IPR General Principle

1. General Principles of Intellectual
Property
Presented By :-
Jitendra K. Sonawane
M.Pharm (QA)
Guided By:-
Dr. D. D. Patil
Dept. of Pharm. Analysis
H. R. Patel Institute of Pharmaceutical
Education and Research, Shirpur

2. Contents
• Concepts Of IP
• Introduction To IPR
• Need For IPR
• Objectives To Protect IPR
• Importance Of Intellectual Property
• Types of IPR

3. INTRODUCTION TO IPR
• IPR is collective term for Intellectual Property Rights;
• Intellectual property, very broadly, means the legal
rights which result from intellectual activity in the
• Industrial,
• Scientific,
• Literary and
• Artistic fields.
• Intellectual property refers to creations of the mind:
inventions; literary and artistic works; and symbols,
names and images used in commerce.

4. Intellectual property is divided into two categories:
✓ Industrial Property includes patents for Inventions, Trademarks,
Industrial Designs and Geographical indications.
✓ Copyright covers literary works (such as novels, poems and
plays), films,
music, artistic works (e.g., drawings, paintings, photographs and
sculptures) and architectural design.
Rights related to copyright include those of performing artists in
their performances, producers of phonograms in their recordings,
and broadcasters in their radio and television programs.

5. Intellectual property rights are like any other
property rights. They allow creators, or owners, of
patents, trademarks or copyrighted works to benefit
from their own work or investment in a creation

6. IP AS INTANGIBLE PROPERTY
1)Immovable Property: Land, houses, building
2)Movable property : Car, pen,dress,furniture
3)Intellectual property
(Intangible)

7. NEED FOR IPR
1) Technologies are changing rapidly;
2) Investments in Research & Development, production, marketing
have become very high;
3) Product life is becoming shorter;
4) Industry has become very competitive.

8. Objectives To Protect IPR
➢To give statutory expression to the moral and economic rights of
creators in their creations and the rights of the public in access to
those creations.
➢To promote, as a deliberate act of Government policy, creativity and
the dissemination and application of its results and to encourage fair
trading which would contribute to economic and social
development.
➢Moral Desert Theory- According to John Locke, the fruits of a
man’s labour belong to him.

9. Importance of Intellectual
Property
1)The progress and well-being of humanity rest on its capacity to
create and invent new works in the areas of technology and
culture.
2)The legal protection of new creations encourages the
commitment of additional resources for further innovation.
3)The promotion and protection of intellectual property spurs
economic growth, creates new jobs and industries, and enhances
the quality and enjoyment of life.

10. 4) An efficient and equitable intellectual property system can help
all countries to realize intellectual property’s potential as a catalyst
for economic development and social and cultural well-being.
5)The intellectual property system helps strike a balance between
the interests of innovators and the public interest, providing an
environment in which creativity and invention can flourish, for the
benefit of all.

11. Advantage Of Protection Of IPR
✓Intellectual property right aims at safeguarding creators and
other producers of intellectual goods and services by granting
them certain time-limited rights to control the use made of those
productions.

12. ADVANTAGE OF PROTECTION OF IPR
✓Those rights do not apply to the physical object in which
the creation may be embodied but instead to the
intellectual creation as such.
✓Intellectual property is traditionally divided into two
branches, “industrial property” and “copyright and related
rights.”

13. Types Of IPR
➢Patent.
➢Trademarks.
➢Designs.
➢Geographical Indications.
➢Copyright.
➢Plant Protection.
➢Integrated Circuits.

14. 14
COPYRIGHTS & RELATED RIGHTS
Copyright is a legal term describing
rights given to creators for their
Literary, Artistic, Musical & Dramatic
works .

15. COPYRIGHT.
1.A copyright gives the creator of original work exclusive
rights to it, usually for a limited time. Copyright may apply to a
wide range of creative, intellectual, or artistic forms, or "works"
2.Copyright does not cover ideas and information themselves,
only the form or manner in which they are expressed;
Related rights includes the rights of performers, producers of
sound recordings and broadcasting organizations

16. Copyright Protects Rights
• Copyright protects rights related to creation of human mind in
the fields of literature, music, art and audio‐visual works. The
owner of copyright has rights not only in the original work, but
also in creative work that is derived from the original work,
• e.g. its translation or adaptation or the enactment or production
of a film based on the original work.
• Such rights relating to a copyright are called related rights.

