intellectual property rights

Presented by :
K. Sirisha
Y13mph473
M.Pharm pharmacology
Chalapathi Institute of Pharmaceutical Sciences

Intellectual Property Rights
WHAT IS AN IPR?
Intellectual Property Rights are legal rights, which result
from intellectual activity in industrial, scientific, literary
& artistic fields. These rights Safeguard creators and
other producers of intellectual goods & services by
granting them certain time-limited rights to control their
use. Protected IP rights like other property can be a
matter of trade, which can be owned, sold or bought.
These are intangible and non-exhausted consumption.
Chalapathi Institute of Pharamceutical Sciences 2

WIPO is the global forum for intellectual
property services, policy, information and
cooperation The World Intellectual Property
Organization (WIPO) is one of the specialized
agencies of the United Nations (UN) system of
organizations. The “Convention Establishing the
World Intellectual Property Organization” was
signed at Stockholm in 1967 and entered into
force in 1970.

However, the origins of WIPO go back to 1883
and 1886, with the adoption of the Paris
Convention and the Berne Convention
respectively. Both of these conventions
provided for the establishment of international
secretariats, and both were placed under the
supervision of the Swiss Federal Government.
The few officials who were needed to carry out
the administration of the two conventions were
located in Berne, Switzerland

IPR in India

IPR in India
George Alfred DePenning is supposed to have made the first
application for a patent in India in the year 1856. On February
28, 1856, the Government of India promulgated legislation to
grant what was then termed as "exclusive privileges for the
encouragement of inventions of new manufactures" i.e. the
Patents Act. On March 3, 1856, a civil engineer, George Alfred
DePenning of 7, Grant’s Lane, Calcutta petitioned the
Government of India for grant of exclusive privileges for his
invention - "An Efficient Punkah Pulling Machine". On
September 2, DePenning, submitted the Specifications for his
invention along with drawings to illustrate its working. These
were accepted and the invention was granted the first ever
Intellectual Property protection in India.

Intellectual property rights
Intellectual property (IP) rights are the legally
recognized exclusive rights to creations of the mind.
Under intellectual property law, owners are granted certain
exclusive rights to a variety of intangible assets, such as
musical, literary, and artistic works; discoveries and
inventions; and words, phrases, symbols, and designs.
Common types of intellectual property rights include
copyright, trademarks, patents, industrial design rights,
trade dress, and in some jurisdictions trade secrets.

Types and tools of IPR
a. Patents.
b. Trademarks.
c. Copyrights and related rights.
d. Geographical Indications.
e. Industrial Designs.
f. Trade Secrets.
g. Layout Design for Integrated Circuits.
h. Protection of New Plant Variety.

Patent
an exclusive right granted for
an invention

PATENTS are
the safe guards
for

Cont….
A patent owner has the right to decide who may or may not - use
the patented invention for the period in which the invention is
protected. The patent owner may give permission to, or license,
other parties to use the invention on mutually agreed terms. The
owner may also sell the right to the invention to someone else,
who will then become the new owner of the patent. Once a patent
expires, the protection ends, and an invention enters the public
domain, that is, the owner no longer holds exclusive rights to the
invent ion, which becomes available to commercial exploitation
by others.

All patent owners are obliged, in return for patent protection, to
publicly disclose information on their invention in order to enrich the
total body of technical knowledge in the world. Such an ever-increasing
body of public knowledge promotes further creativity and
innovation in others. In this way , patents provide not only protection
for the owner but valuable information and inspiration for future
generations of researchers and inventors. General Principles
governing the Patent System in India and further details can be
viewed at DIP&P website at
http://ipindia.nic.in/ipr/patent/patents.htm

A Trademark is a distinctive sign that
identifies certain goods or services as
those produced or provided by a specific
person or enterprise. It may be one or a
combination of words, letters, and
numerals. They may consist of drawings,
symbols, three- dimensional signs such as
the shape and packaging of goods,
audible signs such as music or vocal
sounds, fragrances, or colors used as
distinguisChhalaipnathgi In stfituete aof tPhuararmeceustic.a l Sciences 18

It provides protection to the owner of the mark
by ensuring the exclusive right to use it to
identify goods or services, or to authorize
another to use it in return for payment. It helps
consumers identify and purchase a product or
service because its nature and quality,
indicated by its unique trademark, meets their
needs. Registration of trademark is prima facie
proof of its ownership giving statutory right to
the proprietor. Trademark rights may be held
in perpetuity.

