The document discusses various topics related to intellectual property rights in the pharmaceutical industry, with a focus on Malaysia. It covers definitions and types of intellectual property including patents, copyrights, trademarks, industrial designs, geographical indications, and discusses related concepts like intellectual property, regulatory affairs, and patent filing systems. The key points are intellectual property rights give creators exclusive rights over their inventions or creations for a certain period, and understanding these rights is important for business identity and differentiation in the pharmaceutical industry.
This document provides an overview of an intellectual property (IP) management training. The training aims to help participants understand the benefits of protecting their IP, how to do so, and how to exploit their enterprise cultural heritage. It covers topics like patents, trademarks, copyright, and registered designs. The training takes 2-2.5 hours and provides generic information that should be checked against specific country laws.
This document provides an overview of trademark infringement and protection under Indian law. It defines what constitutes a trademark and infringement, including using an identical or deceptively similar mark for similar goods/services. Acts amounting to infringement include applying a registered mark to materials and taking unfair advantage of a mark's reputation. Statutory protection is provided under the Trademarks Act of 1999, including remedies like injunctions and seizure of infringing goods. Common law protections also exist through actions like "passing off". The document outlines several court cases related to trademark disputes and how principles of delay, descriptive names, and trans-border reputation have been applied.
Knobbe Martens attorneys Russell Jeide and Scott Cromar presented “Why is Intellectual Property Important?” at a Temecula Valley Entrepreneur’s Exchange (TVE2) event. The presentation was focused on the importance of IP to entrepreneurs and new businesses, and was part of an all-day event celebrating TVE2’s two year anniversary. The event was called “Innovate. Grow. Connect.”
The document discusses various forms of intellectual property including trademarks, patents, copyrights, and fair use. It provides details on what each type protects, the requirements and process for obtaining patents, rights under copyright, benefits and limitations of patents and copyrights, and factors considered for fair use of copyrighted works.
1. The document discusses various aspects of intellectual property (IP) including the types of IP (patents, trademarks, copyrights), governing acts in India, infringement issues, and case studies.
2. It provides definitions for patents, trademarks, and copyrights and outlines the terms and processes associated with obtaining and renewing each type of IP protection in India.
3. Examples are given of IP infringement lawsuits filed in India, including suits by Apple against HTC and by Adidas against counterfeiters. Punishments for infringement are also summarized.
Roche sued Cipla for patent infringement over Cipla's generic version of Roche's cancer drug erlotinib. The single judge ruled in favor of Cipla, noting that Cipla's cheaper generic provided important public access to this life-saving drug. However, the division bench overturned this, finding that Roche's patent was for a mixture of polymorphs while Cipla's drug contained only polymorph B, which was not patented. The court criticized Roche for not properly describing the invention and not providing data to show Cipla's drug infringed the patent. Ultimately, Cipla was found not to infringe Roche's erlotinib patent.
The document provides information on assessing novelty for patent applications. It describes novelty as a new invention within an existing field. The steps for assessing novelty include checking if the invention falls under non-patentable categories, searching prior art databases using keywords to identify previous similar inventions, and analyzing if the invention has been previously published, used or communicated based on patent law sections. The document also lists several major prior art databases and search techniques.
This document provides an overview of an intellectual property (IP) management training. The training aims to help participants understand the benefits of protecting their IP, how to do so, and how to exploit their enterprise cultural heritage. It covers topics like patents, trademarks, copyright, and registered designs. The training takes 2-2.5 hours and provides generic information that should be checked against specific country laws.
This document provides an overview of trademark infringement and protection under Indian law. It defines what constitutes a trademark and infringement, including using an identical or deceptively similar mark for similar goods/services. Acts amounting to infringement include applying a registered mark to materials and taking unfair advantage of a mark's reputation. Statutory protection is provided under the Trademarks Act of 1999, including remedies like injunctions and seizure of infringing goods. Common law protections also exist through actions like "passing off". The document outlines several court cases related to trademark disputes and how principles of delay, descriptive names, and trans-border reputation have been applied.
Knobbe Martens attorneys Russell Jeide and Scott Cromar presented “Why is Intellectual Property Important?” at a Temecula Valley Entrepreneur’s Exchange (TVE2) event. The presentation was focused on the importance of IP to entrepreneurs and new businesses, and was part of an all-day event celebrating TVE2’s two year anniversary. The event was called “Innovate. Grow. Connect.”
The document discusses various forms of intellectual property including trademarks, patents, copyrights, and fair use. It provides details on what each type protects, the requirements and process for obtaining patents, rights under copyright, benefits and limitations of patents and copyrights, and factors considered for fair use of copyrighted works.
1. The document discusses various aspects of intellectual property (IP) including the types of IP (patents, trademarks, copyrights), governing acts in India, infringement issues, and case studies.
2. It provides definitions for patents, trademarks, and copyrights and outlines the terms and processes associated with obtaining and renewing each type of IP protection in India.
3. Examples are given of IP infringement lawsuits filed in India, including suits by Apple against HTC and by Adidas against counterfeiters. Punishments for infringement are also summarized.
Roche sued Cipla for patent infringement over Cipla's generic version of Roche's cancer drug erlotinib. The single judge ruled in favor of Cipla, noting that Cipla's cheaper generic provided important public access to this life-saving drug. However, the division bench overturned this, finding that Roche's patent was for a mixture of polymorphs while Cipla's drug contained only polymorph B, which was not patented. The court criticized Roche for not properly describing the invention and not providing data to show Cipla's drug infringed the patent. Ultimately, Cipla was found not to infringe Roche's erlotinib patent.
The document provides information on assessing novelty for patent applications. It describes novelty as a new invention within an existing field. The steps for assessing novelty include checking if the invention falls under non-patentable categories, searching prior art databases using keywords to identify previous similar inventions, and analyzing if the invention has been previously published, used or communicated based on patent law sections. The document also lists several major prior art databases and search techniques.
A copyright is a legal right given by the law to creators of literary, dramatic, musical and artistic works and producers of cinematography films and sound recordings. Business entities often copyright instruction manuals, product literature and user guides. Copyright is usually owned by the maker of the work, but may also be owned by the employer of its creator or the person who has authorized the work (unless there is an agreement to the contrary in either case).
This document summarizes copyright infringement under Indian law. It defines infringement as breaking copyright law, which causes economic loss to copyright owners. Direct copying, indirect copying, and substantial copying can all constitute infringement. The principles of determining infringement include conscious, unconscious, and subconscious copying. Several court cases dealing with copyright infringement in movies, songs, and books are summarized. Exceptions to infringement and the doctrine of fair dealing are explained. Finally, civil and criminal remedies for copyright infringement are outlined.
IPR and economic development are linked in complex ways. For developed "Northern" countries that innovate, stronger IPR protection benefits them by protecting innovations. However, for developing "Southern" countries, the impacts are more ambiguous as stronger IPR can either help or hinder depending on how technology is transferred between North and South through trade, foreign direct investment, or licensing. Overall, weak IPR protection may better facilitate technology transfer and learning in less developed countries in the early stages of industrialization through imitation and reverse engineering.
