242 33
+ Improves the Innovation index Ue 41.78 4
of a country Vietnam $712 PA

+ Helps the inventor to provide
licensing agreement to others

+ Gives monetary benefits to the
inventor 9

Patent

Plant
variety
protection

+ It is a special right to the discoverer/ inventor
that has been granted by the government
through legislation for trading new articles.

¢ A patent is a personal property which can be
licensed or sold by the person or organisation
just like any other property.

+ Patent terms Give the inventor the rights to
exclude others from making, using or selling
his invention.

e It is difficult to keep secret certain inventions
and therefore guidance should be obtained
from a qualified patent attorney.

+ It provides protection for the invention to

the owner of the patent. The protection is
OLD granted for a limited period 20 years.

AA 11

First Patent in world:
The first recorded patent for an industrial invention

was granted in 1421 in Florence, Italy to the architect
and engineer Filippo as a 3 year monopoly. "Barge with
hoisting gear used to transport marble"

First Patent in Indi

On March 3, 1856 George Alfred DePenning, a
civil engineer, of Calcutta petitioned for grant
of exclusive privileges for his inventions.

" An Efficient Punkah Pulling Machine"

Patent parts:

The Grant

The grant is
filled at the
patent office
which is not
published. It is
a signed
document,
actually the
agreement that
grants patent
right to the
inventor.

The Specification

The specification and
claims are published
as a single document
which is made public

from the patent office.

the subject matter of
invention is described
as how the invention

was carried out.

General Steps in Patenting

Invention

The Claim

Assessment

The claim
specifically
defines the
scope of the
invention to be
protected by
the patent
which the
others may not
practice.

Criteria for Patent Grant

For an invention to be patented it has to satisfy
three conditions:

+ The invention must not exist
or it must be new and

unknown to public + Non obvious/ inventive step
+ Modified uses of existing means there should not be a A
ri E + Ability to manufacture
processes, machines and mere improvement from
composition of matters or prior state of art.
materials are also
patentable.

2. 0%

Gem Clip ds ris Gem Clip

Types of Patent

1. UTILITY PATENT: are issued for inventions that are novel and useful
2. DESIGN PATENT: protect the design or image of a product.

3. PLANT PATENT: are issued to applicants for plants that can reproduce
4, PRODUCT PATENT: issued for new product

5. PROCESS PATENT: issued for method of invention.

EXAMPLE:

The lightbulb: The electric lightbulb is perhaps one of the most famous
patented inventions known to humankind. It was awarded to Thomas Alva
Edison in the year 1878 15

Non Patentable Inventions

Plants and animals
therapeutic treatment

Mere discovery of a

scientific principle |
2 à Mathematical or busines:

method, algorithms

Frivolous invention or against

Arrangement of
natural laws (nuclear weapon)

software devices 16

A quick questionnaire-Eligible for
+

patent?
( Q(&

+

4 1
+ A method for treatment of cancer? No d
+ Mobile phone with a stethoscope? Yes
+ Polyurethane foam coated with silver nano particles? Yes

+ Law of gravity? No

+ Amicro organism existing in nature? No

+ Automated transmission system for an
automobile? Yes

®

+ The Copyright Act provides comprehensive
protection for copyright able works.

+ The Act outlines the nature of works
eligible for copyrights, the scope of

— protection and manner in which protection

ü is accorded.

+ There is no registration of copyright works.

+ In simple words copyrights enables creator
to protect his/her creative works of written
word, art, TV/film, software code

+ Copyright protection in literary, musical or
artistic works is for duration of the life of
the author and 60 years after authors

deaths
> + Copyright is a kind of protection against
PO unauthorised use of ones work

co i 18

Works eligible for Copyrights

+ Literacy works such as novels;
poems, plays, reference works,
newspapers and computer
programs, database
Dramatic work such as films,
musical compositions,

choreography

Artistic work such as paintings,
drawings, photographs and
sculptures, architecture&
advertisment, maps and
technical drawings

Owner of Copyrights has following

Rights

Right of
Reproduction

Owner of Copyright can have
right of reproduction of his
work. No other person
except the author shall make
copies of the work or part of
the work in any form without
the permission of the
copyright owner.

Right of
Communication

Communication to the public
means making any work
available to public is the
copyrights of the author. Any
work for example a film
cannot be made available to
public without permission of
the author if it is registered
under copyrights act.

Right of
Adaption

Adaption or changes or
alteration is the preparation
of new work in different
manner based on exiting
work. According to this right
only idea is taken and then
changes were made
according to the
requirements. 20

Owner of Copyrights has following,

Rights

Right of
Translation

The owner has full right to
translate his work into other
language. Any other person
doing it without ther
permission of owner is the
infringement.

