Intellectual Property Rights

INTELLECTUAL PROPERTY RIGHTS-LAW AND PRACTICE

A Report by UHRF UNITED HUMAN RIGHT FEDERATION

United Human Rights Federation United Human Rights Federation (UHRF) is the organisation of international ramifications and working in different fields all over the world for protecting the human race with its dignity. UHRF with the help of experts, volunteers and in association with several agencies, are closely observing the affairs and activities of various countries in the field of politics, economy, foreign trade, business, safety and security measures ensured by the respective governments to its citizen. Making efforts to provide solution to the problems by appraising the cause and extending help to the people and societies of the native country through our organisation and effective administration of those countries.

Vision: The Vision of UHRF is to form fearless and non-succumbing society on the basis of truthfulness & nonviolence.

This society will allow peaceful existence of all types of physically challenged persons, schedule castes, schedule tribes, people below poverty line, old-aged, widow & deserted women and down trodden people irrespective of their caste, creed, sex and religion. This society in its majority will be constituted by the believers in human rights and the activists consequently reducing the pool of wrongdoers. UHRF visualizes a society of human rights followers.

Objectives: To be one of the prime organizations of the world ensuring basic human rights and encouraging human rights activities.

To organise and proces UHRF working by opening up different cells viz. Human Rights Helpline, Family Discipline, Advisory Centres, Public Justice Legal Aid Centres, Crime Prevention Team, Information Gain Centres, National and International Committees, Accident Relief Centres, Scheduled Castes and Scheduled Tribes Help Centers, Women and Labour Welfare Centres, Medical Legal Relief Centres for helpless, Consumer Forum Centres, Inquiry Committees, Centre for Government's Project etc.

To Create awareness among the people so they can voice their complaints/grievances to UHRF against injustice. These complaints will be verified by UHRF for their validity and human right violations issues and carried forward for justice.

To bring under the banner of human rights, all the like minded people of the world. The organisation appeals to the people of the world to join UHRF and contribute some of your time for the cause of human rights.

To continue to form and maintain a society concious of its human rights. This will be done by activities viz. Legal literacy awarness, medical reliefs, Lok Adalats, Janta Darbar and with the support of National Legal Service Authority, Administration and with the support of many National and International committees, councils, UNO, NALSA, NGOs, social workers, Central and State governments, NRI etc.

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Philosophy: "Vasudhaiva Kutumbakam (The whole world is one family)” All human beings are equal and born free. The only permissible discrimination amongst the people of the world is for geographical identification only. Human Rights are yardsticks against which people measures their Governments’ and Public Officials’ conduct and through which the global community as a whole ought to measure its progress.

No nation can move along the true democratic way of life without the real democracy.

Without true democracy, political democracy cannot lasts unless there lies on the base of it, a social democracy.

UHRF helps those who helps themselves. In this period of globalisation, intellectual people have a duty to help and save those below poverty line. Slum dwellers, illiterates and poors helpless people have been cut-off from the main stream of their national and international bodies.

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Human Rights - An Overview Human rights are rights, which inherits in every human being – man, woman or child from birth and which he or she is entitled to enjoy in every society. These rights recognize the essential worth of a human being and acknowledge the basic equality and dignity inherent in all human beings irrespective of race, color, sex, religion or economic levels of living. These have existed in some form in all cultures and have been enjoyed by the people everywhere with varying degrees of emphasis. While this is a historical fact, it is also a part of our experience that powerful forces within the human race, at both the national and the international levels, have been conspiring to condemn millions of men, women and children in all regions of the world to a state of misery, deprivation and continuing exploitation, thereby violating their Human Rights.

Human rights are similar to fundamental rights or moral principles that provide certain standards of human behavior defended by national and international Human rights law. The law of human rights has been highly influential within international human rights agency (the part of UNO), global and regional institutions. Under the human rights violation against individual, everyone is protected by the law.

Government initiatives, including police reform and improved access to health care and education, languish due to poor implementation. Many women, children, Dalits, tribal communities, religious minorities, people with disabilities, and sexual and gender minorities remain marginalized and continue to suffer discrimination because of government failure to train public officials in stopping discriminatory behavior.

