Bioethics and IPR

11/04/23 1

Swapnil TiwariSwapnil TiwariB.Tech.B.Tech.

(Biotechnology)(Biotechnology)

VIT UNIVERSITY, VELLORE, (TN), 632014

Table of Contents

Introduction Key events and consideration in

history Transformation through TRIPS Case studies Institutional Realities Concluding Remarks References

11/04/23 2

Introduction World Intellectual Property

Organization defines Intellectual Property as legal rights that result from intellectual activity. The intellectual activity may include any activity in the industrial, scientific, literary and artistic fields.

According to the Center for Intellectual Property Rights in India, the major Indian Intellectual properties typically fall into 4 major buckets; Copy Right, Patent, TradeMark and Design Protection.

11/04/23 3

Key events and consideration in history From its colonial roots to present day, India’s

history is chequered with multiple patent law structures and IPR debates. Dating back to 1852, under British rule, India adopted (unwillingly so), a specific patent-like structure within its legislative structure. For rural India, these imposed patent laws represented the limits of their control over their resources.

Overall, this marginalization became one of the sources for mobilization movements for independence and autonomy.

1911 Patent Act is regarded by many a crucial document which spearheaded the desire for emancipation and independence from the British.

11/04/23 4

The Indian government has undergone multiple IPR legislative changes, the first of which being the 1999 Patent(Amendment) Act. This was a serious legislative amendment, as exclusionary clauses of product patents in areas of food, drugs and medicine were removed.

Moreover, in order to be fully recognized by the WTO, Indian officials altered IPR legislation to allow for the patenting of life forms, living organism derivatives, gene patents and components. National IPR law had to also be changed to allow for patents to be valid for 20 years. Reforms took place again in 2002 and by 2005; India was officially following conditions of TRIPs.

11/04/23 5

Organization Structure – IP Offices (India)

11/04/23 6

Ministry of Industry & Commerce

Office of the ControllerGeneral of Patents, Designs

And Trademarks

Designs wing(Kolkatta)

Patent office( Kolkatta, Delhi,

Mumbai, Chennai)

Trade Marks Registry( Kolkatta, Delhi,

Mumbai, AhmedabadChennai)

GeographicalIndications

Registry( Chennai)

Patent Information

Service( Nagpur)

PATENTS As on date, India is fully in compliance with its

international obligations under the TRIPs Agreement.

The Patents Act 1970 has undergone three amendments – 1999, 2002 & 2005.

The III Amendment in 2005 has major implications on the following:

Introduction of product patent protection for food, pharmaceutical and chemical inventions.

Examination The “mail box” applications, from January 01, 2005

11/04/23 7

11/04/23 8

PATENTS FILED IN INDIA

4824

850310592 11466 12613

17466

24415

0

5000

10000

15000

20000

25000

30000

99-2000 2000 -2001

2001 -02

2002 -03

2003 -04

2004 -05

2005 -06

No

s

Source: http://www.indiapatents.org.in

DESIGNS The existing legislation on industrial

designs in India is contained in the New Designs Act, 2000 India had achieved a mature status in the field of industrial designs and in view of globalization of the economy. The present legislation is aligned in view of the changed technical and commercial scenario and made to conform to international trends in design administration.

11/04/23 9

11/04/23 10

DESIGN IPRs filed in India

0500

100015002000250030003500400045005000

99-2000

2000 -2001

2001 -02

2002 -03

2003 -04

2004 -05

2005 -06

Source: http://www.indiapatents.org.in/

TRADEMARKS India affords full protection to trade marks under the

Trade Marks and Merchandise Act. The Indian law of trademarks is protected by the Trade & Merchandise Marks Act, 1958. A new statute i.e. the Trade Mark Act, 1999 has been enacted in India to bring it in conformity with the TRIPs Agreement, to which India is a signatory. Indian Trademarks Act, 1999, came into force on September 15, 2003.

