IPR Indian Patent Act

1. A Seminar on….
INTRODUCTION TO INTELLECTUAL
PROPERTY RIGHTS
Underthe guidance
of
Prof. Laware R.B
PG Co-ordinator
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Presented By
Miss. Mhaske Nisha
Sanjay
M.Pharm(Q.A.T)2nd
sem.
Roll No.07Pravara Rural College Of Pharmacy, Pravaranagar.
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2. CONTENTS
Introduction to IPR
Divisions of IPR
Patent, Patent act,1970
Trademark
Copyrights
Geographical Indication
Industrial Design
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3. What is Intellectual Property?
Definition by WIPO
Intellectual property (IP) refers to creations of the mind:
inventions, literary and artistic works, and symbols, names,
images, and designs used in commerce.
IP means the property which is created with intellect, and the
legal rights conferred on such property are called as
“Intellectual Property Rights”(IPR).
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Think AwayThink Away
From The BoxFrom The Box

4. Creativity (Creation Of The Mind)
Creativity is the ability to
– Think / come up with new idea
– Design new “inventions”
– Produce “works of art”
– Solve problems in new ways, or develop a new idea
based on an “original” knowledge.
– Novel or unconventional approach.
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Generate Ideas…..Generate Ideas…..
And Own Them…..IPRAnd Own Them…..IPR !!

5. 5
 Industrial Property
• Patents
• Trade marks
• Geographical Indications
• Industrial designs
 Copyright & related rights
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6. IP Portfolio
6
Patent US7395821
Trademark
Multi-Haler™
Design
No. 211208
Trade Secret
Know-how
Copyright
Novel &
Inventive
External
Appearance
Confidential Informn
&
Undisclosed Tech
Package Insert/
Information Leaflet
Brand Name
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7. TRIPS & WIPO
The TRIPS (Trade Related Aspects of Intellectual Property Rights)
Agreement came into being with the establishment of the WTO (World
Trade Organization) effective from 1st
January, 1995.
WIPO
•UN organization dedicated to promoting the use and protection of works of
the human spirit.
•Headquarters in Geneva, Switzerland.
•185 nations as member states.
•Manages all IPs.
•Training through Academy and Seminars.
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8. What is a Patent ?
 A patent is a protection given to a patentee for an invention
for a limited term by the government for disclosing the
invention.
 Patent is a monopoly right granted by the Central
Government to the applicant (subjected to certain
conditions) for a limited period (20 years) in lieu of full
disclosure of invention.
 Right to exclude others from using your invention.
 Owner has a qualified right to use the invention.
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9. Three Statutory Pillars of
PATENTABILITY
1. Novelty (new)
2. Inventive Step (non-obvious)
3. Industrial Applicability (utility)
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10. Conditions of Patentability
• Novelty: Invention not known to public prior to claim by
inventor
• Inventive Step: Invention would not be obvious to a person
with ordinary skill in the art
• Industrial Application: Invention can be made or used in any
useful, practical activity as distinct from purely intellectual or
aesthetic one.
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11. Grant of Patent
• Patents are granted by national patent offices after publication
and substantial examination of the applications
• In India provisions exist for pre-grant and post grant
opposition by others
• They are valid within the territorial limits of the country
• Foreigners can also apply for patents
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12. What is not Patentable
(a) Frivolous, Contrary To Natural Laws
e.g. Machine giving more than 100% performance,
Perpetual motion machine,
Newton’s laws of gravitation.
(b) Contrary To Public Order Or Morality, Prejudice To Human, Animal Or
Plant Life Or Health Or To The Environment;
e.g. device for house-breaking,
Biological warfare material or device.
(c) Mere Discovery Of Scientific Principle, Abstract Theory, Living
Thing Or Non-living Substances
(d) Mere Discovery Of New Form, New Property, New Use Of
A Known Process, Machine Or Apparatus.
Patents Act, 1970
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13. (e) Mere Admixture (SYNERGY)
(f) Mere Arrangement, Re-arrangement, Duplication of known devices.
e.g. A Bucket fitted with torch,
An Umbrella with fan,
A Clock and radio in a single cabinet,
A flour-mill provided with sieving.
(g) Method Of Agriculture Or Horticulture;
e.g. Cultivation of algae ,
Producing new form of a known plant,
Preparation of an improved soil
(h) Plants, Animals, Including Seeds Varieties, Species, Biological
Processes. Exception: Microorganisms
Cont…
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14. (k) Mathematical Or Business Method Or A Computer Program Per
Algorithms;
(l) Literary, Dramatic, Musical Or Artistic Work, Other Aesthetic Work
e.g. Method for solving a crossword puzzle,
Method of learning a language,
Method of teaching /learning
(m) Mere Scheme, Rule, Method Of Performing Mental Act, Playing
Game;
(n) A Presentation Of Information;
(o) Topography Of Integrated Circuits;
(p) Traditional Knowledge
Cont…
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15. Trademarks
 Word Mark
 Device Marks(Signs, Symbols, Logos)
 Collective Marks
 Certification Marks
 Service Marks
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16. • Trade Mark can be -
o sign , words, letters, numbers,
o drawings, pictures, emblem,
o colours or combination of colours,
o shape of goods,
o graphic representation or packaging or
o any combination of the above
• Registration of Trade Mark
• Trade Marks are registered by national trade mark registries
and are valid in that country
• Registration is made after examination and publication
• Period of registration is for 10 years but can be renewed
indefinitely
Trademarks
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17. 17
Trade marks
Name
Logotype
Symbol
Slogan
Shape
Color
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18. Copyrights & Related Rights
Copyright is a legal term describing rights
given to creators for their literary and
artistic works.
Copyright - Extension
IT Revolution !
Recordings
Broadcastings
Audio visual works
Computer programs
Digital databases
Internet/web
Cable and Satellite T.V.
•Indian Copyright Amendment Bill
•Passed by Rajya Sabha on 17th
May, 2012
•Passed by Lok Sabha on 22nd
May, 2012
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19. IPR And Copyright
 Avoid verbatim reproduction (Plagiarism) - Likely to cause
Copyright violations.
 Always acknowledge / obtain prior permission.
 Abstract / Summary may be written in one’s own language /
quote the source.
“Copyright” / “All rights reserved”
“Do not use, reprint, reproduce or distribute without prior permission”
Quoting Medical References from Journals and Books
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Therapeutic Goods Legislation Amendment (Copyright), 2011
Australia
To block frivolous Copyright infringement suits in
Pharma / Medicine product inserts.

