Integrated Circuits - Treaties

Download as pdf or txt
Download as pdf or txt
You are on page 1of 36

ROLE OF IPR IN ELECTRONICS

INDUSTRY
• The field of electronics merges with any given
domain and has application in almost each and
every object you see around today.
• Aspects of IPR associated:
• Patent
• SICLD (Semiconductor Integrated Circuit Layout Design)
• Copyright
• Electronics and communications mainly
comprises of the integrated circuit boards. These
boards can be protected by IPR either in terms of
the product or the design of the board.
INDIAN LAW
• In India, we have designed a separate type of
IPR for protection, Semiconductor Integrated
Circuit Layout Design. This is an unique and
special aspect designed for the layout designs
keeping in mind that they cannot be patented.
But the patent protection exists for the
products.
Protection of Designs
• In electronics, a blue print of an integrated
circuit is developed first and then the product
is produced. In India, under Section 3, the
topography of an integrated circuit cannot be
patented. Hence we had developed a certain
type of IPR. SCILD provides the flexibility and
helps in protecting the design.
Semiconductor Intellectual Property
Core
• In an electronic design, a portion or unit of
logic or chip layout is present which is
reusable. This reusable cell is the intellectual
property core or IP block. These cores can be
licensed to another party.
LAYOUT OF INTEGRATED
CIRCUITS
• In modern technology, integrated circuits are essential
elements for a wide range of electrical products, including
articles of everyday use, such as watches, television sets,
washing machines, and cars, as well as sophisticated
computers, smart phones, and other digital devices.
• Developing innovative layout designs of integrated circuits
is essential for the production of ever-smaller digital
devices with more functions.
• While the creation of a new layout-design is usually the
result of an enormous investment, both in financial terms
and in terms of the time required from highly qualified
experts, the copying of such a layout-design may cost only
a fraction of the original investment.
• In order to prevent unauthorized copying of layout
designs and to provide incentives for investing in this
field, the layout design (topography) of integrated circuits
is protected under a sui generis intellectual property
system.
• An “integrated circuit” means a product, in its
final form or an intermediate form, in which the
elements, at least one of which is an active
element, and some or all of the interconnections
are integrally formed in and/or on a piece of
material and which is intended to perform an
electronic function.
• “Layout-design (topography)” means the three-
dimensional disposition, however expressed, of
the elements, at least one of which is an active
element, and of some or all of the
interconnections of an integrated circuit, or such a
three-dimensional disposition prepared for an
integrated circuit intended for manufacture.
What kinds of layout designs are
eligible for protection?
• A layout design of an integrated circuit can be
protected if it is original in the sense that it is
the result of the creators’ own intellectual
effort and not commonplace among creators
of layout-designs and manufacturers of
integrated circuits at the time of the creation.
What kind of protection does a creator of
layout-designs of integrated circuits
enjoy?
• Exclusive right to prevent or stop others from
commercially using the protected layout
designs.
• without the authorization of the right holder,
a protected layout-design, an integrated
circuit incorporating the layout design, or an
article incorporating such a layout design
cannot be imported, sold or otherwise
distributed, for commercial purposes.
TRADE SECRET
• Trade secret is information having commercial value, which
is not in the public domain, and for which reasonable steps
have been taken.
• The Trade Related Aspects of Intellectual Property Rights
(TRIPS) lays down three essential conditions which are to
be fulfilled by any information before it can be considered
undisclosed information (trade secret), they are:-
• Such information must be secret, i.e., not generally known
or readily accessible to "persons within the circles that
normally deal with the kinds of information in question.“
• the information must have commercial value because it is
secret and,
• the information must be the subject of reasonable steps by
its owners to keep it secret.
• Significance of Trade Secrets
• Trade secrets in the industrial economy have increased
greatly in the past few years, for a number of reasons.
• There are mainly two reasons for that, one among
them is that other forms of intellectual property like
Patent, Trademark and Copyright have an element of
uncertainty as compared to Trade Secret.
• Secondly, trade secrets have gained importance
because, in many fields, the technology is changing so
rapidly that it has surpassed the existing laws intended
to encourage and protect inventions and innovations.
• Trade secrets have negative
aspects. They are a volatile form
of property, and they terminate
when secrecy is lost. Also, they
require constant vigilance to
protect them.
• Nevertheless, trade secrets play a
major role in protecting
innovations and establishing rights
to use new technology. It is thus
important for the intellectual
property practitioner to be alert
to the intricacies of this large body
of trade secret law.
• International Protection of Trade Secrets
• Trade Secrets have been provided protection by a large number of
agreements and countries throughout the world. For e.g.: - NAFTA
Member countries must protect trade secrets from unauthorized
acquisition, disclosure or use.

