INTELLECTUAL PROPERTY RIGHTS
(IPR)

Mr. Deepak D. Gadade
Asst. Professor,
Dept. of Pharmaceutics,
Shri Bhagwan College of Pharmacy, Aurangabad
1
2
Creativity

G. Bell

Michael
Faraday

G. Bell

Electro magnetic
waves
3
What is Intellect is property?

4
Intellectual property
• Creation of human mind and intellect
• Idea or a concept or a thought at the
beginning
• Research and Development to lead the idea or
thought to practice
• The outcome of these ideas may be
development of products, processes, works
marks and design, etc.
5
Intellect is property?

6
Why IPR is important?
• Reward original efforts
• Stimulate innovation and
creativity
• Prevent duplication of
work?
• Commercial value in
research?
• Prevent exploitation of
workers?
• Technical information for
research & to prevent
litigation?
7
Forms of IPR

8
Patents
 Patent defined in Patents Act as “patent granted for
any invention under the Act”.

Territorial (national) Statutory exclusive right
Granted by the Government
To inventor or their assignees
In consideration of disclosure of the invention to the government
To prevent third parties not having his consent from making,
using, offering for sale, selling or importing for those purposes
the products or products produced by the patented processes
(Sec. 48)
 For a limited period of time (20 years)
 Qualified rights with duties and liabilities






9
Natco Pharma Bag’s licence to sell
Bayer’s Nexavar
• Nexavar- Bayer’s Patented Anticancer Product
• Reasonable Public criteria (Bayer can supply drug
to only 2% of cancer patients in INDIA)
• Reasonably Affordable
Particulars

Status

Cost of
Therapy

Royalty paid

Bayer, Germany

Patent Owner

Rs. 2.8 lakh

Negotiable

Natco, India

Compulsory license

Rs. 8880

6% of profit

• Drug was mfg. in Germany not in INDIA
• NATCO Share Rate increase by 6.17%
(12 Months highest increase)
10
11
Copyright
• Objective: To ensure protection from unlawfully
exploitation of the work of owner(Author)
• Copyright act provides exclusive rights to authors
and other owners of original works.
• Exclusive privilege to authors to reproduce,
distribute, perform, or display their creative
works.
12
Copyright

Literary

Dramatic

Films

Musical

Sound Recording

Artistic

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Trademark
• Word or symbol used by manufacturers to identify
goods.
• Customer able to distinguish product of one
manufacturer from that of other.
• Initial registration for 10 yrs and further renewed by
payment of fees for unlimited period.

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Trademark

LABEL
COLA

NAME Reliance

-

PEPSI / COCA

TATA / BIRLA /
GODREJ/
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Geographial indication

• Geographical Indication ?


Indication which identifies such goods (as agricultural goods, natural
goods or manufactured goods) as originating or manufactured or
processed in territory of the country or locality of the territory



Quality and reputation of such goods are attributable to geographical
origin

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GEOGRAPHICAL INDICATIONS

Kolhapuri
Chappal

Puneri
Pagdi

Scotch Whisky

Lonavala
Chikki

Assam
Black tea

Haldiram Bhujia
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DESIGN
• Includes shape; configuration; composition of colours,
lines.
• Main criteria: a) Novelty
b) Originality
Registration of design
– Currently governed by Design Act 2001
– Total time: 15 years
– Initially right is granted for 10 yrs then can be extended by 5 yrs
by making application along with necessary fee.
18
Designs
Pen Drive

Fancy Car

Baby Shoe
Medal
Mobile

Fancy jar

Shoe

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Trade Secret

20
Plant variety Protection

Singapore
Coconut

•

Legal protection granted by govt. for
protection of plant varieties, right of
farmers and plant breeders
21
Integrated Circuits
• Specific manner in which transistors & other
circuitry elements of IC are laid out and
includes connecting elements.

22
Laws in India
 Trade marks –The Trademarks Act 1999
 Copy Right Works- The Copyright Act 1957
 Designs- lines colours shapes etc. –The Designs Act
2000
 Inventions- Products or Process-The Patents Act 1970
 Plant variety protection – Plant Varieties and Farmers'
Rights Act, 2001
 Integrated circuits- The Semiconductor Integrated
Circuits Layout-design Act, 2000
 Geographical Indications - Geographical Indications of
Goods (Registration and Protection) Act, 1999 came in force
with effect from September 2003.