Human rights are based on the law of respect for every citizen. Their fundamental theory is that each individual is a moral and rational being who deserves to be treated with self-respect. They are called human rights because they are universal. Whereas nations or specialized groups enjoy specific rights that apply only to them, human rights are the rights to which everyone is entitled—no matter who they are or where they live—simply because they are alive.

But there is nothing to same; a large number of men, women and children are facing the violation against humanity across the globe. These violations include bonded labour, child abuses, sexual harassment, slavery, fake encounter, human trafficking and many more.

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Core Focus

HUMAN RIGHTS ARE NOT OPTIONAL Farmer’s

and Acqu i sition

TM

A Report by United Human Rights Federation on Land "Acquisition" & "Transfers" for Private Industry

Land GRAB

is L i fe GRAB

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Core Focus

Save Me From Bad Uncle

A REPORT ON

AN ADVISE TO ALL THE PARENTS

Foreign Nationals Staying in

India

Illegally

Don’t Overstay!

Your Visa!!!

A Report by UHRF

UNITED HUMAN RIGHT FEDERATION

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Core Focus

A REPORT ON

Pitiable & Pathetic Conditions OF WIDOWS IN VRINDAVAN

GLOBAL WELLNESS FOUNDATION

Corporate Social Responsibility Together We Can Serve The Society

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Intellectual Property

R i g h t s

The importance of intellectual property in India is well established at all levels- statutory, administrative and judicial. India ratified the agreement establishing the World Trade Organisation (WTO). This Agreement, interalia, contains an Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) which came into force from 1st January 1995. It lays down minimum standards for protection and enforcement of intellectual property rights in member countries which are required to promote effective and adequate protection of intellectual property rights with a view to reducing distortions and impediments to international trade. The obligations under the TRIPS Agreement relate to provision of minimum standard of protection within the member countries legal systems and practices.

The Agreement provides for norms and standards in respect of following areas of intellectual property

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Patents Trade Marks Copyrights Geographical Indications Industrial Designs Patents

The basic obligation in the area of patents is that, invention in all branches of technology whether products or processes shall be patentable if they meet the three tests of being new involving an inventive step and being capable of industrial application. In addition to the general security exemption which applied to the entire TRIPS Agreement, specific exclusions are permissible from the scope of patentability of inventions, the prevention of whose commercial exploitation is necessary to protect public order or morality, human, animal, plant life or health or to avoid serious prejudice to the environment. Further, members may also exclude from patentability of diagnostic, therapeutic and surgical methods of the treatment of human and animals and plants and animal other than micro-organisms and essentially biological processes for the production of plants and animals. more...

The TRIPS Agreement provides for a minimum term of protection of 20 years counted from the date of filing.

India had already implemented its obligations under Articles 70.8 and 70.9 of TRIP Agreement.

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LEGISLATION

The Trade and Merchandise Marks Act, 1958 ("TM Act, 1958") has been replaced by the Trade Marks Act, 1999, The Copyright Act, 1957 has been amended to protect computer programs as "literary work"; The Patent Act, 1970 has been amended by the Amendment Acts of 1999 and 2002 and 2005. The Designs Act of 1911 has been completely replaced by the Designs Act of 2000.

The following laws have been enacted to protect newly recognized species of intellectual property in India: -

The Geographical Indications of Goods (Registration and protection) Act, 1999; The Semiconductor Integrated Circuits Layout-Design Act, 2000; The Protection of Plants & Varieties and Farmers Rights Act, 2001; and The Biological Diversity Act, 2002

These acts, and particularly the impact of recent amendments to the acts, are discussed in greater detail in the ensuing sections.

Potential problems faced in India and how to deal with them

India’s intellectual property (IP) legislation covers every significant aspect of the protection of IP. The regulations relating to all forms of IP have been amended or reissued in recent years, mainly in response to India’s accession to the World Trade Organisation in 1995.

Although Indian IP law is thorough and generally comparable with European IP laws, there are still significant concerns over IP enforcement. A major cause for concern in enforcement is bureaucratic delay, with a backlog of cases at both the civil and criminal courts. This means that cases can run for five years or more. There is also a lack of transparency, particularly at a local level.

A significant feature of the IP environment in India is the large number of small players infringing IP rights. This means that seizures tend to be small, which requires a sustained and financially draining effort in order to make an impact.

An advantage for UK businesses operating in India is that the legal system is based on common law, as in the UK,so the fundamental processes are familiar.

