Legal and Ethical Issues Legal and Ethical Issues with Intellectual with Intellectual

CopyrightsCopyrightsPatents, TRIPS and Geographical Patents, TRIPS and Geographical

IndicationsIndications

EthicsEthics 11

What is Ethical Behaviour?What is Ethical Behaviour?

Fairness, justice, equity, honesty, Fairness, justice, equity, honesty, trustworthiness & equalitytrustworthiness & equality

Intellectual Property (IP) Intellectual Property (IP) 22

What is Intellectual Property?: What is Intellectual Property?:

An intangible property created by An intangible property created by individuals or organizations, individuals or organizations, protected under copyright or patent protected under copyright or patent lawlaw IdeasIdeas MusicMusic MoviesMovies BooksBooks

How Do I Protect my How Do I Protect my Intellectual Properties?Intellectual Properties?

CopyrightsCopyrights TrademarksTrademarks PatentsPatents

Intellectual Property Intellectual Property 33

COPYRIGHT: COPYRIGHT: Statutory grant that protects creators Statutory grant that protects creators

of intellectual property against of intellectual property against copying by others for at least 50 yearscopying by others for at least 50 years

Copyright Office registers and Copyright Office registers and enforces lawenforces law

Protects books, periodicals, lectures, Protects books, periodicals, lectures, dramas, musical compositions, maps, dramas, musical compositions, maps, drawings, artwork, motion picturesdrawings, artwork, motion pictures

Protects software as a “literary work”Protects software as a “literary work” www.copyright-india.comwww.copyright-india.com

Intellectual PropertyIntellectual Property

TRADEMARK:TRADEMARK: A registered trademark or a mark A registered trademark or a mark

used in relation to goods for the used in relation to goods for the purpose of indicating a connection purpose of indicating a connection in the course of trade between the in the course of trade between the goods and some person having goods and some person having the right as proprietor to use the the right as proprietor to use the mark.mark.

Intellectual PropertyIntellectual Property

A trademark is a distinctive sign A trademark is a distinctive sign which identifies certain goods or which identifies certain goods or services as those produced or services as those produced or provided by a specific person or provided by a specific person or enterprise. The system helps enterprise. The system helps consumers identify and purchase consumers identify and purchase a product or service because its a product or service because its nature and quality, indicated by its nature and quality, indicated by its unique trademark, meets their unique trademark, meets their needs.needs.

Intellectual PropertyIntellectual Property

PATENTS: PATENTS: A legal document that grants the A legal document that grants the

owner an exclusive monopoly on owner an exclusive monopoly on ideas behind an invention for 17-ideas behind an invention for 17-20 years20 years

Ensure inventors of new Ensure inventors of new machines, devices and methods machines, devices and methods receive financial and other receive financial and other rewardsrewards

Intellectual PropertyIntellectual Property

PATENT – PATENTABILITY:PATENT – PATENTABILITY:

An invention can be patented if it isAn invention can be patented if it is NOVEL – Must involve INVENTIVE NOVEL – Must involve INVENTIVE

STEPSTEP

NON-OBVIOUS to a person “Skilled NON-OBVIOUS to a person “Skilled in the Art”in the Art”

Must be Must be USEFULUSEFUL – must have – must have INDUSTRIAL APPLICATIONINDUSTRIAL APPLICATION

Elisha Gray (1878)Elisha Gray (1878) (Oberlin College (Oberlin College

Archives)Archives)

It was later discovered, It was later discovered, however, that the however, that the apparatus described in apparatus described in Gray's caveat would Gray's caveat would have worked, while that have worked, while that in Bell's patent would not in Bell's patent would not have. have.

Alexander Graham Alexander Graham Bell, three-quarter Bell, three-quarter length portrait, length portrait, standing, facing right, standing, facing right, by window. 1902. by window. 1902. Prints and Prints and Photographs Division, Photographs Division, Library of Congress.Library of Congress.

TRIPSTRIPS

TRIPS:TRIPS: Trade Related Aspects of Intellectual Trade Related Aspects of Intellectual

Property Rights.Property Rights.

Geographical Indications

It is an indication It originates from a definite

geographical territory. It is used to identify agricultural,

natural or manufactured goods The manufactured goods should be

produced or processed or prepared in that territory.

It should have a unique quality or reputation or other characteristics

Examples of possible Indian Geographical Indications.

Basmati Rice Darjeeling Tea Kanchipuram Silk Saree Alphanso Mango Nagpur Orange Kolhapuri Chappal Bikaneri Bhujia Agra Petha  Goan Kaju Feni

KOLHAPURI CHAPPALKOLHAPURI CHAPPAL

DARJEELING TEADARJEELING TEA

NAGPUR ORANGENAGPUR ORANGE

AGRA PETHAAGRA PETHA

BENEFITS of GIs It confers legal protection to Geographical

Indications in India Prevents unauthorised use of a Registered

Geographical Indication by others It provides legal protection to Indian

Geographical Indications which in turn boost exports.

It promotes economic prosperity of the producers of goods produced in a geographical territory. 

Registration is not compulsory Valid for a period of 10 years Can be renewed continuously for

further period of 10 years at each subsequent renewals

If not renewed it is liable to be removed from the register

Can not be assigned, transmitted, licensed, pledged, mortgaged

TRADEMARKTRADEMARK (BRANDNAME) (BRANDNAME)

Design Design (Packing (Packing Copyright Copyright Format + Format + (printed matter & (printed matter & Style) Style) manner of presentation) manner of presentation)

G.I. G.I.

PATENTPATENT (novel formulation (novel formulation

process/combination) process/combination)

Product

Shri P.H. Kurian, IAS Shri P.H. Kurian, IAS    Controller General of Patents, Controller General of Patents,

Designs & Trade Marks Designs & Trade Marks Bhoudhik Bhoudhik Sampada Bhavan,  Near Antop Hill Sampada Bhavan,  Near Antop Hill Head Post Office, S.M. Road, Antop Head Post Office, S.M. Road, Antop Hill, Mumbai-400037,  Hill, Mumbai-400037,  Phones : 022-Phones : 022-24123311, Fax : 022-24123322 Web 24123311, Fax : 022-24123322 Web site :  site :  www.ipindia.nic.in