Demystifying Intellectual Property Rights

The book titled “Demystifying Intellectual Property Rights” will be useful for beginners & professionals as it tries to remove the misconceptions relating to Intellectual Property Rights (commonly known as IPR).

The book covers in general the various important aspects of Intellectual Property Rights, which are currently in force in India, namely – Patents, Designs, Trade Marks, Copyrights & Geographical Indications. The subject of IPR, especially Patents is a highly complicated subject and has assumed greater importance in the country in recent times, due to the establishment of the World Trade Organization (WTO) along with brining into force of the TRIPS Agreement (Trade Related Aspects of Intellectual Property Rights). The TRIPS Agreement makes the WTO member countries, including India, bring their legislations relating to IPR at par with the international standards. Accordingly, India has not only modified its various legislations relating to Patents, Designs, Trade Marks, Copyrights but has also brought into force a new legislation relating to registration of Geographical Indications. It is very well known that the subject, Patents, is not only one of the important component of IPR but is also a specialized and complicated one, as it involves both scientific & legal issues. Similarly, the other of IPR mentioned above, are also complicated, though to a small extent as compared to patents.

In India, the knowledge about the subject of IPR amongst the various cross-sections of the people is very limited. As a result people very often get confused and misunderstand the various issues concerning IPR. Consequently, the value and the importance of the IPR system is not adequately appreciated. This has resulted in an inadequate protection of the intellectual property generated which is commercially or otherwise important, under appropriate IPR legislations. This book has been prepared based on my long experience as the former Controller of Patents Office, Government of India, (for 22 years), as former Head of the Intellectual Property Management Division, CSIR, the largest public sector R & D Institution in the world (for 13 years) and as an IPR Consultant (for 11 years). The book covers not only the basic aspects of all the components of IPR but also provides guidelines for drafting the techno-legal patent documents, namely, the patent specification. It also includes questions and their answers to the Qualifying Examination for registering as patent agents held by the Controller of Patents, during the last few years. The format of various agreements relating to IPR have also been included in the book. The book intends to remove the misconceptions about IPR, which currently prevail in the minds of the Indian public. With the above intention, the presentation of the book has been structured in the form of Frequently Asked Questions (FAQ). Such a unique presentation, it is hoped, would help those who desire to utilise the IPR system by understanding the complicated subject clearly and easily, which is otherwise very difficult to grasp, and consequently would appreciate the importance and value of the system adequately.

It is the earnest hope of the author that the above objectives will be achieved to a certain extent, if not completely, by the book.

Preface ..................................................................................................... vii
Acknowledgements ..................................................................................... ix
About the Author ....................................................................................... xi
Table of Contents .................................................................................... xiii
Index .................................................................................................. 1011
PART A: INTELLECTUAL PROPERTY RIGHTS (IPR)
A.1 General: Frequently Asked Questions on IPR
and their Answers ......................................................................... 5

CHAPTER 1: PATENTS
1.1 Frequently Asked Questions and their Answers ......................... 25
1.1.1 Specimen Copy of Commonly used Forms .................. 153
1.1.2 Specimen Copy of Letters Patent .................................. 181
1.2 Answers to the Questions Contained in the Question
Papers of Patent Agents Examination Conducted in
Earlier Years and their Answers ................................................ 185
1.3 Guidelines for Drafting Patent Specifications .......................... 335
1.4 Format of Patent Specification .................................................. 381
1.4.1 Engineering Field: Format of Provisional
Specification .................................................................. 383
1.4.2 Engineering Field: Format of Complete Specification
after Filing Provisional Specification ............................. 397
1.4.3 Engineering Field: Format of Complete
Specification — Directly Filed ..................................... 429
1.4.4 Format of Provisional Specification in Respect of
Invention Involving use of Microorganism ................... 465
1.4.5 Format of Complete Specification after Filing
Provisional Specification in the Field of Invention
Involving Microorganisms ............................................ 477
1.4.6 Chemical Field: Format of Complete Specification
(Pharma) ....................................................................... 499
1.4.7 Chemical Field: Format of Complete Specification
(Chemical Composition) .............................................. 539
Demystifying Intellectual Property Rights
1.4.8 Chemical Field: Format of Complete Specification
(Biotechnology)............................................................. 561
ANNEXURES
A List of Registered Patent Agents............................................... 591
B List of Authorised Depository Institutions .............................. 783
C Specimen copy of Laboratory Record Book ............................. 789
D Members of Paris Convention .................................................. 797
E PCT member Countries ........................................................... 805
F WIPO member Countries ........................................................ 813
G WTO member Countries......................................................... 817

