Intellectual property rights ppt

1. INTELLECTUAL PROPERTY
RIGHTS
Guided By -
Mr.Chandraprakash Dwivedi
M.Pharma (Pharmaceutics)
ACP Durg ,C .G
Submitted by –
Lishrita Ware
B.pharmacy(5th sem)
Apollo college of Pharmacy,
Durg

2. HISTORY OF INTELLECTUAL PROPERTY
RIGHTS IN INDIA
• 7th century- BC in Italy: Foodrecepies
• 1474 in Venice: First law on patent
• 1623 (UK): Act of proprietorship
India
• 1856: Act of protection of inventions
• 1948: Trademark protection
• 1957: Indian copyright act
• 1959: Indian Trade & Merchandise marks act
• 1970: Indian patent Act

3. Intellectual Property
• According to the World Intellectual Property
Organization (WIPO), the term 'Intellectual
Property' indicates the legal rights resulting
from intellectual activity in the fields of
science, industry, literature and art.
• Problems with intellectual property :–
 copied
Imitiated or reproduced

4. Intellectual property rights
• The right of an inventor to drive economic
benefits from his invention
• it is recognised by the government so long as
it is not to the detriment of the society

5. Main forms of IPR
Patents
Copyrights
Trade secretes
Plant breeders’ rights

6. Patents
Rights granted by a government to an inventor
to exclude others from imitiating,
manufacturing ,using or selling the invention
in question for commercial use during the
specified period (20 yrs from date of filing)
Patents are granted for
• Invention
• Innovation

7. • Process/ product of an invention
• Concept
Requirement for grant of Patent :-
 novelity
Inventiveness
Industrial application and usefulness
Patentability
Disclosure

8. Copyright
• Copyright is a set of exclusive rights granted by
the law of a jurisdiction -to the author or creator
of an original work, including the right to copy,
distribute and adapt the work.
• Ideas or concepts do not have copyright
protection
• Copyright protects the expression of the idea,
but not the ideas themselves
• Copyright protection applies for a specific period
of time, after which the work is said to enter the
public domain

9. Trade secrets
• When an organisation owning an intellectual
property does not disclose the property to any
one and keeps it as closly guarded secret- to
promote his business interest
• Unlimited duration
• No need to fill application
• No chance for other for improvement upon
the product

10. Plant breeder’s right
• Right of a breeder to regulate production and
marketing of his variety for a period of 15-20 yrs
Features:
• For cultivated plant species
• Protect the variety not standard breeding
procedure
• It also contains some breeders exemptions and
farmers privilege
• Laws 1st framed in 1961 by UPOV, revised
1972,1978 and 1991

11. UPOV (International union for
protection of new plant varieties)
• Inter governmental organization with
headquarters in Geneva, Switzerland.
• Established by the International Convention
for the Protection of New Varieties of Plants
• The Convention was adopted in Paris in 1961
and revised in 1972, 1978 and 1991
• The objective of the Convention is the
protection of new varieties of plants by an
intellectual property right

12.  For plant breeders' rights to be granted, the new
variety must meet four criteria under the rules
established by UPOV
 Novel: Should not have been offered for sale
before one year from date of filing of
application(INDIA)
• 6 years in case of trees and vines(OUTSIDE
INDIA) other case-4 year.
 Distinct: Should be clearly distinguishable from
any other variety by at least one essential
characteristic .
 Uniform: Should be sufficiently uniform in its
essential characteristics.
 Stable: Essential characteristics should remain
unchanged after repeated propagation .

