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INTELLECTUAL

PROPERTY RIGHTS (IPR)


By Nikhil Dhargawe
JR 2
Dept. of Pharmacology
GMC, Nagpur

CONCEPT OF INTELLECTUAL
PROPERTY
Product emanating from creativity of human mind
Can be an invention, original design, Trademarks, artistic

creation etc.

Earlier times only physical or tangible assets fetched the

maximum value

With passage of time new ideas and new inventions came

to forefront which brought about industrial, economical and


cultural development in society

These new activities form intangible assets so another

form of property right was generated

This Property right pertaining to such intangible assets is

called Intellectual Property Rights, popularly known as IPR

INTELLECTUAL PROPERTY
Can be bought, sold, mortgaged, licensed, exchanged or

gratuitously given away like other forms of property


Importance of Intellectual Property Rights

By acquiring a legal right over the property,


the creator seeks : Exclusive right over it
It can be put to use by others only with his consent
Besides ownership, IPR gives legal recognition and

reward you receive for your creative efforts

TYPES OF IPR
Intellectual Property

A) Industrial Property

Patents, Design, Trademarks,


Geographical Indications etc.

B)Copyright

Writings, Musical work,


Audio-visual work,
Dramatic work, Painting & Drawing,
Sound recording, Broadcasts,
actors, singers etc.

INDUSTRIAL PROPERTY
Patents : Granted for Inventions

Trademarks : for identification of


manufacturer or vendor of the product

Geographical Indications : referring to a


country or place of origin of that product

Designs : for creations determining


appearance of industrial product

PATENTS
Exclusive right granted by Government to applicant for his

disclosed invention of industrial product or process

which should be new, non-obvious, useful and patentable as

per patentability criteria

Provides legal protection for a limited term for his invention

A contract between an Inventor/applicant and Government

Gives territorial right in the country where it is granted

DESIGNS
Only the features of shape, configuration, pattern,

ornament, composition of colour or line or a combination.

Great commercial value : shape or configuration of the

article can be a great selling point

TRADEMARK
Visual symbol in the form of Word, Name, Logo, Label etc.

To indicate origin of

manufacture or service or vendor


Enables customer to distinguish

the product

GEOGRAPHICAL
INDICATION
It identifies
agricultural, natural
or manufactured
goods, originating
from a definite
territory

Indication of origin of
a particular product

COPYRIGHTS
Protection that covers published and unpublished literary,

scientific and artistic work

Not given for just an idea, but subsists only in the

material form to which ideas are translated or expressed

Unauthorised copying or reproduction of authors work

amount to infringement

Fair dealing with work for private uses i.e. study,

research, review, criticism etc. without intention of


commertial gain is not an infringement

IP IN A PRODUCT

Patent

TM

Design

RELATIONS BETWEEN IPR


The logo Coca-Cola is an example for
TRADEMARK.
Shape of the bottle an INDUSTRIAL
DESIGN.
PATENTS may have been obtained in
respect of bottling equipment.
COPYRIGHT - in respect of the text,
database or artistic work appearing on
its website.
i.e a single product can be protected
by more than one IPR

HISTORY OF INDIAN
PATENT SYSTEM
Nature of patent rights in India under british rule

1856

Design the patents and Design protection Act 1872


Indian patent and design Act 1911
Amended till 1945 before independence
After independence for making the country self

reliant in technology

Modified 1952
Patent act 1970 : landmark in industrial development

of India (basic encourage and secure the inventions


for commercial scale)

Patent act 1970 reasonable balance between adequate

and effective protection of patent vs technological


development, public interest and specific needs of the
country

Act of 1970 criticize for having only process patent

and not product patent in certain areas like food,


medicines/drugs, chemical sector and short term of
patent i.e. 7-14 years

Amendment provision for filing of product patent in field

of drugs and agrochemicals

Amend 2003 : provision for 20 years term for patent

ADMINISTRATION

Ministry of Commerce & Industry


Dept. Of Industrial Policy & Promotion

O/Controller general patents , designs & trade marks


Patent & Design
Office

Kolkata
Delhi
Mumbai
Chennai

Trade Marks
Registry

Mumbai
Kolkata
Delhi
Chennai
Ahmedabad

Geographical
Indications
Registry

Chennai

Patent
Information
System

RGNIIPM
NAGPUR

PATENTABILITY CRITERIA
FOR INVENTION
As per patents act, 2005
Invention is

A new product or process

Involving an inventive step (non- obviousness)


Capable of industrial application

NOVELTY OF INVENTION
Invention is considered new, if :

Does not form part of state of art

It is not anticipated by previous knowledge in public

domain by way of prior publication anywhere in the world

INVENTIVE STEP (NONOBVIOUSNESS)

Must be something that represents significant and

essential improvement over prior art

CAPABLE OF INDUSTRIAL
APPLICATION

Must have practical application

PATENTABILITY CRITERIA

Not enable patentee to enjoy monopoly for patented

article in country.
Note: Products vital for our economy such as agriculture

and horticulture products, atomic energy inventions and


all living things are not patentable.