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TRADEMARKS In India, trademarks are protected both under statutory law and common law. The Trade and Merchandise Marks Act, 1940 ("TM Act, 1940") was the first law in this regard in India, which was replaced later by the TM Act, 1958. The Trade Marks Act, 1999 ("TM Act") which has replaced the TM Act, 1958 - came into effect on September 15, 2003 and is in compliance with the TRIPS obligations. The TM Act allows for the registration of service marks and three-dimensional marks as well. India follows the NICE Classification of goods and services, which is incorporated in the Schedule to the Rules under the TM Act.1 A Trade Marks Registry had been established for the purposes of the TM Act, 1940, which has continued to function under the TM Act, 1958 and TM Act. The Trade Marks Registry is under the charge of the Registrar of Trademarks.

The head office of the Trade Marks Registry is in Bombay (Mumbai) and its branches are at Calcutta (Kolkata), Delhi, Madras (Chennai), and Ahmedabad. The territorial jurisdiction of each office has also been allocated .In addition to trademarks, the following categories of marks can also be registered under the TM Act: - Certification marks are given for compliance with defined standards, but are not confined to any membership. Such marks are granted to anyone who can certify that the products involved meet certain established standards. The internationally accepted "ISO 9000" quality standard is an example of a widely recognized certification mark. • Collective marks can be owned by any association. The members of such associations will be allowed to use the collective mark to identify themselves with a level of quality and other requirements and standards set by the association. Examples of such associations would be those representing accountants, engineers or architects.

Unconventional Marks

"unconventional trademarks" and has extended trademark protection to a sound mark. On August 18, 2008, India's first "sound mark" was granted to Sunnyvale, California-based Internet firm Yahoo Inc.'s three-note Yahoo yodel by the Delhi branch of the Trademark Registry. It was registered in classes 35, 38 and 42 for a series of goods including email, advertising and business services and managing websites.

Under the TM Act, the term 'mark' is defined to include 'a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or, combination of colors, or any combination thereof.' Thus, the list of instances of marks is inclusive and not exhaustive. Any mark capable of being 'graphically represented' and indicative of a trade connection with the proprietor is entitled to get registered as a trademark under the TM Act. This interpretation opens the scope of trademark protection to unconventional trademarks like sound marks provided they satisfy the 'graphical representation' test and are not prohibited under Section 9 and 11 of the Act. The only way the mark may be described in the application for trademark is by way of "graphical representation".

However, the TM Act or the rules framed thereunder do not contemplate the form of submission of records of the unconventional trademarks.

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Enforcing IP Rights in India

IP rights can be enforced by bringing actions to the civil courts or through criminal prosecution.

India’s laws governing all forms of IP set out procedures for both civil and criminal proceedings, as does the Competition Act. A disadvantage of civil litigation is that you are unlikely to recover large damages, and punitive damages against an infringer are rare. However, if you have an identified infringer, it may be advisable to launch civil litigation, because if an interim injunction is granted the infringement can be halted pending the outcome of the case.Damages are routinely awarded in cases of copyright piracy and trade mark infringement (which come under criminal litigation); less so in patent cases.

Over the years, however, decisions in favour of foreign companies against local infringers have demonstrated the judiciary’s impartial approach.

As in other countries, the Indian Government brings actions in criminal cases, although in most cases actions follow complaints to magistrates or police authorities by rights owners. Criminal proceedings against infringers carry the prospect of much harsher remedies, including fines and imprisonment.

Mediation or negotiation with an infringer can also be effective as an alternative form of dispute resolution. The Civil Procedure Code provides for a formal mediation process.

Avoiding problems

The most important way to avoid problems when defending IP rights in India is to be prepared. To make sure that you can anticipate any potential issues, you should: - take advice from Indian IP rights experts; - consult publications and websites on Indian IP rights and protection in general; - carry out risk assessment and due diligence checks on any organisations and individuals you deal with; - take professional advice from other experts - eg lawyers, local diplomatic posts, Chambers of Commerce and the UK India Business Council; - talk to other businesses already doing similar business in India; - consult agents, distributors and suppliers on how best to safeguard your rights; y check with trade mark or patent attorneys to see whether there have been previous registrations of your own marks, or other IP, in India; - stick to familiar business methods - don’t be tempted to do things differently because you’re trading in a different country.

