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Biotechnology Paper No. : 05 Environmental Biotechnology Module : 38 Copyrights, Trademarks, Trade secrets, Patents, Geographical Indications Principal Investigator: Dr Vibha Dhawan, Distinguished Fellow and Sr. Director The Energy and Resouurces Institute (TERI), New Delhi Co-Principal Investigator: Prof S K Jain, Professor, of Medical Biochemistry JamiaHamdard University, New Delhi Paper Coordinator: Dr Sanjukta Subudhi, Sr.Fellow, The Energy and Resouurces Institute (TERI), New Delhi Content Writer: Dr A Vijaya Chitra, Assistant Professor, Sree Narayana Guru College, Coimbatore, Tamil Nadu Content Reviwer: Dr K Nantha Kumar, Fellow, The Energy and Resouurces Institute (TERI), New Delhi Environmental Biotechnology Biotechnology Copyrights, Trademarks, Trade secrets, Patents, Geographical Indications Description of Module Subject Name Biotechnology Paper Name Environmental Biotechnology Module Name/Title Copyrights, Trademarks, Trade secrets, Patents, Geographical Indications Module Id 38 Pre-requisites Objectives Keywords Environmental Biotechnology Biotechnology Copyrights, Trademarks, Trade secrets, Patents, Geographical Indications Table of contents 1. Learning Objectives 2. Introduction 3. Copyrights 4. Trademarks 5. Trade secrets 6. Patents 7. Geographical Indications 8. Summary 1. Learning Objectives This module is intended to figure out different forms of Intellectual property Rights with exceptional reference to copyrights, trademarks, tradesecrets, patents and Geographical indications. From this module, we can understand the concepts of copyrights, the theory behind trademarks, trade secret and about Patent and its filing procedures and also about geographical indications. 2. Introduction Intellectual Property Rights are statutory rights once granted allows the creator(s) or owner(s) of the intellectual property to exclude others from exploiting the same commercially for a given period of time. It allows the creator(s)/owner(s) to have the benefits from their work when these are exploited commercially. 3. Copyrights Copyright is a form of intellectual property that grants the owner the exclusive rights to use and distribute it to the public. Copyright provides the owner the rights to reproduce, to sell and also to modify it to other form of artistic work, for example the novels - Harry Potter fantasy series is authored by J K Rowling and the novels are created as films by Warner Bros who have purchased the film rights of the novel from Rowling. Copyrights protects the original work of the author which includes literary works such as plays, poems, novels and artistic works like music, songs, movies, drama. Copyright is also granted for architectural works, software, drawings and photos. Copyright in India In India, original works are protected legally with the aid of The Copyright Act 1957. This Act came in to effect from January 1958. This act protects the literary works, artistic works, films, recordings from unauthorized users. Copyright protects the expressions and not the ideas. The Copyright Act has been amended six times since 1957. The amendment years Environmental Biotechnology Biotechnology Copyrights, Trademarks, Trade secrets, Patents, Geographical Indications include 1983, 1984,1991,1994,1999 and 2012. Apart from this Copyright rules was framed in 2013 and the same has been amended on 2016. The copyright protection term depends on the type of work. Literary or artistic or musical works have copyright protection throughout the life of the author and extends till 60 years from the year of death of the author. Performers and broadcast channels have 25 years. For software copyright is for 60 years. Copyright of Indian Copyright Act is valid only in India and not applicable in other countries. Indian works can be protected in foreign countries by the following conventions. Berne Convention for the Protection of Literary and Artistic works. Universal Copyright Convention. Convention for the Protection of Producers of Phonograms against Unauthorised Duplication of their Phonograms. Multilateral Convention for the Avoidance of Double Taxation of Copyright Royalties. Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement. India is a signatory in all the above conventions Copyright in cyberspace is an imminent issue and so the World Intellectual Property organization(WIPO) has come up with two treaties to protect creative works on the internet. The treaties include WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty (WPPT), known as the “Internet Treaties”. These treaties prevent unauthorized use of creative works on the internet. 