Personality-Based Justifications of Intellectual PropertyMumbi Chishimba
This document discusses the personality-based justification of intellectual property. It defines personality-based justification as the theory that intellectual property is an extension of an individual's personality and should be exclusively controlled by the creator. The document outlines problems with this view, such as whether feelings and traits can truly be owned. It also discusses a 1994 copyright case between Apple and Microsoft and how it relates to personality-based justification. Finally, it notes both advantages and disadvantages of the personality-based view for justifying intellectual property protections.
Intellectual property rights establish minimum standards of protection for intellectual creations of the mind such as inventions, artistic works, symbols, names and images. They usually give the creator exclusive rights over use of the creation for a certain period of time. The main purpose is to encourage creation of a variety of intellectual goods. There are two main forms - literary and artistic works protected by copyright, and industrial property like patented inventions protected by patents, trademarks, industrial designs, trade secrets and geographical indications. World Intellectual Property Organization promotes IP protection globally.
What are the rights of Patentee? Explain. [#38]Kamal Thakur
The document discusses the rights of a patentee under Indian patent law. It outlines 5 key rights:
1. The right to exploit the patent by exercising the conditions imposed by the Act. This includes making, using, or selling the patented invention.
2. The right to license the patent to others, allowing third parties to exploit the patented invention in a defined territory.
3. The right to assign the patent fully or partially to another party through a written agreement.
4. The right to surrender the patent at any time by notifying the patent controller and allowing opportunities for other interested parties like licensees to oppose the surrender.
5. The right to sue for infringement in courts equal or
The presentation deals with various aspects of the act of Copyright .
The presentation explains copyright, tenure of copyright, and the infringement of copyright.
Trademark licensing allows a registered trademark owner to grant permission to another party to use the trademark. It provides benefits to both parties, allowing the owner to expand their business and the licensee to generate revenue with less investment. However, there is a risk that the licensee could exploit the trademark more successfully than the owner or that unauthorized usage could occur. Key principles for trademark licensing include source identification, where the trademark must be connected to the owner, quality control to preserve the brand's reputation, and connection in the course of trade to ensure quality control is maintained.
The document discusses key aspects of copyright law in India, including what constitutes copyright, subject matter covered, introduction and history of copyright acts in India, rights of copyright holders, term of copyright, registration process, remedies for infringement, and roles of the Copyright Office and Copyright Board. It provides definitions for literary works, artistic works, sound recordings and more. The copyright act aims to encourage creation by protecting author's rights and preventing misuse of copyrights.
Trademark generally refers to a “brand” or “logo”.
Trademark registration can also be obtained for a business name, distinctive catch
phrases, taglines or captions.
Properly used and promoted, a Trademark may become the most valuable asset of a
business. Trademarks such as Coca Cola, HP, Canon, Nike and Adidas serve as an
indication of origin of the goods as well as an indication of quality.
It is also essential to obtain trademark registration for the business name/trade name
under the Trademarks Act. Registration of a company or business name under the
Companies Act does not in itself give protection against others who might commence
using identical or similar marks.
This document provides an introduction to copyright law in India. It discusses that copyright law was first introduced in India in 1914 and is now governed by the Copyright Act of 1957. The act protects original literary, dramatic, musical and artistic works. Infringement occurs when someone exercises the rights of the copyright owner without permission, such as by distributing or copying a work. The document concludes with a case study of Apple v Samsung, where Apple sued Samsung for copying the iPhone and was awarded $1 billion for patent infringement.
This presentation helps you to thoroughly understand the concept of patents, copyrights, trademarks, trade secrets etc. Also it includes the steps for registering the above mentioned subjects. Do have a look.
Patent infringement is the commission of a prohibited act with respect to a patented invention without permission from the patent holder. It occurs when someone violates the patent rights an inventor has in his invention by making, using or selling the invention without the patent owner‘s permission (or if the patent has been licensed), in a way not permitted by the license.
This document discusses intellectual property rights (IPR) including definitions, types of IPR such as patents, copyrights, trademarks, and geographical indications. It provides details on the scope, objectives, and sources of patent information. It discusses the patent application and processing system. It summarizes the key features and objectives of India's National IPR Policy of 2016. Finally, it briefly discusses the Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement and international and regional IPR agreements.
This document discusses patent infringement and remedies under Indian law. It defines patent infringement as making, using, offering to sell, selling, or importing a patented product or process without permission. There are direct and indirect types of infringement. Certain uses for research or education are excluded. The patentee or assignee can file an infringement suit within 3 years. The plaintiff bears the burden of proof initially. Remedies for infringement include injunctions and damages or accounting of profits. Temporary injunctions require considering a prima facie case, balance of convenience, and irreparable loss. Several case laws are discussed, including ones related to linezolid patents, DTSi technology, the rejection of a patent for Gleevec, and actions for
This document provides an overview of trademarks, including definitions, categories of trademarks, purposes of trademarks, criteria for trademarks, registration process, enforcement, and international agreements related to trademarks. It defines a trademark as a sign used to identify goods and distinguish them from competitors' goods. It describes categories of trademarks such as words, devices, colors, shapes. It explains the registration process including searching, applying, opposing, and registering trademarks. It discusses infringement and available legal remedies. It also lists some key international agreements around trademarks.
Copyright infringement is the use of works protected by copyright law without permission, infringing certain exclusive rights granted to the copyright holder, such as the right to reproduce, distribute, display or perform the protected work, or to make derivative works.
The document discusses copyright laws in India. It defines copyright and outlines the rights granted to copyright owners, including reproduction, performance, recording, translation, and adaptation rights. It describes the Copyright Act of 1957 and amendments, and notes that India is a member of several international copyright treaties. The document also discusses the terms of copyright, limitations on copyright protection, the Copyright Office and Copyright Board, and their roles and powers.
Intellectual property rights in MalaysiaBeena Maddi
The document discusses various topics related to intellectual property rights in Malaysia, including:
- An overview of intellectual property rights (IPR), patents, copyright, trademarks, industrial designs, geographical indications, and other forms of IP.
- Details on the National Pharmaceutical Regulatory Agency (NPRA) in Malaysia, which regulates medicinal products and cosmetics to ensure safety, effectiveness and quality.
- Explanations of the patent filing system, copyright protections, requirements for trademarks, durations of registrations, and other IP regulations in Malaysia.
- The importance of registering various types of intellectual property like patents, designs, trademarks is discussed to obtain exclusive rights and legal protections.
A copyright is a legal right given by the law to creators of literary, dramatic, musical and artistic works and producers of cinematography films and sound recordings. Business entities often copyright instruction manuals, product literature and user guides. Copyright is usually owned by the maker of the work, but may also be owned by the employer of its creator or the person who has authorized the work (unless there is an agreement to the contrary in either case).
This document summarizes copyright infringement under Indian law. It defines infringement as breaking copyright law, which causes economic loss to copyright owners. Direct copying, indirect copying, and substantial copying can all constitute infringement. The principles of determining infringement include conscious, unconscious, and subconscious copying. Several court cases dealing with copyright infringement in movies, songs, and books are summarized. Exceptions to infringement and the doctrine of fair dealing are explained. Finally, civil and criminal remedies for copyright infringement are outlined.
