A Seminar on….

INTRODUCTION TO INTELLECTUAL PROPERTY RIGHTS

Under the guidance ofProf. Laware R.BPG Co-ordinator

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Presented ByMiss. Mhaske Nisha SanjayM.Pharm (Q.A.T)2nd sem.Roll No.07Pravara Rural College Of Pharmacy, Pravaranagar.

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CONTENTSIntroduction to IPR

Divisions of IPR

Patent, Patent act,1970

Trademark

Copyrights

Geographical Indication

Industrial Design

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What is Intellectual Property?

Definition by WIPOIntellectual property (IP) refers to creations of the mind:

inventions, literary and artistic works, and symbols, names,

images, and designs used in commerce.

IP means the property which is created with intellect, and the

legal rights conferred on such property are called as

“Intellectual Property Rights”(IPR).

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Think Away Think Away From The BoxFrom The Box

Creativity (Creation Of The Mind)

Creativity is the ability to

– Think / come up with new idea

– Design new “inventions”

– Produce “works of art”

– Solve problems in new ways, or develop a new idea

based on an “original” knowledge.

– Novel or unconventional approach.

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Generate Ideas…..Generate Ideas…..And Own Them…..IPR And Own Them…..IPR

!!

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Industrial Property• Patents• Trade marks• Geographical Indications• Industrial designs Copyright & related rights

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IP Portfolio

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Patent US7395821

TrademarkMulti-Haler™

Design No.

211208

Trade SecretKnow-how

Copyright

Novel & Inventive

External Appearance

Confidential Informn&

Undisclosed Tech

Package Insert/ Information Leaflet

Brand Name

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TRIPS & WIPOThe TRIPS (Trade Related Aspects of Intellectual Property Rights)

Agreement came into being with the establishment of the WTO (World

Trade Organization) effective from 1st January, 1995.

WIPO

•UN organization dedicated to promoting the use and protection of works of

the human spirit.

•Headquarters in Geneva, Switzerland.

•185 nations as member states.

•Manages all IPs.

•Training through Academy and Seminars.

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What is a Patent ? A patent is a protection given to a patentee for an invention

for a limited term by the government for disclosing the

invention.

Patent is a monopoly right granted by the Central

Government to the applicant (subjected to certain

conditions) for a limited period (20 years) in lieu of full

disclosure of invention.

Right to exclude others from using your invention.

Owner has a qualified right to use the invention.

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Three Statutory Pillars of

PATENTABILITY

1. Novelty (new)

2. Inventive Step (non-obvious)

3. Industrial Applicability (utility)

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Conditions of Patentability• Novelty: Invention not known to public prior to claim by

inventor

• Inventive Step: Invention would not be obvious to a person

with ordinary skill in the art

• Industrial Application: Invention can be made or used in any

useful, practical activity as distinct from purely intellectual or

aesthetic one.

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Grant of Patent• Patents are granted by national patent offices after publication

and substantial examination of the applications

• In India provisions exist for pre-grant and post grant

opposition by others

• They are valid within the territorial limits of the country

• Foreigners can also apply for patents

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What is not Patentable (a) Frivolous, Contrary To Natural Lawse.g. Machine giving more than 100% performance, Perpetual motion machine, Newton’s laws of gravitation.

(b) Contrary To Public Order Or Morality, Prejudice To Human, Animal Or Plant Life Or Health Or To The Environment;e.g. device for house-breaking,

Biological warfare material or device.

(c) Mere Discovery Of Scientific Principle, Abstract Theory, Living Thing Or Non-living Substances

(d) Mere Discovery Of New Form, New Property, New Use Of A Known Process, Machine Or Apparatus.

Patents Act, 1970

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(e) Mere Admixture (SYNERGY)(f) Mere Arrangement, Re-arrangement, Duplication of known devices.e.g. A Bucket fitted with torch, An Umbrella with fan, A Clock and radio in a single cabinet, A flour-mill provided with sieving.

