This document provides an overview of intellectual property rights (IPR) including definitions, types of IPR, related laws and organizations. The main types of IPR discussed are patents, copyrights, trademarks, geographical indications, industrial designs, and trade secrets. International organizations that deal with IPR like WIPO, EPO, and WTO are also summarized. Patent applications, infringement, licensing, and a case study on compulsory licensing of the drug Nexavar are briefly described.

1. INTELLECTUAL PROPERTY RIGHTS
(IPR)
PRESENTED BY
MISS AMRUTA ANKUSH NANGARE
ROLL NO : 24
F. Y. M. PHARMACY
2021-2022
UNDER THE GUIDANCE
OF
Smt. ARCHANA R. DHOLE
DEPARTMENT OF PHARMACEUTICAL QUALITY ASSURANCE
RAJARAMBAPU COLLEGE OF PHARMACY, KASEGAON

2. CONTENTS
• Intellectual Property.
• Intellectual Property Rights.
• Types of IPR
• Patent Infringement.
• Patent Application.
• Patent Infringement
• International organizations related to IPR

3. INTELLECTUAL PROPERTY
• Intellectual property refers to creation of mind, such as invention, literary and
artistic work; designs and symbols.
• You own IP if you -:
1. created it.
2. bought from creator or previous owner.

4. INTELLECTUAL PROPERTY RIGHTS IPR
• Definition : IPR is defined as rights given to people over the creation of their
mind.
• Need for IPRs :-
Safeguard the rights of creator.
Encourages innovation.
Ensures ease of doing business.
Economic growth.
Facilitates the transfer of technology.

6. TYPES OF IPR

7. PATENT
Patent is an exclusive right granted for an invention, which is product or
process that provides a new way of doing something or offers new technical
solution to problems.
Law : Patent Act 1970
Ministry : DPIIT, Ministry of Commerce and Industry.
Period : 20 years

8. PATENT
• What can be patented ?
 product
 process
 machine
 composition of matter

9. COPYRIGHT
Copyright is legal term describing rights given to creators for their literary and
artistic works.
Law : Copyrights Act 1957
Ministry : Copyright Office, MHRD
Period : 60 years

10. COPYRIGHT
 There are 2 types of rights under copyright :
• 1. Economic rights
• 2. Moral rights

11. TRADEMARK
• Trademark is distinctive sign that identifies certain goods or services as those
produced or provided by specific person or enterprise.
Law : Trademark Act 1999
Ministry : DPIIT, Ministry of Commerce and Industry
Period : 10 years

12. TRADEMARKS
• May be
combination of words, letters and numerals.
drawings, symbols and 3D signs.
audible signs such as music or vocals.

13. GEOGRAPHICAL INDICATIONS
GI are signs used on goods have specific geographical origin and possess qualities or
reputation that are from place of origin.
Law : Geographical indication of Goods (Registration and Protection Act),1999
Ministry : DPIIT, Ministry of Commerce and Industry
Period : 10 years

14. GEOGRAPHICAL INDICATIONS
• Examples of GI
• Solapur chaddar
• Darjeeling tea
• Kanchipuram silk
• Kolhapuri chappal

15. INDUSTRIAL DESIGNS
An industrial design may consist of three dimensional features, such as shape of an
article, or two dimensional features such as patterns, lines or colours.
Law : Design Act, 2000
Ministry : DPIIT, Ministry of Commerce and Industry
Period : Initially the copyright in design is registered for 10 years, which can be
extended by 5 years on making renewal application.

16. TRADE SECRETS
• Trade secrets are confidential business information that provide an enterprise a
competitive edge.
• Incudes :
Sales method
Distribution method
Consumer Profile
Advertising strategy.
List of clients and suppliers

17. LAYOUT DESIGN FOR INTEGRATED
CIRCUITS
The aim of Semiconductor Integrated Circuits Layout Design Act 2000 is to
provide protection of IPR in area of semiconductor integrated circuit layout design and for
matter connected there with.
Law : Semi-conductor and integrated Layout design Act 2000
Ministry : Department of Electronics and I.T, Ministry of Communication and I.T.
Period : 10 years

18. PROTECTION OF NEW PLANT
VARIETY
The Plant Variety Protection And Farmers Right Act 2001 was enacted to protect new
plant variety.
Law : Protection of Plant Varieties and Farmers Right Act 2001
Ministry : Department of Agriculture and cooperation , Ministry of Agriculture
Period : Field crops – 15 years , Trees and vines – 15 years, notified varieties – 15 years from
date of notification

19. PATENT APPLICATION
• Process of filling application for patent :
step 1 – Invention Disclosure
step 2 - Patentability Search
step 3 - Decision to file an application for patent
step 4 - Patent Drafting
step 5 - Filling the patent application
step 6 - Request for examination
step 7 - Respond to objections
step 8 - Grant of patent
step 9 - Renewal of patent

20. PATENT INFRINGEMENT
• Patent Infringement is the commission of a prohibited act with respect to a
patented invention without permission from patent holder.
• It occurs when someone violates the patent rights an inventor has in his
invention by making, using or selling the invention without the patent owners
permission.
TYPES
DIRECT INFRINGEMENT
INDIRECT
INFRINGEMENT

21. INTERNATIONAL ORGANIZATIONS FOR
IPR
1. WIPO (World Intellectual Property Organization)
 Established in 1970
 Director General -: Francis Gurry
 Functions of WIPO :
- Harmonize national intellectual property legislation and procedure.
- Provide services for international applications for IPR.
- Provide legal and technical assistance to developing and other countries.

22. INTERNATIONAL ORGANIZATIONS FOR
IPR
2. EPO (European Patent Organization)
- Set up in 1973
- 38 members countries
- Functions: 1. Implementing the European Patent Convention
2. Set patent protection standards.
3.Help to promote knowledge based society in Europe

23. INTERNATIONAL ORGANIZATIONS FOR
IPR
3. WTO (World Trade Organization)
- 1 January 1995
- WTO Functions :
1. To review national trade policies.
2. To administer trade agreements.
3. To cooperate with other international organizations.
4. Ensure trade flows slowly

24. LICENSING OF PATENT
• Licensing is an authorization process in which the owner of the patented product
gives legal permission to another party/entity who can extract benefit from licensed
product.
Types Of Licensing
Voluntary Licensing Compulsory Licensing
1.Willing approach of either party. 1.Granted under certain circumstances.
2. No government interference. 2. Government interference.

25. COMPULSORY LICENSING
• The provisions under Indian Patent Act 1970, Section 84 (A) allows application for
compulsory licensing, only after completion of 3 years from date of patent grant,
on any of following grounds:
• Public demand of the patented invention has not been satisfied;
• Patented invention is not available at an affordable price;
• Patented invention is not being worked or is not operational in the territory of
India.

26. Case study
Drug : NEXAVAR
(SORAFENIB)
V /
S
First case of compulsory licensing in India