The person who is intrested in
translating the copyrighted
work should get permission of
the owner before translating

G

Moral Rights

Moral rights are assigned only the
individual authors and in many
countries they are related to economic
rights.

Moral rights covered the rights to claim
authorship of a work and the right to
object to any distortion or modification
of a work. The moral rights remain with
him even after assignment of
copyrights.

21

The Jungle Book =====>=

4

le A trademark is a sign capable of distinguishing
the goods or services of one enterprise from
those of other enterprises.

+ It helps consumers identify and purchase a
product or service because its nature and
quality, indicated by its unique trademark
meets their needs.

+ It may be one of combination of words, letters
and numerals. They may consists of drawings,
symbols, 3D signs, shape and packing of goods,
audible signs such as music or vocal sounds,
fragrances or colours used as distinguishing
features.

+ Trademark is registered for 10 years and can
be perpetually renewed

23

ark lies in the

24

- Label

+ Name

+ Smell, Sound ITA

+ Signature ab

Types of Trade Marks Zn

al
M

LP Morgan
Caca
(intel)

non naa

SNS

Google
Bfenzp
ORACLE

O

CHANEL

AM

amazon
©

=

Tove" TA

.tin.. fr.
cisco

accenture

BE Microsoft
IBM
serás
H ERM ES

=

a
Fl

27

Registering A Trademark

Trade marks cannot be freely
registered and will be
investigated through my before
registration is approved.

In order for a trademark to be
registered it must be sufficient
distinct for the services/goods is
applied to cover.

Obviously it must not be similar
to existing trademarks nor can
deceptive or illegal in any way

a A RAND NAME
You cannot simply apply for a a

trademark and assume it will be
accepted there is a rigorous
examination process which takes
place by the patent office before
you will find out it your application
has been sucessful. You can read
about the complete application
process.

www.uspto.org
www. Patent.gov.uk

Registration contents

Slogan
Shape
Color

Symbol types

The symbol 'TM' and 'R' are the two symbols that we regularly see and are
associated with Trademark. Each symbolizes the different types of Trademarks.
'R' stands for Registered Trademark, 'TM' stands for Unregistered Trademark.

BASMATI RICE 30

+ Design is the outlook of an article that a naked
| eye can see.
The definition of a Design as per the act
provides that a design means only the features
of shapes, configuration, pattern, ornament or
composition of lines or colours
Any article both 2D or 3D by any industrial
process or means, whether manual,
mechanical or chemical, seperate or combine,
which in the finished article appeal to and are
judged solely by the eye
They wont include any principle of
construction or anything which is in substance
a mere mechanical device and does not include
any trademark or property mark or artistic
work.
(g + Right conferred for period of 5 AA

Design Registration

The Design Law in India is governed by the
Designs Act, 2000. The old Design Act, 1911
was amended 2000 to incorporate the
amendments which were rendered necessary
because of the tremendous progress made by
India in field of Science and Technology.

A design patent covers the aesthetic look of a
product ornamental shape or surface
treatment of a product. The look need not to
have functional applications.

Industrial Design
Rights

Aesthetic aspects or
outward apperance
that is applied toa
product.

Identify the brand name

Identify the brand name
2D like pattern, lines, N
composition, colour y
3D like shape or

combination of both

2D & 3D |
| 33

+ Geographical indication (Gl) is a tag used on
commodities which have a specific
geographical origin and possess unique
qualities or reputation corresponding to

—> place of origin.
y ° An indication which identifies goods as

Geog ra phi ica | agriculture, natural or manufactured goods

as originating or manufactured in territory

I ndi i cations of country or a region or locality in that
territory where a given quality, reputation
or other characteristic of such goods is
essentially attributable to its Geographical
origin.

b Geographical Has indefinite validity with renewal for
Indication

Gh Teg every 10 years ¿>
A 3

Registration of Gl mark

+ U.S. Registration No. 2,685,923 for TEA.

¢ The certification mark, as used by
authorized persons, certifies that the tea
contains at least 100% tea originating in
Darjeeling region of India and that the
blend meets other specifications
established by certifier.

+ Application serial no. 76-229673 for variety
products made by Egyptian cotton.

+ The certification mark, intended tobe used
by authorized persons, is intended to
certify that the products identifies above
contain 100% Egyptian Barbadense Cotton

REGISTRATION

Who can register?