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A Brief…
• Patent – Patents are exclusive right for new and useful inventions
e. g. Dosage forms
• Trademark- Trademarks are identification marks of manufactures
e.g. Coca-Cola. It protects against imitations of the products as
long as they are in trade.
• Copyright- Right for creative, literary works and artistic works e.g.
Books, movies
• Industrial design- Protects external look and design of industrial
products e. g. spare parts
• Trade secret- Confidential information

24
Approach to the protection of Intellectual
Property
Suppose you invent a Laptop/ Dissolution Test Apparatus with
newer features
Register
Patent for the technology,
Design for the appearance,
Trademark for its brand and
Copyright for the accompanying literature.
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Thank you

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Intellectual property right

  • 1.
    INTELLECTUAL PROPERTY RIGHTS (IPR) Mr.Deepak D. Gadade Asst. Professor, Dept. of Pharmaceutics, Shri Bhagwan College of Pharmacy, Aurangabad 1
  • 2.
  • 3.
  • 4.
    What is Intellectis property? 4
  • 5.
    Intellectual property • Creationof human mind and intellect • Idea or a concept or a thought at the beginning • Research and Development to lead the idea or thought to practice • The outcome of these ideas may be development of products, processes, works marks and design, etc. 5
  • 6.
  • 7.
    Why IPR isimportant? • Reward original efforts • Stimulate innovation and creativity • Prevent duplication of work? • Commercial value in research? • Prevent exploitation of workers? • Technical information for research & to prevent litigation? 7
  • 8.
  • 9.
    Patents  Patent definedin Patents Act as “patent granted for any invention under the Act”. Territorial (national) Statutory exclusive right Granted by the Government To inventor or their assignees In consideration of disclosure of the invention to the government To prevent third parties not having his consent from making, using, offering for sale, selling or importing for those purposes the products or products produced by the patented processes (Sec. 48)  For a limited period of time (20 years)  Qualified rights with duties and liabilities      9
  • 10.
    Natco Pharma Bag’slicence to sell Bayer’s Nexavar • Nexavar- Bayer’s Patented Anticancer Product • Reasonable Public criteria (Bayer can supply drug to only 2% of cancer patients in INDIA) • Reasonably Affordable Particulars Status Cost of Therapy Royalty paid Bayer, Germany Patent Owner Rs. 2.8 lakh Negotiable Natco, India Compulsory license Rs. 8880 6% of profit • Drug was mfg. in Germany not in INDIA • NATCO Share Rate increase by 6.17% (12 Months highest increase) 10
  • 11.
  • 12.
    Copyright • Objective: Toensure protection from unlawfully exploitation of the work of owner(Author) • Copyright act provides exclusive rights to authors and other owners of original works. • Exclusive privilege to authors to reproduce, distribute, perform, or display their creative works. 12
  • 13.
  • 14.
    Trademark • Word orsymbol used by manufacturers to identify goods. • Customer able to distinguish product of one manufacturer from that of other. • Initial registration for 10 yrs and further renewed by payment of fees for unlimited period. 14
  • 15.
    Trademark LABEL COLA NAME Reliance - PEPSI /COCA TATA / BIRLA / GODREJ/ 15
  • 16.
    Geographial indication • GeographicalIndication ?  Indication which identifies such goods (as agricultural goods, natural goods or manufactured goods) as originating or manufactured or processed in territory of the country or locality of the territory  Quality and reputation of such goods are attributable to geographical origin 16
  • 17.
  • 18.
    DESIGN • Includes shape;configuration; composition of colours, lines. • Main criteria: a) Novelty b) Originality Registration of design – Currently governed by Design Act 2001 – Total time: 15 years – Initially right is granted for 10 yrs then can be extended by 5 yrs by making application along with necessary fee. 18
  • 19.
    Designs Pen Drive Fancy Car BabyShoe Medal Mobile Fancy jar Shoe 19
  • 20.
  • 21.
    Plant variety Protection Singapore Coconut • Legalprotection granted by govt. for protection of plant varieties, right of farmers and plant breeders 21
  • 22.
    Integrated Circuits • Specificmanner in which transistors & other circuitry elements of IC are laid out and includes connecting elements. 22
  • 23.
    Laws in India Trade marks –The Trademarks Act 1999  Copy Right Works- The Copyright Act 1957  Designs- lines colours shapes etc. –The Designs Act 2000  Inventions- Products or Process-The Patents Act 1970  Plant variety protection – Plant Varieties and Farmers' Rights Act, 2001  Integrated circuits- The Semiconductor Integrated Circuits Layout-design Act, 2000  Geographical Indications - Geographical Indications of Goods (Registration and Protection) Act, 1999 came in force with effect from September 2003. 23
  • 24.
    A Brief… • Patent– Patents are exclusive right for new and useful inventions e. g. Dosage forms • Trademark- Trademarks are identification marks of manufactures e.g. Coca-Cola. It protects against imitations of the products as long as they are in trade. • Copyright- Right for creative, literary works and artistic works e.g. Books, movies • Industrial design- Protects external look and design of industrial products e. g. spare parts • Trade secret- Confidential information 24
  • 25.
    Approach to theprotection of Intellectual Property Suppose you invent a Laptop/ Dissolution Test Apparatus with newer features Register Patent for the technology, Design for the appearance, Trademark for its brand and Copyright for the accompanying literature. 25
  • 26.