The document provides an overview of intellectual property rights (IPR) such as trademarks, copyrights, patents, and industrial designs. It discusses how IPRs encourage innovation by allowing creators of intellectual works to exclude others from exploiting their creations for a period of time. Specifically, it defines what subject matter is covered under each type of IPR, requirements for obtaining protection, and importance of the different IPRs.
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Presented By
Ashish R. Chaudhari
Asst. Professor
P R Patil Institute of Pharmacy Talegaon
SP Wardha
P R Patil Institute of Pharmacy Talegaon SP Wardha
3. Introduction
Intellectual Property is something produced using human intellect
which has commercial value.
Examples of IP are, an invention relating to a product or process,
a new design, an article, a literary or artistic work and a
trademark.
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Intellectual Property Right can be defined as the right
held by a person over the creation of his mind or Intellect
Intellectual Property Rights (IPR) are the statutory rights
once granted allows the creator(s) or owner(s) of the
intellectual property to exclude others from exploiting the
same commercially for a given period of time.
6. Importance of IPR
IP can be used to establish the goodwill and brand value in the
market.
Inventor, creator or author of an IP can mention about the IP in
his/her resumes and thus show their competence
IPR certificate establishes legal and valid ownership about an
intellectual property
It encourage new industry and research
Facilitate technology transfer
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7. Trademark
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• A trade mark is any design that can distinguish the goods
of one trader from those of another. It includes symbol,
words, logos, pictures, colors or combination of these.
• In pharmaceutical arena, trade names for certain drug
may be registered as a trademark Eg. Viagra
• It is covered under the act called Trade Mark Act 1999.
It replace Trade and Merchandise act 1958. It extend to
whole India
8. Different symbols of Trademark
® Registered Trademark
™Intent to use application filled for product
SM Intent to use application filled for service
Duration of Trademark
Trademark :- 10 years + renewable
Service mark:- 17 years + renewable
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9. Copyrights
The term originated in the copyright law means that
the work originated with the author
It is right which grants protection to the unique
expression of Idea
India has a very strong and comprehensive copyright
law based on Indian Copyright Act. 1957 which was
amended in 1982, 1984, 1992, 1994 and 1999
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10. What covered by copyright
Literary
Films
Dramatic
Musical
Artistic
Sound recording
Books
Broadcast
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12. Patent (Patent Act 1970)
Patent is an exclusive right granted to an applicant by the
Govt., for a limited period to practice the invention
(manufacture, use and sale), in lieu of the information
disclosed to the Govt. with regard to an invention.
The Patent confers rights to the patentee to exploit the patent
for commercial gains and also to stop others from
manufacturing, and selling the patented products/process.
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13. An invention in general means a new discovery,
relating to a product (machine) or process, even to an
existing module or idea.
What is Patentable
A product
The apparatus for producing product
The process
The composition of matter
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14. What is not patentable
A method for agriculture and horticulture
Any methods of treatment of human beings, or
animals
Plants and animals in whole or any part thereof
other than microorganism
A mathematical or business method or a
computer program.
A literary, dramatic, musical, artistic work, etc.
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15. What is not patentable
A scheme or rule or method of performing
mental act or method of playing game
A presentation of information
Topography or integrated circuits
An invention relating to the traditional
knowledge
An invention relating to Atomic Energy (Sect. 4)
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16. Patent jurisdiction
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Office Territorial Jurisdiction
Patent Office Branch,
Chennai
The States of Andhra Pradesh, Karnataka, Kerala, Tamil
Nadu and the Union Territories of Pondicherry and
Lakshadweep
Patent Office Branch
Mumbai
The States of Maharashtra, Gujarat, Madhya Pradesh, Goa
and Chhattisgarh and the Union Territories of Daman and
Diu & Dadra and Nagar Haveli.
Patent Office
Branch, New
Delhi
The States of Haryana, Himachal Pradesh, Jammu and
Kashmir, Punjab, Rajasthan, Uttar Pradesh, Uttaranchal,
Delhi and the Union Territory of Chandigarh.
Patent Office,
HO Kolkata
The rest of India
A patent is only valid in the jurisdiction in which it is granted
• WIPO -1967
• PCT - 2003
• WTO - 1995
17. Basic requirement for Patentability
Novelty
Utility
Non obviousness
Industrial application
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18. Filing of the Application
Electronic filing
(July 20,2007)
Physical filing at the Patent Office
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20. Importance of Patent
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• It encourages research.
• Induce an inventor to disclose his invention.
• Encourage establishment of new industries.
• Reasonable assurance for commercialization.
• Facilitate technology transfer.
• Stimulate R&D at Universities and Research center.
• Acts as catalysts for new technologies and new business .
21. Industrial Design
Industrial design Act 2000
Term for Industrial Design is for 15 years
It protects the ornamental appearance of object exactly as
shown in drawing supplied with patent application
Protects ornamental or non- functional features
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Type if IP Subject Matter Main Fields
Patent
New, Non-Obvious,
Industrial applicable
Chemicals, Drugs,
plastics, engines,
turbines, scientific
equipment
Trademark Sign or Symbol All Industries
Copyright
Original work of
authorship
Printing, entertainment
(audio, video, motion
pictures), software,
broadcasting
Industrial Design Ornamental Design
Clothing, automobiles,
electronics
Geographical
Indication
Geographical origin of
Goods and Services
Food products and other
products
23. References
Bayya Subba Rao, P. V. Appaji “IPR in Pharmaceutical
Industry: Theory and Practice”
Dr. Ruchi Tiwari, Dr. Gaurav Tiwari “Intellectual Property
Rights and Drug Regulatory affairs
World Intellectual Property Right Organization
http://www.wipo.int
Controller General of Patent, Design and Trademark
http://www.patentoffice.nic.in
http://ipindia.nic.in/ipr/patent.com
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