1817385194 Introduction to IPR

8/13/2019 1817385194 Introduction to IPR

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INTRODUCTION TO

INTELLECTUAL PROPERTY

RIGHTS

at

Pharmexcil, Mumbai

22ndJune, 2012

byDr. Gopakumar G. Nair

Advisor to Pharmexcil, IndiaGopakumar Nair Associates

Url: www.gnaipr.net

Email: [email protected]
http://www.gnaipr.net/mailto:[email protected]:[email protected]://www.gnaipr.net/


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IP Evolution

Property Right

INTELLECTPROPERTYRIGHT

Idea Expression COPYRIGHT

Idea Innovation Invention PATENT

Idea Quality + Identity TRADEMARK

Idea Appearance DESIGN

Idea Keep ConfidentialNo Disclosure TRADE SECRETS

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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.3


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Creativity (Creation Of The Mind)

Creativity is the ability toThink / 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..

And Own Them..IPR !

Think Away

From TheBox

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IP Portfolio

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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
http://localhost/var/www/apps/conversion/tmp/scratch_4/Patent.ppthttp://localhost/var/www/apps/conversion/tmp/scratch_4/Trademark.ppthttp://localhost/var/www/apps/conversion/tmp/scratch_4/Design.ppthttp://localhost/var/www/apps/conversion/tmp/scratch_4/Trade%20Secrets.ppthttp://localhost/var/www/apps/conversion/tmp/scratch_4/Copyrights.ppthttp://localhost/var/www/apps/conversion/tmp/scratch_4/Copyrights.ppthttp://localhost/var/www/apps/conversion/tmp/scratch_4/Trade%20Secrets.ppthttp://localhost/var/www/apps/conversion/tmp/scratch_4/Design.ppthttp://localhost/var/www/apps/conversion/tmp/scratch_4/Trademark.ppthttp://localhost/var/www/apps/conversion/tmp/scratch_4/Patent.ppt


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Product Patents In India

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TRIPS

The TRIPS (Trade Related Aspects

of Intellectual Property Rights)

Agreement came into being with

the establishment of the WTO

(World Trade Organization)

effective from 1stJanuary, 1995.

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WIPO

UN organization dedicated topromoting 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

Seminars10


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TRIPSArticle 27Patentable Subject Matter

1. Subject to the provisions of paragraphs 2 and 3, patents shall

be available for any inventions, whether products or processes,in all fields of technology, provided that they are new, involve

an inventive step and are capable of industrial application.

[1] Subject to paragraph 4 of Article 65, paragraph 8 of

Article 70 and paragraph 3 of this Article, patents shall beavailable and patent rights enjoyable without discrimination as

to the place of invention, the field of technology and whether

products are imported or locally produced.

2. Members may exclude from patentability inventions, the

prevention within their territory of the commercial exploitation

of which is necessary to protect ordre public or morality,

including to protect human, animal or plant life or health or to

avoid serious prejudice to the environment, provided that such

exclusion is not made merely because the exploitation is

prohibited by their law.11


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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

Right to exclude others from using your

invention.

Owner has a qualified right to use the

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A Conditionalgrant

Balance of Rights and Obligations

Subject to other laws of land

Granted to owner of invention/

assignee

What is a Patent?

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Three Statutory Pillars of

PATENTABILITY

1. Novelty (new)

2. Inventive Step (non-obvious) (Sec 2(1)(ja))

3. Industrial Applicability (utility) (Sec 2(1)(ac))

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Patent - Patentability

An invention can be patented if it is

NOVEL: Must be New,Must DISTINGUISH from State of the Art

(PRIOR ART)

Must have INVENTIVE STEPNon-obvious to a person Skilled in the Art

Must have INDUSTRIAL APPLICATION

Must be UsefulMust have Utility

Must not be covered by Sec. 3 and Sec. 4.

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Non-Obvious

THE DIFFERENCES BETWEEN THE

CLAIMED INVENTION and the PRIOR

ART are such that the subject matter as awhole WOULD NOT HAVE BEEN

OBVIOUS at the time the invention was

made to a PERSON SKILLED IN THE ART,

to which the subject matter pertains.

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Inventive Step

Section 2(1)(ja):

"inventive step" means a feature of

an invention that involves technical

advanceas compared to the existing

knowledge or having economic

significance or both and that

makes the invention not obvious to

a person skilled in the art.

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Utility / Industrial Application

Be Useful

Must work / be workable

At least one recognized,

verifiable and practical end-use

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Patentability Filter Prior use/ prior publication/ prior disclosure

Industrial applicability

Novelty

Non-obviousness: inventiveness

Sec. 3 - Not patentable

Written description / enablement

requirements

Application/ specification/ claims

Patent prosecution

Maintenance / Defense after grant20


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What is not Patentable

(a) Frivolous, Contrary To Natural Laws

(b) Contrary To Public Order Or Morality,

Prejudice To Human, Animal Or Plant

Life Or Health Or To The Environment;

(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

(EFFICACY)

Patents Act, 1970

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(e) Mere Admixture (SYNERGY)

(f) Mere Arrangement, Re-arrangement,

Duplication of known devices.

(g) Omitted (Testing Methods)

(h) Method Of Agriculture Or Horticulture;

(i) Method Of Treatment.

(j) Plants, Animals, Including Seeds

Varieties, Species, Biological

Processes.

Exception: Microorganisms

Patents Act, 1970

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(k) Mathematical Or Business Method Or A

Computer Program Per Se Or

Algorithms;

(l) Literary, Dramatic, Musical Or ArtisticWork, Other Aesthetic Work

(m) Mere Scheme, Rule, Method Of

Performing Mental Act, Playing Game;

(n) A Presentation Of Information;

(o) Topography Of Integrated Circuits;

(p) Traditional Knowledge

Patents Act, 1970

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Trademarks

Word Mark

Device Marks

(Signs, Symbols, Logos)

Collective Marks

Certification Marks

Service Marks

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Must be graphically represented

Must be distinctive / distinguishable Must not be descriptive

Must not be deceptively similar to

known /well-known marks /Generics

ORS: ORS-L, ORZ

CefiximeZIFI, CEFI, Cefixin

Avoid

Geographical Indications / Deities

National Leaders / Heroes / Symbols /

Laudatory words

Trademarks

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Copyrights& Related Rights

Copyright is a legal

term describing rights

given to creators for

their literary and

artistic works.

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Copyright - ExtensionIT Revolution !

RecordingsBroadcastings

Audio visual works

Computer programs

Digital databasesInternet/web

Cable and Satellite T.V.

Indian Copyright Amendment Bill

Passed by Rajya Sabha on 17thMay, 2012

Passed by Lok Sabha on 22ndMay, 2012

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IPR A d C i ht


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IPR And Copyright

Avoid verbatim reproduction (Plagiarism) -

Likely to cause Copyright violations.

Always acknowledge / obtain prior permission.

Abstract / Summary may be written in ones

own language / quote the source.

Copyright / All rights reservedDo not use, reprint, reproduce or distribute without prior permission

Quoting Medical References from Journals and Books

Copyright violations could lead to criminal/civil suits

Could lead to imprisonment too !29


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Therapeutic Goods Legislation

Amendment (Copyright), 2011

Australia

To block frivolous

Copyright

infringement suits in

Pharma / Medicine

product inserts.

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Be Aware / Beware of the Web /

Domain in the new global regime.

Use of internet for selling / marketing

Downloading from Internet (except for

personal use)

MUST ALWAYS HONOUR IPRs(Copyrights, Patents, Trademarks etc.)

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Designs

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 designrelated activities in various fields.

1817385194 Introduction to IPR

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