IPR and economic development are linked in complex ways. For developed "Northern" countries that innovate, stronger IPR protection benefits them by protecting innovations. However, for developing "Southern" countries, the impacts are more ambiguous as stronger IPR can either help or hinder depending on how technology is transferred between North and South through trade, foreign direct investment, or licensing. Overall, weak IPR protection may better facilitate technology transfer and learning in less developed countries in the early stages of industrialization through imitation and reverse engineering.
Personality-Based Justifications of Intellectual PropertyMumbi Chishimba
This document discusses the personality-based justification of intellectual property. It defines personality-based justification as the theory that intellectual property is an extension of an individual's personality and should be exclusively controlled by the creator. The document outlines problems with this view, such as whether feelings and traits can truly be owned. It also discusses a 1994 copyright case between Apple and Microsoft and how it relates to personality-based justification. Finally, it notes both advantages and disadvantages of the personality-based view for justifying intellectual property protections.
Intellectual property rights establish minimum standards of protection for intellectual creations of the mind such as inventions, artistic works, symbols, names and images. They usually give the creator exclusive rights over use of the creation for a certain period of time. The main purpose is to encourage creation of a variety of intellectual goods. There are two main forms - literary and artistic works protected by copyright, and industrial property like patented inventions protected by patents, trademarks, industrial designs, trade secrets and geographical indications. World Intellectual Property Organization promotes IP protection globally.
What are the rights of Patentee? Explain. [#38]Kamal Thakur
The document discusses the rights of a patentee under Indian patent law. It outlines 5 key rights:
1. The right to exploit the patent by exercising the conditions imposed by the Act. This includes making, using, or selling the patented invention.
2. The right to license the patent to others, allowing third parties to exploit the patented invention in a defined territory.
3. The right to assign the patent fully or partially to another party through a written agreement.
4. The right to surrender the patent at any time by notifying the patent controller and allowing opportunities for other interested parties like licensees to oppose the surrender.
5. The right to sue for infringement in courts equal or
The presentation deals with various aspects of the act of Copyright .
The presentation explains copyright, tenure of copyright, and the infringement of copyright.
Trademark licensing allows a registered trademark owner to grant permission to another party to use the trademark. It provides benefits to both parties, allowing the owner to expand their business and the licensee to generate revenue with less investment. However, there is a risk that the licensee could exploit the trademark more successfully than the owner or that unauthorized usage could occur. Key principles for trademark licensing include source identification, where the trademark must be connected to the owner, quality control to preserve the brand's reputation, and connection in the course of trade to ensure quality control is maintained.
The document discusses key aspects of copyright law in India, including what constitutes copyright, subject matter covered, introduction and history of copyright acts in India, rights of copyright holders, term of copyright, registration process, remedies for infringement, and roles of the Copyright Office and Copyright Board. It provides definitions for literary works, artistic works, sound recordings and more. The copyright act aims to encourage creation by protecting author's rights and preventing misuse of copyrights.
Trademark generally refers to a “brand” or “logo”.
Trademark registration can also be obtained for a business name, distinctive catch
phrases, taglines or captions.
Properly used and promoted, a Trademark may become the most valuable asset of a
business. Trademarks such as Coca Cola, HP, Canon, Nike and Adidas serve as an
indication of origin of the goods as well as an indication of quality.
It is also essential to obtain trademark registration for the business name/trade name
under the Trademarks Act. Registration of a company or business name under the
Companies Act does not in itself give protection against others who might commence
using identical or similar marks.
This document provides an introduction to copyright law in India. It discusses that copyright law was first introduced in India in 1914 and is now governed by the Copyright Act of 1957. The act protects original literary, dramatic, musical and artistic works. Infringement occurs when someone exercises the rights of the copyright owner without permission, such as by distributing or copying a work. The document concludes with a case study of Apple v Samsung, where Apple sued Samsung for copying the iPhone and was awarded $1 billion for patent infringement.
This presentation helps you to thoroughly understand the concept of patents, copyrights, trademarks, trade secrets etc. Also it includes the steps for registering the above mentioned subjects. Do have a look.
Patent infringement is the commission of a prohibited act with respect to a patented invention without permission from the patent holder. It occurs when someone violates the patent rights an inventor has in his invention by making, using or selling the invention without the patent owner‘s permission (or if the patent has been licensed), in a way not permitted by the license.
This document discusses intellectual property rights (IPR) including definitions, types of IPR such as patents, copyrights, trademarks, and geographical indications. It provides details on the scope, objectives, and sources of patent information. It discusses the patent application and processing system. It summarizes the key features and objectives of India's National IPR Policy of 2016. Finally, it briefly discusses the Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement and international and regional IPR agreements.
This document discusses patent infringement and remedies under Indian law. It defines patent infringement as making, using, offering to sell, selling, or importing a patented product or process without permission. There are direct and indirect types of infringement. Certain uses for research or education are excluded. The patentee or assignee can file an infringement suit within 3 years. The plaintiff bears the burden of proof initially. Remedies for infringement include injunctions and damages or accounting of profits. Temporary injunctions require considering a prima facie case, balance of convenience, and irreparable loss. Several case laws are discussed, including ones related to linezolid patents, DTSi technology, the rejection of a patent for Gleevec, and actions for
This document provides an overview of trademarks, including definitions, categories of trademarks, purposes of trademarks, criteria for trademarks, registration process, enforcement, and international agreements related to trademarks. It defines a trademark as a sign used to identify goods and distinguish them from competitors' goods. It describes categories of trademarks such as words, devices, colors, shapes. It explains the registration process including searching, applying, opposing, and registering trademarks. It discusses infringement and available legal remedies. It also lists some key international agreements around trademarks.
Copyright infringement is the use of works protected by copyright law without permission, infringing certain exclusive rights granted to the copyright holder, such as the right to reproduce, distribute, display or perform the protected work, or to make derivative works.
The document discusses copyright laws in India. It defines copyright and outlines the rights granted to copyright owners, including reproduction, performance, recording, translation, and adaptation rights. It describes the Copyright Act of 1957 and amendments, and notes that India is a member of several international copyright treaties. The document also discusses the terms of copyright, limitations on copyright protection, the Copyright Office and Copyright Board, and their roles and powers.
Intellectual property rights in MalaysiaBeena Maddi
The document discusses various topics related to intellectual property rights in Malaysia, including:
- An overview of intellectual property rights (IPR), patents, copyright, trademarks, industrial designs, geographical indications, and other forms of IP.
- Details on the National Pharmaceutical Regulatory Agency (NPRA) in Malaysia, which regulates medicinal products and cosmetics to ensure safety, effectiveness and quality.
- Explanations of the patent filing system, copyright protections, requirements for trademarks, durations of registrations, and other IP regulations in Malaysia.
- The importance of registering various types of intellectual property like patents, designs, trademarks is discussed to obtain exclusive rights and legal protections.
Intellectual Property Rights by Shiv Kalia.pptxShiv Kalia
INTELLECTUAL PROPERTY RIGHTS (IPR) have been defined as ideas, inventions, and creative expressions based on which there is a public willingness to bestow the status of property. IPR provide certain exclusive rights to the inventors or creators of that property, in order to enable them to reap commercial benefits from their creative efforts or reputation.
