Pharma Regulatory Affairs & Healthcare Ethics

1. Intellectual Property Right
Rashid Mureed

2. Intellectual Property Right
Intellectual Property Right
 Intellectual Property Right (IPR) is the legal right granted by the Government, to
applicant(s) or owner(s) of an intellectual property (IP) to exclude others from
exploiting the IP commercially for a given period of time.
Intellectual
Property
Innovation
Identificatio
n
Distincti
on
Ownership
Economic
Growth
Balance
between
Innovator &
Public interest
Intellectual Property
Right
22 February 2020
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3. The IP Chain of Activities
 Creation
 Innovation
 Commercialization
 Protection
 Enforcement
Intellectual Property
Right
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4. The role of IP as intangible property
 Economic rights of creators
 Commercial exploitation of owner of IP
 Capital expenditure
 Transfer of technology
 Cultural development
Intellectual Property
Right
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5. Why IP protection is given
 Capital expenditure for new products
 R and D
 Marketing and advertisement
 Maintaining loyal followers
 profit
Intellectual Property
Right
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6. IP as a property
 Can be sold
 Can be bought
 Can be lease or rent
 Can pass under a will
 Can be assigned
Intellectual Property
Right
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7. Importance of IPRs in general
Why should an IP be protected?
 IP owner can stop others from manufacturing and selling products and
services which are dully protected by the IP owner
 IP owner can sell and/or license the IP for commercial gains
 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
Intellectual Property
Right
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8. Intellectual property
 Copyright
 Trademarks
 Patent
 Industrial designs
 Confidential information
 Geographical Indications
Intellectual Property
Right
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9. Patents
 Grant of a property right to the inventor
 Issued by the IPO Office
 Term of a new patent is 7 to 20 years from the date on which the
application for the patent was filed in IPO Office
 Patent grants are effective only within the territory/ies
Intellectual Property
Right
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10.  The right to exclude others from making, using, offering for sale, or selling”
the invention in specific market
 Not the right to make, use, offer for sale, sell or import, but the right to
exclude others from making, using, offering for sale, selling or importing the
invention
Intellectual Property
Right
Patents
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11. Two Categories for Patentable Inventions
Intellectual Property
Right
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12. Intellectual Property
Right
Patents-
Products
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13. Intellectual Property
Right
Patents -
Processes
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14.  Statute says, "any person who invents any new and useful process, machine,
manufacture, or composition of matter, or any new and useful improvement
thereof“
 Process:
Process, act or method, and primarily includes
industrial or technical processes
 Machine:
Self explanatory
 Manufacture:
Articles which are made, including all manufactured articles
 Composition of Matter
chemical compositions and may include mixtures of ingredients as well as new
chemical compound
Intellectual Property
Right
Patentability - (What may be
patented?)
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15. Procedure for grant of a patent?
 Filing a patent application along with the required documents,
 Publication of the patent application (18 months publication),
 Filing a request for examination,
 Filing a pre-grant opposition by an interested person,
 Examination of the patent application based on the turn of the request
for examination,
 Filing reply to comply with the requirements of the objections raised by
the patent office,
 Attending hearing, if any,
 Acceptance or rejection of the patent application,
 Publication grant of the patent application,
 Filing a post-grant opposition by an interested person,
 Grant of patent
Intellectual Property
Right
Patents
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16. Opposition of a patent
a) Applicant – wrongly obtained the invention ….
b) Publication before priority date of patent application.
c) Invention publicly known
d) Obvious – no inventive step
e) No invention as per the Patent Law
f) Invention not described clearly and sufficiently
g) No disclosure about source or geographical origin
h) Anticipation – traditional knowledge
Intellectual Property
Right
Patents
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17. Revocation of a patent
 Yes, a patent can be revoked, at any time, on the similar grounds as
applicable in case of an opposition. The revocation application is to be
filed at the office of the Intellectual Property Appellate Board under the
provisions of the Patent Act.
Intellectual Property
Right
Patents
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18. Fostering Innovation (Int.)