(g) Method Of Agriculture Or Horticulture;e.g. Cultivation of algae , Producing new form of a known plant, Preparation of an improved soil

(h) Plants, Animals, Including Seeds Varieties, Species, Biological Processes. Exception: Microorganisms

Cont…

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(k) Mathematical Or Business Method Or A Computer Program Per Algorithms;

(l) Literary, Dramatic, Musical Or Artistic Work, Other Aesthetic Worke.g. Method for solving a crossword puzzle, Method of learning a language, Method of teaching /learning

(m) Mere Scheme, Rule, Method Of Performing Mental Act, Playing Game;

(n) A Presentation Of Information;

(o) Topography Of Integrated Circuits;

(p) Traditional Knowledge

Cont…

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Trademarks

Word Mark

Device Marks(Signs, Symbols, Logos)

Collective Marks

Certification Marks

Service Marks

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• Trade Mark can be -o sign , words, letters, numbers, o drawings, pictures, emblem, o colours or combination of colours,o shape of goods, o graphic representation or packaging or o any combination of the above

• Registration of Trade Mark• Trade Marks are registered by national trade mark registries

and are valid in that country• Registration is made after examination and publication• Period of registration is for 10 years but can be renewed

indefinitely

Trademarks

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Trade marks

Name

Logotype

Symbol

Slogan

Shape

Color

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Copyrights & Related RightsCopyright is a legal term describing rights given to creators for their literary and artistic works.

Copyright - ExtensionIT Revolution !

RecordingsBroadcastingsAudio visual worksComputer programsDigital databasesInternet/webCable and Satellite T.V.•Indian Copyright Amendment Bill

•Passed by Rajya Sabha on 17th May, 2012

•Passed by Lok Sabha on 22nd May, 201218 24/04/2014

IPR And Copyright

Avoid verbatim reproduction (Plagiarism) - Likely to cause Copyright violations.

Always acknowledge / obtain prior permission. Abstract / Summary may be written in one’s own language /

quote the source.

“Copyright” / “All rights reserved”“Do not use, reprint, reproduce or distribute

without prior permission”

Quoting Medical References from Journals and Books

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Therapeutic Goods Legislation Amendment (Copyright), 2011Australia

To block frivolous Copyright infringement suits in Pharma / Medicine product inserts.

G.I.(Geographical Indications)

Name or sign used on goods

originating from specific geographical

origin or location and possess

qualities, reputation or characteristics

that are essentially attributable to that

place of origin.

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Geographical Indication

India, as a member of the World Trade Organization (WTO),

enacted the Geographical Indications of Goods (Registration &

Protection) Act, 1999

Geographical Indications of Goods

(Registration & Protection) Act, 1999

Geographical Indications of Goods

(Registration & Protection) Rules, 2002

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Industrial Designs Ornamental or Aesthetic aspect of an article.

3-D or 2-D features such as shape or surface, patterns, lines or color.

Industrial designs are applied to products of industry and handicraft, technical

and medical instruments, watches, jewelry, house wares, electrical appliances,

luxury items, vehicles, architectural structures, textile designs.

Does not protect any technical features of the article to which it is applied to.

Indian Designs Act, 2000 & Rule, 2001 (amended upto 2008).

To promote and protect the design element of industrial production.

Aimed to enact a detailed classification of design to conform to the

international system and To take care of the proliferation of design related

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References• Forensic Pharmacy, by Sachin C.Itkar, B.S.Kuchekar, 9th

edition-Jan 2012, Nirali Prakashan, Page no.16.1-16.20

• Forensic Pharmacy, by C.K.Kokate, S.B.Gokhale, 2nd

Reprint,2009 Pharmamed Press, Page no.176-185.

• “One Should Know Everything About Patent”

• Indian Patent Act

• “Intellectual Property Policies For the Twenty-First Century:

The Japanese Experience in Wealth Creation”, Arai,

Hisamitsu, WIPO Publication Number 834(E).2000.

• “Intellectual Ownership” Connell, Shaun, October 2007.24/04/2014

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• “Gowers Review of Intellectual Property”, gowers, Andrew, Her

Majesty‘s Treasury, November 2006. ISBN 978011840839.

• “Intellectual Property Rights and Economic Development” Maskus,

Keith E. Case Western Reserve Journal of International Law,

Vol.32,471.

• “The Economics of Intellectual Property protection in The Global

Economy” Lai, Edwin, Princeton University.April 2001.

• Forensic Pharmacy, B.S.Kuchekar, A.M.Khadatare, 2nd edition-

Aug.2000.

• “Against Intellectual Property” Kinsella, Stephan, Journal of

Libertarian Studies 15.2(Spring 2001):1-53.

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