• GATT
On April 15, 1994, the major industrialized nations of the world, including
the United States, concluded the Final Act resulting from the Uruguay
Round of GATT (General Agreement on Tariffs and Trade). GATT
established the World Trade Organization (WTO) and promulgated various
trade-related agreements including TRIPS or the Trade-Related Aspects of
Intellectual Property Rights.
Under GATT, "undisclosed information" must be protected against use by
others without the consent of the owner if the use is contrary to honest
commercial practices. Also, there is third-party liability for
misappropriation if third parties knew or were grossly negligent in not
knowing that such information had been obtained dishonestly.
• Trade Secrets: Their position and protection in India
Position of Trade Secrets in India
• Trade Secrets seems to be a neglected field in India, as there is no
enactment or policy framework for the protection of trade secrets.
This form of intellectual property is a new entrant in India, but is
nevertheless a very important field of IP.
• Protection of trade secrets is a very important and one of the most
challenging tasks for the Indian government as this will enhance the
foreign investment in India giving a boost to the Indian economy.
• Foreign investors have to be assured of the protection of their trade
secrets, so that they can do business with our country. A proper
policy for trade secret protection will further enhance the security in
our own industry.
• Almost all the countries in the world have a policy for the protection
of trade secrets and India also being a signatory to the TRIPS is
under an obligation to amend its laws or create a new law in order
to safeguard the trade secrets of various businesses.
• So a proper policy for the protection of trade secrets in India is the
need of the hour
PARIS CONVENTION
Summary of the Paris Convention for the
Protection of Industrial Property (1883)
• The Paris Convention applies to industrial property in
the widest sense, including patents, trademarks,
industrial designs, utility models (a kind of "small-scale
patent" provided for by the laws of some countries),
service marks, trade names (designations under which
an industrial or commercial activity is carried out),
geographical indications (indications of source and
appellations of origin) and the repression of unfair
competition.
• The substantive provisions of the Convention fall into
three main categories: national treatment, right of
priority, common rules.
• Under the provisions on national treatment, the
Convention provides that, as regards the
protection of industrial property, each
Contracting State must grant the same protection
to nationals of other Contracting States that it
grants to its own nationals. Nationals of non-
Contracting States are also entitled to national
treatment under the Convention if they are
domiciled or have a real and effective industrial
or commercial establishment in a Contracting
State.
• The Convention provides for the right of priority in the case of patents
(and utility models where they exist), marks and industrial designs.
This right means that, on the basis of a regular first application filed in
one of the Contracting States, the applicant may, within a certain
period of time (12 months for patents and utility models; 6 months for
industrial designs and marks), apply for protection in any of the
other Contracting States. These subsequent applications will be
regarded as if they had been filed on the same day as the first
application. In other words, they will have priority (hence the
expression "right of priority") over applications filed by others during
the said period of time for the same invention, utility model, mark or
industrial design. Moreover, these subsequent applications, being
based on the first application, will not be affected by any event that
takes place in the interval, such as the publication of an invention or
the sale of articles bearing a mark or incorporating an industrial
design.
Common Rules
• The Convention lays down a few common rules that all Contracting
States must follow. The most important are:
• (a) Patents. Patents granted in different Contracting States for the
same invention are independent of each other: the granting of a
patent in one Contracting State does not oblige other Contracting
States to grant a patent; a patent cannot be refused, annulled or
terminated in any Contracting State on the ground that it has been
refused or annulled or has terminated in any other Contracting
State.
• The inventor has the right to be named as such in the patent.
• The grant of a patent may not be refused, and a patent may not be
invalidated, on the ground that the sale of the patented product, or
of a product obtained by means of the patented process, is subject
to restrictions or limitations resulting from the domestic law.
• Each Contracting State that takes legislative measures
providing for the grant of compulsory licenses to prevent the
abuses which might result from the exclusive rights conferred
by a patent may do so only under certain conditions.
• A compulsory license (a license not granted by the owner of
the patent but by a public authority of the State concerned),
based on failure to work or insufficient working of the
patented invention, may only be granted pursuant to a
request filed after three years from the grant of the patent or
four years from the filing date of the patent application, and it
must be refused if the patentee gives legitimate reasons to
justify this inaction.
• Furthermore, forfeiture of a patent may not be provided for,
except in cases where the grant of a compulsory license
would not have been sufficient to prevent the abuse. In the
latter case, proceedings for forfeiture of a patent may be
instituted, but only after the expiration of two years from the
grant of the first compulsory license
Marks
• The Paris Convention does not regulate the conditions for
the filing and registration of marks which are determined
in each Contracting State by domestic law. Consequently,
no application for the registration of a mark filed by a
national of a Contracting State may be refused, nor may a
registration be invalidated, on the ground that filing,
registration or renewal has not been effected in the
country of origin. The registration of a mark obtained in
one Contracting State is independent of its possible
registration in any other country, including the country of
origin; consequently, the lapse or annulment of the
registration of a mark in one Contracting State will not
affect the validity of the registration in other Contracting
States.
• Where a mark has been duly registered in the country of origin, it
must, on request, be accepted for filing and protected in its original
form in the other Contracting States. Nevertheless, registration may
be refused in well-defined cases, such as where the mark would
infringe the acquired rights of third parties; where it is devoid of
distinctive character; where it is contrary to morality or public order;
or where it is of such a nature as to be liable to deceive the public.
• If, in any Contracting State, the use of a registered mark is compulsory,
the registration cannot be canceled for non-use until after a
reasonable period, and then only if the owner cannot justify this
inaction.
• Each Contracting State must refuse registration and prohibit the use of
marks that constitute a reproduction, imitation or translation, liable to
create confusion, of a mark used for identical and similar goods and
considered by the competent authority of that State to be well known
in that State and to already belong to a person entitled to the benefits
of the Convention.
• (c) Industrial Designs. Industrial designs must be protected
in each Contracting State, and protection may not be
forfeited on the ground that articles incorporating the
design are not manufactured in that State.
• (d) Trade Names. Protection must be granted to trade
names in each Contracting State without there being an
obligation to file or register the names.
• (e) Indications of Source. Measures must be taken by each
Contracting State against direct or indirect use of a false
indication of the source of goods or the identity of their
producer, manufacturer or trader.
• (f) Unfair competition. Each Contracting State must provide
for effective protection against unfair competition.
Madrid Protocol
• The Madrid Protocol is an
international system for obtaining trade mark
protection for a number of countries and/or
regions using a single application. Protection
(an "International Registration") can only be
obtained for countries and regions which have
joined the system
Accession:

