Any field Student mostly Pharma student education about Intellectual property rights

1. INTELLECTUAL PROPERTY RIGHTS
Presented by
Kishan N. Pawde
M.Pharm 1st sem
Pharmaceutical QA
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SEMINAR ON
SINHGAD COLLEGE OF PHARMACY, VADGAON (BK) PUNE 411041
2019-20
Guided By
Dr. H.K.jain
Assistance Professor & HOD
Pharmaceutical QA

2.  CONTENT
 INTRODUCTION
 TYPE OF IP
 SCOPE
 PATENT
 TRADEMARK
 COPYRIGHT
 IMPORTANCE
 CASE STUDIES
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3.  INTRODUCTION
 What is IP
Intellectual property (IP) pertains to any original creation of the
human intellect such as artistic, literary, technical, or scientific
creation.
Intellectual property is the product of the human intellect including
creativity concepts, inventions, industrial models, trademarks, songs,
literature, symbols, names, brands,....etc.
https://www.dubaicustoms.gov.ae/en/IPR/Pages/WhatIsIPR.aspx 3

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Human
Brain
Invention
Music, Art
,Literature
Distinctive
Sign
Creativity
FIG: Intellectual Capital Of Human Being

5.  INTELLECTUAL PROPERTY RIGHTS
Intellectual property rights (IPR) refers to the legal rights given to
the inventor or creator to protect his invention or creation for a
certain period of time. These legal rights confer an exclusive right to
the inventor/creator or his assignee to fully utilize his
invention/creation for a given period of time.
Singh R. Vol. 1. New Delhi: Universal Law Publishing Co. Pvt. Ltd; 2004.5

6.  PURPOSE OF IPR
1. IPR (Intellectual property Rights) is a general term covering
patents, copyrights, trademarks, industrial designs, geographical
indications, layout design of integrated circuits and protection of
undisclosed information (trade secrets).
2. Protection for idea/material.
3. The owner can usually decide whether or not to license its use to
someone else (OR) to sell it to someone else through proper channel.
Reference: Vankayala Phanindra. et al. / International Journal of Research in
Pharmaceutical and Nano Sciences. 2(4), 2013, 466 - 470.
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7.  Why Intellectual Property Rights
The intellectual property rights were essentially recognized and
accepted all over the world due to ls some very important reasons.
Some of the reasons for accepting these rights are:-
1) To provide incentive to the individual for new creations.
2) Providing due recognition to the creators and inventors.
3) Ensuring material reward for intellectual property.
4) Ensuring the availability of the genuine and original products.
http://www.legalservicesindia.com/articles/impip.htm
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9.  TYPE OF IP
1. PATENT
2. TRADEMARK
3. TRADE SECRETE
4. COPYRIGHT
5. GEOGHAPHICAL INDICATION
6. INDUSTRIAL DESIGN
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SCOPE OF IPR
Industrial Properties Copyrights
(artist works such as musical
works, dramatic work,
literary work etc.)
Invention /Patent Commercial Interest
(Trade Marks, Trade Name,
Industrial Design, Geographical
Indications)
SCOPE OF IPR
Reference: https://www.abyssinialaw.com/online-resources/study-on-line/item/467-concept-scope-and-nature-of-intellectual-
property-rights

11. PATENT AND IT’S TYPE
A patent is a form of intellectual property that gives its owner the
legal right to exclude others from making, using, selling and
importing an invention for a limited period of years, in exchange for
publishing an enabling public disclosure of the invention.
TYPE OF PATENT :
1) Utility Patent: (issued for new useful process, machines, Mfgs)
2) Design Patent: (issued for new design of article & protect only
appearance of article not itself )
3) Plant Patent: (issued for new asexual reproducing plants)
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12. TRADEMARK
A trademark is any sign such as word, symbol, design, color , that
individualizes the goods or services of a given enterprise and
distinguishes them from those of competitors.
( For Register Trademark )
( For Unregister Trademark )
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13. PURPOSE OF TRADEMARK
 Guaranty Of Quality Of Product
 Enable Consumer To Distinguish Different Source Of Similar
Product
 Also Help In The Increasing Selling
DIFFERENT TRADE MARKS:
1) Conventional Trademarks: ( It Include Letter, words, pictures
like Coca-Cola , ISI etc.
2) Unconventional Trademarks: ( This trademark inherently
distinctive features of product like colour E.g. Red wine )
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14. COPYRIGHTS
 Copyright is a bundle of rights given by the law to the creators of
literary, dramatic, musical and artistic works and the producers of
cinematograph films and sound recordings.
Types Of Works Protected:
 Literary Works
 Dramatic Works
 Musical Works
 Artistic Works
 Cinematograph Films
 Sound Recordings
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Not Protected :
 Unrecorded Choreography
 Slogan, familiar Symbol
 Calendar
 Information That Is Common
Property

15. CONDITION FOR COPYRIGHT
1) Must Be Original Works : authorship must be original and can
not simply copied or reproducible from another.
2) Must Be Fixed In A Tangible Medium : cannot resides in the
author's mind but must be transferred from the authors mind
onto a fixed tangible medium.
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16.  IMPORTANCE OF IPR
 Intellectual Property Rights have a significant influence on
economic progress.
 Encourage high risk investments, which lead to industrialisation
 Avoid duplication of invention / investment in R & D
 Facilitate licensing and technology transfer
 Reduce cost of production
 Enhance research by disseminating information on advances in
technology
Reference: Vankayala Phanindra. et al. / International Journal of Research in
Pharmaceutical and Nano Sciences. 2(4), 2013, 466 - 470.
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CASE STUDY ON PATENT:
Case name: India–US basmati rice dispute
Case no:493
American company:rice tech inc. (basmati 867)
Patent Application 1995 Us Patent In 1997
International Market
1)kasmati 2) Texmati
Patenting Authority Us Patent And Opposed By
Government Of India

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In 2000 Re Examination And Us Company Patent Cancel
India Won The Case On The Basis Of Violation Of
Geographical Indication Under Trade Related IPR
Reference : Nation Law University Jodhpur Utsav Mukherjee SSRN Electronic Journal 2008