Intellectual property Rights with question answers.doccollege7
This document provides an overview of intellectual property rights as they relate to biotechnology. It discusses how biotechnological inventions can be patented, but certain things cannot like methods of medical treatment. It describes issues around reproducing biological material and overlapping plant variety and patent protection. Utility patents and gene patenting are explained. Life forms and GMOs can be patented in some countries.
INTELECTUALNESS
Intellectual property refers to creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce.
This document provides an introduction to intellectual property rights. It discusses the key concepts of property and intellectual property. The seven main types of intellectual property instruments are described as patents, trademarks, geographical indications, industrial designs, integrated circuit layout designs, trade secrets, and copyrights. For each type, the document outlines what is protected, requirements for protection, duration of protection and other key details.
Intellectual property rights protect creations of the human mind. They include copyrights, patents, trademarks, industrial designs, and trade secrets. The document discusses each type of intellectual property right in India and what they protect. It also explains the importance of intellectual property rights in encouraging innovation and sharing of information while also providing legal protections and incentives for creators.
The document discusses intellectual property laws in India, focusing on patents, copyright, and trademarks. It provides definitions and requirements for patents, inventions that can and cannot be patented, the patent application process, rights conferred to patent holders, and provisions for compulsory licensing. For copyright, it discusses what works are protected, rights of copyright holders, and the registration process. For trademarks, it defines trademarks, their purpose and functions, and provisions regarding registrability including absolute and relative grounds for refusal of registration.
This document provides an overview of intellectual property rights. It begins with definitions of intellectual property rights and explains they grant legal rights over inventions, literary and artistic works, and symbols used in commerce. The document then outlines the main branches of intellectual property rights, including copyrights, patents, trademarks, industrial designs, geographical indications, and trade secrets. It provides examples and requirements for obtaining each type of intellectual property right. The document also discusses emerging issues, benefits of intellectual property rights, and concludes they reward creativity and fuel human progress.
The document discusses various aspects of intellectual property rights (IPR) including different types of IPR like patents, copyrights, trademarks etc. It provides an introduction to IPR, why we need IPR, types of IPR in India and other countries. It also discusses major international agreements related to IPR like Paris Convention, Berne Convention, TRIPS agreement. The roles and responsibilities of organizations like WIPO, WTO in governing global IPR are outlined.
Intellectual property refers to creations of the mind such as inventions, artistic works, designs, and symbols. IP is protected by laws through mechanisms like patents, copyrights, and trademarks. These laws aim to balance innovation and public access by granting exclusive rights to creators for a period. Examples of intellectual property include business logos, artistic works, patents on inventions, and more. IP is an important intangible asset and its theft or violation can damage businesses, so strong protections are needed.
This document discusses various types of intellectual property rights including patents, copyrights, trademarks, industrial designs, geographical indications, databases, and trade secrets. It provides details on what each type of intellectual property protects, requirements for protection, rights granted, and filing processes. The key types of intellectual property covered are patents for inventions, copyright for creative works, trademarks for distinguishing business products/services, and geographical indications for regional goods with special qualities. Intellectual property plays an important role in both cultural and economic life.
Intellectual Property Rights (IPR) refer to legal rights protecting creations...sh158aron
Intellectual Property Rights (IPR) refer to legal rights protecting creations of the mind, such as inventions, literary and artistic works, designs, symbols, names, and images used in commerce
Running Head:INTELLECTUAL PROPERTY1
INTELLECTUAL PROPERTY13
Intellectual Property
Student’s Name
Institutional Affiliation
INTELLECTUAL PROPERTY
Abstract
Intellectual property (IP) denotes to conceptions of the mind, such as discoveries; fictional and imaginative workings; designs; and cyphers, labels and imageries used in business. Intellectual Property is secured in law by, for instance, copyrights, patents and trademarks, which empower individuals to receive acknowledgement or monetarist benefit from what they discover or generate. By striking the right equilibrium amid the welfares of innovators and the broader communal interest, the Intellectual Property system purposes to bring in an atmosphere in which originality and novelty can flourish (Cornish, Llewelyn, &Aplin, 2013).
The main aim of intellectual property in law is to ensure that investigators enjoy the benefits of their inventions before the general public take up the opportunity and take advantage. These laws protect against piracy when it comes to property such music, plagiarism when it comes to property such as written works and protecting against stealing of emblems, logos and colors. This is to ensure ethical behavior in the field of business and encourage innovation of novel products in different industries.
This assignment encompasses intellectual property, it denotes and explains some of the very important intellectual property rights which include patents, copyrights, industrial design rights, plant varieties and trademarks just but to mention a few. The paper also explains the benefits of having intellectual property rights and the advantages it offers the proprietors. It goes further to explain some of the limitations that copyrights have and how both the public and the inventor or the creator can both benefit from the invention. The paper concludes by explaining how intellectual property and software can be protected.
Intellectual Property Rights
Intellectual property rights are similar to any other property right. They permit inventers, or proprietors, of charters, emblems or copyrighted workings to profit from their individual effort or investment in a conception. These rights are known both national and recognized by international bodies and for that reason they delineated in Article 27 of the Universal Declaration of Human Rights, which offers for the right to profit from the fortification of ethical and substantialwelfaressubsequent ofcomposition of methodical, fictional or imaginativeinventions. The intellectual property rights include the following copyright, patents, trademarks, industrial designs and geographical indications, plant varieties, trade dress and trade secrets. All these rights are explained below:
Patents
A patent is a high-class right allowed for a discovery – an artefact or procedure that delivers a novel technique of undertaking something, or that provides a novelmechanicalresolution to somethingproblematic. A patent delivers pate.
Patent protection and registration in the uaeAhmedTalaat127
With the acceleration of technological progress, access to the intellectual property, and even theft thereof, is becoming easier every day.
Thus, the need for legislation guaranteeing the protection of creative products. And ideas and inventions has become more urgent than ever. Accordingly, Intellectual Property Protection, Patent Registration and other laws began to develop in recent times.
The UAE has always recognized the importance of the robust and effective protection of intellectual property to ensure the rights of others, and the Ministry of Economy is the body responsible for, amongst others, the implementation and regulation of such intellectual property protection legislation as well as the registration of various forms of intellectual property.
This article will consider the steps for submitting an application to the Ministry for the legal protection of an idea, invention, creative work, trademark or any other form of intellectual property in accordance with the UAE intellectual property laws.
This document provides an introduction to intellectual property rights (IPR) in India. It discusses the main types of IPR which include patents, trademarks, copyright, industrial designs, and geographical indications. For each type of IPR, it describes what can be protected, requirements for protection, duration of protection, and provides examples. It also discusses key acts governing IPR in India and concludes with a case study related to a patent dispute over the drug Sitagliptin between drug companies Merck and Glenmark.
This document provides an overview of intellectual property rights. It begins with definitions of intellectual property rights and explains they grant legal rights over inventions, literary and artistic works, designs, names and symbols. The document then outlines the main branches of intellectual property rights, including copyrights, patents, trademarks, industrial designs, geographical indications and trade secrets. It provides examples and requirements for obtaining each type of intellectual property right. The document concludes by discussing emerging issues in intellectual property and benefits it provides to innovators and economic development.
