Intellectual Property Rights

Vaibhav S. Bakhare

UR Agreement on TRIPs covers :

Patents

TradeMarks
Copyrights Geographical indications Industrial designs Layout designs (topographic) of integrated

circuits Undisclosed information, including trade secrets.

Patent: (Protection to a Total Invention)

Products Or Process

An invention, to be patentable, must satisfy

the following three conditions. It is new. It is useful to the society. It is non-obvious to a person possessed of average skill in the part.

Exclusion from Patentability:

If it is necessary to protect public order or

morality Diagnostic, therapeutic and surgical methods for the treatment of humans or animals; Plants and animals other than microorganism and essentially biological process Expiry after 20 years. Indian Patent Law, in line with UR (except minor issues)

Global Roots:
TRIPS under WTO.

Uruguay Round of TRIPS.

Bern Convention

Salient Features of UR:

Applicability of Product patent also to food,

drugs/medicine, and chemical substances. Patent expiry period is 20 years Plants, animals and biologic processes Processes/methods for treatment of human beings and animals are not patentable. Rights of inventors of plant and seed varieties to be protected Compulsory licensing only in Exceptional cases

Cntd
A patent cannot be revoked because it is

non-working The onus is on the accused to prove. Guilty till Proved innocent. There can be no ceiling on the free or royalty

TradeMarks
Trade Mark

Brand
Brand Name Brand Mark Certification mark or Collective Mark

Indian Context:
Trade and Merchandise Marks Act, 1958 has

been replaced by the Trade Marks Act 1999. Objectives: The registration and better protection of trade marks for goods and services. The prevention of the use of fraudulent marks.

Major Provisions:
Mandates Registration for better protection With: Registrar of Trademarks Duration: 10 Years, with renewable clause

Grounds for Refusal of registration: devoid of distinctive characteristics deceive the public or cause confusion it compromise or contains scandalous or obscene matter established practices of the trade

General Features:
Can be assigned / Transferred, except

certificate trademark (with Registrar consent) Separate Appellate board Intellectual Property Appellate Board All provisions of Trademark broadly apply for copyrights as well except for life of 20 years.