5 years +
5 years
Berne Convention
Berne Convention for the Protection
of Literary and Artistic Works
• The Berne Convention, adopted in 1886, deals
with the protection of works and the rights of
their authors. It provides creators such as
authors, musicians, poets, painters etc. with the
means to control how their works are used, by
whom, and on what terms. It is based on three
basic principles and contains a series of
provisions determining the minimum protection
to be granted, as well as special provisions
available to developing countries that want to
make use of them.
Budapest Treaty
Summary of the Budapest Treaty on the International
Recognition of the Deposit of Microorganisms for the Purposes
of Patent Procedure (1977)
• The main feature of the Treaty is that a contracting State which
allows or requires the deposit of microorganisms for the purposes
of patent procedure must recognize, for such purposes, the deposit
of a microorganism with any “international depositary authority”,
irrespective of whether such authority is on or outside the territory
of the said State.
• Disclosure of the invention is a requirement for the grant of
patents. Normally, an invention is disclosed by means of a written
description. Where an invention involves a microorganism or the
use of a microorganism, disclosure is not possible in writing but can
only be effected by the deposit, with a specialized institution, of a
sample of the microorganism. In practice, the term
“microorganism” is interpreted in a broad sense, covering biological
material the deposit of which is necessary for the purposes of
disclosure, in particular regarding inventions relating to the food
and pharmaceutical fields.
• It is in order to eliminate the need to deposit in each
country in which protection is sought, that the Treaty
provides that the deposit of a microorganism with any
"international depositary authority" suffices for the
purposes of patent procedure before the national
patent offices of all of the contracting States and
before any regional patent office (if such a regional
office declares that it recognizes the effects of the
Treaty). The European Patent Office (EPO), the Eurasian
Patent Organization (EAPO) and the African Regional
Intellectual Property Organization (ARIPO) have made
such declarations.
• What the Treaty calls an "international depositary authority"
is a scientific institution - typically a "culture collection" -
which is capable of storing microorganisms. Such an
institution acquires the status of "international depositary
authority" through the furnishing by the contracting State in
the territory of which it is located of assurances to the
Director General of WIPO to the effect that the said
institution complies and will continue to comply with certain
requirements of the Treaty.
• On July 28, 2020 there were 48 such authorities: seven in
the United Kingdom, four in the Republic of Korea, three in
China, India, Italy and the United States of America, two
each in Australia, Japan, Poland, the Russian Federation and
Spain, and one each in Belgium, Bulgaria, Canada, Chile, the
Czech Republic, Finland, France, Germany, Hungary, Latvia,
Mexico, Morocco, the Netherlands, Slovakia and
Switzerland.
• The Treaty makes the patent system of the contracting State more
attractive because it is primarily advantageous to the depositor if he is
an applicant for patents in several contracting States; the deposit of a
microorganism under the procedures provided for in the Treaty will
save him money and increase his security. It will save him money
because, instead of depositing the microorganism in each and every
contracting State in which he files a patent application referring to that
microorganism, he will deposit it only once, with one depositary
authority. The Treaty increases the security of the depositor because it
establishes a uniform system of deposit, recognition and furnishing of
samples of microorganisms.
• The Treaty does not provide for the institution of a budget but it does
create a Union and an Assembly whose members are the States which
are party to the Treaty. The main task of the Assembly is the
amendment of the Regulations issued under the Treaty. No State can
be requested to pay contributions to the International Bureau of WIPO
on account of its membership in the Budapest Union or to establish an
"international depositary authority".
• The Budapest Treaty was concluded in 1977

You might also like

pFad - Phonifier reborn

Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


Alternative Proxies:

Alternative Proxy

pFad Proxy

pFad v3 Proxy

pFad v4 Proxy