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Types of IPRs Flashcards

1
Q

What is an IPR

A

tradable legal rights resulting from intellectual property in industrial, scientific, literary and artistic fields that safeguard its creators by granting them time-limited rights to control their invention’s use

trade of IPRs is intangible and non-exhausted consumption

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2
Q

types of IPR

A
  1. patents
  2. trademarks
  3. copyrights
  4. geo. indications
  5. industrial designs
  6. layout designs for integrated circuits
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3
Q

what is a patent

A

exclusive right, lasting 20 years, granted for the invention of a product or process that provides a new way of doing something or technically solving a problem

patented inventions cannot be commercially produced, used, distributed or sold without owner’s consent

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4
Q

how can a patent be exploited by those other than its owner?

A
  1. owner may license other parties to use the invention on mutually agreed terms
  2. owner may sell the patent
  3. owner may be subjected to compulsory licensing
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5
Q

what happens once a patent expires?

A

the invention enters the public domain and the owner no longer has exclusive rights to it, so others can commercially exploit it

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6
Q

what is a trademark

A

distinctive sign that identifies certain goods or services produced by a specific person or enterprise, which may be one or a combo of words, letters and numerals as well as drawings, symbols, 3D symbols, audible signs, fragrances or colours

it ensures the owner the exclusive right to use it to identify goods and services or authorise another to use the good in return for payment

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7
Q

benefit of a trademark to consumers

A

helps them to identify and purchase products that meet their needs, based on nature and quality, as indicated by the trademark

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8
Q

how long to trademark rights last

A

10 years after initial registration, then it must be renewed periodically

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9
Q

what is a copyright

A

rights given to creators for literary and artistic work like novels, plays, reference works, films, music and paintings, which last for the life of the creator plus sixty years after their death (except photographs)

60 years from the beginning of the calendar year following the year in which the photograph was published

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10
Q

issues of registration for copyrights

A

not mandatory to register since it subsists in a work by virtue of creation, but registering a copyright provides legal evidence that the copyright subsists and its creator owns the work

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11
Q

how are copyrights exploited

A

creators sell the right to the work to individuals and companies best able to market the work in return for payments, known as royalties, which are dependent on the use of the work

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12
Q

what are GIs

A

an exclusive right given to particular community for goods that have a specific geographical origin and possess qualities that are due to that place of origin, and the benefits of this right are shared by all members of that community

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13
Q

applied example of GI

A

agricultural products tend to have qualities that derive frorm their place of production such as climate and soil, as well as human factors like specific manufacturing skills and traditions

e.g. darjeeling tea in West Bengal

lonavala chikki
fenny - goa
mysore sandalwood soap

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14
Q

what is an indsutrial design

A

creative activity resulting in the ornamental appearance of a product

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15
Q

what is an industrial design right

A

the exclusice right to a novel industrial design (define ID here) that is accorded to its creator to promote and protect the design element of industrial production

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16
Q

which act covers existing legislation on IDs in India

A

New Designs Act 2000

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17
Q

what are trade secrets

A

confidential business info providing an enterprise with a competitive edge, usually manufacturing, industrial or commercial secrets such as sales methods, manufacturing processes or lists of suppliers/clients

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18
Q

how have ID rights been adapted in India in line with globalisation

A

legislation is aligned with the changing technical and commercial scenario to comform to international trends in design admin

also enacts a more detailed classification of design to conform to intl. system and regulate the proliferation of design related activities in various fields

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19
Q

how are trade secrets unique?

A

they do not need registration to be protected unlike patents

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20
Q

duration of protection of trade secrets

A

unlimited period PROVIDED a substantial element of secrecy exists such that it would be hard to obtain the info unless improper means are used

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21
Q

how can india benefit from Trade Secret protection

A

because of the vast availability of traditional knowledge in the country. TSs and trad knowledge are interlinked with GIs

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22
Q

define a semiconductor integrated circuit

A

a product comprising transistors and other circuitory elements

which are inseparably formed on a semiconductor material or insulating material or inside the SC material

that is designed to perform an electronic function

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23
Q

what Act protects IP related to SCICL designs?

