INTELLECTUAL PROPERTY RIGHTS (IPR)

Mr. Deepak D. Gadade Asst. Professor, Dept. of Pharmaceutics, Shri Bhagwan College of Pharmacy, Aurangabad
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Creativity

G. Bell

G. Bell

Michael Faraday

Electro magnetic waves 3

What is Intellect is property?

Intellectual property
Creation of human mind and intellect Idea or a concept or a thought at the beginning Research and Development to lead the idea or thought to practice The outcome of these ideas may be development of products, processes, works marks and design, etc.
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Intellect is property?
Documentation
Legal authorization by Govt. Description

Ownership
Time duration Fee

Commercial Value

Why IPR is important?

Reward original efforts Stimulate innovation and creativity Prevent duplication of work? Commercial value in research? Prevent exploitation of workers? Technical information for research & to prevent litigation?
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Forms of IPR
Patents Trade secrets CopyRights

Plant Breeder Rights

IPR

Trademark

Int. circuits
Geographical Indication

Ind. Design

Patents
Patent defined in Patents Act as patent granted for any invention under the Act.
Territorial (national) Statutory exclusive right Granted by the Government To inventor or their assignees In consideration of disclosure of the invention to the government To prevent third parties not having his consent from making, using, offering for sale, selling or importing for those purposes the products or products produced by the patented processes (Sec. 48) For a limited period of time (20 years) Qualified rights with duties and liabilities
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Natco Pharma Bags licence to sell Bayers Nexavar

Nexavar- Bayers Patented Anticancer Product Reasonable Public criteria (Bayer can supply drug to only 2% of cancer patients in INDIA) Reasonably Affordable
Particulars Bayer, Germany Natco, India Status Patent Owner Compulsory license Cost of Therapy Rs. 2.8 lakh Rs. 8880 Royalty paid Negotiable 6% of profit

Drug was mfg. in Germany not in INDIA NATCO Share Rate increase by 6.17% (12 Months highest increase)
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Copyright
Objective: To ensure protection from unlawfully exploitation of the work of owner(Author) Copyright act provides exclusive rights to authors

and other owners of original works.

Exclusive privilege to authors to reproduce,

distribute, perform, or display their creative

works.
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Copyright

Literary

Dramatic

Musical

Artistic

Films

Sound Recording

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Trademark
Word or symbol used by manufacturers to identify goods. Customer able to distinguish product of one manufacturer from that of other. Initial registration for 10 yrs and further renewed by payment of fees for unlimited period.

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Trademark

LABEL

PEPSI / COCA COLA

NAME -

TATA / BIRLA / GODREJ/ Reliance

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Geographial indication

Geographical Indication ?

Indication which identifies such goods (as agricultural goods, natural

goods or manufactured goods) as originating or manufactured or processed in territory of the country or locality of the territory

Quality and reputation of such goods are attributable to geographical

origin

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GEOGRAPHICAL INDICATIONS

Kolhapuri Chappal

Puneri Pagdi

Lonavala Chikki

Assam Black tea

Scotch Whisky

Haldiram Bhujia
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DESIGN
Includes shape; configuration; composition of colours, lines. Main criteria: a) Novelty b) Originality Registration of design
Currently governed by Design Act 2001 Total time: 15 years

Initially right is granted for 10 yrs then can be extended by 5 yrs by

making application along with necessary fee.
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Designs
Pen Drive Fancy Car

Fancy jar

Baby Shoe Medal Mobile

Shoe

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Trade Secret

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Plant variety Protection

Singapore Coconut

Legal protection granted by govt. for protection of plant varieties, right of farmers and plant breeders
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Integrated Circuits
Specific manner in which transistors & other circuitry elements of IC are laid out and includes connecting elements.

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Laws in India
Trade marks The Trademarks Act 1999 Copy Right Works- The Copyright Act 1957 Designs- lines colours shapes etc. The Designs Act 2000 Inventions- Products or Process-The Patents Act 1970 Plant variety protection Plant Varieties and Farmers' Rights Act, 2001 Integrated circuits- The Semiconductor Integrated Circuits Layout-design Act, 2000 Geographical Indications - Geographical Indications of
Goods (Registration and Protection) Act, 1999 came in force with effect from September 2003.
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A Brief
Patent Patents are exclusive right for new and useful inventions e. g. Dosage forms Trademark- Trademarks are identification marks of manufactures e.g. Coca-Cola. It protects against imitations of the products as long as they are in trade. Copyright- Right for creative, literary works and artistic works e.g. Books, movies

Industrial design- Protects external look and design of industrial products e. g. spare parts
Trade secret- Confidential information
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Approach to the protection of Intellectual Property

Suppose you invent a Laptop/ Dissolution Test Apparatus with newer features Register Patent for the technology, Design for the appearance, Trademark for its brand and Copyright for the accompanying literature.
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Thank you

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