Similar to Intellectual property rights in Malaysia (20)
Are you looking for a long-lasting solution to your missing tooth?
Dental implants are the most common type of method for replacing the missing tooth. Unlike dentures or bridges, implants are surgically placed in the jawbone. In layman’s terms, a dental implant is similar to the natural root of the tooth. It offers a stable foundation for the artificial tooth giving it the look, feel, and function similar to the natural tooth.
Breast cancer: Post menopausal endocrine therapyDr. Sumit KUMAR
Breast cancer in postmenopausal women with hormone receptor-positive (HR+) status is a common and complex condition that necessitates a multifaceted approach to management. HR+ breast cancer means that the cancer cells grow in response to hormones such as estrogen and progesterone. This subtype is prevalent among postmenopausal women and typically exhibits a more indolent course compared to other forms of breast cancer, which allows for a variety of treatment options.
Diagnosis and Staging
The diagnosis of HR+ breast cancer begins with clinical evaluation, imaging, and biopsy. Imaging modalities such as mammography, ultrasound, and MRI help in assessing the extent of the disease. Histopathological examination and immunohistochemical staining of the biopsy sample confirm the diagnosis and hormone receptor status by identifying the presence of estrogen receptors (ER) and progesterone receptors (PR) on the tumor cells.
Staging involves determining the size of the tumor (T), the involvement of regional lymph nodes (N), and the presence of distant metastasis (M). The American Joint Committee on Cancer (AJCC) staging system is commonly used. Accurate staging is critical as it guides treatment decisions.
Treatment Options
Endocrine Therapy
Endocrine therapy is the cornerstone of treatment for HR+ breast cancer in postmenopausal women. The primary goal is to reduce the levels of estrogen or block its effects on cancer cells. Commonly used agents include:
Selective Estrogen Receptor Modulators (SERMs): Tamoxifen is a SERM that binds to estrogen receptors, blocking estrogen from stimulating breast cancer cells. It is effective but may have side effects such as increased risk of endometrial cancer and thromboembolic events.
Aromatase Inhibitors (AIs): These drugs, including anastrozole, letrozole, and exemestane, lower estrogen levels by inhibiting the aromatase enzyme, which converts androgens to estrogen in peripheral tissues. AIs are generally preferred in postmenopausal women due to their efficacy and safety profile compared to tamoxifen.
Selective Estrogen Receptor Downregulators (SERDs): Fulvestrant is a SERD that degrades estrogen receptors and is used in cases where resistance to other endocrine therapies develops.
Combination Therapies
Combining endocrine therapy with other treatments enhances efficacy. Examples include:
Endocrine Therapy with CDK4/6 Inhibitors: Palbociclib, ribociclib, and abemaciclib are CDK4/6 inhibitors that, when combined with endocrine therapy, significantly improve progression-free survival in advanced HR+ breast cancer.
Endocrine Therapy with mTOR Inhibitors: Everolimus, an mTOR inhibitor, can be added to endocrine therapy for patients who have developed resistance to aromatase inhibitors.
Chemotherapy
Chemotherapy is generally reserved for patients with high-risk features, such as large tumor size, high-grade histology, or extensive lymph node involvement. Regimens often include anthracyclines and taxanes.
Osvaldo Bernardo Muchanga-GASTROINTESTINAL INFECTIONS AND GASTRITIS-2024.pdfOsvaldo Bernardo Muchanga
GASTROINTESTINAL INFECTIONS AND GASTRITIS
Osvaldo Bernardo Muchanga
Gastrointestinal Infections
GASTROINTESTINAL INFECTIONS result from the ingestion of pathogens that cause infections at the level of this tract, generally being transmitted by food, water and hands contaminated by microorganisms such as E. coli, Salmonella, Shigella, Vibrio cholerae, Campylobacter, Staphylococcus, Rotavirus among others that are generally contained in feces, thus configuring a FECAL-ORAL type of transmission.
Among the factors that lead to the occurrence of gastrointestinal infections are the hygienic and sanitary deficiencies that characterize our markets and other places where raw or cooked food is sold, poor environmental sanitation in communities, deficiencies in water treatment (or in the process of its plumbing), risky hygienic-sanitary habits (not washing hands after major and/or minor needs), among others.
These are generally consequences (signs and symptoms) resulting from gastrointestinal infections: diarrhea, vomiting, fever and malaise, among others.
The treatment consists of replacing lost liquids and electrolytes (drinking drinking water and other recommended liquids, including consumption of juicy fruits such as papayas, apples, pears, among others that contain water in their composition).
To prevent this, it is necessary to promote health education, improve the hygienic-sanitary conditions of markets and communities in general as a way of promoting, preserving and prolonging PUBLIC HEALTH.
Gastritis and Gastric Health
Gastric Health is one of the most relevant concerns in human health, with gastrointestinal infections being among the main illnesses that affect humans.
Among gastric problems, we have GASTRITIS AND GASTRIC ULCERS as the main public health problems. Gastritis and gastric ulcers normally result from inflammation and corrosion of the walls of the stomach (gastric mucosa) and are generally associated (caused) by the bacterium Helicobacter pylor, which, according to the literature, this bacterium settles on these walls (of the stomach) and starts to release urease that ends up altering the normal pH of the stomach (acid), which leads to inflammation and corrosion of the mucous membranes and consequent gastritis or ulcers, respectively.
In addition to bacterial infections, gastritis and gastric ulcers are associated with several factors, with emphasis on prolonged fasting, chemical substances including drugs, alcohol, foods with strong seasonings including chilli, which ends up causing inflammation of the stomach walls and/or corrosion. of the same, resulting in the appearance of wounds and consequent gastritis or ulcers, respectively.
Among patients with gastritis and/or ulcers, one of the dilemmas is associated with the foods to consume in order to minimize the sensation of pain and discomfort.
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1. INTELLECTUALPROPERTY RIGHTS
& PATENT FILING SYSTEMS IN
PHARMACEUTICAL INDUSTRY WITH SPECIAL
REFERENCE TO MALAYSIA
DR.M.V.NAGABHUSHANAM, M.Pharm., Ph.D., M.B.A.
PROFESSOR & HEAD OF THE DEAPRTMENT
DEPARTMENT OF PHARMACEUTICAL REGULATORY AFFAIRS
HINDU COLLEGE OF PHARMACY, GUNTUR- 522 002
ANDHRA PRADESH, INDIA. E Mail: beena.maddi@gmail.com
2.
3.
4.
5. INTELLECTUAL PROPERTY RIGHTS (IPR)
• Intellectual property rights (IPR) can be defined as
the rights given to people over the creation of
their minds. They usually give the creator an
exclusive right over the use of his/her creations for
a certain period of time.
PHARMACEUTICAL REGULATORY AFFAIRS
8. Intellectual Property Rights
Why an individual should know about IPR?
Intellectual Property is crucial for creating a
unique identity for the business. It helps to
differentiate the goods and services of one
company from the other in the market and to
easily promote them to the target customers.