13. Extent of protection by PBR
• Toproduce, Sell ,Market , Distribute becomes
the exclusive right of the holder of PBR title
• A grower may be allowed to reserve a portion
of his harvest for use as seeds for his own next
crop without permission of PBR title holder-
FARMERS EXEMPTION
• Exchange of propagating material of different
cultivars between farmers is not allowed
• Period of protection-20 yrs

14. • Use of propagating material for a protected
cultivar for scientific purpose does not require
permission of PBR title holder
• Use of protected cultivar for creation of genetic
variability does not require permission of PBR
title holder
• PBR protection does not cover breeding methods
• PBR covers new variety but does not protect the
parents of the variety except in case of hybrid
varieties

15. Advantages of PBR
• Incentive to breeders
• Fast development of seed industry
• Improvement of quality
• Procurement of good material
• Enrichment of genetic resources

16. Disadvantages of PBR
• Exploitation
• Increase cost of seed
• Encourage unhealthy practice
• Reduction in genetic diversity
• Ban on use of own seed

17. BREEDERS EXEMPTION
Under PBR regime,use of the material of a
protected variety for the development of a
new variety is exempted from protection
The PBR of these new varieties will be of the
breeder who develop them ,and the holder of
the PBR title of the initial variety will have no
claim to it.

18. FARMERS PRIVILEDGE
• PBR system allows the farmers to use the
materials of a protected variety produced on
their farm for planting of their new crop
without any obligations to the PBR title holder.
This exemption is called farmers priviledge

19. FARMERS RIGHTS
It has been argued that the farmers should be
allowed to share in the profit in recognisation of
their contribution by way of the development of
germplasms of the various crop .
This has been recognignise by FAO as farmers
rights ,which arise from the past present and
future contribution of farmer in
conserving,improving and making available plant
genetic resources ,particularly in the centers of
origin /diversity.

20. PROTECTION OF PLANT VARIETIES
AND FAMER’S RIGHT ACT
2001(PPVFR)
• Passed –august 9,2001 by lok sabha
• Aim
for the establishment of an effective system
for-
1. protection of plant varieties
2. Protect rights of farmers and plant breeders
3. Encourage the development of new varieties
of plants

21. • PPVFRA was established (section 3 of the
PPVFR Act) during 2005.
• Initially,authority started receiving
applications for Registration of Varieties of 12
notified crop species from 21st May,2007.
• India is the first country to passed legislation
granting Farmers' Rights in the form of the
PPVFR.

22. Main objectives of PPVFR Act
Torecognize and protect the rights of the
farmers for their contributions
Toencourage the development of new
varieties
Tostimulate research and development
both by public as well as private sector
Tofacilitate the growth of the seed
industry to ensure the availability quality
seeds

23. General Functions of the PPVFRA
• Registration of new plant varieties,
essentially derived varieties (EDV) and extant
varieties
• Developing DUS (Distinctiveness, Uniformity
and Stability) test guidelines for new plant
species
• Developing characterization and
documentation of registered varieties

24. • Compulsory cataloging facilities for all variety
of plants
• Documentation, indexing and cataloguing of
farmers' varieties
• Recognizing and rewarding farmers,
community of farmers.
• Maintenance of the National Register of
Plant Varieties and
• Maintenance of National Gene Bank

25. What can be registered under
PPVFR?
• New varieties
• Extant varieties
• Farmers’ varieties
• Essentially derived varieties (EDV)

26. 1.ESSENTIALLY DERIVED VARIETY
• A variety predominantly derived from the essential
variety
• which retains the expression of the essential
characteristics from the genotype or combination of
genotypes of the initial variety
• Do not exhibit any important(distinct features) that
differentiate it from other variety
• A variety produced by –mutation, backcross,
integration by genetic transformation of a “ single
gene” will be considered as an essentially derived
variety
• Will be protected under PBR title granted to the initial
variety

27. – 2)Extant variety
 Notified under section 5 of seeds act (1966)
 A variety about which there is common knowledge
 Which is in public domain (longer time)
• 3) Farmer’s variety
 Traditionally cultivated and evolved by farmer
 Land race or wild relatives
• 4) New variety
 Not in public domain earlier than one year before
the date of filing.
– (4 years in case of trees and vines)

28. What can not be registered under
PPVFR?
• Prevention of commercial exploitation of
those variety which is necessary to protect
public morality to human, animal and plant
health and cause harm full effect to
environment.
• Species involving any technology viz., Genetic
use restriction technology (GURT) or
Terminator Gene Technology.

30. REFERENCE
• Plant Breeding Principles and Methods-
B.D.Singh
• Internet