Lecture 2 - Intellectual Property Rights | Biotechnology (Zoology) by ILLL, DU - Biotechnology Engineering (BT) PDF Download

 Page 1


Intellectual Property Rights 
Institute of Lifelong Learning, University of Delhi Page 1 
 
 
 
 
 
 
 
 
Lesson Prepared Under MHRD project “National Mission on 
Education Through ICT” 
Zoology 
Biotechnology 
Lesson: Intellectual Property Rights 
Lesson Developer: Dr. Rashmi Tandon 
College/Dept: Department of Microbiology 
V. P. Chest Institute 
Lesson Reviewer: Dr. Rajeev Kumar Kapoor 
College/Dept: Department of Microbiology 
Maharshi Dayanand University 
Rohtak 
Indian Patent Agent 
 
 
 
 
 
Table of Contents 
Page 2


Intellectual Property Rights 
Institute of Lifelong Learning, University of Delhi Page 1 
 
 
 
 
 
 
 
 
Lesson Prepared Under MHRD project “National Mission on 
Education Through ICT” 
Zoology 
Biotechnology 
Lesson: Intellectual Property Rights 
Lesson Developer: Dr. Rashmi Tandon 
College/Dept: Department of Microbiology 
V. P. Chest Institute 
Lesson Reviewer: Dr. Rajeev Kumar Kapoor 
College/Dept: Department of Microbiology 
Maharshi Dayanand University 
Rohtak 
Indian Patent Agent 
 
 
 
 
 
Table of Contents 
Intellectual Property Rights 
Institute of Lifelong Learning, University of Delhi Page 2 
 
? Introduction: Biotechnology                  
? Classification Of Biotechnological Inventions       
? Intellectual Property Rights And Biotechnology    
? Intellectual Property Rights And Their Importance      
o Intellectual Property           
o Intellectual Property Rights         
o Importance of Intellectual Property Rights      
? Types of Intellectual Property Rights         
? Patent              
o Patent             
o Patentable Inventions in Biotechnology       
o Non-Patentable Inventions in Biotechnology      
o International patent          
o Patent Cooperation Treaty (PCT)       
o Types of Patents          
o Format of a patent document        
? Copyright             
? Copyright            
? Berne convention          
? Related rights            
? Geographical Indications          
? Trademark            
        Madrid system           
? Trade secrets            
? Industrial Designs           
? Protection of Plant Varieties and Farmers? Rights             
? Intellectual Property Rights and their enforcement     
o Patent infringement          
o Copyright infringement                                                     
o Trademark infringement                                                   
? IPR and Licensing           
o Compulsory Licensing Of Biotechnology Patents In India      
o Licensing agreement                                                         
o Advantages of licensing                                                    
? Latest Developments           
? Summary             
? Practice Questions           
? Glossary             
? References                                                                                 
 
 
INTRODUCTION 
Page 3


Intellectual Property Rights 
Institute of Lifelong Learning, University of Delhi Page 1 
 
 
 
 
 
 
 
 
Lesson Prepared Under MHRD project “National Mission on 
Education Through ICT” 
Zoology 
Biotechnology 
Lesson: Intellectual Property Rights 
Lesson Developer: Dr. Rashmi Tandon 
College/Dept: Department of Microbiology 
V. P. Chest Institute 
Lesson Reviewer: Dr. Rajeev Kumar Kapoor 
College/Dept: Department of Microbiology 
Maharshi Dayanand University 
Rohtak 
Indian Patent Agent 
 
 
 
 
 
Table of Contents 
Intellectual Property Rights 
Institute of Lifelong Learning, University of Delhi Page 2 
 
? Introduction: Biotechnology                  
? Classification Of Biotechnological Inventions       
? Intellectual Property Rights And Biotechnology    
? Intellectual Property Rights And Their Importance      
o Intellectual Property           
o Intellectual Property Rights         
o Importance of Intellectual Property Rights      
? Types of Intellectual Property Rights         
? Patent              
o Patent             
o Patentable Inventions in Biotechnology       
o Non-Patentable Inventions in Biotechnology      
o International patent          
o Patent Cooperation Treaty (PCT)       
o Types of Patents          
o Format of a patent document        
? Copyright             
? Copyright            
? Berne convention          
? Related rights            
? Geographical Indications          
? Trademark            
        Madrid system           
? Trade secrets            
? Industrial Designs           
? Protection of Plant Varieties and Farmers? Rights             
? Intellectual Property Rights and their enforcement     
o Patent infringement          
o Copyright infringement                                                     
o Trademark infringement                                                   
? IPR and Licensing           
o Compulsory Licensing Of Biotechnology Patents In India      
o Licensing agreement                                                         
o Advantages of licensing                                                    
? Latest Developments           
? Summary             
? Practice Questions           
? Glossary             
? References                                                                                 
 
