Patents and Design Act, 1970 PDF

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Patents and Design Act, 1970

• A brief discussion on intellectual property rights (IPRs), which
includes industrial properties such as Patents, Trademarks,
Industrial designs, Geographical Indications, Trade secrets and
• Types of patents and procedure for filing of patents with
reference to drugs and pharmaceuticals in India 2
Intended Learning Outcomes

At the end of this lecture, the student will be able to:

•Explain the importance of Geographical indications

• Identify the products with a GI tag 3
What is Geographical Indication?

• A geographical indication (GI) is a name or sign used on certain

products which corresponds to a specific geographical location

or origin (e.g. a town, region, or country) 4
▪ GIs are denominations that identify a good as originating in

a region or locality, where the reputation and quality of

good is essentially attributable to its geographical origin

▪ TRIPS prohibits the use of GIs in such a way as to cause

deception and provides for injunctive relief, refusal of

trademark registration, etc

▪ The term of protection is for 10 years 5
Why GI is to be protected ?

• Denote quality and origin of products

• Good reputation for the product

• Preventing the product from generic products

• Protecting the domestic market from competitors

• Preserves Traditional Knowledge (TK) and Traditional
Cultural Expressions (TCEs) 6
Advantages of GI:

• Legal protection and preventing from unauthorized

• Benefits for farmers and local producers

• Boost the rural development

• Reduces unfair practices of trade

• Preserving local culture and resources

• Provides complete information to consumers 7
Categories of GI (Class of goods)

• Agricultural goods
GIs Registry of
• Handicrafts
India- 272
• Manufactured goods registrations
• Food stuffs till date
• Natural goods 8
State wise list of GIs
• Karnataka- 28 • J& K- 5
• Kerala- 20 • Bihar- 4
• Tamil Nadu- 24 • HP-4
• UP- 21 • Manipur- 3
• Odisha- 15 • Assam- 3
• AP- 12 • Punjab- 1
• Telangana- 11 • Haryana- 1
• Rajasthan- 11 • Goa-1
• Maharasthra- 10
• West Bengal-8
• Gujarat- 8
• Nagaland- 7
• MP- 6
• Chattisgarh- 5 9
Protection of GI internationally

Paris Convention (1883):False indication

Madrid Agreement (1891) :False and deceptive indication

Lisbon Agreement (1958):Define appellation of origin

TRIPS Agreement (1994) :First International treaty bound to
protect GIs and to enforce its application


3/10/2023 10
Who can apply for the registration of a geographical indication?


• Any association of persons, producers, organization or

authority established by or under the law.

• Registered proprietor

• Authorized user

• Producer 11
Contents of the Application

• Every application for the registration must contain-

A statement as to how the GIs serves to designate goods as
originating from the concerned territory of the
country/region/locality in the country

• The class of goods to which the GI shall apply

• The Geographical map of the country, region or locality in the
country in which the goods originate or are being
manufactured. 12
Contents of the Application

• The particulars regarding the appearance of the GIs as to
whether it comprises of the
✓ words or figurative elements or both.
✓ Mechanism to ensure quality, standards, uniqueness
✓ Special human skills
✓ Name and address of the associations
✓ Inspection structure for maintaining quality
✓ Protection measures for eliminating infringement 13
Traditional Knowledge and Intellectual
• The current international system for protecting intellectual
property was fashioned during the age of industrialization in
the West and developed subsequently in line with the
perceived needs of technologically advanced societies

• However, in recent years, indigenous peoples, local
communities, and governments, mainly in developing
countries, have demanded equivalent protection
for traditional knowledge systems 15
Traditional Knowledge and Intellectual
• In 2000, WIPO members established an Intergovernmental
Committee on Intellectual Property and Genetic Resources,
Traditional Knowledge and Folklore (IGC), and in 2009 they
agreed to develop an international legal instrument (or
instruments) that would give traditional knowledge, genetic
resources and traditional cultural expressions (folklore)
effective protection 16
Traditional Knowledge
• Traditional knowledge is a living body of knowledge that is
developed, sustained and passed on from generation to
generation within a community, often forming part of its
cultural or spiritual identity

• Knowledge has ancient roots and is often informal and oral

• As such, it is not easily protected by the current intellectual
property system, which typically grants protection for a
limited period to inventions and original works by named
individuals or companies