INTELLECTUAL PROPERTY RIGHTS (IPR

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Mr. Deepak D. Gadade Asst. Professor, Dept. of Pharmaceutics, Shri Bhagwan College of Pharmacy, Aurangabad
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Bell G.Creativity G. Bell Michael Faraday Electro magnetic waves 3 .

What is Intellect is property? 4 .

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. 5 . works marks and design. etc.

Intellect is property? Documentation Legal authorization by Govt. Description Ownership Time duration Fee Commercial Value 6 .

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 Patents Trade secrets CopyRights Plant Breeder Rights IPR Trademark Int. circuits Geographical Indication Ind. Design 8 .

using.Patents  Patent defined in Patents Act as “patent granted for any invention under the Act”. 48)  For a limited period of time (20 years)  Qualified rights with duties and liabilities 9 . selling or importing for those purposes the products or products produced by the patented processes (Sec.      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. offering for sale.

8880 Royalty paid Negotiable 6% of profit • Drug was mfg. Germany Natco.17% (12 Months highest increase) 10 . in Germany not in INDIA • NATCO Share Rate increase by 6.Bayer’s Patented Anticancer Product • Reasonable Public criteria (Bayer can supply drug to only 2% of cancer patients in INDIA) • Reasonably Affordable Particulars Bayer.8 lakh Rs. 2.Natco Pharma Bag’s licence to sell Bayer’s Nexavar • Nexavar. India Status Patent Owner Compulsory license Cost of Therapy Rs.

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or display their creative works.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. 12 . • Exclusive privilege to authors to reproduce. distribute. perform.

Copyright Literary Dramatic Musical Artistic Films Sound Recording 13 .

14 .Trademark • Word or symbol used by manufacturers to identify goods. • Initial registration for 10 yrs and further renewed by payment of fees for unlimited period. • Customer able to distinguish product of one manufacturer from that of other.

Trademark LABEL - PEPSI / COCA COLA NAME - TATA / BIRLA / GODREJ/ Reliance 15 .

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 .Geographial indication • Geographical Indication ?  Indication which identifies such goods (as agricultural goods.

GEOGRAPHICAL INDICATIONS Kolhapuri Chappal Puneri Pagdi Lonavala Chikki Assam Black tea Scotch Whisky Haldiram Bhujia 17 .

configuration. composition of colours. • 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 .DESIGN • Includes shape. lines.

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

Trade Secret 20 .

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

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

2000  Geographical Indications .Products or Process-The Patents Act 1970  Plant variety protection – Plant Varieties and Farmers' Rights Act. 1999 came in force with effect from September 2003. 23 .The Semiconductor Integrated Circuits Layout-design Act.The Copyright Act 1957  Designs.lines colours shapes etc.Geographical Indications of Goods (Registration and Protection) Act. 2001  Integrated circuits.Laws in India  Trade marks –The Trademarks Act 1999  Copy Right Works. –The Designs Act 2000  Inventions.

Trademarks are identification marks of manufactures e. It protects against imitations of the products as long as they are in trade.A Brief… • Patent – Patents are exclusive right for new and useful inventions e. • Copyright.Protects external look and design of industrial products e.Confidential information 24 .Right for creative. movies • Industrial design.g. literary works and artistic works e. spare parts • Trade secret. Dosage forms • Trademark. Books. g.g. g. Coca-Cola.

Trademark for its brand and Copyright for the accompanying literature.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. 25 .

Thank you 26 .