IMPORTANCE OF IPRS

By
Puttu Guru Prasad
Senior Asst. Professor, VVIT
M.B.A, M.Com, L .L .B, M.Phil,
PGDFTM, (PhD).,

Research Scholar JNTU Kakinada

IPR: At a Glance

Trademark
Patent

Geographical Indication

Copyright

Industrial Design

Trade Secret

What is an IPR

There are three types of properties .

Real Property- land, building .
Personal property- jewelry , Cars, cash.
Intellectual property- New inventions,
Human creativity.
It is the third form of property, it can be
sold, purchased, rented , leased ,
donated and mortgaged as the Real and
personal properties.

Importance of IPRs

The basic concept behind IP and the grant of legal

rights is to encourage innovation and
creativity, so that society can prosper and
progress.
The fundamental concept behind all forms of
rights related to IP is that the person, who has
put in original effort, must be rewarded.
If there was no mechanism nobody would want
to make any effort and society would be the
loser. There would be no technological progress
at all.

Benefits of IPR to the

Engineers

Knowledge of IP adds tremendous

monetary value to your work.
Enable you to improve the quality of
your own work
Opens up a world of new career
opportunities for you
Empowers you to take your own
decisions
Knowledge of IP has special value for
qualified engineers in terms of
consultancy promotion

Usefulness of IPRs

1. Preventing duplication of work.

2. Helping in identification of Hot and
commercially relevant areas of research
3. Preventing exploitation
4. Promoting revenue generation
5. Giving access to rare technical information
6. Preventing infringements and helping to
avoid litigation
7. Stimulating creativity

Rationale for protection of

IPRs

To motivate the Innovator

To make profits and gains
To recoup the research expenses
To provide the legal ownership
To prevent infringement of IPs
To maintain peace among the world
To create Job opportunities for the
Engineers
To accelerate the research work

Historical Background: Modern Times

Modern patents originated in Europe where European sovereigns
commonly awarded
"letters patent" to favored inventors.
The first U.S. patent laws were enacted by Congress in 1790 as part
of the Constitution.
The first patent was granted by the Massachusetts General Court to
Samuel Winslow in 1641
for a novel method of making salt.
George Washington signed the First United States Patent Grant on
July 31, 1790.
Patent system in India was first introduced by British Government
in 1856.
The Indian Patents and Designs Act, 1911, (2 of 1911) first enacted
under the management of
Controller of Patents with a patent term of 14 years.
The Patents Act (39 of 1970) came into force on 20th April 1972 .

Initially, the Patent Act, 1970, provided a term of 7 years for

Current IP Laws in India

Copyright
Copyright Act of 1957
Customs
Intellectual Property Rights (Imported Goods) Enforcement
Rules, 2007
Designs
The Designs Act, 2000
The Design (Amendment) Rules, 2008
Geographical Indications
Geographical Indications of Goods (Registration and
Protection) Act, 1999
Geographical Indications of Goods (Registration and
Protection) Rules, 2002
Information Technology
The Information Technology Act, 2000
The Information Technology Rules, 2000
Cyber Regulations Appellate Tribunal (Procedure) Rules, 2000

Current IP Laws in India

Patents
The Patents Act, 1970
The Patents (Amendment) Act, 2005
The Patents Rules, 2003
The Patents (Amendment) Rules, 2006

Plant
Plant Varieties Protection and Farmers' Rights Act, 2001
Semiconductor and Integrated Circuits
Semiconductor Integrated Circuits Layout Design Act 2000
Rules for the Semiconductor Integrated Circuits Layout
Design Act 2000
Trademarks
The Trade Marks Act, 1999
The Trade Marks Rules, 2002

India Convention and Treaty

Berne Convention (Literary and Artistic Works)
w.e.f. April 1, 1928

eva Convention (Unauthorized Duplication of Phonogr

w.e.f. February 12, 1975.
World Intellectual Property Organization (WIPO)
w.e.f. May 1, 1975
Nairobi Treaty (Olympic Symbol)
w.e.f. October 19, 1983

India Convention and Treaty

Convention on Biological Diversity
w.e.f. February 18, 1994

World Trade Organization (WTO) Member and Signatory to TRIPS

Agreement

w.e.f. January 1, 1995

Paris Convention
w.e.f. December 7, 1998
Patent Cooperation Treaty (PCT)
w.e.f. December 7, 1998

Budapest Treaty (for deposition of microorganisms)

w.e.f. from December 17, 2001

Salient Features: Indian Patent System

Novelty: Invention would not be considered novel if it is used
or published in India or elsewhere before the date of
filing/priority.
Term: The term of every patent granted is 20 years from date
of filing.
Publication: Except where an early request for publication has
been made, every patent will be published just after 18 months
from the date of filing/priority and will be open for public on
payment of fee prescribed.
Opposition: Provision of Pre-grant and Post-grant opposition
has been introduced, where a pre-grant opposition can be filed
by any person before the grant of patent, a post-grant
opposition can be filed by any interested person after the grant
of patent but before the expiry of 1 year.

Salient Features: Indian Patent

System

Revocation: A patent can be challenged and revoked anytime after the grant
of patent on a petition of any interested person or Central Government by the
Appellate Board or on a counter-claim in a suit for infringement of the patent
by the High Court.

Compulsory license can be granted to any interested person after the

expiration of 3 years from the date of grant for non-working, unreasonable
price and fail to fulfill the demand of patented invention.

Intellectual Property Appellate Board (IPAB) has now been constituted to

hear appeals against the decisions of the Controller under the Patents Act,
1970.

India is now recognized as an International Searching Authority (ISA) and

an International Preliminary Examining Authority (IPEA).

E-filing: Facility for e-filing of for patent and trademark has been launched.

Patents- Sector wise Analysis

In Year 2007-08, the most active sector were Chemicals, Food and Drugs
(31 percent),
followed by Computer, Electrical and Electronics (20
percent), and Mechanical (18 percent).

Source: IPO

World Statistical Review

China
United States
Japan

Strong
GDP & R&D

Major
Patent Filers

In 2007, about 59.2% of world patent filings were filed in these three countries
alone.
Residents of Japan and the United States own approximately 47% of the 6.3
million patents in force across
the world.
In 2007, around 3.3 million trademark applications were filed across the world.
In 2007, 20.6% and 9.2% of total trademark applications worldwide were filed
at the IP offices of China and
the United States of America (US), respectively.
The IP office of Brazil was largely responsible for the increase in the growth of
trademark registrations in
2007.
The total number of applications for industrial designs is estimated at around
621,000 in 2007.
WIPO
The IP office of China accounted for 43.1% of total industrial design
Source:

Comparison: India Vs China

Reason

omestic applicants file actively in China: 62 percent in China whereas 20 percent in India;
gger Economy in China in comparison to India;
etter Infrastructure for Patent filing in China;
etter IP awareness among the individuals and Universities;
asy to get a grant in China;
etter enforcement of IP Laws in China.