4. Trademark Trademark is a design, sign or expression that is associated with a product. Trademark helps to protect the possessor his product and ideas and avert others from misusing it. A trademark used to identify a service is known as the service mark. Trademarks help an individual to identify the products or services of a particular company and to distinguish it from other goods. Trademark includes word, letter, figure, number, name, shape, color, design or the combination of these. Examples: The apple logo of laptop The logo of adidas The f in facebook The M in Mc donalds Environmental Biotechnology Biotechnology Copyrights, Trademarks, Trade secrets, Patents, Geographical Indications Few more examples Source:https://featuredcontent.psychonomic.org/when-south-butt-makes-you-think- of-buying-north-face/ Symbols of trademark • TM – an unregistered trademark which is used to promote goods • SM – an unregistered servicemark which is used to promote services • R – registered trademark A registered trademark helps to have legal security for the mark throughout the country. In India, registration of trademarks is governed by the Trademarks Act 1999. The main objective of the act is to register the trademarks and protect trademarks for goods and services. It also intends to prevent counterfeit of the trademark. An amendment of this act was done in 2010 and called the Trademarks (Amendment) Act, 2010. For registration of trademarks in India applications are to be submitted to the Controller general of Patents, Designs and Trademarks, Ministry of Commerce and Industry, Government of India. Trademarks can also be registered worldwide using Madrid – the International Trademark system. Registering trademarks using Madrid system gives protection for that trademark in nearly 116 countries. India is a member of the Madrid protocol and so citizen of India is eligible to register the trademark in the Madrid system. Nationals of nonmember countries cannot register their trademark under Madrid system. Environmental Biotechnology Biotechnology Copyrights, Trademarks, Trade secrets, Patents, Geographical Indications Other trademarks Collective trademark It is a trademark used by a particular association or organization that indicates membership in the group. The members of the group use the mark for their good and services and distinguish goods and services of members of an association from those that of nonmembers. Collective marks are usually set with a high level of quality or standards or geographical location or any other characteristic that differentiates them clearly. Example: CA - Institute of Chartered Accountants Certificate mark Certificate marks are marks that denote that the product comply the defined standard as set by the regulatory body or by the owner of the certification mark Examples: BIS Hallmark – Certificate for purity of gold ISO 14000 – Certificate of standards for an effective Environmental management System Agmark – Certificate for agricultural products FPO mark – Certificate mark for all processed fruit products Silk Mark – Certificate for silk textiles 5. Trade secret A trade secret is a valuable information that deserves secrecy because of its commercial value. It is kept confidential by the holder or the authorized organization or the company. Trade secret includes formula, instrument, process, pattern, program, technique or an information. Generally trade secrets are not accessible to public and anyone who unlawfully uses it would be considered as an unfair practice and breach of confidence. North American Free Trade Agreement (NAFTA) defines a trade secret as “information having commercial value, which is not in the public domain, and for which reasonable steps have been taken to maintain its secrecy.” According to Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement), trade secret should be kept secret, have commercial value and have been subject to reasonable steps such as confidential agreements, non disclosure agreements, work for hire to keep the information in secret. International treaties for trade secret Trade Secrets are protected in different countries by a large number of agreements. Some of them include . North American Free Trade Agreement (NAFTA) . General Agreement on Tariffs and Trade (GATT ) Environmental Biotechnology Biotechnology Copyrights, Trademarks, Trade secrets, Patents, Geographical Indications . Trade-Related Aspects of Intellectual Property Rights (TRIPS) According to the Article 39 of TRIPS agreement trade secrets are protected lawfully and any approach contrary to honest commercial practice would be considered as breach of confidence or contract. India and trade secret In India, there is no specific legislation for trade secret but they are protected by legislations that have connection with trade secrets. Some of them are, 1. Copyright Act, 1957 2. The Designs Act, 2000 3. The
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