17. • There are neighboring rights on copyright, which protect
performances of performing artists, phonograms and
broadcasts.
• Related rights and neighboring rights are terms used
interchangeably.

18. WHAT IS COVERED IN COPYRIGHT?

20. Literary Work
Literary work may exist in the following forms:
➢Book
➢Newspaper
➢Question papers
➢Catalogues
➢Dictionaries
➢Lecture if reduced to writing
➢Computer software
➢Computer programme
➢Lyrics of a song etc.

21. Artistic Work
Artistic work may exist in the following forms: —Drawing (including
maps, diagrams, plans or charts), Painting,Diagram,Chart,Work of
sculpture, Engraving, Advertisement posters, Industrial and
Engineering Drawings, Photograph.

22. Musical work may exist in the following forms:
Graphical Notation, Sound Recording.
Dramatic work may exist in the following forms: Play,
Recitation, Choreographic Work, Dumb Show fixed in
writing, Script/Scenario of Cinematographic Film.

23. Broadcaster’s Rights
Broadcaster’s Rights are those Rights which a
Broadcasting Organisation is given in a broadcast. The
broadcast could be a television broadcast or a radio broadcast.
Eg: In a programme like Antakshari the producer has all the
rights. However Zee TV which is broadcasting this
programme, has a right on the broadcast of this
programme. Nobody can broadcast this or interfere in the
broadcast of the programme without Zee’s permission.
Term is 25 years

24. Performers Rights
Who are Performers?
Actor, Singer, Musician, Dancer, Acrobat, Juggler, Conjurer, Snake
charmer, one who performs a circus act, puppet show, person
delivering a lecture or anyone who makes a performance.
Term is 50 years

25. The ad-interim application was made in the course of a
copyright infringement litigation filed by Mahesh Vaijnathrao Doijode
against Yashraj Films Pvt. Ltd. and others.
The contention of the plaintiff herein was that he had created
and registered a literary work, titled ‘Abhineta’, in 1997, and that
Yashraj Films’ Fan infringed his copyright on the same.
Court denied ad interim injunction on the grounds of delay and
that the plaintiff could not provide details as to how Yashraj Films
had access to the plaintiff’s work
BOMBAY HIGH COURT DENIES INJUNCTION
AGAINST ‘FAN'

26. Industrial Property : Trademarks
• Trademarks and service marks are distinctive symbols that
help the consumer to distinguish between competing goods
or services and are a major part of the goodwill a company
enjoys in the trade.
• A trade name is the name of an enterprise, which also
individualizes the enterprise in the minds of the customers

27. TRADEMARKS
✓ Word Mark
✓ Device Marks
✓ (Signs, Symbols,
Logos)
✓ Collective Marks
✓ Certification
Marks
✓ Service Marks

28. Industrial property:-
TRADEMARKS
• A trademark, trade mark, or trade-mark is a
recognizable sign, design, or expression which
identifies products or services of a particular source
from those of others, although trademarks used to
identify services are usually called service marks.

29. Section 2( zb)
“Trade mark” means a mark
a)capable of being represented graphically and
b)which is capable of distinguishing the goods or services of
one person from those of others and may include shape of
goods, their packaging and combination of colors.

30. 30
✓ Must be graphically represented
✓ Must be distinctive / distinguishable
✓ Must not be descriptive
✓ Must not be deceptively similar to known /well-known marks
/Generics
• ORS: ORS-L, ORZ
• Cefixime – ZIFI, CEFI, Cefixin
Avoid –
Geographical Indications / Deities
National Leaders / Heroes / Symbols / Laudatory words
Trademarks

31. Examples of Indian GI
❖ Basmati Rice
❖ Darjeeling Tea
❖ Kanchipuram Silk
❖ Alphanso Mango
❖ Nagpur Orange
❖ Kolhapuri Chappal
❖ Bikaneri Bhujia
❖ Agra Petha
❖ Goa Feni
❖ Palakkadan Matta
❖ Navara Rice
GEOGRAPHICAL INDICATION

32. Geographical Indications;
• A geographical indication (GI) is a sign used on goods that
have a specific geographical origin and possess qualities or a
reputation that is solely due to the place of origin.
• A geographical indication (GI) is a name or sign used on
certain products which corresponds to a specific geographical
location or origin (e.g. a town, region, or country)
• Such goods enjoy an advantage over competing goods solely
because of their geographical origin, which thus becomes a
kind of IP and is protected.

