‘Intellectual Property Rights Knowledge – a need of an hour ‘
By Ganesh S. Hingmire,
( B.Sc. LL.B, LL.M.( UK), M.Phil.)
Chairman, GMGC[1],
Pune, India,
The present article is nothing but a small info sheet providing various recent examples and cases on Intellectual Property Rights ( IPR). This will assist the legal fraternities to understand the growing importance of IPR at national and international level.
Introduction to IPR
The property which is created by intellect is an Intellectual Property (IP). It has got immense importance in today's global village. Individual and industries need to be very much concerned with their IP rights. We come across many kinds of IP in our day to day life but sometimes we are not realizing it, pertaining to this we have to be aware about the very fabulous & interesting IP world.
Some well known individuals are now aware about their IP rights and started protecting it. Recently the great Indian musician Ravi Shankar filed a case against the producer of movie Slumgdog Millionaire for violation of copyright. In addition to this Lata Mangeshkar and Asha Bhosle the two legends of music world came together to protect their performance right. Reputed Indian industries are also now taking recourse of IP violation. Lately Tata won the case against MakeMyTrip in WIPO, Geneva. Further more Indian automobile giants Bajaj and TVS are fighting on Patented DTSi technology. The verdict in this case will change the entire scenario of IP in automobile sector. The IP news on Tirupati Laddu and Banarasi Saree attracting intellectual communities. The knowledge about such kind of important IP news has become need of an hour. Morever updated information has now considered as a currency of today's commercial world.
IPR AND TECHNOLOGY
Rapid development in technology gave more importance to Intellectual Property Rights which created opportunities and challenges to IP creators. Generally all IP’s such as Patent, Copyright, Trade Mark and Designs are beneficiaries and victims of Technological enhancement. In copyright the author of Harry Potter took benefit of advancement in printing technology. She made millions of copies of her work and sold out all over globe. However scanning and other related technology took her book without her permission on internet and violated her copyright then she filed a case against infringement. There has been various news on mobile companies, especially their war on patents. The recent patent application filed by Nokia for self charging mobile and Japan’s base KDDI’s patent application for technology fixed on mobile phone to keep track of mobile holder is attracting the ordinary public as well as industrial stakeholders.
SCOPE OF IPR
The scope of IPR is national as well as international. The national laws of particular countries protect IPR at their land, for e.g. Indian Patent Act 1970 is protecting the patentable invention of Indian nationals in India, on otherwise an Indian inventor is entitled to get legal status for his creation for Indian Territory.
India is member of various international organisations & also signed the different international treaties on IPR. India is founder member of World Trade Organisation & hence was under obligation to amend its law as per the IPR. Agreement under WTO regime namely TRIPS ( Trade Related Aspect of Intellectual Property Rights ). India amended Indian Patent Act 1970 in 1999, 2002 & 2005. India also enacted new version of Trade Mark Act 1999, India enacted new law on Geographical Indication (1999) likewise India made changes or incorporated new legal regime for IPR because of obligation from international organisation, WTO.
India's change in IPR enhanced the scope for Indians internationally or vice a versa for foreigner, they can protect their intellectual work in India now. India signed Paris Convention on 7th December, 1998 & India is member of Berne Convention & Universal Copyright Convention. These treaties also placed the scope of Indian IPR internationally. The author of 'Harry Potter' is protecting her copyright work in India because she was aware of the fact that India is member of Berne Convention and Universal Copyright Convention.
Recent interesting examples on Importance of IPR
- Case on Patented SMS Technology :-
It should be pertinent to note that most of us operate an Intellectual Property everyday in the form of SMS through your mobile which is patented by university of Texas. This conveys that Intellectual Property has become a part of our day to day life. Likewise there are numerous examples which bring out the importance of IP. The SMS which you send daily is patented. It means nobody can use that articular technology without the consent of the referred university. In that case it would amount to infringement and would incur damages for the same. The university has sued more than thirty manufacturers including Nokia and Sony Ericsson and claimed for hundreds of millions of dollars for the same. Also the university filed cases against 56 companies for infringement in 2005.
- Microsoft Spy patent application:
Microsoft has developed a software, a Spy software and has been applied for a patent which shall keep a track of the work which the employee has been doing during the course of the day. Dharmashastra has been telling us from ages to do your karma, now Microsoft will tell you to work on your karma, do the allotted work otherwise you will be losing money at the end of the month. It shall give a detailed report of the time for which the employee was actually working on the project allotted to him. If the employee is working on other irrelevant part or visiting some matrimonial websites or any other websites the report shall be sent
instantly to his senior associate and shall be accountable for the same. It shows the importance of IPR at workplace.
