The document discusses intellectual property rights (IPR) and provides information on various types of IPR including patents, trademarks, copyright, and industrial designs. It explains that IPR allow creators to benefit from their work and provides incentives for innovation. The document also summarizes India's IPR laws and international agreements on IPR. It notes that India is signatory to several treaties and has enacted laws to be compliant with international standards on patents, copyright, trademarks and other forms of intellectual property.

1. INTELLECTUAL PROPERTY RIGHTS
(IPR)
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2. What is Intellectual Property Rights ?
 First What is Intellectual Property ?
• Intellectual property refers to creations of the mind: inventions; literary
and artistic works; and symbols, names and images used in commerce.
 Intellectual property rights are like any other property right. They allow creators, or owners,
of patents, trademarks or copyrighted works to benefit from their own work or investment in
a creation. These rights are outlined in Article 27 of the Universal Declaration of Human
Rights, which provides for the right to benefit from the protection of moral and material
interests resulting from authorship of scientific, literary or artistic productions.
 The importance of intellectual property was first recognized in the Paris Convention for the
Protection of Industrial Property (1883) and the Berne Convention for the Protection of
Literary and Artistic Works (1886). Both treaties are administered by the World Intellectual
Property Organization (WIPO).
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3.  Intellectual property (IP) is a term referring to a brand, invention, design or other kind of creation, which a
person or business has legal rights over. Almost all businesses own some form of IP, which could be a
business asset.
 Common types of IP include:
 Copyright - this protects written or published works such as books, songs, films, web content and artistic
works;
 Patents - this protects commercial inventions, e.g. a new business product or process; y Designs - this
protects designs, such as drawings or computer models.
 Trade marks - this protects signs, symbols, logos, words or sounds that distinguish your products and
services from those of your competitors.
 What is India international consideration?
o India has been a World Trade Organization (WTO) member since 1995. WTO member nations must
include some IP protection in their national laws. This means that if you are doing business with India, you
will find some similarity between local IP law and enforcement procedures, and those in force in the UK.
o India is a signatory of TRIPs in the Uruguay Round agreement of 1995.It is now bound to amend her
existing laws in order to make it to make it TRIPs-compliant.
o The government has initiated action to bring in the requisite changes. In the last few years, India has
enacted fully TRIPs-compliant Trademarks Act, Copyright Act, Designs Registration Act, Geographical
Indications Act and Protection of Layouts for Integrated Circuits Act. A novel Plant Varieties Protection and
Farmers Rights Act 2001 and the Bio-diversity Act 2002 are also in Place.
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4. Intellectual property rights - systems in
India.
• India has been a member of the World Trade Organization (WTO) since 1995. This requires member nations
to establish intellectual property (IP) laws whose effect is in line with minimum standards. As a result, there
should be few major differences between India’s laws and those of other developed countries.
• Copyright India is a signatory to the Berne Convention on copyright. However, it may be a good idea to
register your copyright as doing so may help to prove ownership if there are criminal proceedings against
infringers. In most cases though, registration is not necessary to maintain a copyright infringement claim in
India. Registration is made, in person or via a representative, with the Copyright Office. Internet piracy of
films, music, books and software is an issue in India.
• Patents India’s Patents Act of 1970 and 2003 Patent Rules set out the law concerning patents. As in the UK,
there is no provision for utility model patents. The regulatory authority for patents is the Patent Registrar
within the department of the Controller General of Patents, Designs and Trade Marks, which is part of
India’s Ministry of Commerce and Industry. Patents are valid for 20 years from the date of filing an
application, subject to an annual renewal fee. India’s patent law operates under the ‘first to file’ principle -
that is, if two people apply for a patent on an identical invention, the first one to file the application will be
awarded the patent.
• Designs The laws governing designs are the Designs Act 2000 and the Designs Rules 2001. Designs are valid
for a maximum of ten years, renewable for a further five years.
• Trade marks India’s trade mark laws consist of the 1999 Trade Marks Act and the Trade Marks Rules of
2002, which became effective in 2003. The regulatory authority for patents is the Controller General of
Patents, Designs and Trade Marks under the Department of Industrial Policy and Promotion.
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5. What is a Patent?
 A patent is an exclusive right granted for an invention – a product or process that provides a new way of doing something, or
that offers a new technical solution to a problem.
 A patent provides patent owners with protection for their inventions. Protection is granted for a limited period, generally 20
years.
 Types of Patents
 (i) Ordinary patent: It is granted on an ordinary application made.
 (ii) Patent for addition : It is secured for an improvement or modification to granted patent. It remains in force till the original
patent is valid.
 (iii) Patent granted under convention agreement : It is based on an application made in a Convention Country notified under
Section 133 of the Act. The convention application has to be made within 12 months from the date of the first application
 Why are patents necessary? Patents provide incentives to individuals by recognizing their creativity and offering the
possibility of material reward for their marketable inventions. These incentives encourage innovation, which in turn
enhances the quality of human life.
 What kind of protection do patents offer? Patent protection means an invention cannot be commercially made, used,
distributed or sold without the patent owner’s consent. Patent rights are usually enforced in courts that, in most systems,
hold the authority to stop patent infringement. Conversely, a court can also declare a patent invalid upon a successful
challenge by a third party
 What rights do patent owners have? A patent owner has the right to decide who may – or may not – use the patented
invention for the period during which it is protected. Patent owners may give 5 permission to, or license, other parties to use
their inventions on mutually agreed term.
 Who grants patents? Patents are granted by national patent offices or by regional offices that carry out examination work for
a group of countries – for example, the European Patent Office (EPO) and the African Intellectual Property Organization
(OAPI). Under such regional systems, an applicant requests protection for an invention in one or more countries, and each
country decides whether to offer patent protection within its borders. The WIPO-administered Patent Cooperation Treaty
(PCT) provides for the filing of a single international patent. application that has the same effect as national applicationsfiled
in the designated countries
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6.  What kinds of inventions can be protected? An invention must, in general, fulfill the following conditions
to be protected by a patent. It must be of practical use; it must show an element of “novelty”, meaning
some new characteristic that is not part of the body of existing knowledge in its particular technical field.
 That body of existing knowledge is called “prior art”. The invention must show an “inventive step” that
could not be deduced by a person with average knowledge of the technical field.
 Registering intellectual property rights in India
 To enjoy most types of intellectual property (IP) rights in India, you should register them.
 For patents, individual registrations must be made in India, but for rights other than industrial designs you
can apply under the terms of the Patent Cooperation Treaty, which is usually easier and quicker.
 For trade marks, you should register them within India.
 For copyright, no registration is required but registering copyrights with the copyright authorities is
advisable. ‘Priority rights’ under the Paris Convention can help in the local registration of trade marks,
designs and patents by allowing rights previously registered elsewhere to become effective in India, if filed
within a time limit.
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7. National patent systems
Regional patent system (EPO, EAPO, OAPI, ARIPO, GCC)
Patent Cooperation Treaty (PCT) system
Filing patent applications abroad
(Multiple) national Patent Offices
(Several) regional Patent Offices
National Offices
Regional Offices
(Single) receiving Office [National phase]
Patents
[International phase]
- File application
- International publication
- International search
- International preliminary
examination