India has made a step towards fulfilling its international obligations. Consequently, the Indian trademark law has now become fully compatible with the International standards laid down in the TRIPs Agreement. The New Act primarily consolidates and amends the old Trade & Merchandise Marks Act, 1958 and provides for better protection of goods and services

11/04/23 11

11/04/23 12

Trademark applications filed in India

0100002000030000400005000060000700008000090000

100000

99-2000

2000 -2001

2001 -02

2002 -03

2003 -04

2004 -05

2005 -06

Source: http://www.indiapatents.org.in/

GEOGRAPHICAL INDICATIONS India, as a member of the World

Trade Organization, enacted the Geographical Indications of Goods (Registration & Protection) Act, 1999 has come into force with effect from 15th September 2003. The source of Geographical origin of the biological material used in invention is required to be disclosed in the specification.

11/04/23 13

COPYRIGHTS India has a very strong and comprehensive copyright

law based on Indian Copyright Act. 1957 which was amended in 1981, 1984, 1992, 1994 and 1999 (w.e.f.January 15, 2000). The amendment in 1994 were a response to technological changes in the means of Communications like broadcasting and telecasting and the emergence of new technology like computer software.

The 1999 amendments have made the Copyright Act fully compatible with Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement. & fully reflects Berne Convention. The amended law has made provisions for the first time, to protect performers’ rights as envisaged in the Rome Convention. With these amendments the Indian Copyright law has become one of the most modern copyright laws in the world.

11/04/23 14

Case studies- Basmati Rice and Bt-Cotton

11/04/23 15

The case of Basmati Rice

On 2 September 1997, Texas based RiceTec Inc. was granted patent number 5663484, for the genetic lines of Basmati rice, by the U.S Patent and Trademark Office(USPTO).Immediately, RiceTec began to develop hybrids using various blends of Basmati. Promoted as an, ‘American type of Basmati rice’.

RiceTec soon came out with hybrid versions: Kasmati, Texmati, Jasmati.

11/04/23 16

On 14 August 2001 USPTO overturned a large amount of claims held under Patent No.5663484. Amidst great public scrutiny and criticism, RiceTec lost the right to use the ‘Basmati like’ advertising slogan. At the discretion of USPTO, out of 20 Basmati patent claims, 15 were withdrawn.RiceTec was able to keep their Indian-American hybrids Texmati, Jasmati and Kasmati.

To the dismay and outrage of citizens and farmers, after the patent withdrawals, the Indian government publicly stated they were very satisfied and wished to drop all other charges.

11/04/23 17

The case of Bt-Cotton   Monsanto developed Bt cotton in

1995; the plant was genetically engineered to include insecticide to fight the common bollworm. The seed includes toxins, which Monsanto alleges will reduce costs for farmers.

Monsanto has publicly admitted that resistance levels of the genetic pesticides in Bt seeds do wear down after the first few harvested seasons.

11/04/23 18

Institutional Realities In an effort to conform to TRIPs, in 2001 India

enacted the Protection of Plant Varieties and Farmer’s Rights Act (PVP).

To allow for plant breeder’s rights (PBR), a community gene fund was set up however it has since been cut, only to resurface as a responsibility of the Biological Diversity Act.

The lack of care for rural communities is evident in the inability of governing officials to fully set up an agricultural policy to the benefit of farmers. Although PBR promotes seed saving, exchange and selling, seed varieties must be protected. In reality most rural farmers do not have the resources to legally protest their varieties.

11/04/23 19

Concluding Remarks Protection of Intellectual Properties

is a very critical element in the offshore business model. There have been many cases where companies have lost their position in the market due to the loss of intellectual property.

Commitment to protect the intellectual property of a company should be developed and nurtured at all levels of the organization.

11/04/23 20

References

Intellectual Property rights protection in India: An analysis

Scientific Writing Techniques And Project Management In Biotechnology- Dr. Simmi Kharb

http://www.indianpatents.org.in/

11/04/23 21

11/04/23 22