Introduction to ipr

INTRODUCTION TO IPR
AND
PATENTS

What is Intellectual property rights?
• The term intellectual property refers broadly to the creations
of the human mind.
• Intellectual property, very broadly, means the legal rights
which result from intellectual activity in the industrial,
scientific, literary and artistic fields.
• Intellectual property rights protect the interests of creators by
giving them property rights over their creations
T.Sandhya, M.Pharm (Ph.cology)I/II

Countries have laws to protect intellectual property for two main
reasons.
To give statutory expression to the moral and economic rights
of creators in their creations and the rights of the public in
access to those creations.
The second is to promote creativity and to encourage fair
trading which would contribute to economic and social
development.
T.Sandhya, M.Pharm(ph.cology)I/II

Intellectual property is traditionally divided into two categories:
Industrial property, which includes inventions (patents),
trademarks, industrial designs, and geographic indications of
source and
Copyright, which includes literary and artistic works such as
novels, poems, plays, films and musical works etc.

The World Intellectual Property Organization (WIPO),
concluded in Stockholm on July 14, 1967 provides that
“intellectual property shall include rights relating to:
 Literary, artistic and scientific works,
 Performances of performing artists, phonograms and
broadcasts,
 Inventions in all fields of human endeavor,
 Scientific discoveries,
 Industrial designs,
 Trademarks, service marks and commercial names and
designations,
 Protection against unfair competition.

According to the TRIPS Agreement, the Intellectual property
has been classified into:
 Patents,
 Industrial Designs,
 Trade Marks,
 Copyright,
 Geographical Indications,
 Layout Designs of Integrated Circuits,
 Trade Secrets

TYPE TERM REGISTRATION
Patent 20 years compulsory
Copyright Life & 60 years optional
Trademark 10 years + renewable optional
Designs 10 + 5 years compulsory
Trade secrets As long as kept No registration
Integrated circuits 10 years compulsory
Geographical indications 10 years + renewal compulsory

Introduction to patents
 The word ‘Patent’ originated from the Latin word “litterae
patentes”, meaning – An Open letter
 Practically, a patent is an document, issued, upon application,
by a government office (or a regional office acting for several
countries), which describes an invention and creates a legal
situation in which the patented invention can normally only be
exploited (manufactured, used, sold, imported) with the
authorization of the owner of the patent).

Objects of patent law
 Patent encourages innovations.
 Offers protection for disclosure.
 Provides right to exploit commercially.
 Instills confidence in licensees.
 Products of wide range utility expected to emerge.
 Facilitates economic development.

Conditions of patentability:
Industrial Applicability (utility). The invention must be of
practical use, or capable of some kind of industrial application.
Novelty. It must show some new characteristic that is not
known in the body of existing knowledge (referred to as prior
art ) in its technical field.
Inventive step (non-obviousness). It must show an inventive
step that could not be deduced by a person with average
knowledge of the technical field.
Patentable subject matter. The invention must fall within the
scope of patentable subject matter as defined by national law.
This varies from one country to another.

Examples of fields of technology which may be excluded
from the scope of patentable subject matter includes the
following:
 Discoveries of materials or substances already existing in
nature;
 Scientific theories or mathematical methods;
 Plants and animals other than microorganisms, and essentially
biological processes for the production of plants and animals,
other than non-biological and microbiological processes;
 Schemes, rules or methods, such as those for doing business,
performing purely mental acts or playing games;
 Methods of treatment for humans or animals, or diagnostic
methods practiced on humans or animals (but not products for
use in such methods)

Types of patents
• Product patent: The creation of a new product is a product
invention.
Ex: 5 U.S patents for zidovudine, 2 stavudine
Pfizer company got patent on Lipiter ( Atorvastatin),
Neurontin (Gabapentin)
• Process patent: The invention of a new method or process of
making a known or new product is a process invention.
Ex: Novel process for extract of Asshwagandha

The rights conferred by a patent are not described in the patent
itself. Those rights are described in the patent law of the
country in which the patent is granted. The patent owner’s
exclusive rights generally consist of the following:
• In the case of a product patent, the right to prevent third
parties without the owner’s consent from making, using,
offering for sale, selling or importing the product;
• In the case of a process patent, the right to prevent third parties
without the owner’s consent from using the process; and to
prevent third parties from using, offering for sale, selling or
importing for these purposes the products which were obtained
directly by that process.

Neem
 There are more than 40 patents, mainly
for Neem pesticides, held by laboratories
in U.S.A. & U.K.
 A U.S. company, WW..RR.. GGrraaccee, was
granted a patent for Neem as a pesticide.
 India has granted more than 80 patents on
Neem.
 W.R.Grace’s patent was revoked as
piracy, as the oil from neem has been
used traditionally by farmers to prevent
fungus. (The Hindu, March 9, 2005)

Triomune : AIDS Drug
 CCiippllaa ,, aa MMuummbbaaii--bbaasseedd ggeenneerriicc
AAIIDDSS ddrruuggss mmaannuuffaaccttuurreerr hhaass
ppaatteenntteedd iittss tthhrreeee--iinn--oonnee
ccoommbbiinnaattiioonn aannttii--rreettrroovviirraall ((AARRVV))
ttaabblleett,, TTrriioommuunnee,, iinn SSoouutthh AAffrriiccaa..
 TThhee CCoo.. iiss aallssoo sseeeekkiinngg ppaatteennttss iinn
1177 ootthheerr ccoouunnttrriieess iinn AAffrriiccaa,, wwhhiicchh
iiss tthhee eeppiicceenntteerr ooff tthhee AAIIDDSS
ppaannddeemmiicc..
 TTrriioommuunnee ccoonnttaaiinnss aa ffiixxeedd ddoossee ooff
tthhrreeee ggeenneerriicc AAIIDDSS ddrruuggss,,
NNeevviirraappiinnee,, SSttaavvuuddiinnee &&
LLaammiivvuuddiinnee..

Cow Urine Patent
 U.S. Patent No. 6410059 on
Pharmaceutical compositions
containing Cow urine distillate
and an antibiotic as a bio-enhancer
was granted to the
CSIR.

Introduction to ipr

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