- Forty Patent Applications by Tata Nano:
Tata Nano has applied for forty patent applications , a proof of growing
awareness of Intellectual Property Rights in the automobile sector. There is an increasing need to patent the inventions and legally secure them to exploit effectively for the well being of the inventor and society. (Briefly we can put it in this way that invention is a technical solution to a technical problem. Whenever there is a technical problem, by providing a technical solution to solve it leads to a creation to which rights are attached in the form of Intellectual Property Rights, and more specifically Patent rights.)
Costly and bigger size car was a problem and solved by Tata Nano comprising various inventions; in other words Tata’s invention created separate industries for Nano and its inventions. And industries will create employment and revenue to the government.
- Yoga Patent:
Apart from the basmati, turmeric and Neem case patenting of which was severely opposed by India. I would like to discuss here the most recent example in this regard is patenting yoga. It is indeed very unfortunate that a migrated Indian to US, Mr. Bikram Batra has patented the traditional knowledge of India in US may be for his commercial benefits. It goes with a simple relation that “If you don’t do it, someone else will do it”. If you don’t protect and secure your traditional knowledge it will be used by others. Indian Government is in the process of formation of TKDL (Traditional Knowledge Digital Library) in this regard but it is going at a very slow pace giving chance to countries like US to patent our TK like yoga. India must certainly take some steps to prevent it because yoga cannot be used and run like a company. TKDL will serve the purpose of providing all the particular details of India’s traditional knowledge to prevent its exploitation by others. In other words country shall refer to TKDLfor prior art search before patenting a product or process which certainly relates to Indian Traditional Knowledge. The data, which will be translated from ancient Sanskrit and Tamil texts, will be stored digitally and be available in five international languages.
A Sanskrit word, yoga means the union of body and soul and is being practiced in India for thousands of years. Yoga finds mention in scriptures - the Upanishads and Puranas - composed by the Aryans in the Vedic and post-Vedic period. The US Patent and Trademark office has issued 150 yoga related Patent applications, 134 trademarks on yoga accessories and 2,315yoga trademarks. We don't take our possessions seriously until someone else tries to grab it from us. Patenting of yoga which has roots in India must not happen overseas and due steps must be taken by Indian Government to prevent such unfortunate event.
- One Invention = one Patent = one Industry:
I would like to put the whole concept of patent into the above referred simple equation. So if Tata Nano applied for 40 patents, it leads to 40 industries. For example, there was a problem for the students as well as the tutors because of the dust from the chalk. Someone uses all his expertise and research skill to invent a dust free chalk and he is entitled to get a patent for that dust free chalk. So he becomes an inventor and he has the right to exploit it accordingly which creates an industry. This example supplements the object to grant patent which is to create an industry, and thus boost the economy which generates revenue and employment to the people and government respectively.
- India a new hub of patent outsourcing:
India is nowhere close to US and China as far as patent filing is concerned. According to estimates, about 1.8 lakhs patent applications were filed last year world-wide for PCT and the filing cost was between $30 billion to $32 billion. Patent outsourcing requires skilled labour which is mainly occupied by US legal firms accounting to 60% of the total work. Indian legal industry is expected to grow on that account creating about 6950 jobs by 2012.
IP currently accounts for 45% of the LPO market and is expected to grow in coming 3-4 years. These statistics shows that IP will be creating a lot of job opportunities in coming years and the legalites who shall be expertise in the referred subject shall be recruited largely by US as well as Indian firms. India is likely to witness a bigger growth curve in this arena. (Times of India)
- Harry Potter:
Not children but adults are also crazy for this boy “Harry Potter”. Presently J.K Rowling, the author of the Harry Potter Series is earning more than Queen Elizabeth just because she successfully exploited her Intellectual Property Rights in the form of Copyright. She could value her Intellectual property in millions because of her copyright for the same.
