trends and developments in intellectual ...be a plagiarism. it is possible to plagiarize without...
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TRENDS AND DEVELOPMENTS IN INTELLECTUAL PROPERTY RIGHTS
WITH SPECIAL REFERENCE TO PATENTS
MAHINDRA PRABU M
ASSISTANT PROFESSOR OF LAW
TAMIL NADU NATIONAL LAW SCHOOL
TIRUCHIRAPPALLI
WHAT IS INTELLECTUAL PROPERTY?
WHAT ARE INTELLECTUAL PROPERTY RIGHTS
Intellectual property refers to creations of the mind:inventions; literary and artistic works; and symbols, namesand images used in commerce.
Intellectual property rights are like any other property right.They allow creators, or owners, of patents, trademarks orcopyrighted works to benefit from their own work orinvestment in a creation.
Source: WTO
CONCEPT OF INTELLECTUAL PROPERTY RIGHTS
Global Commons
New Idea / Creativity
(Anti Commons)
FixationProperty Rights
Intangible/Personal/Private
Term Protection
INDUSTRY AND IPR CYCLE
TRENDS & DEVELOPMENTSIN PATENTS
Source: ipindia.gov.in
RANKINGS2015-16
(PATENTEES)
Source: ipindia.gov.in
STATE WISE RANKINGS
2015-16
Source: ipindia.gov.in
INDIAN APPLICANTS VS. FOREIGN APPLICANTS
Source: ipindia.gov.in
PRE-GRANT OPPOSITION
[2015-16]
POST-GRANT OPPOSITION
Source: ipindia.gov.in
WORKING OF PATENTS
AVERAGE PATENT GRANT TIME
Proposal to reduce average patent grant timefrom 5-7 years to 18 months by March 2018.
Source: ipindia.gov.in
TYPES OF
PATENT
BIO-TECH PATENT
PLANT PATENT
UTILITY PATENT
SOFTWARE PATENT
BUSINESS METHOD PATENT
NANO-TECH PATENT
DESIGN PATENT
BIO-TECH PATENTS
ANYTHING MADE BY MAN UNDER THE SUN IS A PATENTABLESUBJECT MATTER [DIAMOND V. CHAKRABORTHY, 447 U.S. 303(1980), US SUPREME COURT]
A PRODUCT OF HUMAN INGENUITY
GENETIC MODIFICATION/ GENETIC ENGINEERING / TRANSGENIC
MICRO-ORGANISM
SEEDS, PLANTS, ANIMALS AND HUMAN BEINGS
PLANT PATENTS V. PLANT VARIETY PROTECTION
UNITED STATES: EXTENDED PATENT PROTECTION TO PLANTSPRODUCED BY EITHER SEXUAL OR ASEXUAL REPRODUCTIONAND TO PLANT PARTS INCLUDING SEEDS AND TISSUECULTURES (EX PARTE HIBBERD (1985) 227 USPQ 433).
INDIA: ALTERNATIVE PROTECTION – SUI GENERIS – PLANTVARIETY PROTECTION AND FARMERS RIGHT ACT, 2001 (PLANTVARIETY INCLUDES TRANSGENIC VARIETIES)
UTILITY PATENTS
PETTY PATENTS
INCREMENTAL INNOVATION
JUGAAD / FRUGAL INNOVATION
NEEDS LEGISLATIVE BACKING IN INDIA
SOFTWARE PATENT
SOFTWARE PERSE
EMBEDDED SOFTWARE
CRI – COMPUTER RELATED INVENTIONS
BUSINESS METHOD PATENT
INDIA: NOT PATENTABLE
US: PATENTABLE
YAHOO v. CONTROLLER & REDIFF (IPAB, 2011)
NANO-TECH PATENT
EFFICACY REQUIREMENT Section 3(d) of Indian Patent Act, 1970 clearly
provides that particle size cannot be the onlycriterion for patentability; the invention must alsopossess substantial differences in properties of thecomponents increasing its efficacy.
DESIGN PATENT
US: PATENTABLE FUNCTIONAL DESIGNS NOT COVERED
INDIA: ALTERNATE PROTECTION – DESIGNS ACT, 2000. DESIGN: APPLIED TO ANY ARTICLE BY INDUSTRIAL
PROCESS AND APPEAL TO EYE
ANTICIPATION BY
PUBLICATION
Section 102 of the US Act provides for a one year graceperiod under which, even if the invention disclosed in apatent specification is published not earlier than a yearbefore the filing of the patent, it does not anticipatethe application.
Section 31(d) of Indian Act states that an invention shallnot be deemed to have been anticipated by reason onlyof the description of the invention in a paper read by thetrue and first inventor before a “learned society” orpublished with his consent in the “transactions ofsuch a society”, if the application for the patent is madeby the true and first inventor or a person deriving titlefrom him not later than twelve months after thereading or publication of the paper, as the case maybe.
Whether Publication of research findings in any Journal covers S.31(d) of Indian Patent Act?
If a paper is published in any journal, although it may bepublished by a learned society, it is not a transaction ofthe learned society and hence would serve as prejudicialdisclosure/anticipatory prior art. This is clearly evidencedfrom the wording of Section 31(d), which says“published in the transactions of a society” and not“publication of the transactions of the society”.
COPYRIGHT AND
PLAGIARISM ISSUES
MAHINDRA PRABU M
ASSISTANT PROFESSOR OF LAW
TAMIL NADU NATIONAL LAW SCHOOL
TIRUCHIRAPPALLI
What is Plagiarism?
Plagiarism when someone describes another’s thoughts orwording as though they were one’s own. This means that aplagiarism does not necessarily have to be about textualsimilarity. It could just as well be a question of structuralsimilarity or, for that matter, conceptual similarity.
Self Plagiarism
Plagiarism involves the presentation of others’ ideas,text, data, images, etc., as the products of our owncreation.
Self-plagiarism, occurs when we decide to reuse inwhole or in part our own previously disseminated ideas,text, data, etc., without any indication of their priordissemination.
What is Copyright Infringement?
Copyright infringement means violating the rights of acopyright holder. The following are the rights granted byIndian Copyright Act, 1957.
Right to Reproduction / Right to Copy
Right to Adaptation
Right to Publication
Right to Performance
Right to Display.
What is the difference between Plagiarism and Copyright Infringement?
Plagiarism Ethical Concept
Academic Dishonesty
Ethical Offense
Intentional or Unintentional
Copyright Infringement Legal Concept
Violation of Exclusive Rights
Legal Consequences
Key Observations
Not all plagiarisms are infringements and not allinfringements are plagiarisms.
A person can plagiarize almost anything, includingworks that are not protected by copyright.
It’s also worth noting that getting permission to use awork makes the use non-infringing though it might stillbe a plagiarism.
It is possible to plagiarize without violating copyright,and it is possible to infringe on another's copyrightwithout plagiarizing. It is also possible to bothplagiarize and violate copyright at the same time.
UGC Guidelines, 2018
UGC (Promotion of Academic Integrity and Preventionof Plagiarism in Higher Education Institutions)Regulations, 2018.
Imposing penalty for both students, researchers,faculty and staff
Core work includes Abstract, Summary, Hypothesis,Observations, Results, Conclusions andRecommendations.
UG, PG, Masters, M.Phil., and Ph.D.
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