PHARMACEUTICAL REGULATORY AFFAIRS
9. Intellectual property rights are the rights given to
persons over the creations of their minds. They
usually give the creator an exclusive right over the use
of his/her creation for a certain period of time.
PHARMACEUTICAL REGULATORY AFFAIRS
10. Intellectual Property rights
• Intellectual Property rights may be protected at
law in the same way as any other form of property.
Intellectual property laws vary from jurisdiction to
jurisdiction.
PHARMACEUTICAL REGULATORY AFFAIRS
11. What is Intellectual Property?
• Intellectual property is an intangible creation of the
human mind, usually expressed or translated into a
tangible form that is assigned certain rights of property.
Examples of intellectual property include an author's
copyright on a book or article, a distinctive logo design
representing a soft drink company and its products,
unique design elements of a web site, or a patent on
the process to manufacture chewing gum.
PHARMACEUTICAL REGULATORY AFFAIRS
12. The different types of Intellectual Property Rights are:
• i. Patents
• ii. Copyrights
• iii. Trademarks
• iv. Industrial designs
• v.Protection of Integrated Circuits layout design
• vi. Geographical indications of goods
• vii. Biological diversity
• viii. Plant varieties and farmers rights
• ix. Undisclosed information
13. COPYRIGHT
• 1. Writings
• 2. Paintings
• 3. Musical works
• 4. Dramatics works
• 5. Audiovisual works
• 6. Sound recordings
• 7. Photographic works
• 8. Broadcast
• 9. Sculpture
• 10. Drawings
• 11. Architectural works etc.
24. The National Pharmaceutical Regulatory Agency (NPRA),
formerly known as the National Pharmaceutical Control
Bureau (NPCB), was set up in October 1978 under the
quality control activity of Pharmacy and Supply
Programme. This institution was established to implement
quality control on pharmaceutical products.
The infrastructure and facilities were designed to meet the
requirements for testing and quality control activities. In
1996, NPRA was given an international recognition by the
World Health Organisation (WHO) as a "WHO
Collaborating Centre for Regulatory Control of
Pharmaceuticals". This recognition is an acknowledgement
from WHO for NPRA's contribution in the field of
regulatory affairs.
PHARMACEUTICAL REGULATORY AFFAIRS
39. VISION MISSION OBJECTIVE
To be an
internationally
renowned
regulatory authority
for medicinal
products and
cosmetics.
To safeguard the
nation’s health
through scientific
excellence in the
regulatory control of
medicinal products
and cosmetics.
To ensure that
therapeutic
substances
approved for the
local market are
safe, effective and of
quality and also to
ensure that cosmetic
products approved
are safe and of
quality.
41. Global Intellectual Property Trends
• With over 3 million applications filed per year,
trademark protection is the most sought after
form of IP worldwide
PHARMACEUTICAL REGULATORY AFFAIRS
42. Intellectual Property Trends
• Out of 34,287 patent applications that were
filed, 6069 examined and 6168 patents granted.
PHARMACEUTICAL REGULATORY AFFAIRS
44. COPYRIGHT
Copyright is a protection given to authors,
copyright owner and performer of their
copyright work and performances as prescribe
under the Copyright Act 1987.
PHARMACEUTICAL REGULATORY AFFAIRS
45. COPYRIGHT
DEFINITION OF COPYRIGHT
Copyright is the exclusive right to control creative works created by the
author, copyright owner and performer for a specific period governed
under the Copyright Act 1987.
WORKS ELIGIBLE FOR COPYRIGHT
literary works;
musical works;
artistic works;
films;
sound recordings;
broadcasts; and
derivative works
PHARMACEUTICAL REGULATORY AFFAIRS
46. COPYRIGHT
DURATION OF COPYRIGHT
Literary, Musical or Artistic Works
Generally, this categories of copyright work reflects to the human
beings which shall subsist during the life of the author plus 50 years
after his death.
Film, Sound Recordings and Performer
This categories of copyright work shall subsist for 50 years from the
work was published, fixed in a fixation for the film and sound recording.
For performer, the copyright work shall subsist from the performances
was perform or fixation in a sound recording.
Broadcasts
For the copyright in broadcasts, it protection occurred in way of
transmission either by wire or wireless means, the period for fifty years
shall be computed from the which the broadcasts was first made.
47. COPYRIGHT
THE RIGHTS OF COPYRIGHT OWNERS
Legal Rights
Author, copyright owner and performer is given an
exclusive right to control under the copyright law.
Legal rights that are given to them includes the rights
to enforce their copyrighted works in cases for
infringement either by civil or criminal action. In
term of criminal prosecution, it is conducted by the
Enforcement Division of Ministry of Domestic Trade,
Cooperative and Consumerism (MTDCC) or Royal
Malaysian Police.
48. COPYRIGHT
Economic Rights
Economic rights that are given to rightholders includes rights of
reproduction, rights of communication to public, rights to perform,
showing or playing to the public, rights of distribution and rights of
commercial rental. This rights can be exercised during the period of
protection governed under Copyright Act 1987. Economic rights allows
the owner of rights to derive financial reward from the use of his works
by the user or commercial purposes. Form of economic rights can be by
way of assignment, licensing and testamentary disposition.
Moral Rights
PHARMACEUTICAL REGULATORY AFFAIRS
49. COPYRIGHT
Paternity Rights
This rights allows the author to claim the originality rights of his or
her creation.
Integrity Rights
This right authorizes the author to prevent any users from
distortion, mutilation or other modifications of his or her works
whereby the result of the modification will significantly alter the
original work and adversely affect the author’s honor or reputation.
PHARMACEUTICAL REGULATORY AFFAIRS
50. COPYRIGHT
COPYRIGHT INFRINGEMENTS
Whoever use any copyrighted works without consent or authorization
from the author, copyright owner and performer, it may constitute an
infringement under Copyright Act 1987. Amongst the act of
infringement includes:
reproduces in any material form, performs, shows or plays or
distributes to the public,
imports any article into Malaysia for the purpose of trade or financial
gains;
PHARMACEUTICAL REGULATORY AFFAIRS
51. COPYRIGHT
makes for sale or rent any infringing copy;
sells, rent or by way of trade, exposes or offers for sale or rent any
infringing copy;
distributes infringing copies;
possesses, otherwise than for his private and domestic use, any
infringing copy;
exhibits in public any infringing copy by way of trade;
makes or has in his possession any contrivance used or intended to be
used for the purpose of making infringing copies
PHARMACEUTICAL REGULATORY AFFAIRS
54. DEFINITION OF TRADE MARK
Trademark means any sign capable of being
represented graphically which is capable of
distinguishing goods or services of one undertaking
from those of other undertakings.
Sign – any letter, word, name, signature,
numeral, device, brand, heading, label, ticket, shape
of goods or their
packaging, color, sound, scent, hologram, positioning,
sequence of motion or any combination thereof.
55. TRADE MARK
Collective Mark – A collective mark shall be a sign
distinguishing the goods or services of members of the
association which is the proprietor of the collective mark from
those of other undertakings.
Certification Mark – A certification mark shall be a sign
indicating that the goods or services in connection with which
it shall be used are certified by the proprietor of the mark in
respect of origin, material, mode of manufacture of goods or
performance of services, quality, accuracy or other
characteristics.