 
INTRODUCTION 
Intellectual Property Rights 
Institute of Lifelong Learning, University of Delhi Page 3 
 
Innovation in life sciences has changed each and every aspect of our life bringing about 
considerable improvement. Constant research endeavours of scientists (biochemists, 
microbiologists, botanists, zoologists etc) around the world result in various inventions and 
innovations which help in betterment of the society. The credit of promoting these innovations 
goes to Intellectual Property Rights (IPR) which not only protects but also rewards the 
inventor thereby safeguarding their interest. IPR thus plays a very important role in the 
scientific field. 
The rapid pace of commercialization and industrialization of products and processes involving 
biological organisms gave birth to a new discipline named Biotechnology. Biotechnology 
originates from two words,‘ Bio? which means life and =Technology? which means 
application of scientific knowledge for practical purposes to get the desired results. 
Therefore, biotechnology can be summed up as the exploitation of living systems and 
organisms for industrial or scientific processes to get the desired results. 
 
Figure 1. Growth of Biotechnology 
Source: Author 
 
 
Also known as “Genetic Engineering”. Tissue Cell Culture  and 
Recombinant DNA technology were developed .
Developments in fermentation technology using pure cell culture 
to yield new products. Acetone, vitamin B2, and citric acid were 
discovered during this time.
Techniques involving use of biological organisms such as bacteria, 
yeasts, enzymes, and traditional methods of fermentation to 
produce food and drinks such as bread and wine.
Second 
Generation
First 
Generation
Third 
Generation
Page 4


Intellectual Property Rights 
Institute of Lifelong Learning, University of Delhi Page 1 
 
 
 
 
 
 
 
 
Lesson Prepared Under MHRD project “National Mission on 
Education Through ICT” 
Zoology 
Biotechnology 
Lesson: Intellectual Property Rights 
Lesson Developer: Dr. Rashmi Tandon 
College/Dept: Department of Microbiology 
V. P. Chest Institute 
Lesson Reviewer: Dr. Rajeev Kumar Kapoor 
College/Dept: Department of Microbiology 
Maharshi Dayanand University 
Rohtak 
Indian Patent Agent 
 
 
 
 
 
Table of Contents 
Intellectual Property Rights 
Institute of Lifelong Learning, University of Delhi Page 2 
 
? Introduction: Biotechnology                  
? Classification Of Biotechnological Inventions       
? Intellectual Property Rights And Biotechnology    
? Intellectual Property Rights And Their Importance      
o Intellectual Property           
o Intellectual Property Rights         
o Importance of Intellectual Property Rights      
? Types of Intellectual Property Rights         
? Patent              
o Patent             
o Patentable Inventions in Biotechnology       
o Non-Patentable Inventions in Biotechnology      
o International patent          
o Patent Cooperation Treaty (PCT)       
o Types of Patents          
o Format of a patent document        
? Copyright             
? Copyright            
? Berne convention          
? Related rights            
? Geographical Indications          
? Trademark            
        Madrid system           
? Trade secrets            
? Industrial Designs           
? Protection of Plant Varieties and Farmers? Rights             
? Intellectual Property Rights and their enforcement     
o Patent infringement          
o Copyright infringement                                                     
o Trademark infringement                                                   
? IPR and Licensing           
o Compulsory Licensing Of Biotechnology Patents In India      
o Licensing agreement                                                         
o Advantages of licensing                                                    
? Latest Developments           
? Summary             
? Practice Questions           
? Glossary             
? References                                                                                 
 
 
INTRODUCTION 
Intellectual Property Rights 
Institute of Lifelong Learning, University of Delhi Page 3 
 
Innovation in life sciences has changed each and every aspect of our life bringing about 
considerable improvement. Constant research endeavours of scientists (biochemists, 
microbiologists, botanists, zoologists etc) around the world result in various inventions and 
innovations which help in betterment of the society. The credit of promoting these innovations 
goes to Intellectual Property Rights (IPR) which not only protects but also rewards the 
inventor thereby safeguarding their interest. IPR thus plays a very important role in the 
scientific field. 
The rapid pace of commercialization and industrialization of products and processes involving 
biological organisms gave birth to a new discipline named Biotechnology. Biotechnology 
originates from two words,‘ Bio? which means life and =Technology? which means 
application of scientific knowledge for practical purposes to get the desired results. 
Therefore, biotechnology can be summed up as the exploitation of living systems and 
organisms for industrial or scientific processes to get the desired results. 
 
