intellectual property right
Post on 20-Oct-2014
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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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