Any association of persons or
producers. Any organization/ | Agricultural products
Authority established under

law which represent the = - —

interests of the producers of | Manufactured commodities = =>
the concerned goods 4

Types of Gl

Manufactured
Goods

Textiles:
Pochampally Ikat,
Kanchipuram
Silk, Mysore Silk
Leather products:
Kolhapuri
chappals

Handicrafts

Mysore Rosewood
Inlay (Karnataka)
Chanapattana Toys
& Dolls (Karnataka)
Tanjavur Art Plate
Arnmula Kannadi
(Kerala)

Bidri ware
(Karnataka)

Food stuffs Industrial
products

Andhra pickles

Agra peda Swiss watches

Bikaneri Bhujiya Coimbatore wet

Grinders

= erm were
GOVERNMENT OF INDIA
one ss sarta fr
Geographical Indication Registry

ee tue porte enfers oe eee ete ce
rn nn nn een

EL POP ISCH BER BREI

me
Ben en ae

seo e... net



First Gl of India 2004- Agriculture-
38

First Gl of Tamil nadu 2004-

É : “ Salem fabric Handicrafts
L u D pisse 39

{y

¿Madurai
Valli

mos £ rome os
E, a up

GOVERNMENT OF INDIA
Ar
Ceographical Indication ry

a A e, et ce
Spee omens daa ge on Pannen un vom

Elena e nn
A A ZENEZE

eee re
mg gti tnt ve ==

CE rors

Recent Gl of India - Kovilpatti
Kadalai mittai

41

Why does the Gl
Protection?

42

Be Zu
+ Anew plant variety, irrespective of

reproduction method can also be filed
under utility patent. IPR law in India paves a
way to protect plant varieties through
manipulation of seeds only.
+ India is one of the first country in the world
H to have passed a legislation granting rights
Pla nt Va riety to breeders and farmers under the
protection of plant variety and farmers

Protection Rights act 2001

MONSANTO y

BT Cotton by Monsanto Ltd. to resist plant from bollworms,

Coverage of varieties

New varieties (genera and
species which can be register and
will be notified subsequently)

Extint varieties, Farmers varieties

Breeders can exercise their rights
over any variety that is essentially

derived from the protected variety.

Provided that the authorisation by
the breeder of the initial variety to
the breeder is on mutually agreed
upon terms and conditions.

The Central Government has notified the following
crops with their genera eligible for registration of

varieties.

Oryza sativa I
Triticum aestivum L
Zea mays L
Sorghum bicolor (L.) Moench
Pennisetum glaucum (L.) R.Br. Bajra
am 1 Cha
L.) Millsp.

a (L). Wilezek Mung
Hepper Und
Lens culinaris Medik Masur

Pisum sativum L Matar

Pearl millet
Chickpea
Pigeon pea
Gree

Blac

Lentil

Field pea

44

+ Trade secrets are intellectual property
(IP) rights on confidential information
which may be sold or licensed.

+ In general, to qualify as a trade secret,
the information must be: commercially

pr Á valuable because it is secret, be known

D | only to a limited group of
- Trade
Secrets

+ The semiconductor Integrated Circuits
Layout Design Act 2000, was passed to fulfill
Indias obligations.

+ It provide protection for semiconductor IC
layout designs. It includes transistors and

Ar n circuitry elements including lead wires and
| teg rated elements.

. e +» The exclusive rights include the right of
C I rcu it reproduction and the right of importation,

sale and distribution
Layout

a E

= 46

Applications of IPR

The main purpose of Intellectual Property Law is to encourage
the creation of a wide variety of intellectual goods.

To achieve this, law gives people and business property
rights to the information and intellectual goods they create.

This gives economic incentive for their creation, because
it allows people to profit from the information and
intellectual goods they create

Balancing rights so that they are strong enough to encourage
the creation of intellectual goods.

0000

47

summary [ial —
Registering a trademark

and contents

/ Trade
Introduction to IP, marks
IPR, History, Needs Geographical

indication

Patent parts and
Criteria for
patent

Registeration
of Gl

Plant variety
Types of patents and non Industrial Design Protection
patentable inventions rights, Registration

Integrated Circuit
Layout

Rights of
Copyrights

Trade secrets

References (8-4)

e https://www.ncbi.nim.nih.gov/pmc/articles/PMC3217699/#:~:text=Int A
ellectual%20property%20rights%20(IPR)%20refers,a%20given%20pe i
riod%200f%20time
https://www.dubaicustoms.gov.ae/en/IPR/Pages/WhatlsIPR.aspx
http://www.slideshare.net/Kumar Roy12/intellectual-property-rights-
242852647?from m app android
http://www.slideshare.net/Kumar Roy12/intellectual-property-ri
242852647?from m app android

Images were taken from Google online web and online p,
+ Some contents were taken from online web and ppts, 4
Bioethics by Shaleesha A Stanley book reference.