20. G.I.
(Geographical Indications)
Name or sign used on goods
originating from specific geographical
origin or location and possess
qualities, reputation or characteristics
that are essentially attributable to that
place of origin.
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21. Geographical Indication
India, as a member of the World Trade Organization (WTO),
enacted the Geographical Indications of Goods (Registration &
Protection) Act, 1999
 Geographical Indications of Goods
(Registration & Protection) Act, 1999
 Geographical Indications of Goods
(Registration & Protection) Rules, 2002
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22. Industrial Designs
 Ornamental or Aesthetic aspect of an article.
 3-D or 2-D features such as shape or surface, patterns, lines or color.
 Industrial designs are applied to products of industry and handicraft, technical
and medical instruments, watches, jewelry, house wares, electrical appliances,
luxury items, vehicles, architectural structures, textile designs.
 Does not protect any technical features of the article to which it is applied to.
 Indian Designs Act, 2000 & Rule, 2001 (amended upto 2008).
 To promote and protect the design element of industrial production.
 Aimed to enact a detailed classification of design to conform to the
international system and To take care of the proliferation of design related
activities in various fields.
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23. References
• Forensic Pharmacy, by Sachin C.Itkar, B.S.Kuchekar, 9th
edition-Jan 2012, Nirali Prakashan, Page no.16.1-16.20
• Forensic Pharmacy, by C.K.Kokate, S.B.Gokhale, 2nd
Reprint,2009 Pharmamed Press, Page no.176-185.
• “One Should Know Everything About Patent”
• Indian Patent Act
• “Intellectual Property Policies For the Twenty-First Century:
The Japanese Experience in Wealth Creation”, Arai,
Hisamitsu, WIPO Publication Number 834(E).2000.
• “Intellectual Ownership” Connell, Shaun, October 2007.
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24. • “Gowers Review of Intellectual Property”, gowers, Andrew, Her
Majesty‘s Treasury, November 2006. ISBN 978011840839.
• “Intellectual Property Rights and Economic Development”
Maskus, Keith E. Case Western Reserve Journal of International
Law, Vol.32,471.
• “The Economics of Intellectual Property protection in The
Global Economy” Lai, Edwin, Princeton University.April 2001.
• Forensic Pharmacy, B.S.Kuchekar, A.M.Khadatare, 2nd
edition-
Aug.2000.
• “Against Intellectual Property” Kinsella, Stephan, Journal of
Libertarian Studies 15.2(Spring 2001):1-53.
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