2. Outline:
 Introduction
 Steps of filling patents
 Introduction of GATT
 Introduction to TRIPS

3. Introduction:
 What is the meaning of IP?
IP-INTELLECTUAL PROPERTY- is a term
referring to a number of distinct types of
creations of mind for which a set of exclusive
rights are recognized in the corresponding
fields of law.

4.  What is the meaning of IPR?
Intellectual Property Rights are
the rights given to persons over the creations
of their minds.
They usually give the creator an
exclusive right over the use of his/her creation
for a certain period of time.

5. IPR
INDUSTRIAL PROPERTY + COPY RIGHT
PATENTS DESIGNS TRADEMARKS Geographical Indications
Patents Patent Information
& Designs
Trade Marks
Copy Right
Geographical Indications

6. FOR MOST PRODUCTS EVERY FORM OF
INTELLECTUAL PROPERTY RIGHTS CAN
BE OBTAINED
CAMERA
“PATENT”  For every individual improved mechanism
“DESIGN”  For outer shape & Coloour / Configuration
“TRADE MARK” Brand name or Logo for goods denoted as ®
“Copy right” For Instruction / manual booklet denoted as ©

7. “PATENT”  For every individual NEW API
“DESIGN”  For formulation
“TRADE MARK” Brand name denoted as ®
“Copy right” For Label denoted as ©

8. The Patents Act, 1970
•Product Patent
•Patent Term of 20 years
•Public Health Safeguards
The Trade Marks Act, 1999
•Service Marks and Collective Marks
•Term increased from 7 years to 10
years

9.  The Designs Act, 2000
 The Copyrights Act, 1957
 The Bio-Diversity Act, 2001
 The Layouts and Integrated Circuits Act

10. MINISTRY OF COMMERCE
MINISTRY OF HUMAN RESOURSE
AND INDUSTRY
DEVELOPMENT
DEPT. OF INDUSTRIAL POLICY DEPT. OF EDUCATION
& PROMOTION
COPYRIGHT OFFICE
CONTROLLER GENERAL OF
PATENTS, DESIGNS & TRADE MARKS
PATENT TRADE MARKS REGISTAR OF
OFFICE REGISTRY COPYRIGHT
Sr.JOINT GIR
CONTROLLER JOINT
OF PATENTS REGISTAR OF
AND DESIGNS TRADEMARKS

11. Jurisdiction of offices

12. 1. Protection Part
2. Enforcement Part

13. • Criteria for Patentability
– New & useful
– Non-obvious
– Capable of Industrial Applications
• Patents Act specifies
– What are not inventions?
– What are not patentable inventions?
• How to get that monopoly right?

14.  Opposition proceedings
 Licensing provisions
 Infringements suit provisions

15.  It encourages RESEARCH.
 Induces an inventor to disclose his
inventions instead of keeping them as
secret.
 Provides inducement for capital
investment encouraging technological
development.
 It encourages establishment of new
industries.

16. Patent Applications Filled
16000 14813
14000
12000 10709
9538
10000
8000
6000
4000 2824
2000
0
1999-2000 2002-03 2003-04 2004-05

17. • KNOWLEDGE OF INVENTION ADDS TO
BASE FOR FURTHER RESEACH
• REASONABLE ASSURANCE FOR
COMMERCIALIZATION
• PATENT- OPEN TO PUBLIC FOR USE
– AFTER ITS TERM EXPIRES

18. Patent Grant Procedure
Filing of PATENT APPLICATION
EXAMINATION & NOVELTY SEARCH
ACCEPTANCE OR REFUSAL
NOTIFICATION OF “ACCEPTANCE”
OPPOSITION (if any)
GRANT OF A PATENT

19. Patent Grant Procedure
Filing of patent application
Early Publication Publication after 18 months
Pre Grant Opposition /
Representation by any person.
Request for examination
Examination: Grant or Refusal
Publication of Grant of patent
Post Grant Opposition to grant of patent
(Constitution of Opposition Board)
Decision By Controller

21. Introduction:
 What is the meaning of GATT?
 GATT means “General Agreement on Tariffs and
Trade”
 GATT is an international agreement on trade
Formalities between different countries
regarding trading & distribution of different
commodities in between different countries.

22.  The main purpose of GATT is to provide
guidelines on various aspects related to
international trading of various commodities.
 Example:
The state policies regarding import-export
Protection of interests of the manufacturers
and exporters through the IPR.

23. 1. Trade barriers should be lowered in general
and quotas should be eliminated
2. There should not be discrimination among
trading partners
3. National treatment – imported goods treated
same as domestic goods
4. Tariff concessions, once made, cannot be
rescinded without compensating trade
partners, and new barriers cannot be erected
in place of lowered tariffs
5. Trade disputes to be settled by consultation

24. Introduction:
 What is the meaning of TRIPS?
 TRIPS means “Trade Related Aspects of
Intellectual Property Rights(TRIPS)
Agreement”

25. World Trade Organization (WTO):
• WTO is the successor to the General Agreement
on Tariffs and Trade (GATT) established in the
wake of the WWII
• First took effect in January 1995.

26. • Growth in world trading.
• Increased importance of global IP protection.
• Existing provisions of international law were
perceived insufficient.
1. Absence of enforcement of rights before
national judicial authorities.
2. Lack of a dispute settlement mechanism
between States.
3. Standards were outdated.

27. The most detailed and
comprehensive
multilateral
agreement on
intellectual property
yet negotiated.

28. • TRIPS introduced intellectual property rules
into the multilateral trading system for the first
time.
• Membership in WTO requires a country to
agree to adopt the minimum standards for
intellectual property regulation.
• IP laws are established and enforced by each
individual Member Country.

29. • How basic principles of the trading system
and other international intellectual property
agreements should be applied.
• How to give adequate IP protection.
• How to enforce IP rights.
• How to settle disputes on IP between
members of the WTO.
• Special transitional arrangement.

30.  Broadly through following two premises:
(I) Widespread piracy, counterfeiting and
infringements of intellectual property rights
constituted a barrier to trade
(II) IPRs transfer agreements

31.  To reduce distortions and impediments to
international trade and take into account the need
to promote competent as well as adequate
protection of IPRs
 To ensure that measures and procedures to enforce
IPRs do not themselves become barriers to
legitimate trade
 To reduce tensions by reaching strengthened
commitment to resolve disputes on trade-related
IP issues through multilateral procedures

32.  To establish a mutually supportive relationship
between the World Trade Organisation (WTO) and
World Intellectual Property Organisation (WIPO)

33. The intellectual property areas covered by the TRIPs
Agreement are:
• Copyright and related rights
• Trademarks
• Industrial designs
• Patents
• Layout-designs (topographies) of integrated
circuits
• Undisclosed information, including trade secrets
• Enforcement

34.  Standards: The agreement expresses minimum standards of
protection
(I) The subject matter to be protected
(II) The rights to be conferred and permissible exceptions
(III) The minimum period of protection
 Enforcement
(I) Provisions for domestic procedure and remedies for the
enforcement of the IPRs
(II) Includes general principle applicable to IPR
enforcement procedure apart from administrative, civil and
criminal procedure available for enforcement of rights of the
right holder
 Dispute settlement: The agreement further provides for the
settlement of disputes over IPR among the member states
within the parameters of dispute settlement procedure