This covers basic introduction to IPR

1. A BOOT CAMP ON INTELLECTUAL
PROPERTY RIGHTS
PresentationPresentation ByBy
PharmaTatvaPharmaTatva
http://pharmatatva.in/http://pharmatatva.in/

2. INTELLECTUAL PROPERTY RIGHTS
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; and "all
other rights resulting from intellectual activity
in the industrial, scientific, literary or artistic
fields.” (Convention Establishing the World
Intellectual Property Organization, Signed at
Stockholm on July 14, 1967; Article 2, § viii)
.

3. TYPES
 Patents
 Design
 Copyright
 Related Rights
 Industrial design
 Trade Marks
 Geographical Indications
 Plant Varieties

4. LEGISLATIONS COVERING IPRS
IN INDIA
 Patents:
 The Patents Act, 1970 and Patent Rules 2003 (Last modified upto)
 Design: The Designs Act, 1911. A new Designs Act 2000 has been
enacted superseding the earlier Designs Act 1911.
 Trade Mark: The Trade and Merchandise Marks Act, 1958. A new
Trademarks Act, 1999 has been enacted superseding the earlier
Trade and Merchandise Marks Act, 1958. (Enforcement pending)
 Copyright: The Copyright Act, 1957 as amended in 1983, 1984 and
1992, 1994, 1999 and the Copyright Rules, 1958.
 Layout Design of Integrated Circuits: The Semiconductor
Integrated Circuit Layout Design Act 2000. (Enforcement pending)
Protection of Undisclosed Information: No exclusive legislation exists
but the matter would be generally covered under the Contract Act,
1872
 Geographical Indications: The Geographical Indication of Goods
(Registration and Protection) Act 1999. (Enforcement pending).

5. INTERNATIONAL TREATISE
 WIPO : World Intellectual Property
Organisation
 Patent Co-operation Treaty
 Paris Convention
 Madrid Convention
 Trade Related Intellectual Property (TRIPs)
 Lisbon Agrement
 Budapest Treaty

6. PATENTS
 An invention means a new product or process involving an
inventive step and capable of industrial application” (S. 2(1) (j))
 An invention must satisfy the following three conditions of:
Novelty
Inventiveness (Non-obviousness)
Usefulness
 Term of a Patent in the Indian System
Twenty years from the date of patent in respect of any other
patentable invention.

7. DESIGNS
 The existing legislation on industrial designs in
India is contained in the New Designs Act, 2000
India had achieved a mature status in the field
of industrial designs and in view of
globalization of the economy. The present
legislation is aligned in view of the changed
technical and commercial scenario and made to
conform to international trends in design
administration.

8. TRADEMARKS
 India affords full protection to trade marks under the
Trade Marks and Merchandise Act. The Indian law of
trademarks is protected by the Trade & Merchandise
Marks Act, 1958. A new statute i.e. the Trade Mark Act,
1999 has been enacted in India to bring it in conformity
with the TRIPs Agreement, to which India is a
signatory. Indian Trademarks Act, 1999, came into force
on September 15, 2003.
 India has made a step towards fulfilling its
international obligations. Consequently, the Indian
trademark law has now become fully compatible with
the International standards laid down in the TRIPs
Agreement. The New Act primarily consolidates and
amends the old Trade & Merchandise Marks Act, 1958
and provides for better protection of goods and services

9. COPYRIGHTS
 India has a very strong and comprehensive copyright law based on
Indian Copyright Act. 1957 which was amended in 1981, 1984,
1992, 1994 and 1999 (w.e.f.January 15, 2000). The amendment in
1994 were a response to technological changes in the means of
Communications like broadcasting and telecasting and the
emergence of new technology like computer software.
 The 1999 amendments have made the Copyright Act fully
compatible with Trade-Related Aspects of Intellectual Property
Rights (TRIPS) Agreement. & fully reflects Berne Convention. The
amended law has made provisions for the first time, to protect
performers’ rights as envisaged in the Rome Convention. With
these amendments the Indian Copyright law has become one of the
most modern copyright laws in the world.

10. PLANT VARIETY
 A plant grouping within a single botanical tax on
of the lowest known rank which, irrespective of
whether the conditions for the grant of a
Breeders Right are fully met, can be defined by
the expression of the characteristics resulting
from a given genotype or a combination of
genotypes distinguished from any other plant
grouping, by the expression of at least one of the
said characteristics, and considered as units with
regard to its suitability for being propagated
without change.
 The organization overseeing the protection of
new plant varieties is referred to as UPOV

11. GEOGRAPHICAL INDICATIONS
 The TRIPS Agreement contains a general
obligation that parties shall provide the
legal means for interested parties to
prevent the use of any means in the
designation or presentation of a good that
indicates or suggests that the good in
question originates in a geographical area
other than the true place of origin in a
manner which misleads the public as to
the geographical origin of the good.

12. UNFAIR COMPETITION
 Article 10bis (2) of the Paris Convention defines an act of
unfair competition as “any act of competition contrary to
honest practices in industrial or commercial matters”.
 Article 10bis (3) continues specifying which acts, in
particular, shall be prohibited:
 1. “all acts of such a nature as to create confusion, by any
means, with the establishment, the goods, or the industrial
or commercial activities, of a competitor;
 2. false allegations in the course of trade of such a nature
as to discredit the establishment, the goods, or the
industrial or commercial activities, of a competitor;
 3. indications or allegations the use of which in the course
of trade is liable to mislead the public as to the nature, the
manufacturing process, the characteristics, the suitability
for their purpose, or the quantity, of the goods."

13. PATENTS
 Patents are most debatable and of utmost
relevance in bio-pharma industries .
 Relevant Provisions of Indian Patents Act
important to biopharma
http://ipindia.nic.in/ipr/patent/eVersion_ActRules/sections/p


15. CAREER PATHS
 It may be Technical which involves
Patent Analyst
Patent Drafters
Patent Agents
Patent Examiners
 Legal domain invloves
IP Laywers
 This list only illustrative not comprehensive.

16. WHAT WE OFFER
 Online Certification course
Level : Basic
Email based learning
Duration : 45 days
Level : Advanced
Email based learning
Hands on training on free patent database ,
filling of patent application in India and PCT
both
2 days a week Online session
Doubt Clearance Support through email
For more info write to us at
academic@pharmatatva.in

17. A PRESENTATION BY
PHARMATATVA!
THANK YOU