IPR as per PCI
- 1. Introduction to Intellectual Property Rights (IPR): Prepared by: Ms. Chevale S. L. Assistant professor. Dept. of Pharmaceutical Chemistry VDF School of Pharmacy Latur. Maharashtra, India.
- 2. Contents: • Introduction • Intellectual property rights • Patent • Trademark • Industrial Design • Geographical Indications • Trade Secrets • Copyrights
- 3. Introduction: 1. Intellectual property: it includes product or creation of the mind. 2. Intellectual property laws: safeguarding creators or producer of such products or services by some time limited rights (IPR). 3. IPR may be granted by state to encourage innovation, invention & investment. Types of IPR 1. Industrial property 2. Copyrights
- 4. 1. Industrial property: Intellectual property which has direct relation to industries is industrial property. Examples includes: Industrial Property Inventions Patent Trademark Industrial Design Geographical Indications
- 5. Copyright & Related Rights: • No direct relation to industries. • But used in several industries like printing, film, software. • It includes artistic work as writing, musical, audiovisual, dramatic, printing, drawing, photography, architecture etc. • IPR is an offspring of 19th century industrial revolution, grown to maturity in 20th century technology revolution & in 21th century knowledge revolution • Developed countries: granted & respected IPR • Developing countries: respecting & implementing IPR after WTO & TRIPs 2.Copyright&Related Rights:
- 6. Acts Governing IPR1 Patents Act Trademarks & service marks. 3 Copyrights (computer programme rights) Geographical Indications 5 Industrial Designs Semiconductor & Layout Designs 7 Plant Variety rights Biodiversity
- 7. Types of IPR Subject Matter Main Field Patents New, non oblivious, industrial applicable. Chemicals, drugs, plastics, engines, turbines, electronics, industrial & scientific equipment. Trademarks Sings/symbol to identify goods & services All industries. Copyrights Original work of authorship Printing, entertainment, software, broadcasting etc. Geographical Geographical origin of products Wine, spirits, cheese & other food products. Industrial Designs Ornamental designs clothing, automobiles, electronics etc. Trade secrets Secrete business information All industries. Plant layout Original layouts designs Micro-electronic industry.
- 8. I. Patent: It is monopoly right granted by central govt. to the applicant for a period of 20 years in instead of full disclosure of invention. A patent is an exclusive right granted to owner for an invention It is written document provides protection to inventor. Patent is personal property can be licensed or sold as other property. After expiry of patent it falls in public domain
- 9. Why One Should Go For Getting Patent: Provides necessary legal protection & Commercial returns to inventor. Protection weapon for research (heart of pharma industries): in invention of new molecule from scratch requires 4000 crores of rupee & 12 to 14 years consistent efforts. Filing of patent by pharma industries by submitting IND application after completion of preclinical test. Patent life (20 years) start from filing, clinical studies consume 8-10 years to prove efficacy, database generated submitted to RA in form of NDA. RA takes 2-3 years to NDA clearance & granting permission for launch of new drug in market. By the time new drug enters market already consumes avg. 12 years of patent life, effective time to make profit on investment is only 8 years to inventor.
- 10. Basic criteria for patentability: • Novelty • Usefulness • Nonobviousness Types of patent: • Independent patent. (Product patent) • Patent of addition. (Process patent)
- 11. II. Trade mark : It is any design that can distinguish the goods of one trader from those of another. It includes words, logos, pictures, or combination of these, colour marks, shapes , corporate names, pictures, slogan, 2D or 3D form. Trade Mark Act 1999: TMMA 1958 & TRIP agreements. The consumer will rely on the labels attached to the product with certain expectation of the quality of said product. Registration of trade mark: • provides exclusive right to proprietor, infringement • in case of similar trade mark, • initial period 10 years can be renewed forever as long as they are being used in business.
- 12. Functions Of Trade Mark: 1. Identify goods & their origin 2. Serves as guarantee for quality 3. Marketing & advertising device 4. Very useful in competitive market. 5. Examples: ICICI, Pepsi, Infosis etc.
- 13. III. Industrial designs: An industrial design constitutes the ornamental or aesthetic aspect of an article. Important element of marketing & provides legal protection to design for novelty & originality by Patent & Design Act 1911, followed by amendment in TRIP agreement 2000. It consists of : 2D or 3D features, shapes, ornamentation, patterns, lines or colour of a product. Term for industrial design is 15 years. It protects only ornamental & non functional features only.
- 15. IV. Geographical Indications: Indications which identify a good as originating in the territory of a member, or a region or a locality in that territory. Quality, reputation or characteristic of the good is essentially attributable to its geographic origin More importantly, it identifies the product’s special characteristics, which are the result of the product’s origins. Registration valid for 10 years & office is locates in Chennai. • Examples: • Darjeeling tea • Puneri pagadi • Lonavala chikki • Kanjivaram saree
- 16. V. Trade Secrets: Confidential & valuable. These include sales methods, distribution methods, consumer profiles, advertising strategies, lists of suppliers & clients manufacturing processes. Contrary to patents, trade secrets are protected without registration, protection of undisclosed information as per TRIPS agreements, article 39
- 17. Types of Trade Secrets: 1. Manufacturing Secrets 2. Commercial Secrets
- 18. VI. Copyrights: Copyright Act 1957 & Copyright order 1991 Amendment 1984, 1994 & 1999 Main objective is ensure protection to unlawful exploitation of work. Automatic registration under this act. Limited for period of 60 years. • Requirement of copyrightable : • Original & creative • Expression of idea should be new • Fixed in tangible form • Protection is irrespective of quality of work • Facts can not be Copyrighted.
- 19. Following act are not infringement under this act: 1. Fair dealing in R & D. 2. Educational use 3. Use in public administration 4. Libraries & archives.