Figure 1. Growth of Biotechnology 
Source: Author 
 
 
Also known as “Genetic Engineering”. Tissue Cell Culture  and 
Recombinant DNA technology were developed .
Developments in fermentation technology using pure cell culture 
to yield new products. Acetone, vitamin B2, and citric acid were 
discovered during this time.
Techniques involving use of biological organisms such as bacteria, 
yeasts, enzymes, and traditional methods of fermentation to 
produce food and drinks such as bread and wine.
Second 
Generation
First 
Generation
Third 
Generation
Intellectual Property Rights 
Institute of Lifelong Learning, University of Delhi Page 4 
 
 
Figure 2 Application of Biotechnology 
Source: Author 
 
CLASSIFICATION OF BIOTECHNOLOGICAL INVENTIONS* 
According to Sec. 2(1)(j) of Indian patent act :?Invention? means any new and useful- 
(i) Art, process, method or manner of manufacture (e.g process of producing an antibiotic) 
(ii) Machine, apparatus or other article (e.g a Fermentor, a glucose sensor); 
(iii) Substance produced by manufacture,(e.g Immunosupressant compound) and includes any 
new and useful improvement of any of them. 
 
INTELLECTUAL PROPERTY RIGHTS AND BIOTECHNOLOGY 
Value Addition: Know more 
Body Text: Check this link.... 
https://www.youtube.com/watch?v=J4TiNt8IdLs 
Source: YouTube 
 
INTELLECTUAL PROPERTY RIGHTS AND THEIR IMPORTANCE 
Intellectual Property (IP) refers to the intellectual capital of human being, i.e., creations 
of mind like inventions, literary and artistic works, dramatics, signs, logos, designs, images etc.  
Intellectual Property Rights (IPR) pertain to legally recognized rights that result from 
intellectual activity. These are the rights that are conferred upon individuals, enterprises or 
other entities by their respective countries and are governed by law.  
Page 5


Intellectual Property Rights 
Institute of Lifelong Learning, University of Delhi Page 1 
 
 
 
 
 
 
 
 
Lesson Prepared Under MHRD project “National Mission on 
Education Through ICT” 
Zoology 
Biotechnology 
Lesson: Intellectual Property Rights 
Lesson Developer: Dr. Rashmi Tandon 
College/Dept: Department of Microbiology 
V. P. Chest Institute 
Lesson Reviewer: Dr. Rajeev Kumar Kapoor 
College/Dept: Department of Microbiology 
Maharshi Dayanand University 
Rohtak 
Indian Patent Agent 
 
 
 
 
 
Table of Contents 
Intellectual Property Rights 
Institute of Lifelong Learning, University of Delhi Page 2 
 
? Introduction: Biotechnology                  
? Classification Of Biotechnological Inventions       
? Intellectual Property Rights And Biotechnology    
? Intellectual Property Rights And Their Importance      
o Intellectual Property           
o Intellectual Property Rights         
o Importance of Intellectual Property Rights      
? Types of Intellectual Property Rights         
? Patent              
o Patent             
o Patentable Inventions in Biotechnology       
o Non-Patentable Inventions in Biotechnology      
o International patent          
o Patent Cooperation Treaty (PCT)       
o Types of Patents          
o Format of a patent document        
? Copyright             
? Copyright            
? Berne convention          
? Related rights            
? Geographical Indications          
? Trademark            
        Madrid system           
? Trade secrets            
? Industrial Designs           
? Protection of Plant Varieties and Farmers? Rights             
? Intellectual Property Rights and their enforcement     
o Patent infringement          
o Copyright infringement                                                     
o Trademark infringement                                                   
? IPR and Licensing           
o Compulsory Licensing Of Biotechnology Patents In India      
o Licensing agreement                                                         
o Advantages of licensing                                                    
? Latest Developments           
? Summary             
? Practice Questions           
? Glossary             
? References                                                                                 
 