8. 0 12
30
National phase
(months)
International phase
Priority period
Filing of a single
“international application”,
at a single “receiving Office”,
designating all PCT States
(Usually)
filing of a first
application
at a national
office
International processing,
including centralized search, examination
and publication
…subsequent
national
processing
added value,
improving and
facilitating ...
Patents granted
by “designated”
national and
regional Offices
=
18
Publication
PCT procedure overview

9. OTHER UNITS OF IPR
• What is trademark ?
 Is a distinctive sign that identifies certain goods or services produced or provided by an individual or a company. Its origin
dates back to ancient times when craftsmen reproduced their signatures, or “marks”, on their artistic works or products of a
functional or practical nature. The system helps consumers to identify and purchase a product or service based on whether
its specific characteristics and quality – as indicated by its unique trademark – meet their needs.
 What do trademarks do? Trademark protection ensures that the owners of marks have the exclusive right to use them to
identify goods or services, or to authorize others to use them in return for payment. The period of protection varies, but a
trademark can be renewed indefinitely upon payment of the corresponding fees. Trademark protection is legally enforced by
courts that, in most systems, have the authority to stop trademark infringement.
 W hat is an Industrial Design ?
 A n industrial design refers t o the ornamental or aesthetic aspects of an article . A design may consist of three - dimensional
features , such as the shape or surface of an article , or two – dimensional features , such as patterns , lines or color .
 Why protect industrial designs? Industrial designs are what make an article attractive and appealing; hence, they add to the
commercial value of a product and increase its marketability. When an industrial design is protected, the owner – the person
or entity that has registered the design – is assured an exclusive right and protection against unauthorized copying or
imitation of the design by third parties
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10. NEED OF (IPR) IN PHARMACY
• Drug research and development leads to the discovery of tomorrow’s life-changing and life-saving new
medicines. Biopharmaceutical intellectual property (IP) protections, such as patents and data protection,
provide the incentives that spur research and development .
• They help ensure that the innovative biopharmaceutical companies that have invested in life-saving
medicines have an opportunity to justify their investments.
• Intellectual property protections also help companies secure the resources for future investments in
research, giving hope to patients who await tomorrow’s innovative medicines.
• Drug companies also are helping poorer countries through a variety of innovative public-private
partnerships. These partnerships include the African Comprehensive HIV/AIDS Partnership in Botswana, in
which the government of Botswana, the Bill & Melinda Gates Foundation, and the Merck Company
support prevention programs, health-care access, and treatment of HIV/AIDS, with Merck donating two
antiretroviral drugs for treatments
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11. REFERENCES
 J Adv Pharm Technol Res. 2011 Apr-Jun; 2(2): 88–93.
http://www.ncbi.nlm.nih.gov/pmc/articles/PMC3217699/
 WHO http://www.who.int/trade/glossary/story055/en/
 http://www.phrma.org/innovation/intellectual-property
 http://iipdigital.usembassy.gov/st/english/publication/2008/04/20080429230451myleen0.4181027.html#
axzz43aOZiwJP
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12. • Thank you for your attention
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