Vo. 1

= mcason AS

IPR types, Patents, Copy
rights, Trade marks,
Design rights,
Geographical indication

1. If a person uses Someone's Song as background Music in his/her
music video then what could be an act a person is an example of:

A. Copyright infringment B. Trade marks
C. patenting D. Design rights.

nN

. Sequence the following in Copyright ecosystem for literacy
Creation under the Indian Copyright Act.

A. Public Communication
B. Copyright assignment
C. Content development
D. Relinquish copyright

E. Copyright transmission.

1. (A)>(E)>(B)>(D)>(C) 2. (C)>(A)>(B)>(E)>(D)
3.(E)>(C)>(B)>(D)>(A) 4. (B)>(C)>(E)>(A)>(D)

3. Arrange the following procedure for the grant of patent in proper
Sequence. Choose correct answer from option below:

1) The true and first owner shall apply in form I and legal
representative of true owner Shall apply in form ii

2) A Complete Specification Shall be filled with a fee of Rs. 50/ within
12 months from the date of filling of application.

3) The first inventor of the work who claims to be true and first owner
or his legal representative

4) For each invention Separate application for a patent Shall be
made.

A. (1), (4), (3), (2) B. (2), (1), (4), (3)
C. (3), (4), (1), (2) D. (2), 4), (3), (4)

4. Assertion (A): Trademark registration gives exclusive proprietary
rights to the trademarks owners

Reason (R): A trademark is a recognizable Sign, design or expression
which identifies products or Services of a particular source from
those of others, and are used to claim exclusive proprietary rights of
products or Services.

A. (A) true, (R) false

B. (A) false, (R) true.

C. Both (A) and (R) true, but (R) is not Correct explanation of (A)
D. Both (A) and (R) true, (R) is Correct explanation of (A)

5. Intellectual property Rights (IPR) protect the we of information and
ideas that are of

A. Commercial values B. Ethical values
C. Moral values D. Social values

6. The trademark law protects

A. words, Symbols or devices that differentiate goods or
services from one another.

B. only brand names

C. Name of Specific people and places.

D. Inventions that features some sort of utility.

. How long do patents usually last for?

A. 10 years B. 20 years
C. 40 years D. 60 years

. Imagine a footballer sets up his own company to sell his
own range of clothes. What type of IP can be use to show
that the clothes are made by his company?

10.

A. Copyrights B. Patents
C. Trademarks D. Geographical indication

Which of the following are/is included in geographical indications
of goods?

A. Handicrafts B. Foodstuff
C. Manufactured and food stuff
D. Handicraft, foodstuff and manufactures

Design does not includes:

A. Features of shape

B. Mode or principle of construction
C. Composition of lines or colours
D. Principle of colours

11. Which one is the symbol that associated with unregistered
trademark

aM 8® «© 0

12. The symbol of the Maharaja of Air India represents

A. Copyrights B. Trademark
C. Patent. D. Design rights

13. Plant patent is granted to

A. Farmers B.R&D

C. Person who created or discovered a new and distinct asexually
propagated plant

D. Person who plant the trees

14. Under which type of agreement royalty is paid on the basis of sale?

A. Mining B. Patent
C. Design rights. D. Copyrights
15. Match the following pairs:
Type of IPR Description
1 Trademarks - It Consists of a recognizable Sign, design or
expression.

2. Copyrights - It is legal right of owner of IP
3. patents - It used for protection of new inventions
4. Trade Secrets - It indicates the Geographical uniqueness of an item.

which of following pairs are Correctly matched ?

A2,3and 4 B.1, 2,3 and 4
C.1, 2 and 3 D. 2 and 3 only

16. How long does intellectual property last?

A. 70 yrs B. 60 yrs
C. 30 yrs D.10 yrs

17. Which one is not a intangible property?

A. Copyrights B. Real estate.
C. Trademarks D. patents

18. Complete the Step in patenting:

Invention > Appraisal > Filling patent > Further patenting abroad >
> enforcement of approval patent.

A. Assesment B. License refusal
C. Grant / refusal D. Discovery of organisms

19.

20.

Which is not a Right of Copy rights?

A. Reproduction. B. Communication
C. Adaptation. D. Transcription

First Geographical indication of India is

A. Handicrafts. B. Food stuffs
C. Madurai malli. D. Agriculture