- Tirupati Laddu:
Another important Intellectual Property is Geographical Indication (GI) and also one of the most ignored IP. Literally speaking, “GEOGRAPHICAL INDICATION” (GI) indicates the origin of goods and services. It promotes commerce and plays a important role in structuring the position, status and economy of the country. It protects distinctiveness, uniqueness due to the skills and conditions involved , thus providing necessary quality to the customers . Protection is provided nationally and is supported through various international
treaties in this regard. Members should comply with the provisions laid down in these treaties and implement it as suitably within their legal framework. Sec 1(3) (e) of GI act defines Geographical Indication as an “Indication of the origin of goods which projects quality, reputation and other characteristics directly attributable to the territory, locality, region or place of its geographical origin”. “Tirupati Laddu” is famous worldwide among devotees of Tirupati. Vendors from and around that area of the temple would manufacture Laddu called “Tirupati Laddu”. The authentic laddu is prepared only at the temple. This was noticed by Temple authorities and an application for registration of GI was made accordingly to obtain protection for the same so that no other person could manufacture the laddu except the temple authorities. Likewise our organization is working on several GI projects in various states of India. To name a few we have filed applications for Mahabaleshwar Strawberry, Paithani Saree, Nashik Grapes and were successful in getting a GI for “Puneri Pagadi” which is an Intellectual Property of Pune city. I believe that GI can be a most important tool for the economic development of the country by various ways like providing employment to the needy, incentives to the people working at grass roots, to augment exports and to help MSME (Micro, Small and Medium Enterprises).
2010 - 2020 can be intellectual decade for India?
Plan for a decade became an essential task for any country now. Some well known international organization already started such type of practice and received great success. In 1960 the General Assembly of United Nation Organization passed a resolution namely UNDD, United Nation's Development Decade, through this they have started planning for next ten years. Member nations concluded mainly that International Trade could be main tool to achieve the development and then they all concluded with UNCTAD (United Nations Conference on Trade and Development) and UNCITRAL (United Nations Commission on International Trade Law). Later on these two organs helped greatly to both developed and developing world. India adopted various policy made by UNCITRAL and enacted and amended its laws. The law dealing cyber crimes in India is known as Information Technology Act 2000 which is based on UNCITRAL's E Model. Now, country like India can adopt the model of development for coming decade and plan accordingly. In the present global scenario it seems that Intellectual Property Rights could be used as a tool for development in India for coming decade.
Now India is ranked third in developing countries for filing the International Patent applications under Patent Co-operation Treaty. However the figure shows big difference between the second ranked and India. China is ranked second among developing country which files more than 5000 PCT applications per year whilst India is not touch the figure of 1000. It is now become a essential time to think about such situations and need to do something at our level best.
Our Initiatives
The Great Mission Group Consultancy has been constituted in Pune to promote Intellectual Property Rights among students, inventors and various local units. We have been recognized by the World Trade Organization (WTO) as a Training and Research Organization (Ref no. 0356). We are also an associate member of International Organizational for Geographical Indication based in Geneva. Two representatives from GMGC attended the seventh Ministerial Conference of WTO at Geneva in December 2009. One of our representatives attended the Japan Patent Office for JPO-IPR Program at Japan in November- December 2009.
We have been involved in Intellectual Property related promoting activities since 2006. We have conducted IP related seminars in association with Patent Office of the Government of India at Pune, Goa, Aurangabad and Nasik. We are associated with many companies, firms and organizations on national and international level for Intellectual Property work. We provide consultancy on Patent, Trademark, Copyright, Geographical Indication, Industrial Design and WTO. Our trademark work includes the registration of the much talked about Lalbaughcha Raja. Our patent work includes the electric foldable bike and pollution control device among others. We have also represented individuals and firms on copyright application. GMGC has been successful in registering the maximum number of Geographical Indications from Maharashtra including the Puneri Pagadi, Mahabaleshwar Strawberry, Nasik Grapes and Paithani Saree. Now, we seek association with Bar Council of Maharashtra and Goa to bring more IP revolution in Maharashtra and Goa especially through IPR training programs for lawyers. Unfortunately IPR is an optional subject in maximum Universities in Maharashtra, hence we feel such initiative on globally important law will help to equip our advocates to protect India’s intellectual assets and will also prevent foreigners invasion on India Intellectual Properties.
Prof. Ganesh S. Hingmire
Email :- ganesh.hingmire@gmail.com
[1] GMGC is as Training and Research organisation Recorded by WTO(Ref.no.-00356). GMGC is also an associate Member of International Organisation for Geographical Indication based in Geneva. Furthermore GMGC represented for IP trainers program at Japan Patent Office, Tokyo and mainly represented maximum GI products from State of Maharashtra including Puneri Pagadi, Mahabaleshwar Strawberry, Nasik Grapes and Paithani Saree. GMGC so far Published various literature and conducted IPR training programs in association with State and Central Government agencies at different part of India. ( for more detail visit www.gmgc.co.in)