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Who should take responsibility for your IP protection?

You should make sure that everyone in your business takes some responsibility for IP protection.

Many businesses depend on the integrity of their IP, and it can often be one of their most valuable assets. So it should be given proper attention by both management and employees, as well as other businesses that you have relationships with. It may be sensible to nominate a manager to have particular responsibility for understanding and protecting your IP rights. In businesses with legal departments, a legally-trained manager would be a good choice.

Top tips for IP protection in India The most important things you can do to protect your IP rights in India are: y stick to your normal business instincts; y do as much as you can to prevent infringements in the first place - prevention is better than the cure; y assess the risks of the market and make preparations; y take self-help measures to protect your IP; y make sure everyone in your business values its IP, including you; y register your IP rights; y create good relationships with organisations that can help you; y consider mediation before defensive action.

Confidential Information & Trade Secrets Confidential information and trade secrets are protected under the common law and there are no statutes that specifically govern the protection of the same. In order to protect trade secrets and confidential information, watertight agreements should be agreed upon, and they should be supported by sound policies and procedures.

Protection of Confidential Information in the Hands of Employees In this information age, it's imperative that a business protects its new formula, product, technology, customer lists, or future business plans. In the global marketplace, Indian corporations are often required to comply with foreign laws and are likely to be exposed to liabilities for violation of confidential information or trade secrets of their business partners or third parties. For example, the U.S. Economic Espionage Act, 1996 imposes criminal liability (including fines and prison sentences) on any person who intentionally or knowingly steals a trade secret, knowingly receives, or purchases a wrongfully obtained trade secret. The standards for protection have to be tailored to address the risks associated with rapid advancement in technology and communications. The standards accepted today may become inadequate tomorrow. However, one constant factor is the presence of a corporate culture imbued with information protection values. The employees of an organization are privy to confidential information and trade secrets on a daily basis. In the absence of any specific Indian statute conferring protection on such information in the hands of employees, recourse has to be taken to common law rights and contractual obligations.

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Non-Disclosure Agreements

Sound and concise company policies and nondisclosure agreements with the employees protecting confidential information and trade secrets are recommended so as to provide contractual remedy in addition to the one under the common law. Such agreements should define “confidential information� and the exceptions to confidentiality. Agreements should have clauses negating a grant of an implied license, restrictions on disclosure, use and copy; restriction on use of confidential information upon termination of the employment, return of information upon termination and right to withhold salary and emoluments till such return. Non-compete clauses, depending upon their applicability in the Indian context, read with the confidentiality clauses would afford an organization added protection with respect to its confidential information. Such provisions must have a clear purpose, which is to restrict the use of confidential information and trade secrets obtained during employment and ensure that employees do not compete unfairly. However, non-compete provisions would need to be reasonable, and the Indian courts may treat a tough non-compete provision as unenforceable. In order to ensure that the rights of third parties are not violated, the nondisclosure/employment agreement should clearly impose an obligation on the employee not to integrate into the organization's data or intellectual property, any confidential information of a third party. Employees should be required to indemnify the organization in case of violation of this clause.

If the organization has not executed such agreements at the time of employment, subsequently executed agreements should expressly cover the confidential information obtained by the employee from the date of his employment.

Enforcement Place of Filing of Infringement Actions In India, infringement and passing-off actions can be instituted by filing a suit in the appropriate court. All IP laws state the appropriate court in which such suits can be instituted. For example, under the TM Act, suits for trademark infringement or passing off can be filed in the district court within the local limits of whose jurisdiction, at the time of the institution of the suit / other proceedings, the plaintiff / one of the plaintiffs (for example, registered proprietor, registered user) actually and voluntarily resides or carries on business or personally works for gain. Under the Copyright Act there is a similar provision as well.

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Interim Injunctions

In India, court cases often reach a final hearing after twelve to sixteen years from the date of their filing. Therefore, obtaining an interim injunction becomes crucial for the plaintiffs, especially in intellectual property lawsuits. The damages are awarded only after the final hearing. Indian courts also grant injunctions in a quia timet (anticipatory) action if the plaintiff proves that defendant's activities or proposed activities would lead to violation of plaintiffs' rights.

