introduction to ipr

INTRODUCTION TO IPRAND

PATENTS

What is Intellectual property rights?

• The term intellectual property refers broadly to the creations of the human mind.

• Intellectual property, very broadly, means the legal rights which result from intellectual activity in the industrial, scientific, literary and artistic fields.

• Intellectual property rights protect the interests of creators by giving them property rights over their creations

T.Sandhya, M.Pharm (Ph.cology)I/II

Countries have laws to protect intellectual property for two main reasons.

To give statutory expression to the moral and economic rights of creators in their creations and the rights of the public in access to those creations.

The second is to promote creativity and to encourage fair trading which would contribute to economic and social development.

T.Sandhya, M.Pharm(ph.cology)I/II

Intellectual property is traditionally divided into two categories:

Industrial property, which includes inventions (patents), trademarks, industrial designs, and geographic indications of source and

Copyright, which includes literary and artistic works such as novels, poems, plays, films and musical works etc.


The World Intellectual Property Organization (WIPO), concluded in Stockholm on July 14, 1967 provides that “intellectual property shall include rights relating to:

Literary, artistic and scientific works, Performances of performing artists, phonograms and

broadcasts, Inventions in all fields of human endeavor, Scientific discoveries, Industrial designs, Trademarks, service marks and commercial names and

designations, Protection against unfair competition.


According to the TRIPS Agreement, the Intellectual property has been classified into:

Patents, Industrial Designs, Trade Marks, Copyright, Geographical Indications, Layout Designs of Integrated Circuits, Trade Secrets


TYPE TERM REGISTRATION

Patent 20 years compulsory

Copyright Life & 60 years optional

Trademark 10 years + renewable optional

Designs 10 + 5 years compulsory

Trade secrets As long as kept No registration

Integrated circuits 10 years compulsory

Geographical indications 10 years + renewal compulsory


Introduction to patents The word ‘Patent’ originated from the Latin word “litterae

patentes”, meaning – An Open letter

Practically, a patent is an document, issued, upon application, by a government office (or a regional office acting for several countries), which describes an invention and creates a legal situation in which the patented invention can normally only be exploited (manufactured, used, sold, imported) with the authorization of the owner of the patent).


Objects of patent law

Patent encourages innovations. Offers protection for disclosure. Provides right to exploit commercially. Instills confidence in licensees. Products of wide range utility expected to emerge. Facilitates economic development.


Conditions of patentability: Industrial Applicability (utility). The invention must be of

practical use, or capable of some kind of industrial application. Novelty. It must show some new characteristic that is not

known in the body of existing knowledge (referred to as prior art ) in its technical field.

Inventive step (non-obviousness). It must show an inventive step that could not be deduced by a person with average knowledge of the technical field.

Patentable subject matter. The invention must fall within the scope of patentable subject matter as defined by national law. This varies from one country to another.


Examples of fields of technology which may be excluded from the scope of patentable subject matter includes the following:

Discoveries of materials or substances already existing in nature;

Scientific theories or mathematical methods; Plants and animals other than microorganisms, and essentially

biological processes for the production of plants and animals, other than non-biological and microbiological processes;

Schemes, rules or methods, such as those for doing business, performing purely mental acts or playing games;

Methods of treatment for humans or animals, or diagnostic methods practiced on humans or animals (but not products for use in such methods)


Types of patents

• Product patent: The creation of a new product is a product invention.

Ex: 5 U.S patents for zidovudine, 2 stavudine

Pfizer company got patent on Lipiter ( Atorvastatin), Neurontin (Gabapentin)

• Process patent: The invention of a new method or process of making a known or new product is a process invention.

Ex: Novel process for extract of Asshwagandha


The rights conferred by a patent are not described in the patent itself. Those rights are described in the patent law of the country in which the patent is granted. The patent owner’s exclusive rights generally consist of the following:

• In the case of a product patent, the right to prevent third parties without the owner’s consent from making, using, offering for sale, selling or importing the product;

• In the case of a process patent, the right to prevent third parties without the owner’s consent from using the process; and to prevent third parties from using, offering for sale, selling or importing for these purposes the products which were obtained directly by that process.


Neem

There are more than 40 patents, mainly for Neem pesticides, held by laboratories in U.S.A. & U.K.

A U.S. company, W.R. GraceW.R. Grace, was granted a patent for Neem as a pesticide.

India has granted more than 80 patents on Neem.

W.R.Grace’s patent was revoked as piracy, as the oil from neem has been used traditionally by farmers to prevent fungus. (The Hindu, March 9, 2005)


Triomune : AIDS Drug

Cipla , a Mumbai-based generic Cipla , a Mumbai-based generic AIDS drugs manufacturer has AIDS drugs manufacturer has patented its three-in-one patented its three-in-one combination anti-retroviral (ARV) combination anti-retroviral (ARV) tablet, Triomune, in South Africa.tablet, Triomune, in South Africa.

The Co. is also seeking patents in The Co. is also seeking patents in 17 other countries in Africa, which 17 other countries in Africa, which is the epicenter of the AIDS is the epicenter of the AIDS pandemic.pandemic.

Triomune contains a fixed dose of Triomune contains a fixed dose of three generic AIDS drugs, three generic AIDS drugs, Nevirapine, Stavudine & Nevirapine, Stavudine & Lamivudine. Lamivudine.


Cow Urine Patent

U.S. Patent No. 6410059 on Pharmaceutical compositions containing Cow urine distillate and an antibiotic as a bio-enhancer was granted to the CSIR.


introduction to ipr

Documents

intellectual property

industrial property

term intellectual property

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intellectual activity

industrial designs

legal rights

economic rights of creators