A

Semiconductor Integrated Circuits Layout Design Act (SICLD) 2000

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24
Q

explain how the SICLD Act works

A

gives the registered proprietor of the layout design the inherent right to use, commercially exploit and be protected against infringement of the design

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25
how long does the SICLD Act provide protection
10 year period post registration, then must be renewed periodically at the Department of Information Technology Ministry of Communications and Information Technology
26
What is the importance of registering IP?
Developing a new product involves a lot of time, money and effort to be invested The inventor will naturally expect to be able to own exclusive rights over the invention and exclude others from benefitting from it IP systems and laws provide this exclusivity and give the inventor advantages including prima facie ownership proof that allows them to enforce IPR in court if needed Thus, IPR protection is CRUCIAL to provide inventors with the incentive to keep innovating and benefitting from their i ventions, which will also benefit the wider society
27
Comment on the general process of registering IP
involved IP registration followed by process of verifying authenticity of creation entity granting the IP must carry out extensive research to verify that the creation is original, authentic and not lifted from another done by publishing new creations in IP journals to fact check other individuals/entities claiming IP rights against the same/similar creations process of registering and acquiring IPR can take between a few months and many years and includes various rounds of correction by the inventor
28
what are the benefits of IPR
exclusive control to owner over financial and usage benefits inventor can exercise the right to file a court case against competitors violating IP laws to benefit from the invention (will receive financial compensation) 1. increase market share and profits by exclusive commercial exploitation 2. may increase business value - M/A/Sale 3. income from royalties 4. marketing angle - improves business image by differentiating products 5. sale, licensing or using IPR as collateral for easier finance access 6. registered and protected brands and designs can help enter export and franchising markets
29
international conventions
The TRIPS Agreement contains references to the provisions of certain pre-existing intellectual property conventions: 1. Paris Convention - Industrial Property like industrial design, patents and utility models 2. Berne Convention - Literary and Artistic Works (1971)
30
TRIPS
Trade-Related Aspects of Intellectual Property Rights minimum standards agreement to protect various forms of intellectual property, provision for which India has already made through changes to national law
31
national and intl treatment
principle of giving (or not giving) others the same treatment as one’s own nationals. national treatment (with regards to IPR protection) is a feature of many international IPR conventions including the Paris Convention
32
where do you file for a patent?
mumbai, delhi, chennai, kolkata
33
first to file vs first to invent USA INDIA
USA - First to Invent India - First to File FTF - first person to file a patent application for an invention is granted the right to the patent, regardless of when the invention was actually created FTI - person who first conceives, thinks of, or invents something is awarded the patent
34
in what currency is the fee for extending patent to a new country charged
Swiss franks
35
how many attempts in total do you get to answer to an FER
3
36
what are the 2 main ways in which a patent can be exploited
1. licensing - royalties paid post one-time payment 2. assignment - part or all of the ownership of the patent transferred to another entity licensing may be more ideal since you can claim royalities and is also not a permanent agreement
37
what do the main clauses of licensing agreement concern
1. payment 2. termination 3. the fact that no addition or deletion can be made regarding patent
38