The initial term of registration is for 10
years; thereafter it may be renewed from
time to time. General Principles governing
the Trademarks System in India and
further details can be viewed at DIP&P
website at
http://ipindia.nic.in/tmr_new/default.htmc.

Design Patents
In addition to granting so-called “utility patents” directed towards
machines, manufactures, compositions of matter and
processes,39 the Patent Act of 1952 also allows for “design
patents.” An inventor may obtain a design patent by filing an
application with the USPTO directed towards a “new, original
and ornamental design for an article of manufacture.”40 Most
design patent applications consist primarily of drawings that
depict the shape or surface decoration of a particular product.
They may concern any number of products, including “apparel,
automobile parts, computer products, containers, cosmetics,
electronics products, textile designs, home furnishings, home
appliances, jewelry, motor vehicles, office supplies, optics and
toys.”

Industrial Designs

Industrial designs refer to creative activity,
which result in the ornamental or formal
appearance of a product, and design right refers
to a novel or original design that is accorded to
the proprietor of a validly registered design.
Industrial designs are an element of intellectual
property. Under the TRIPS Agreement,
minimum standards of protection of industrial
designs have been provided for. As a
developing country, India has already amended
its national legislation to provide for these
minimal standards.

Industrial design is the profession that determines the form of a
manufactured product, shaping it to fit the people who use it
and the industrial processes that produce it. Industrial
Designers work to make our lives more comfortable,
pleasurable and efficient. By studying people at work, at home
and in motion, they create products like office chairs that
promote proper posture, kitchen tools that are comfortable even
for elderly hands and toys that provide safe play and learning
for all children. In particular, Industrial Designers deal with
the parts of a product that humans interact with, striving to give
universal access to products that are ecologically responsible
and safe to use. Also, they give a product with distinctive
elegance that makes us want it. As explained by the Industrial
Designers Society of America.

Domain rights

When the Internet was in its infancy, domain names (like
<harvard.edu>) were created to serve as useful mnemonic means of
locating computers on the Internet. With the globalization and
commercialization of the Internet, domain names have taken on a
new significance as business identifiers, they no longer act only as a
means of locating particular computers. They are rapidly making
their way into "real space," cropping up on television commercials,
billboards, magazine ads, and even the sides of buses. As such, they
are now coming into conflict with business identifiers such as
trademarks that exist in "real space." Two factors exacerbate this
conflict. First, domain names must be unique - one string of words
can link to only one site - while trademarks may overlap in different
industries or different geographical locations. Second, it is common
practice for many Internet users to guess at domain names. Thus
domain names based on intuition become valuable corporate assets.

These unique characteristics raise questions about how
disputes between domain name owners and trademark
owners should be resolved. Three theories of trademark
law are most often used to decide these disputes. The
first theory is traditional trademark infringement which
requires that the infringing use cause a likelihood of
confusion (Lanham Act S.1114). The second claim, and
one that is often the most successful in the context of
domain names, is dilution (Lanham Act S.1125(c)). The
third claim, unfair competition (Lanham Act S.1125(a)),
is similar to traditional trademark infringement but
applies to unregistered marks

Plant breeders rights
Plant breeders' rights (PBR), also known
as plant variety rights (PVR), are rights
granted to the breeder of a new variety of plant
that give the breeder exclusive control over the
propagating material (including seed, cuttings,
divisions, tissue culture) and harvested material
(cut flowers, fruit, foliage) of a new variety for
a number of years.

With these rights, the breeder can choose to become
the exclusive marketer of the variety, or to license
the variety to others. In order to qualify for these
exclusive rights, a variety must be new, distinct,
uniform and stable. A variety is new if it has not
been commercialized for more than one year in the
country of protection. A variety is distinct if it differs
from all other known varieties by one or more
important botanical characteristics, such as height,
maturity, color, etc. A variety is uniform if the plant
characteristics are consistent from plant to plant
within the variety

A variety is stable if the plant characteristics are
genetically fixed and therefore remain the same
from generation to generation, or after a cycle
of reproduction in the case of hybrid varieties.
The breeder must also give the variety an
acceptable "denomination", which becomes its
generic name and must be used by anyone who
markets the variety.