Interim Relief After filing the suit, the plaintiffs can seek ad interim and interim relief, including injunctions, Mareva Injunctions, an appointment of the commissioner or the court receiver, Anton Piller orders, John Doe (Ashok Kumar) orders, and other orders, such as discovery and inspection, or orders for interrogatories. Ad-interim and interim injunctions are granted under Order 39, Rules 1 and 2, read with Section 151 of the Code of Civil Procedure, 1908.The Supreme Court of India in Wander Ltd. v.

Antox India (P) Ltd.93 laid down the principles for the granting of an interim injunction. For the grant of such ad interim and interim orders, the plaintiff has to show that he has a prima facie case, that the balance of convenience is in his favor, and the hardship suffered by the plaintiff would be greater if the order is not granted. If the plaintiff is able to convince the Court of these points, then plaintiff can obtain an ad interim and interim injunction within a couple of days of filing of the suit.

Some courts also grant ex parte injunctions if a strong case is made. Generally, a plaintiff is required to give at least fortyeight hours notice to the defendant for a hearing of the interim application. If the defendant appears before the court, he may be granted further time to file his reply and the plaintiff in turn may be allowed to file his response to the defendant's reply. The hearing of the interim applications could go on for three to four days, depending upon the complexity of the matter. Both the parties have the liberty to file an appeal from the interim order and subsequently the parties may have to fight the matter even up to the Supreme Court of India.

The appellate court also has the power to grant interim orders pending the final hearing of appeal.

Indian courts have realized the importance of protecting IP and have started granting innovative orders. Recently, of India's 40,000 cable operators, only 3,500 had obtained licenses from the owners of the rights to broadcast the World Cup (soccer) in India. Given the transitory nature of both the World Cup rights and the cable operators themselves (and the normal time frame of the Indian courts), the Delhi High Court granted an order against anonymous defendants whereby the rights owner, accompanied by a court-appointed commissioner, were able to locate the unlicensed cable operators and shut down the unauthorized World Cup transmissions. Such orders are called Ashok Kumar orders in India, equivalent to John Doe orders.

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Intellectual Property Rights Violations

Intellectual property (IP) law has three major branches, applicable to different types of subject matter: copyright (original artistic and literary works of authorship), patent (inventions of processes, machines, manufactures, and compositions of matter that are useful, new, and nonobvious), and trademark (commercial symbols). The source of federal copyright and patent law originates with the Copyright and Patent Clause of the U.S. Constitution, which authorizes Congress “To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.�2 By contrast, the constitutional basis for federal trademark law is the Commerce Clause.3 The Copyright Act, Patent Act, and Lanham Act provide legal protection for intellectual property against unauthorized use, theft, and other violations of the rights granted by those statutes to the IP owner. The Copyright Act provides copyright owners with the exclusive right to control reproduction, distribution, public performance, and display of their copyrighted works.4 The Patent Act grants patent holders the right to exclude others from making, using, offering for sale, or selling their patented invention throughout the United States, or importing the invention into the United States.5 The Lanham Act allows sellers and producers of goods and services to prevent a competitor from: (1) using any counterfeit, copy, or imitation of their trademarks (that have been registered with the U.S. Patent and Trademark Office), in connection with the sale of any goods or services in a way that is likely to cause confusion, mistake, or deception,6 or (2) using in commercial advertising any word, term, name, symbol, or device, or any false or misleading designation of origin or false or misleading description or representation of fact,