how many dependent claims can you have
minimum of 1 but unlimited after that
39
payment system for claims in patent documents in india
10 claims free, 80K INR per additional claim
40
in which regions are priority dates mainly used
India and Europe
41
what is WIPO and where is it headquartered
World Intellectual Property Organisation Geneva, Switzerland
42
what does a provisional patent entail
10 lines about * invention abstract - 100 words, must be attached last * summary * background - prior art search * drawings/illustrations (NO photos) * patent claim - AKA body of patent; most crucial and is the only part actually examined. Must be as broad as possible to ensure maximum protection
43
poor man's copyright
practice of mailing a copy of your work to yourself. Under the copyright law, a work of original authorship is protected by copyright from the moment it is fixed in a tangible medium of expression. In USA - not a substitute for registering your copyright; however, the postmark could be used as evidence in infringement cases that the work was in existence on a certain date,
44
how long do patents last
20 years, renew each year, non-extendable
45
how long do trademarks last
10 years, extendable
46
how long do copyrights last
60 years after demise of author in India, 70 in the US Berne convention - lifetime+50 years but can be longer in individual countries
47
what does copyright not protect
ideas, facts, single words; titles, 2 or 3 sentences, slogans, recipes, math formulae, certificates
48
what are common rights under copyright
1. economic 2. reproduction 3. distribution 4. communication of work to public 5. make adaptation 6. performance 7. broadcast 8. moral rights 9. remedies to copyright infringement - civil (section 55), criminal and penal (preventive and compensatory)
49
exceptions to copyright infringement
1. fair use doctrine 2. personal use 3. educational use 4. libraries and archives 5. satire and parody 6. government works
50
defences against copyright infringement suit
1. invalidity of copyright 2. defendent proves they have valid license 3. work is in public domain 4. infringement case filed after limitation period expired
51
why should GI be protected
- TAKES ON VALUE JUST LIKE ANY FAMILIAR BRAND. FOR PRODUCERS, A GI HELPS TO CONFER UNIQUENESS OR DIFFERENTIATION, - BLOCK ATTEMPTS TO FREE-RIDE ON THEIR REPUTATION
52
difference between GI and TM
GI IDENTFY A GOODS AS ORIGINATING FROM A PARTICULAR PLACE AND CANNOT BE ASSIGNED OR LICENSED BECAUSE OF ITS LINK TO PLACE OF ORIGIN TM IDENTIFY GOODS/SERVICES OF PERSON OR COMPANY AND CAN BE ASSIGNED/LICENSED BECAUSE OF ITS LINK TO PLACE OF ORIGIN
53
what would classify as infringement of GI?
USE OF ANY MEANS IN THE PRESENTATION OF A GOOD THAT SUGGESTS THAT THE GOOD ORIGINATES IN A GEOGRAPHICAL AREA OTHER THAN THE TRUE PLACE OF ORIGIN WHICH CONFUSES THE PUBLIC
54
two ways to indicate trademark
* TM (FOR TRADEMARKS PENDING APPLICATION). *® (FOR TRADEMARKS REGISTERED).
55
explain word, device and composite marks and the protection given to each
word - name; protects name and not font/style device - mark comprising an image/graphic; protects overall impression of image e.g. shape/style orientation composite mark - comprises graphics and words; protects both elements including words on the graphics --> E.G. AMAZON
56
explain service marks
Protects brand names, logos, or symbols associated with services (e.g., legal services, delivery services) rather than a product or product manufacturer e.g. FedEx, Netflix, Linkedin
57
define a logo/symbol
A PRINTED/PAINTED FIGURE/DESIGN/CHARACTER NOT CONSISTING OF ANY LETTERS/WORDS/NUMERALS FOR WORD MARKS THAT ARE ALSO USED AS A LOGO, THE TRADEMARK NEEDS TO BE REGISTERED BOTH AS A WORD MARK AND A DEVICE MARKS (IN INDIA – BOTH CAN BE FILED IN SINGLE APPLICATION)
58
explain 'shape of goods'
, OTHER THAN A LOGO OR LABEL A PRODUCT CAN ALSO BE DISTINGUISHED BASED ON ITS PACKAGING e.g. coca cola bottle design and colour scheme; hershey's kisses
59
explain series marks