CHAPTER 2: DESIGNS
2.1 Frequently Asked Questions and their Answers ....................... 827
2.2 Specimen Commonly Used Application Forms ....................... 843
2.3 Specimen Representation of Designs ....................................... 849
2.4 Specimen Design Registration Certificate ............................... 853

CHAPTER 3: TRADE MARKS
3.1 Frequently Asked Questions and their Answers ....................... 861
3.2 Specimen Commonly Used Application Forms ....................... 885
3.3 Specimen Representation of Trade Marks ................................ 893
3.4 Specimen Trade Mark Registration Certificate ........................ 901

CHAPTER 4: COPYRIGHT
4.1 Frequently Asked Questions and their Answers ....................... 909
4.2 Specimen Copy of Application Forms...................................... 925
4.3 Specimen Copy of Registration Certificate .............................. 933

CHAPTER 5: GEOGRAPHICAL INDICATIONS
5.1 Frequently Asked Questions and their Answers ....................... 941
5.2 Specimen Copy of Application Forms...................................... 959
5.3 Specimen Copy of Representation of GI ................................. 965
5.4 Specimen Copy of the Certified Copy of the
Map of the Territory ................................................................. 971

CHAPTER 6: FORMAT OF STANDARD AGREEMENTS USED IN IPR
6.1 Guidelines to be Considered while Entering into a
Licensing Agreement ................................................................ 979
6.2 Format of Specimen Copy of the Format of Technology
Transfer (Licensing) Agreement ............................................... 985
6.3 Format of Specimen Copy of the Format of Secrecy
(Confidentiality) Agreement .................................................... 997

CHAPTER 7: DO’S & DONT’S FOR AVAILING THE BENEFITS OF IPR
Do’s ................................................................................................ 1007
7.1 Patents .................................................................................... 1007
7.2 Designs ................................................................................... 1008
7.3 Trade Marks ............................................................................ 1009
7.4 Copyrights .............................................................................. 1009
7.5 Geographical Indications ....................................................... 1010
Dont’s ................................................................................................ 1010

N.R. Subbaram is a scientist and an advocate and holds an M Sc degree in Organic Chemistry from Mumbai University and an LL B degree from Kolkatta University. He has spent his entire career, spanning 47 years in the area of patents. He served the Patent Office, Government of India for 22 years, holding various responsible positions including the post of Controller of Patents. He also served the Intellectual Property Management Division (IPMD) (Director Grade) of CSIR, the largest Public Sector Research and Development Institution in Asia, as the Head, for 13 years. N.R. Subbaram has been, for the last 12 years, actively engaged in providing expert advice on matters relating to IPR, particularly patents, to many leading organisations/institutions in the country.

As the Controller of Patents, N.R. Subbaram has adjudicated many patent disputes and is well conversant with patent law, practices and procedures which are followed in the Indian Patent Office. As the Head of IPMD, CSIR, he has helped many scientists to secure patents, both in India and abroad. He has also been instrumental in framing the CSIR IP Policy. He took initiatives to propagate the importance of IPR and also educate cross sections of people in the country on the value and importance of IPR particularly the patents system. In this context, he also organised various awareness programmes throughout the country which were very well appreciated for their informative content, practical utility and authenticity.Subbaram has also authored many papers and booklets on various aspects of patents which are very well circulated; prominently the book titled Handbook of Indian Patent Law & Practice, in 1998. He has also been known to represent the country in many International Seminars on IPR held within India and abroad. Including this, he has the unique distinction of spearheading India’s success in getting the US patents on turmeric revoked.