33. GI (CONTD..)
• A GI merely tells that a product is produced in a certain place
and has certain characteristics which are due to the place of
production.
• Indication of source on a product merely indicates that the
product originates in the place indicated. Appellation of origin
indicates not only the place of origin but also the essential
quality link between the product and the area of its origin; e.g.
Kolhapuri chappals from Kolhapur, India.

34. INDUSTRIAL DESIGNS;
 An industrial design is the ornamental or aesthetic aspect of an
article; it may consist of three‐dimensional features such as shape
or surface, or of two‐dimensional features such as patterns, lines or
colour.
 The design serves as a tool for product differentiation and lures
customers by enhanced visual appeal. It becomes a kind of IP to be
protected.
 Industrial designs are applied to a wide variety of products of
industry or handicraft: watches, jewellery, fashion and other
luxury items, industrial and medical implements, house ware,
furniture, electrical appliances, vehicles and architectural
structures, textile designs, toys etc

35. INDUSTRIAL DESIGNS
✓Relates to features of shape, configuration, pattern or
ornamentation
✓Applied to an article by industrial process
✓Should be new or original and not previously published
✓Should appeal to the eye
✓Does not include mode or principle of construction

37. “Always listen to children… they
might have ideas we’ve never thought
of.” - Alexander G. Bell

38. What is Patent ?
Patent is an Intellectual property right relating to inventions. It is
an exclusive and monopoly right granted to the inventor by the
government to use the patented invention for a limited period of
time (20 Years) , thus preventing others from making, using,
importing or selling in exchange of full disclosure of his invention.
Basic requirements for getting patent
1) Novelty
2) Inventive Step
3) Industrial Applicability.

39. PATENTS
• Patents are one of the oldest forms of IP protection. The patent
system started in the 1700s.
• The aim of the patent system is to encourage economic and
technological development by rewarding intellectual creativity.

41. Undisclosed Information (Trade Secrets)
• Unfair competition includes all acts contrary to honest practices
in industrial or commercial matters; undisclosed information
virtually restricts honest practices to protection of trade secrets.
• In the business world, confidential information includes
information that qualifies as a trade or business secret. A trade
secret is defined as any information that is not known outside
the company and which is not readily ascertainable by proper
means, thereby giving the company an advantage over its
competitors

42. The formula for making Coca-Cola is a trade secret.
The formula is extremely valuable to the company as a secret; it would be all but useless to
the company if it were known to its competitors (since they would all start to copy it), it is
known only to a select few people within the Coca-Cola company, and the company takes
special precautions to make sure that the formula does not get out.
In other words, it fulfils the essential criteria for a trade secret: The company takes special
effort to keep it a secret, and that secrecy creates value.
The original formula for making Coca-Cola was patented in 1893. But when the formula
changed, the company did not choose to patent the formula again. The reason for this is simple:
if Coca-Cola were to patent its formula, the formula would become known to others, and once
the patent expired, anyone could use it. It is possible to copyright a formula, but that would also
make it known to the public. And in any case, copyright would only protect the formula as a
piece of literary expression; it would not protect the basic ideas that make the formula unique.
By keeping the formula a secret, Coca-Cola can protect the formula and keep it to itself
indefinitely.

43. TYPES OF IPR, MONOPOLY AND IPR PROTECTION
FORM OF IPR REGISTRATION TERM OF
PROTECTION
IPR ACT (Legislation) REGISTRATION / TERM
Patent The Patents Act, 1970. Compulsory : 20years.
Trademarks The Trademarks Act, 1999. Optional:10 years & renewable,
Designs The Designs Act, 2000. 10 years + Renewable by 5 years
Geographical Indications Geographical Indications of Goods
(Registration and Protection) Act,
1999.
Compulsory: 10 years + Renewable
forever.
Copyright The Copyright Act,1957. Optional Lifetime of Author + 60
years
Plant Protection Protection of Plant Varieties and
Farmers' Rights Act, 2001.
Compulsory :15/18 years
Integrated Circuits The Semiconductor Integrated
Circuits Layout-Design Act, 2000
Compulsory: 10 years

44. Simple understanding

45. REFERENCES
• https://www.wipo.int/edocs/pubdocs/en/intproperty/450/wipo_pub_4
50.pdf
• https://www.wipo.int/export/sites/www/about-ip/en/iprm/pdf/ch1.pdf
• https://en.wikipedia.org/wiki/Copyright
• https://en.wikipedia.org/wiki/Patent
• https://en.wikipedia.org/wiki/Trademark