TRADEMARKS WHICH HAVE A COMMON SYLLABLE, PREFIX OR SUFFIX but differ in some respect, such as color, design, wording, or product type, used to indicate a family of related products or services that vary in specific features like quality, colour e.g. McVeggie, Nuggets, Flurry, Cafe
60
explain collective trademarks
MARKS LINKED WITH A GROUP OF PEOPLE AND NOT ONE SINGLE PRODUCT OR SERVICE. PRIMARILY OWNED BY AN ORGANIZATION, INSTITUTES OR ANY ASSOCIATION. CAN BE USED BY MEMBERS OF THE ORGANIZATION TO REPRESENT THEMSELVES e.g. CA
61
explain certification marks
USED TO DEFINE "QUALITY STANDARDS" OF GOODS AND SERVICES AND ASSURE THE PUBLIC THAT THE CERTIFIED GOOD HAS MET THESE ESTABLISHED STANDARDS e.g. FDA, CDC, FSAAI, ISO
62
explain fluid marks
MARKS THAT CHANGE OVER TIME, ORNAMENTING A STATIC UNDERLYING MARK. NEW APPROACH TO BRANDING E.G. GOOGLE DOODLE (TEMPORARY ALTERATION OF GOOGLE LOGO TO COMMEMORATE HOLIDAYS, ACHIEVEMENTS ETC) ## Footnote ITRETAINSTHEBASICELEMENTSOFTHEORIGINALMARKWHICHCANBEIDENTIFIEDBYCONSUMERS. * RISK:ITISADEVIATIONFROMTHEORIGINALTM,NOTGOODFORBRANDSTHATARENOTWELLKNOWN
63
how can trademarks be exploited by someone other than owner
licensing and assignment
64
define a dependent patent
patent which cannot be worked without falling within the scope of protection of another patent. e.g. new type of engine that improves fuel efficiency. Dependent Patent: unique combustion chamber design that is majorly responsible for efficiency of engine
65
difference between patent of addition and dependent patent
patents of addition are to do with modifications or improvements to the SAME patented product, and are not for new products that supplement the primary patented product e.g. extra features added to the same product
66
define independent and dependent claims
independent - standalone claim that contains all the limitations necessary to define an invention dependent - refers to a claim previously made and must further limit that claim.
67
traditional knowledge
available to indigeneous communities through experience and adaptation and has been developed over generations
68
examples of TK in India
1. Ayurveda - turmeric milk 2. pest control - neem 3. agriculture - selection, ploughing cross polination e.g. sunrise papaya, golden rice 4. yoga - healthcare 5. expressions of folklore - Warli Art
69
threats to TK
1. bioprospecting - exploration of useful organic compounds with commercial viability 2. biopiracy - obtaining IPR to gain monopoly over bio. resources without consent of the community to which resource is indigeneous
70
explain the 3 cases of foreign appropriation of TK (turmeric, neem, basmati rice)
turmeric - USA patented use of turmeric to treat wounds neem - USA patented use of neem oil to control plant fungus rice - USA patented several hybrid strains of rice including TEXMATI ## Footnote patents were challenged by India and later revoked on the bases of lack of novelty, misappropriation and threat to economic welfare respectively
71
positive tactics to protect TK
ACTIVELY safeguarding TK instead of waiting to defend against misappropriation 1. prior informed consent before commercial exploitation BUT in reality doesn't happen as holder tends to lack financial resources to legally defend against large MNCs 2. benefit/profit sharing 3. databases to prevent patenting by others- TKDL 4. using existing IPR systems - copyright, patents, GI
72
defensive (legal) tactics to protect TK ## Footnote prevent others from registering IPR over traditional knowledge
include legislation and govt/national campaigns 1. e.g. Beej Bachao Andolan - works to restore traditional farming knowledge and protecting traditional seed varieties from extinction in Uttarakhand 2. TK Databases like TKDL - evidence of prior art 3. oppose patent attempts 3. international agreements: e.g. WIPO’s Intergovernmental Committee works on international solutions to prevent TK misappropriation
73
what is TKDL
traditional knowledge digital library - prior-art database of traditional knowledge globally to protect against biopiracy
74
how much did LeePharma propose in royalties to Astrazeneca
28k INR over 2 years
75
how much did Natco pay Bayer in royalties
208k INR monthly

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