 
INTRODUCTION 
Intellectual Property Rights 
Institute of Lifelong Learning, University of Delhi Page 3 
 
Innovation in life sciences has changed each and every aspect of our life bringing about 
considerable improvement. Constant research endeavours of scientists (biochemists, 
microbiologists, botanists, zoologists etc) around the world result in various inventions and 
innovations which help in betterment of the society. The credit of promoting these innovations 
goes to Intellectual Property Rights (IPR) which not only protects but also rewards the 
inventor thereby safeguarding their interest. IPR thus plays a very important role in the 
scientific field. 
The rapid pace of commercialization and industrialization of products and processes involving 
biological organisms gave birth to a new discipline named Biotechnology. Biotechnology 
originates from two words,‘ Bio? which means life and =Technology? which means 
application of scientific knowledge for practical purposes to get the desired results. 
Therefore, biotechnology can be summed up as the exploitation of living systems and 
organisms for industrial or scientific processes to get the desired results. 
 
Figure 1. Growth of Biotechnology 
Source: Author 
 
 
Also known as “Genetic Engineering”. Tissue Cell Culture  and 
Recombinant DNA technology were developed .
Developments in fermentation technology using pure cell culture 
to yield new products. Acetone, vitamin B2, and citric acid were 
discovered during this time.
Techniques involving use of biological organisms such as bacteria, 
yeasts, enzymes, and traditional methods of fermentation to 
produce food and drinks such as bread and wine.
Second 
Generation
First 
Generation
Third 
Generation
Intellectual Property Rights 
Institute of Lifelong Learning, University of Delhi Page 4 
 
 
Figure 2 Application of Biotechnology 
Source: Author 
 
CLASSIFICATION OF BIOTECHNOLOGICAL INVENTIONS* 
According to Sec. 2(1)(j) of Indian patent act :?Invention? means any new and useful- 
(i) Art, process, method or manner of manufacture (e.g process of producing an antibiotic) 
(ii) Machine, apparatus or other article (e.g a Fermentor, a glucose sensor); 
(iii) Substance produced by manufacture,(e.g Immunosupressant compound) and includes any 
new and useful improvement of any of them. 
 
INTELLECTUAL PROPERTY RIGHTS AND BIOTECHNOLOGY 
Value Addition: Know more 
Body Text: Check this link.... 
https://www.youtube.com/watch?v=J4TiNt8IdLs 
Source: YouTube 
 
INTELLECTUAL PROPERTY RIGHTS AND THEIR IMPORTANCE 
Intellectual Property (IP) refers to the intellectual capital of human being, i.e., creations 
of mind like inventions, literary and artistic works, dramatics, signs, logos, designs, images etc.  
Intellectual Property Rights (IPR) pertain to legally recognized rights that result from 
intellectual activity. These are the rights that are conferred upon individuals, enterprises or 
other entities by their respective countries and are governed by law.  
Intellectual Property Rights 
Institute of Lifelong Learning, University of Delhi Page 5 
 
In addition, these rights are also referred to as intangible (lacking physical presence) 
assets and are strictly =exclusive‘ in nature and help the owner exclude others from using 
his/her protective matter and creations like invention, brand name, logo, symbol etc.  
For example, X invents product A and gets it patented in India. Now X can prevent anyone from 
manufacturing, using, selling, importing and exporting the product A in India as X is the owner 
of the patent of that product. However, as the product is not patented in other countries, it may 
be manufactured, used and sold there. Thus, we see that these rights are also territorial in 
nature.  
Moreover, they give protection for a fixed duration of time that varies with different types of 
IPR. For example: A patent has a validity of 20 years whereas an industrial design is protected 
for a term of 10 years.  
 
Figure 3 Intellectual Property Rights 
Source: Author 
 
Importance of Intellectual Property Right 
As mentioned above, IPR is necessary for the protection of intangible assets of an individual or 
entity. If not protected, they are open and accessible to all which may lead to its misuse, 
plagiarism, imitation, piracy etc. IPR helps in preventing theft of such assets. Apart from this, 
IPR is important for several reasons that are given below: 
? IPR plays an important role in the economy of a country. It affects both trade as well as 
industry by way of regulation of use and commercialization of specific intangible assets 
like a musical work. The control over such assets brings about a change in the market of 
that product. So IPR has a direct bearing on products and market. 
 
? Various industries rely on the enforcement of IPR i.e., patents, copyrights and 
trademarks for their businesses.