56. NON-REGISTRABLE TRADE MARK
Prohibited Marks
If the use of which is likely to confuse or deceive the public or
contrary to law.
Scandalous or Offensive Matter
If it contains or comprises any scandalous or offensive matter or
would not otherwise be entitled to protection in any court of law.
Prejudicial to the Interest or Security of the Nation
Registrar bears the responsibility of determining the trade
mark, whether it might be prejudicial to the interest or security of
the nation. It may be that a mark contains an inflammatory
statement or words.
57. FUNCTIONS OF TRADE MARK
Origin – A trade mark helps to identify the source and those
linked for the products and services trade in the market.
Choice – A trade mark assists consumers to choose goods and
services with ease.
Quality – Consumers define a certain trade mark for its
known quality.
Marketing – Trade mark play a significant role in promoting.
It’s common for consumers to make purchases based on
continuous effect of advertising.
Economic – Recognized trade mark is a valuable asset. Trade
marks may be licensed or franchised.
58. IMPORTANCE OF TRADE MARK REGISTRATION
Intellectual Proprietary privileges in relation to a trade mark may be established
through actual use in the marketplace and registration provides for:
Exclusive Rights – Registered trade marks owners have exclusive right to use their
marks in trading. They also have the rights to take legal action for infringement
under the Trade Mark Law against others who use their marks without consent. They
can either take civil action or lodge complaints to Enforcement Division for
appropriate actions under the Trade Description Act 1972.
Legal Evidence – Registration certificate issued by Registrar Office is a prima facie
evidence of trade mark ownership. A certificate of registration serves as an
important document to establish the ownership of goods exported to other
countries.
59. What is a Trademark?
Trademark means any sign capable of being represented
graphically which is capable of distinguishing goods or
services of one undertaking from those of other
undertakings.
Sign includes any letter, word, name, signature, numeral
, device, brand, heading, label, ticket, shape of goods or
their packaging, colour, sound, scent, hologram,
positioning, sequence
of motion or any combination thereof.
A Trademark is used as a marketing tool to enable
customers to choose a product or services in the market
place.
60. DURATION OF REGISTRATION
Trade mark registration is valid for ten years
from the date of application and may be
renewed every ten years.
61. INDUSTRIAL DESIGN
An industrial design is the ornamental or aesthetic aspect of
an article. The design may consist of three-dimensional
features such as the shape and configuration of an article, or
two-dimensional features, such as pattern and
ornamentation. The design features must be applied to an
article by any industrial process or means of which the
features in the finished article appeal to eye
62. INDUSTRIAL DESIGN
REGISTRABLE INDUSTRIAL DESIGN
Fulfill the interpretation of Industrial design
New in Malaysia or elsewhere
Not contrary to public order or morality
NON-REGISTRABLE INDUSTRIAL DESIGN
A method or principle of construction
The designs of articles depend upon the appearance of another
article which forms an integral part of the article
It differs only in immaterial details or features
The features of the article are dictated solely by function
63. INDUSTRIAL DESIGN
IMPORTANCE OF INDUSTRIAL DESIGN REGISTRATION
Owner of a registered design has the exclusive right to make, import,
sell or hire out any article to which the design has been applied.
PERIOD OF REGISTRATION
A registered industrial design is given an initial protection period of 5
years from the date of filing.
Extendable for a further four consecutive terms. The maximum
protection period is 25 years.
WHO MAY APPLY?
Author, Company, Individual
64. GEOGRAPHICAL INDICATIONS
A geographical indication (GI) is a sign
used on products that have a specific
geographical origin and possess qualities
or a reputation that are due to that origin.
65. PROTECTION OF GEOGRAPHICAL INDICATIONS
Regardless whether or not the geographical indication is
registered as against another geographical indication which,
although literally true as to the country, territory, region or
locality in which the goods originate, falsely represents to
the public that the goods originate in another country,
territory, region or locality.
66. GEOGRAPHICAL INDICATIONS
EXCLUSION FROM PROTECTION OF GEOGRAPHICAL INDICATIONS
Geographical indications which are contrary to public order or morality
or territory of origin; or
Geographical indications which are not or have ceased to be protected
in their country.
Geographical indications which have fallen into disuse in their country
or territory of origin.
RIGHTS OF USE
Only producers carrying on their activity in the geographical area
specified in the Register shall have the right to use a registered
geographical indication in the course of trade.
The right of use be in respect of the products specified in the Register in
a accordance to the qualify, reputation or characteristic specified in the
Register.
67. GEOGRAPHICAL INDICATIONS
PERIOD OF PROTECTION
A registered geographical indication is given ten years of
protection from the date of filling and is renewable for every
ten years.
WHO MAY APPLY?
a person who is carrying on an activity as a producer in the
geographical area specified in the application with respect
to the goods specified in the application, and includes with
respect to the such person a competent authority; or
a trade organization or association.
68. PATENT/UTILITY INNOVATION
A patent is an exclusive right granted for an invention, which
is a product or a process that provides, in general, a new
way of doing something, or offers a new technical solution
to a problem.
A utility innovation is an exclusive right granted for a
"minor" invention which does not require to satisfy the test
of inventiveness as required of a patent.
69. UNDERSTANDING A PATENT
DEFINITION OF PATENT
A patent is an exclusive right granted for an
invention, which is a product or a process that
provides a new way of doing something, or offers a
new technical solution to a problem.
70. PATENTABLE INVENTIONS
New, which means that the invention has not been
publicly disclosed in any form, anywhere in the
world;
Involve an inventive step, that is to say the invention
must not be obvious to someone with knowledge
and experience in the technological field of the
invention; and
Industrially applicable, meaning it can be mass
produced.
71. NON-PATENTABLE INVENTIONS
Discoveries, scientific theories and mathematical methods;
Plant or animal varieties or essentially biological processes for the
production of plants or animals, other than man-made living micro-
organisms, micro-biological processes and the products of such micro-
organism processes;
Schemes, rules or methods for doing business, performing purely
mental acts or playing games;
Methods for the treatment of human or animal body by surgery or
therapy, and diagnostic methods practiced on the human or animal
body.
72. DEFINITION OF UTILITY INNOVATION
A utility innovation is an exclusive right
granted for a “minor” invention which does
not require to satisfy the test of inventiveness
as required of a patent.
73. IMPORTANCE OF PATENT REGISTRATION
* To exploit the patented invention
* To assign or transmit the patent
* To conclude license contracts
74. DURATION OF PATENT
A patent is protected 20 years from the date of filing.
DURATION OF UTILITY INNOVATION
A utility innovation is protected 10 + 5 + 5 years from the date of filing
subject to use.
WHO MAY APPLY?
Any person may make an application for a patent or for a utility
innovation either alone or jointly with another person. The word
“person” is not limited to natural persons and thus also includes, for
example, a company.
75. APPLYING FOR PATENT/UTILITY INNOVATION
ONLINE FILING OF PATENTS:
IP Online Portal provides filing of new Patent application, which
consists of Patent Form 1 to Patent Form 21. Other supporting
documents and forms can be uploaded during the filing process.
