Intellectual Property rights

Category: Education

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Intellectual Property rights PATENT, TRADEMARK COPYRIGHT


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INTELLECTUAL PROPERTY RIGHTS (IPR) Mr. Deepak D. Gadade Asst. Professor, Dept. of Pharmaceutics, Shri Bhagwan College of Pharmacy, Aurangabad 1

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Intellectuals Solve Problems; Geniuses prevents them Albert Einstein 2


Creativity G. Bell Michael Faraday G. Bell Electro magnetic waves 3

What is Intellect is property?:

What is Intellect is property? 4

Intellectual property:

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. 5

Intellect is property?:

Intellect is property? 6

Why IPR is important?:

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? 7

Forms of IPR:

Forms of IPR 8


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 9

Natco Pharma Bag’s licence to sell Bayer’s Nexavar:

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 10

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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 13 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. 14

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Geographial indication:

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 16


GEOGRAPHICAL INDICATIONS 17 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) Originality Registration 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. 18


Designs Pen Drive Fancy Car Fancy jar Baby Shoe Shoe Medal Mobile 19

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20 Trade Secret

Plant variety Protection:

Plant variety Protection Legal protection granted by govt. for protection of plant varieties, right of farmers and plant breeders 21 Singapore Coconut

Integrated Circuits :

Integrated Circuits Specific manner in which transistors & other circuitry elements of IC are laid out and includes connecting elements. 22

Laws in India:

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. 23

A Brief…:

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 information 24

Approach to the protection of Intellectual Property :

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. 25

Thank you:

Thank you 26

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