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In addition, the Lanham Act grants to owners of “famous” trademarks the right to seek injunctive relief against another person’s use in commerce of a mark or trade name if such use causes dilution by blurring or tarnishment of the distinctive quality of the famous trademark.8 An alternative to patent law protection may be found in trade secret law, which protects trade secrets9 from theft and espionage.10 The federal Economic Espionage Act of 199611 provides criminal penalties for the theft or misappropriation12 of trade secrets in certain circumstances, by domestic and foreign entities. Enforcement of IP rights may be accomplished by the IP owner bringing a lawsuit against an alleged infringer. The U.S. Department of Justice may also criminally prosecute particularly egregious violators of the IP laws in order to impose greater punishment and possibly deter other would-be violators.13 In certain circumstances, a variety of federal agencies may become involved in IP rights enforcement:14 for example, the U.S. Customs and Border Protection agency has the power to seize counterfeit goods upon their attempted importation in the United States; the International Trade Commission may investigate and adjudicate allegations of unfair trade practices due to the importing of goods that infringe U.S. patents, trademarks, or copyrights; and the U.S. Trade Representative, the U.S. Department of Commerce’s International Trade In copyright cases, the statute of limitations for initiating a civil action is within three years after the claim accrued, while a criminal proceeding must be commenced within five years after the cause of action arose.16 Although there is no express federal statute of limitations for civil trademark infringement claims, federal courts generally follow the limitations period for the most analogous state-law cause of action from the state in which the claim is heard; courts have also applied the equitable doctrine of laches to determine whether a trademark infringement claim is untimely.17 One federal appellate court has determined that criminal trademark infringement prosecutions are governed by the general five-year statute of limitations for non-capital offenses under Title 18 of the U.S. Code.18 Although there is no statute of limitations in patent infringement actions, the Patent Act specifies a time limit on monetary relief for patent infringement claims: damages are available only for infringement that occurs within the six years prior to the filing of the complaint or counterclaim for patent infringement.

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FAKE DRUGS KILL MORE PEOPLE EACH YEAR THAN TERRORISM IN THE LAST 40 YEARS

19 Both the Lanham Act and the Copyright Act have criminal and civil provisions for violations of their respective provisions,20 while the Patent Act only provides civil remedies in the event of patent infringement.21 Federal courts determine the civil remedies in an action for infringement brought by the IP owner.22 If the federal government chooses to prosecute individuals or organizations for IP violations, the imprisonment terms are set forth in the substantive statutes describing the particular IP crime, while the criminal fine amount is determined in conjunction with 18 U.S.C. § 3571 (specifies the amount of the fine under Title 18 of the U.S. Code). Information regarding the civil remedies and criminal penalties for violations of the copyright, trademark, and patent laws is presented on the following pages in table-format. These penalties may be imposed upon conviction of the defendant in the case of a criminal prosecution, and the civil remedies follow a judgment of infringement reached by a federal judge or jury in a civil 15 The “Prioritizing Resources and Organization for Intellectual Property Act of 2008,” P.L. 110-403, created the position of “Intellectual Property Enforcement Coordinator” (IPEC) to serve within the Executive Office of the President, and established an interagency IP enforcement advisory committee, chaired by the IPEC and composed of Senate-confirmed representatives of departments and agencies involved in IP enforcement, including the Office of Management and Budget, U.S. Patent and Trademark Office, Food and Drug Administration, Copyright Office, and the Departments of State, Homeland Security, Agriculture, and Justice. This advisory committee is charged with developing and implementing a “joint strategic plan” to combat counterfeiting and infringement of IP rights.

FAKE DRUGS KILL MORE PEOPLE EACH YEAR THAN TERRORISM IN THE LAST 40 YEARS

In this article, I shall deliberate on 'fake medicines' that we may at times land up into buying, without any inkling that instead of curing or managing the ailments, these products can push us into serious health hazards, quite contrary to what we and our doctors hope for.

One may term these substances as 'Counterfeit', 'Fake', 'Spurious' or 'Sub-standard' drugs, or in whatever other names one may wish to. The bottom-line is that such products in the guise of drugs could precipitate very serious and life-threatening health crisis for patients. This mindless game has already become both a global and local health menace, though in varying degrees and parameters in different countries.

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According to INTERPOL, large sums of money are involved with these transnational criminal enterprises. Fake drug makers, who run this deadly trade undercover, use sophisticated tools and technologies and are well equipped to operate stealthily.

Deploying requisite wherewithal, this growing threat to public health and safety needs to be addressed expeditiously by all concerned and in tandem. Curbing this menace would call for great concerted focus in approach and execution of a fool-proof strategy with military precision.

At this stage, I reckon, we should not clutter the subject by mixing it up with other commercial considerations, such as Intellectual Property (IP) related matter, for which appropriate laws and mechanisms are already in place.

DCGI intends to justify his moot point yet again:

In view of all these worrying reports and amid concerns around the quality of medicines being manufactured in India, in January 2015, the Drug Controller General of India (DCGI) proposed carrying out a nation-wide survey using methodology prepared by the Indian Statistical Institute, Hyderabad to assess the prevalence of fake and substandard drugs.