Preparation before getting started:
Prepare all documents in digital format, e.g. Priority Data, Form 17,
Form 5 or Form 5A etc.
76. Description and Claims are compulsory documents. They must be
uploaded during the filing.
Separate the specifications into separate files: Claims, Abstract,
Description, Drawings.
Please ensure that your attachments are in these formats: DOC,
PDF and TIF.
If you are an agent, please prepare your Form 17 to be uploaded to IP
Online Portal.
Get your own Digital ID from this link.
Install your digital ID into your PC or save it to your secondary storage
device e.g. thumb drive.
Digital ID must be attached to your application.
Proceed with the payment. Check the fees in Pricing Scheme table.
Print a copy of Patent Form 1 form before you make the payment.
Print your Confirmation page upon successful filing.
77. Filing of An International Application (PCT) :-
Intellectual Property Corporation of Malaysia (MyIPO) As Receiving Office
1. Can I file an international application in Malaysia ?
Yes, any Malaysian national or resident can file an international application in Malaysia at the Intellectual Property
Corporation of Malaysia (MyIPO) as a receiving office.
2. What are the contents of the international application ?
An international application shall contain:
i. a request (Form PCT/RO/101)
ii. a description
iii. one or more claims,
iv. one or more drawings (if any)
v. and an abstract
3. What are the requirements to obtain an international filing date ?
The requirements to obtain an international filing date are as following :
a. The applicant must be a national or a resident of Malaysia,
b. The language of the international application must be in English,
c. The international application must contain :
i. an indication that it is intended as an international application,
ii. a request which has the effect of making all possible designation,
iii. the name of the applicant,
iv. a description of the invention,
v. a claim or claims
78. 4. What are the payable fees ?
The following fees are payable for an international application filed at MyIPO:
Transmittal Fee (MyIPO)
International Filing Fee (International Bureau)
Search Fee (International Searching Authority)
5. Which International Searching Authorities can be specified/chosen by the applicant to
conduct the international search for international application?
a Korean Intellectual Property Office
b. Australian Patent Office
c European Patent Office
d Japan Patent Office
6. Besides MyIPO, is there any other office where a Malaysian national or resident can file
his international application?
A Malaysian national or resident can file his international application with the International
Bureau of WIPO which acts as a receiving office for nationals and residents of all PCT
Contracting States.
7. How can I file my international application (PCT) ?
PCT application can be filed directly to MyIPO HQ and branche offices
Via postal delivery POS LAJU, DHL, FEDERAL EXPRESS, UPS
ePCT-Filing https://pct.wipo.int/LoginForms/epct.jsp
8.
79. Can I get reduction of fees if I file through PCT?
Yes. A Malaysian individual is entitled for 90% reduction of International
Filing Fee.
9. How about reduction of online filing fees?
An applicant will enjoy a reduction on Transmittal fee and International
Filing fee if he files through ePCT. Please refer to the PCT Fee Table on
MyIPO website.
10. If I file an International Application via ePCT can I make payment
via account transfer?
This service is not available for yhe time being. Applicant needs to make
payment over the counter at MyIPO HQ or branch offices (Cash, Cheque
or Credit Card ONLY)
Announcement 2018
Request Form
80. PATENT RENEWAL
Annual fee for patent E-Filing Fee (RM) Manual Fee (RM)
a) for second year after grant of patent
260.00 290.00
b) for third year after grant of patent 330.00 360.00
c) for fourth year after grant of patent 390.00 420.00
d) for fifth year after grant of patent 460.00 490.00
e) form sixth year after grant of patent 520.00 560.00
f) for seventh year after grant of patent 600.00 640.00
g) for eighth year after grant of patent 650.00 690.00
81. PATENT RENEWAL
Annual fee for patent E-Filing Fee (RM) Manual Fee
(RM)
h) for ninth year after grant of patent 720.00 760.00
i) for tenth year after grant of patent 780.00 820.00
j) for eleventh year after grant of patent 850.00 890.00
k)for twelfth year after grant of patent 900.00 940.00
l) for thirteenth year after grant of patent 1050.00 1100.00
m) for fourteenth year after grant of patent 1200.00 1250.00
82. PATENT RENEWAL
Annual fee for patent E-Filing Fee (RM) Manual Fee
(RM)
n) for fifteenth year after grant of patent 1300.00 1350.00
o) for sixteenth year after grant of patent 1600.00 1660.00
p) for seventeenth year after grant of patent 1850.00 1900.00
q) for eighteenth year after grant of patent 2100.00 2200.00
r) for nineteenth year after grant of patent 2400.00 2500.00
s) for twentieth year grant of patent 2600.00 2700.00
83.
84.
85.
86.
87.
88.
89.
90. Origin Function – A trademark indicates the source of goods or
services in the market place.
Choice Function – A trademark facilitates consumers in making choices
of goods or services.
Quality Function – Consumers have preference to choose a particular
trademark for its known quality.
Marketing Function – Trademark act as an effective medium of
advertising for producer in marketing their goods or services.
Economic Function – A trademark which is well known with a quality
or reputation may be licensed or assigned as an economic asset.
WHAT ARE THE FUNCTIONS OF TRADEMARKS?
91. CROCIN
Crocin sells more than 2.50 million pills each day.
That's nearly 30 every second, around-the clock
Internationally Crocin goes by the name Panadol.
Crocin is a more than 40-year-old pain reliever
brand. It was born out of the merger of
GlaxoWellcome and SmithKline Beecham in
December 2000. Crocin – also marketed as Panadol in
more than 80 countries – is the leading
paracetamol brand in India. Over the years GSK has
grown the brand laterally adding a number of
variants
92. •
• Voveran, Novartis India’s flagship pain killer
medicine, is the second leading brand with
sales of $31.63 million (Rs 148.7 crore) with
growth rate of 4 percent.
93. • A human insulin product from Novo Nordisk—
Human Mixtard 30/70 which stands fourth in the
top 10 brands of India has registered a growth of
just three percent, according to ORG-IMS
Research.
PHARMA MANAGEMENT & REGULATORY AFFAIRS
94. • Franco- Indian Pharma’s anaemia drug Dexorange,
Pfizer’s cough and cold syrup Corex have registered
a doubledigit growth.
97. CONCLUSIONS
Intellectual Property Rights (IPRs) have assumed central importance
throughout the world in the recent past. Intellectual property is the
creative work of the human mind.
The main motivation for its protection is to encourage creative
activities. The contribution of intellectual property to industrial and
economic development of a country cannot be exaggerated.
The prosperity achieved by developed nations is the result of
exploitation of their intellectual property.
The protection of intellectual property is also responsible for the
transfer of technology from developed countries to the developing
countries.
98. CONCLUSIONS
Since the role of intellectual property is sine qua non in the industrial
and economic development of a country, it becomes therefore
inevitable to protect it. Yet, at the same time, this branch of law is
necessitated and aims to promote and protect the interest of an
individual to secure a fair value for his intellectual effort or investment
or capital or labour.
However, the recent provisions in TRIPs and the subsequent
judgments by the various courts have expanded the scope of
patentability beyond human imagination and have brought all living
organisms like plants, animals including human beings under the ambit
of Intellectual Property Rights