INTELLECTUAL PROPERTY RIGHTS (IPR)

Mr. Deepak D. GadadeAsst. Professor,

Dept. of Pharmaceutics,Shri Bhagwan College of Pharmacy, Aurangabad

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Creativity

G. Bell

Michael Faraday

G. Bell

Electro magnetic waves 3

What is Intellect is property?

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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?

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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

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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 Bag’s licence to sell Bayer’s Nexavar

• Nexavar- Bayer’s Patented Anticancer Product• Reasonable Public criteria (Bayer can supply drug

to only 2% of cancer patients in INDIA)• Reasonably Affordable

• Drug was mfg. in Germany not in INDIA• NATCO Share Rate increase by 6.17%

(12 Months highest increase)

Particulars Status Cost of Therapy

Royalty paid

Bayer, Germany Patent Owner Rs. 2.8 lakh Negotiable

Natco, India Compulsory license Rs. 8880 6% of profit

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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.12

Copyright

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Films

Literary Dramatic

Musical Artistic

Sound Recording

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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LABEL - PEPSI / COCA COLA

NAME - TATA / BIRLA / GODREJ/

Reliance 15

Trademark

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

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Scotch Whisky

Kolhapuri

Chappal

Haldiram Bhujia

Puneri Pagdi

Lonavala

Chikki

Assam Black tea

DESIGN

• Includes shape; configuration; composition of colours, lines.

• Main criteria: a) Novelty b) OriginalityRegistration 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 CarFancy jar

Baby Shoe Shoe

MedalMobile

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Trade Secret

Plant variety Protection

• Legal protection granted by govt. for protection of plant varieties, right of farmers and plant breeders

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Singapore Coconut

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 information24

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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