Copyright is a legal term describing rights given
to creators for their literary and artistic works.
The kinds of works covered by copyright
include: literary works such as novels, poems,
plays, reference works, newspapers and
computer programs; databases; films, musical
compositions, and choreography; artistic works
such as paintings, drawings, photographs and
sculpture; architecture; and advertisements,
maps and technical drawings.

Copyright subsists in a work by virtue of
creation; hence it’s not mandatory to
register. However, registering a copyright
provides evidence that copyright subsists
in the work & creator is the owner of the
work. Creators often sell the rights to
their works to individuals or companies
best able to market the works in return for
payment.

These payments are often made dependent
on the actual use of the work, and are then
referred to as royalties. These economic
rights have a time limit, (other than
photographs) is for life of author plus sixty
years after creator’s death. General
Principles governing the Copyrights and
related rights System in India and further
details can be viewed at website of
Copyright Office website at
http://copyright.gov.in/

Trade marks Tm
 ™ tm for an unregistered trademark, that is, a mark used to
promote or brand goods;
 ℠ sm for an unregistered service mark, that is, a mark used to
promote or brand services;
 ® r for a registered trademark. The owner of a registered
trademark may commence legal proceedings for trademark
infringement to prevent unauthorized use of that trademark.
However, registration is not required. The owner of a common
law trademark may also file suit, but an unregistered mark may
be protectable only within the geographical area within which
it has been used or in geographical areas into which it may be
reasonably expected to expand.

DATA BASE RIGHTS
 A database, that is a collection of data or other
material that is arranged in such a way so that the
items are individually accessible, may be protected by
copyright as a literary work and/or database right. This
protection can apply to both paper and electronic
databases.
 For copyright protection to apply, the database must
have originality in the selection or arrangement of
the contents and for database right to apply, there
must have been a substantial investment in obtaining,
verifying or presenting its contents.

It is possible that a database will satisfy both these
requirements so that both copyright and database
right apply. There is no registration for database
right - it is an automatic right like copyright and
commences as soon as the material that can be
protected exists in a recorded form. However, the
term of protection under database right is much
shorter than under copyright. Database right lasts for
15 years from making but, if published during this
time, then the term is 15 years from publication.

Geographical Indications (GI)

GI are signs used on goods that have a
specific geographical origin and possess
qualities or a reputation that are due to that
place of origin. Agricultural products
typically have qualities that derive from
their place of production and are influenced
by specific local factors, such as climate
and soil. They may also highlight specific
qualities of a product, which are due to
human fact ors that can be found in the
place of origin of the products, such as
specific manufacturing skills and traditions.

A geographical indication points to a
specific place or region of production that
determines the characteristic qualities of
the product that originates therein. It is
important that the product derives its
qualities and reputation from that place.
Place of origin may be a village or town, a
region or a country. It is an exclusive right
given to a particular community hence the
benefits of its registration are shared by the
all members of the community.

Recently the GIs of goods like Chanderi
Sarees, Kullu Shawls, Wet Grinders etc.
have been registered. Keeping in view
the large diversity of traditional products
spread all over the country, the
registration under GI will be very
important in future growth of the tribes /
communities / skilled artisans associated
in developing such products.

General Principles governing the
Geographical Indication System in
India and further details can be
viewed at website of Geographical
Indication Registry, website at
http://ipindia.nic.in/girindia/

References:
 Intellectual Property rights by CVS Subramanyam
 http://en.wikipedia.org/wiki/Intellectual_property
 http://www.dcmsme.gov.in/emerge/website_material_on_i
pr.pdf
 http://ipindia.nic.in/tmr_new/default.htm
 http://www.ipo.gov.uk/types/databaseright.htm
 http://www.ipindia.nic.in/
 http://copyright.gov.in/
 http://en.wikipedia.org/wiki/Plant_breeders'_rights

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