WHAT CAN/CAN NOT BE


PATENTABLE?

Under section 3 & 4 of patent act

WHAT CAN/CAN NOT BE PATENTABLE?

3(a) invention which is frivolous or which claims anything

obvious contrary to well established natural laws


Frivolous : merely making article in one piece which was

previously made in 2 or more pieces

WHAT CAN/CAN NOT BE PATENTABLE?


CONTD..

3(b) an invention contrary to public order or mortality or which

causes serious prejudice to human, animal or plant life or heath


or to the environment

3(c) Mere discovery of scientific principle or formulation of

abstract theory or discovery of any living thing or non living


substances occurring in nature

Note: scientific principle is not patentable but when it is used to

result into a substance or article or process may be patentable

Note: scientific theory leading to practicle application may be

patentable

WHAT CAN/CAN NOT BE PATENTABLE?


CONTD..

3(d) discovery of new form of known substance which does not

result in enhancement of known efficacy


Or

discovery of any new property or new use for a known substance

Or
Mere use of known process, machine or apparatus unless such

known process result in new product or employs atleast one new


reactant

Ex: mere use of aspirin for cardiovascular disease, which was

earliar used for analgesic purpose is not patentable

Means 2nd and 3rd use of known substance is not allowed for

patent

WHAT CAN/CAN NOT BE PATENTABLE?


CONTD..

3(e) Substance obtained by mere admixture resulting

only in aggregation of properties of the components


thereof or process for producing such substance

WHAT CAN/CAN NOT BE


PATENTABLE? CONTD..

3(f) mere arrangement and rearrangement or duplication

of known devices in functioning independently od one


another in a known way
Ex: mobile with fan, spoon with torch, clock with

thermometer

WHAT CAN/CAN NOT BE PATENTABLE?


CONTD..

3(h) method of agriculture or horticulture

Ex:

1) new form of known plant


2) Producing improved soil from soil with nematodes by
treating the soil with preparation containing specified
phosphorathioates

WHAT CAN/CAN NOT BE PATENTABLE?


CONTD..

3(i) any process for medicinal, surgical, curative, prophylactic,

diagnostic, therapeutic or other treatment of human being

Or
Any process for a similar treatment of animals to render them

free of disease or to increase their economic value or that of


their products

Ex: method of treatment of malignant tumours


Method of surgery or therapy for treatment of human or animal
body
Prophylactic treatment such as vaccination, inoculation
However surgical therapeutic or diagnostic instrument or
apparatus can be patentable

WHAT CAN/CAN NOT BE PATENTABLE?


CONTD..

3(k) a mathematical or business method

Or
A computer program per se or algorithms

3(l) a literary, dramatic, musical or artistic work or any

other asthenic creation (cinematographic works


television production)

WHAT CAN/CAN NOT BE PATENTABLE?


CONTD..

3(m) A mere scheme or rule or method of performing

mental act or method of playing game

3(n) a presentation of information

3(o) topography of integrated circuits

WHAT CAN/CAN NOT BE PATENTABLE?


CONTD..

3(p) an invention which in effect is traditional knowledge

or which is aggregation or duplication of known


properties of traditionally known components

WHAT CAN/CAN NOT BE PATENTABLE?


CONTD..

Under section 4

No patent shall be granted in respect of an invention

relating to atomic energy

Thank you

Importance of Intellectual
Property Rights
The intellectual property rights were
essentially recognized and accepted all over
the world due to some very important
reasons.
a. To provide incentive to the individual for new
creations.
b. Providing due recognition to the creators and
inventors.

VARIOUS KINDS OF IPRS


PATENTS:

- Inventions
-Technical Solution to a Technical problem
INDUSTRIAL DESIGNS:

- External features appealing to an eye


- New Shape, Pattern or Configuration
TRADE MARK:

- A Visual Symbol as Word, Name, Logo,


- Applied on Article of Manufacture or Service
-

To indicate the origin of manufacture/service.

Label etc

COPYRIGHT-

Artistic creation
Proprietary right
Comes into existence as soon as the work is created
GEOGRAPHICAL INDICATIONS

Identifies agricultural, natural or manufactured goods


Originating from a definite territory in India
Possessing special quality or reputation
Based upon unique characteristics of the geographical

location

PATENTS
Patent is an exclusive monopoly right

granted by Government of India


for an Invention
to the Inventor or his Assignee
as a Territorial Right
In lieu of Disclosure of invention to the Government
Term of Patent: 20 years from date of filing

Patent Act & Rules


In India, Patent rights are governed by the Patent Act,1970.
At present 3rd amendment of Act known as
Patent (Amendment) Act, 2005 is in force.
For application of Patent Act, rules are made by the
Government, which are known as Patent Rule, 2003, as of
now Patent (Amendment) Rule, 2006 and further updated in
Sept2015 are in force.
For better understanding of Act & Rules, Draft Manual of
Patent Practice & Procedure (MPPP), 2008 is made by the
patent office.

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