In the 2015 survey, around 42,000 locally made drug samples would be drawn from across the country throughout the rest of this year, which would include 15 therapeutic categories of drugs featuring in the National List of Essential Medicines (NLEM), 2011.

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IP Laws of India Act

Ministry/Department

The Copyright Act, 1957

Higher Education

The Patents Act, 1970

Industrial Policy & Promotion

The Designs Act, 2000

Industrial Policy & Promotion

The Trade Marks Act, 1999

Industrial Policy & Promotion

The Geographical Indications of Goods (Registration and Protection) Act, 1999

Industrial Policy & Promotion

The Semiconductor Integrated Circuits Layout-Design Act, 2000

Information Technology

The Protection of Plant Varieties and Farmers' Rights Act, 2001

Agriculture and Cooperation

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Rights Two Kinds of Rights Moral Rights To protect personality of author Economic Rights To bring economic benefits

Moral Rights . Right of Integrity - Digital Manipulation - No Right for Display . Inalienable Rights

Economic Rights - 1 Right of Reproduction - Making copies e.g. an edition of novel - Storage in computer memory Right of Distribution/Issuing Copies - Digital Distribution Right of Communication to the Public - Public Performance -Internet Communication

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Economic Rights - 2 Adaptation Rights - Conversion into another form e.g. literary to drama - Abridgement - Picturizations, comic formats Right to make a cinematograph film or sound recording Translation Rights Rental Rights Resale Rights for original artistic works

Author as Owner of Rights: Exceptions In the course of employment- employer Employment by newspaper, magazine - employer has publishing right; other rights with author Photograph, painting, cinema for valuable consideration - person who pays money Lecture delivered in public - Person delivering Government Work - Government Public Undertaking Work - Public undertaking Work of international Organitation - International Organation

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Copyright and related rights Copyright is a form of intellectual property protection granted under Indian law to the creators of original works of authorship such as literary works (including computer programs, tables and compilations including computer databases which may be expressed in words, codes, schemes or in any other form, including a machine readable medium), dramatic, musical and artistic works, cinematographic films and sound recordings.

Copyright law protects expressions of ideas rather than the ideas themselves. Under section 13 of the Copyright Act 1957, copyright protection is conferred on literary works, dramatic works, musical works, artistic works, cinematograph films and sound recording. For example, books, computer programs are protected under the Act as literary works.

Copyright refers to a bundle of exclusive rights vested in the owner of copyright by virtue of Section 14 of the Act. These rights can be exercised only by the owner of copyright or by any other person who is duly licensed in this regard by the owner of copyright. These rights include the right of adaptation, right of reproduction, right of publication, right to make translations, communication to public etc.

Securing Copyright Formality free protection Voluntary Registration (S. 44 & 45) Registration does not as a matter of law establish that what is registered is in fact and in law copyrightable subject matter that what is registered is in fact and in law copyrightable subject matter

Scope of Copyright Original Literary, Dramatic, Musical and Artistic Works -Work: Ideas expressed in material form -No copyright in ideas or facts Cinematography Films Sound Recordings

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CBI underscores veracity of the problem: Under the above backdrop, a Central Bureau of Investigation (CBI) Press Release dated June 24, 2015 announced that the First Indo-French Workshop on “Combating Counterfeit Medicine� for Police Officers, Investigators and other officers was held on 23 and 24 June 2015 in New Delhi.

Fake Drugs Kill More People Each Year than Terrorism

In his inaugural address, Mr. Sinha made a startling revelation, when he said, according to an estimate of INTERPOL; fake medicines kill more people in a year than those who have died in the past 40 years as a result of terrorism.

Just a few years ago, INTERPOL reportedly estimated that while more than 65,000 people were killed in over 40 years in transnational terrorist incidents, the estimates of deaths caused by fake medicines range from tens of thousands to hundreds of thousands annually.

Fake Drugs are more in countries with weak regulatory enforcement It has been observed that the issue of fake drugs is more common in those countries, where the regulatory enforcement mechanism is weak.

India, I reckon, is one such country.

Interestingly, the Ministry of Health in India does not even recognize that fake Drugs are a growing menace in the country. This is vindicated by its latest report of 2009 on this subject.

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Intellectual property rights violations are acrime and we don't believe we should be negotiating crimes with our trading partners.

1800 120 1918 ISO 9001:2008