20K
1880s
40K
1900s
100K
1980s
300K
2014
Patenting Spikes
Intellectual Property
Right
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19. Trademarks / Service marks
 Word, name, symbol or device which is used in trade with goods to
indicate the source of the goods and to distinguish them from the goods
of others
 Service mark is the same as a trademark except that it identifies and
distinguishes the source of a service rather than a product
 An intellectual property right granted by a government to an individual,
business, or legal entity that creates and uses a distinctive word, name,
symbol, or device to distinguish its products or services from those from
any other entity in the marketplace
Intellectual Property
Right
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20. Trademarks
 Used to prevent others from using a confusingly similar mark
 Not to prevent others from making the same goods or from selling the
same goods or services under a clearly different mark
 May be registered with the Patent and Trademark Office
Intellectual Property
Right
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21.  Trademark rights established by:
 First to use the "mark"
 First to file application with TM Office
 Registered owner can use mark nationwide
 Registration granted for 10 years
 renewable for another 10
Intellectual Property
Right
Trademarks Registrations
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22.  TMO is responsible for the federal registration of trademarks
 TMO assigns it a serial number and sends the applicant a receipt about
two months after filing
 Examining attorney at the TMO reviews the application and determines
whether the mark may be registered
 Examining attorney will approve the mark for publication in the Official
Gazette
 TMO sends Notice of Publication to the applicant
 Opportunity for public opposition
 Certificate of Registration 12 weeks after publication
Intellectual Property
Right
Trademarks Registrations
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23. "TM", "SM", "®"
 Use of TM (trademark) or SM (service mark) designation with the
mark to alert the public to the claim
 Prior registration with TMO not required
 Registration symbol, ®, may only be used when the mark is
registered in the TMO
Intellectual Property
Right
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24. Copyrights
 Form of protection provided to the authors of “original works of
authorship"
 Including literary, dramatic, musical, artistic, and certain other
intellectual works, both published and unpublished
 Gives author and authorized other exclusive rights
 Copyrights are registered by the Copyright Office
 Duration is life + 70 years
Intellectual Property
Right
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25. Author and Agent have exclusive rights to:
1. Reproduce the copyrighted work
2. Distribute copies or phono records of the copyrighted work,
3. Perform the copyrighted work publicly
1. Includes digital audio transmission
4. Display the copyrighted work publicly
Intellectual Property
Right
Copyrights Protection
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26. Scope of Copyright Protection
 Literary works
 Musical works
 Including lyrics
 Dramatic works
 Including music
 Pantomimes
 MP-3 Music
 Choreography
 Motion pictures
 Pictorial, graphic works
 Sound recordings
Intellectual Property Right
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Must be "fixed in a tangible medium of expression" to be protected.
Not protected:
Unrecorded choreography
Slogans, short names, titles, familiar symbols
Ideas, procedures, methods, systems, principles
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27. Copyright Notice
 Notice of Copyright
 Symbol ©
 Word "copyright"
 Abbreviation "Copr."
 Example: © 2000 The Silk roads by Peter Frankopan
 Sound recording require symbol, year first publication and name of
owner
Intellectual Property
Right
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28.  Meaning “ an indication which identifies any goods as originating in a
country or territory, or a region or locality where a given quality, reputation
or other characteristic of the goods is essentially attributable to their
geographical origin”
 Product must come from a particular geographical territory
 Uses a name link to the particular geographical nature of the territory
 To stop others from using
 Pakistan made
 Pakistan Spices
 Multani Halwa
Protection for geographical indications
Intellectual Property
Right
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29. International Convention for IP
 Paris Convention for Protection of Industrial Property 1967 ( 1989)
 Berne Convention for the Protection of Literary and Artistic Works 1971 (
1990)
 Trade-related aspects of Intellectual Property Agreement 1994 ( 1995)
 WCT ( digital agenda)
 PCT 2004
Intellectual Property
Right
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30. Paris Convention
 Protection for industrial property
 Trade mark
 Patent
 Unfair competition
 Governed by domestic legislation
Intellectual Property
Right
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31. TRIPS 1994
 Additional to Paris and Berne.
 Minimum requirement.
 Most favored nation treatment.
 Strong enforcement procedure.
Intellectual Property
Right
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32. Patent Cooperation Treaty
 Making it easier to make patent application
 Designated country.
 International phase to national phase.
Intellectual Property
Right
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33. Intellectual Property
Industrial Property Literary and Artistic
Property
Patent Trademark
Industrial Design Geographical
Indication
Copyright
Intellectual Property
Right
How to file Trademark Registration in
Pakistan ?
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34. Patent Trade Marks Industrial
Designs
Copyrights
What is
protected
?
For how
long ?
What
does it
protect
against?
Invention
Brand identity
incl. Words &
Logos
What the
product
looks like
Music, art,
literary
work &
broadcasts
20 years
(subject to
annual
renewal)
Your idea being
used, sold or
manufactured
10 years
(renewal
every 10
years)
The use of your
trademark
without your
permission
Up to 25
years
Up to 50 or
75 years
Your work being
copied or
reproduced
Your product being
sold, imported or
manufactured
Intellectual Property
Right
Intellectual property Organization?
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35. How to file Trademark Registration in
Pakistan ?
Search
-Registrar of Trademarks
-TM form 55
--Search Fee of 1000/- PKR
File
-Form TM-1 OR TM-2
-Fee of 2000/- PKR
Registration
-report after 3 months
-Publication in Trade Marks Journal
-Form TM--11
-Registration fee 6000/- PKR
Manage
-Registration Certificate
-Renewal
Intellectual Property
Right
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36. Intellectual Property Organization -
Pakistan at a glance..
Establishe
d in 2005
Trademark
s Registry
Copyright
Office
Patent
&
Desig
n
Office
Integrating
IP
managemen
t Creating
awareness
about IP rights
Enhancing
enforcement
coordination
Improving
service
delivery
Technology
&
Information
Support
Centers
Publications
IPRs
enforcement
coordination
Structur
e...
Achievement
s..
…Functio
ns
Intellectual Property
Right
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37. Patents
Patents Ordinance, 2000
The Patents rules, 2003
Copyrights
Copyrights Ordinance, 1962
Copyrights rules, 1967
Trademarks
Trademarks Ordinance, 2001
Trademarks rules, 2004
IPO Pakistan
IPO-Pakistan Act, 2012
Intellectual Property Organization -
Pakistan.. Legislation..
Intellectual Property
Right
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38. Intellectual Property Right