intellectual property: emerging indian ip legislations and their impact on businesses

Emerging Indian IP legislations and their impact on businessesbyVikram Pratap Singh Thakur

Agenda

Copyright (Amendment) Bill, 2010 Protection and Utilization of public

funded Intellectual Property Bill, 2008

National Innovation Bill, 2008 Trademark (Amendment) Bill, 2009 The Traditional Knowledge

(Protection and Management) Bill, 2010

Copyright (Amendment) Bill, 2010

Copyright (Amendment) Bill, 2010 Major amendment to Indian

Copyright Act, 1957 Introduced in the Rajya Sabha on

April 19, 2010 objective

Provide for additional provisions and update the existing provisions to cater to the current requirements.

Important provisions

Modifications with regard to cinematographic works and sound recording

Exception list expanded Disability provision Parallel import

Digital Rights Management (DRM) Provisions

Protection of technological measures

Digital Rights Management (DRM) Rights management information:

title or other information identifying the work or performance, name of the author or performer, name and address of the owner of rights, terms and conditions regarding the use of the rights number or code that represents the above information

Imprisonment and fine (plus civil remedy) Without authority, remove or alter rights management

information, or Knowingly distribute, import, broadcast or communicate ▪ Without authority▪ With removed or altered rights management information

Protection of technological measures Anti-circumvention of technical measures adopted to

protect copyrighted content Imprisonment and fine

▪ Circumvented with intention to infringe rights Exceptions

encryption research - use lawfully obtained encrypted copy; testing the security of a computer system or a computer

network with authorization; circumvent technological measures intended for

identification or surveillance of a user; lawful investigation; and taking measures necessary in the interest of national

security

Business impact

Increased level of protection for copyrighted works Software Cinematographic, musical, etc.

Low priced editions of works can be imported

Protection and Utilization of public funded Intellectual Property Bill, 2008

Protection and Utilization of public funded Intellectual Property Bill, 2008 Popularly known as the Indian Bayh-Dole

provides incentives for creativity and innovation and promote commercialization of inventions by providing certain benefits

promote collaboration between government, private enterprises and NGOs

increase awareness about IP issues in universities, academic and research institutes

encourage innovation and promote self-reliance.

Important Provisions

Vesting of IP rights IP management committee Sharing of royalty Preference to national industry

Business Impact

Better collaboration between govt. and private sector

Streamlining of universities Tech transfer and licensing

National Innovation Bill, 2008

National Innovation Bill, 2008

Objective Facilitate public, private or public- private

partnership initiatives for building an Innovation support system to encourage Innovation

Evolve a National Integrated Science and Technology Plan

Codify and consolidate the law of confidentiality in aid of protecting Confidential Information, trade secrets and Innovation.

Important Provisions

Support innovation Special measures for supporting

initiatives which deal with low cost technologies

Incentives for angel investors Other facilitation measures

Public private partnerships IP Exchange (IP Market)

Confidential information

Business Impact

Statutory protection for confidential information Easy to interpret Trade secret vis-à-vis patent

Easy to identify potential licensors and licensees (IP exchange)

Innovation support provided

Trademark (amendment) Bill, 2009

Trademark (amendment) bill, 2009 10 August, 2010 – passed by Rajya

Sabha Incorporate the Protocol Relating to

the Madrid Agreement concerning the International Registration of Marks.

The Madrid Protocol will facilitate the filing of trademark applications across the world through a single application with the national office.

Important Provision

Provisions on international registration of trade marks under the Madrid protocol.

Business Impact

Simultaneous protection of trade marks in multiple jurisdictions

Provides an easier and economical route

Obtain faster protection

The Traditional Knowledge (Protection and Management) Bill, 2010

The Traditional Knowledge (Protection and Management) Bill, 2010 Protection and conservation of TK Prevention of misuse of TK Benefit sharing

Business Impact

Collaboration and sharing

Process streamlined and easier

International scenario

US reform bill and India–EU FTA US

First to file Opposition – Post grant review Best mode – not a criteria for invalidation USPTO to set and access own fees

INDIA-EU FTA Harmonization of IP laws Major changes required by EU in Pharma

sector

Thank You!

www.bananaip.com www.sinapseblog.com