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INTELLECTUAL PROPERTY RIGHTS Patents Copyrights Trademarks Geographical Indications Industrial Designs


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INTELLECTUAL PROPERTY RIGHTs By : Vilegave Kailash Dept. of Pharmaceutics, Shivajirao S Jhondhle College of Pharmacy Asangaon Dept. of Pharmaceutics 1


Contents Introduction Patents Copyrights Trademarks Geographical Indications Industrial Designs References Dept. of Pharmaceutics 2

Introduction :

Introduction IPR have become important in the face of changing trade environment like global competition, high innovation risks, high investment in R&D, production and marketing. In order to maintain continuous stream of new ideas and experimentation IPR is important. IPR as a collective term includes the following independent IP rights which can be collectively used for protecting different aspects of an inventive work for multiple protection:- Dept. of Pharmaceutics 3

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Patent :

Patent A patent is a set of exclusive rights granted by a state to an inventor or his assignee for a fixed period of time to make, use, manufacture and market the invention, provided the invention satisfies certain conditions stipulated in the law. Exclusive rights implies that no else can make, use, manufacture or market the invention without the consent of the patent holder. A patent in the law is a property right and hence, can be gifted, inherited, assigned, sold or licensed. Dept. of Pharmaceutics 5

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The patent right is territorial in nature and inventors/their assignees will have to file separate patent applications in countries of their interest. From 2002, India follows both the product and process-patent systems. Dept. of Pharmaceutics 6


COPYRIGHTS Copyright is a right, which is available for creating an original literary or dramatic or musical or artistic work. The Copyright Act, 1957 as amended in 1983, 1984, 1992, 1994 & 1999 governs the copyright protection in India. Copyright gives protection for the expression of an idea & not for the idea itself. Term for protection (literary work): the author’s life + 60 years. Use of copyright notice is optional. Office of Registrar of Copyrights in New Delhi. Dept. of Pharmaceutics 7

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It gives the rights to creator of the work to reproduce the work, make copies, translate, adapt, sell or give on hire & communicate the work to public. Transfer of copyright: For the entire world or for a specific country or territory; or For the full term of copyright or part thereof; or Relating to all the rights comprising the copyright or only part of such rights. Dept. of Pharmaceutics 8


TRADEMARKS A trademark is a distinctive sign, which identifies certain goods or services as those produced or provided by a specific person or enterprise. It may be one or combination of words, letters, and numerals. Also consists of drawings, symbols, three dimensional signs or colours used as distinguishing feature. It provides to the owner of the mark by ensuring the exclusive right to use it to identify goods or services, or to authorize others to use it. Dept. of Pharmaceutics 9

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Enactment of the Indian Trademarks Act 1999 has some features not present in the 1958 Act & these are: Registration of service marks, collective marks and certification marks. Increasing the period of registration and renewal from 7 years to 10 years. Allowing filing of single application for registration in more than one class. Enhanced punishment for offences related to trademarks. Simplified procedure for registration of registered user. Dept. of Pharmaceutics 10

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Service marks: Service means service of any description made available to potential users and includes the provision of services in connection with the business of industrial or commercial matters such as banking, education, financing, transport, storage, construction and advertising etc. Marks used to represent such services known as service marks. Dept. of Pharmaceutics 11

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OR ? Dept. of Pharmaceutics 12


GEOGRAPHICAL INDICATION Geographical Indications, in relation to goods, means and indication which identifies such goods as agricultural goods, natural goods or manufactured goods as originating or manufactured in that territory of a country, or a region or locality in that territory, where a given quality, reputation or other characteristics of such goods is essentially attributable to its geographical origin. Dept. of Pharmaceutics 13

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New in India. Comes to knowledge after signed the TRIPS Agreement. Term of GI protection: For a period of 10 years but may be renewed form time to time for an unlimited time. Dept. of Pharmaceutics 14


INDUSTRIAL DESIGN Design as per Indian Act means the features of shape, configuration, pattern, ornaments or composition of lines or colours applied to any article-whether in two or three dimensional or in both forms-by any industrial process or means, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye; but it does not include any mode or principle of construction. Dept. of Pharmaceutics 15

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Dept. of Pharmaceutics 16 Essential requirements for registration of design: The design should be new or original. Design should relate to features of shape, configuration, pattern or ornamentation applied or applicable to an article. Thus, design of industrial plans, layouts and installation are not registrable under the Act. Should not include any trademark or property mark or artistic works. should be distinguishable from known designs or combination of known designs.

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Duration of the registration of a design: Total terms : 15 years. Initially right granted for 10 years, can be extended by another 5 years. Dept. of Pharmaceutics 17

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VALUATION OF INTELLECTUAL PROPERTY Dept. of Pharmaceutics 18 Cost-based qualifies the amount of capital required to replace the future capability of I.P., including cost of failures (e.g. Viox) Income-based net economic benefit during life of Assets Market-based brand equity Market capitalisation


FACTS In India out of 23,575 pharmaceutical companies only 10 are rich enough. Country I.P. Index (2007) U.S.A. 4.67 Singapore 4.40 U.K. 4.37 Chile 3.00 Israel 2.89 Brazil 2.00 China 2.62 India 1.80 Dept. of Pharmaceutics 19 PHARMACEUTICAL I.P. INDEX Ref. Meir Pugatch, University of Haifa – The Journal of World Investment & Trade

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Dept. of Pharmaceutics 20 It is believed that thousands of artisans had their fingers cut off after they built the Taj Mahal so that the creation could not be duplicated. Fortunately, there are better ways to protect what you create

References :

References Management of Intellectual property rights in India. R. Saha, Adviser, Department of science and technology and director, patent facilitating centre, technology information, forecasting and assessment council, New Delhi. Leveraging Intellectual Property As A Competitive Strategy. Dr.Ajit Dangi, Director General, Organisation of Pharmaceutical Producers of India Intellectual property rights (iprs) In pharmaceutical sector by R D Hunshyal and S S Biradar, Health Administration. Vol: XIX, No.1: 48-50. Dept. of Pharmaceutics 21

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Dept. of Pharmaceutics 22

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