05/03/2023 Source:-WIPO AND WHO

INTELLECTUAL PROPERTY RIGHTS (IPR)

05/03/2023 Source:-WIPO AND WHO

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).

05/03/2023 Source:-WIPO AND WHO

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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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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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 applications filed in the designated countries

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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.

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

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

applicationat a national

office

International processing, including centralized search, examination

and publication

…subsequent nationalprocessing

added value,improving and

facilitating ...

Patents granted by “designated”

national and regional Offices

=

18Publication

PCT procedure overview

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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

05/03/2023 Source:-WIPO AND WHO

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

05/03/2023 Source:-WIPO AND WHO

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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• Thank you for your attention