Intellectual Property Right1

INTELLECTUAL
PROPERTY RIGHTS
What are Intellectual Property
Rights
Intellectual property rights are the rights given to
persons over the creations of their minds. They
usually give the creator an exclusive right over the
use of his/her creation for a certain period of time.
Importance of IPR
•Provides incentive to the individual for new creations.
•Providing due recognition to the creators and inventors.
•Ensuring the material reward for intellectual property.
•Ensuring the availability of the original products.
•For economic growth and advancement in technology sector protection of

Intellectual property protection is important.
•They are benefited for the growth of the business in the field of technology.
PATENT
PATENT
Exclusive right for being the true and first
inventor of a product or process, granted by
the govt. for a limited period, to exclude
others from making, using, selling or
importing the patented product or process
with out his consent, in exchange of full
disclosure of his invention.
Term: 20 years from the date of filing
VALIDITY OF A PATENT
• A Patent is only valid in the jurisdiction in which it
is granted
 Mumbai
 Chennai Patent office branches
 New Delhi
 Kolkata
WIPO- 1967
PCT- 1970
WTO- 1995
Lifecycle of a patent
Filing of Publication Search and

Formal Grant and
patent of substantive
examination publication
application Application examination
What is patentable?
What is patentable?
• A product
• The apparatus for producing the product
• The process
• The composition of matter
Basic requirements of patentability
• Novelty
• Utility
• Nonobviousness
• Written Disclosure
What is not patentable?
• Computer Programmes
• Medical and Surgical treatments
• Mathematical methods
• Business methods
• Discoveries
• Aesthetic creation
• New species of plants or animals
• The invention which are contrary to moral
standards and public order
• Invention related to atomic energy
Documents required for filing a patent
application
a) Application form (form 1)
b) Specification (provisional/ complete) (form
2)
c) Drawings
d) Undertaking under section 8 (form 3)
e) Power of authority
COPYRIGHTS
• Copyrights means exclusive rights to do or
authorize others to do certain acts in relation
to
– Literary, dramatic, music and artistic works.
– Books
– Cinema/ TV Programmes
– Sound recordings
• Permission is needed to reproduce the
copyrighted material.
• Term: Author’s life plus sixty years (books)
60 years (Films, Photographs)
25 years (Broadcasting)
• It protects the publications of the studies.
• Information provided by the drug companies may
be protected by copyright law.
• Pharmaceutical companies routinely copyrighted
their package insert yet the generic approval
dictated that the package insert of the generic drug
to be the same as the reference listed drug.
TRADEMARK
Trademark
• A trade mark is any design that can distinguish the

goods of one trader from those of another.
• It includes words, logos, pictures, or combination of
these.
• A trademark is used as a marketing tool for product
positioning.
• The consumer will rely on the labels attached to the
product with certain expectation of the quality of said
product.
• Term: 10years
• To register a trade mark the mark must be
distinctive and not contrary to law or
morality and not identical to the earlier mark
for the same or similar goods.
• The notion may be used for the trademark
only if it is federally registered.
• In pharmaceutical arena, trade names for
certain drug may be registered as a
trademark.
DESIGN
DESIGN
• The protection only for the appearance of the
article and not how it work.
• Design registration protects design having industrial
and commercial use.
• Designs of stamp, labels, tokens, cards, or cartoons
and part of an article sold separately can not be
registered.
• Duration protection- 10 years and extendable for
another term of 5years.
Issues
1.
• FROM PROCESS TO PRODUCT PATENTS
• One of the binding point in TRIPS agreement is that all member countries are required to
shift their patent regime from “Process Patent” to “Product Patent.”
• The fundamental difference between a Process Patent regime and a Product Patent regime
lies in the fact that the former protects for processes only while the latter products. It
becomes a contentious issue when it comes to getting IP rights on pharmaceuticals and
food products.
• Unlike developed countries where Capitalist Economic Model is working India has adopted
a mixed development model striking a balance between Capitalism and Socialism.
• This approach was taken to safeguard the interest of ordinary people those are struggling
for their basic needs including food and medicines. Developed countries are accusing
countries like India and Brazil being protectionist when it comes to granting patents in
pharmaceuticals and food sectors.
•
2.
Indian Patent Act– Another challenge that it is facing is the condemnation of
section 3(d) of the Indian Patent Act.
• This section prevents multinational companies evergreening their patents simply

by making minor changes.
• Implementation of 3(d) was exercised in challenging the patent of Novartis

Glevac drug.
• The Court rules that multinational companies can’t evergreen their patents
simply by making minor changes in earlier patents and they need to show
considerable “Therapeutic Efficiency” to get patent protection in already existing
patents.
3.
• Compulsory licensing- With the provision of
compulsory licensing, the Govt of India can compel the
owner company or other companies to mass produce some
drugs in emergency irrespective of who got the patent.
• Multinationals are accusing India of being opportunistic in

their stand and are asking to abrogate this provision.
However, Indian Govt is not willing to cancel this provision
to safeguard the interests of mass.
4.
• Provision of Drug Price Control Order-
With this provision companies can’t charge an unfair price for
drugs that they are producing.
The price has to be justified regarding investments, and if
someone plays foul, then the Govt has the right to intervene.
5.
Food security and IPR
• India is a land of farmers wherein most of the people
are engaged in doing farming for their livelihood. In
such a country Govt offers many subsidies to farmers.
• India’s domestic support schemes are generally in the form of
“minimum support price” for major agricultural commodities
and “input” subsidies provided to farmers in the types of
electricity, fertilizers, seeds, etc.
• However, for complete implementation of TRIPS agreements,
these subsidies will have to be reduced or eliminated. Thus, the
Indian Government is struggling to create a balance between food
security and providing IP rights in India.
6.
• IPRs, Community property rights, & Indigenous knowledge
• Traditional knowledge gives ready-made leads for
pharmaceutical companies and then simply come up with
the new formulation to show the efficacy of the general
traditional understanding.
• The Indian Govt is bound to protect the rich source of
traditional knowledge by not allowing multinationals to get
patents on traditional culture.
• As a defensive mechanism, the Govt has created TKDL
(Traditional Knowledge Digital Library) to challenge
patenting traditional Indian understanding.
• Multinationals and developed countries are also opposing
this move.
Recent developments in
intellectual property laws in
India
1. Trademark law brought at par with international
practices
To bring Indian trademarks law in line with international practices and to ensure
implementation of India's commitments under the TRIPS Agreement, India replaced
the Trade and Merchandise Marks Act, 1958, with the Trade Marks Act, 1999.
Some changes under the 1999 Act are as follows:
* Service marks, for the first time, made protectable through registration.
* The definition of "trade mark" now includes graphic representations, shapes,

packagings and combinations of colours, thereby widening IPR protection.
* The procedure for registration of trademarks expedited by removing the earlier

system of Part A and B registration. In addition, only a single application need now be
filed for registration .
The period of registration and renewal has been increased from seven to ten years.
* The definition of "trademark infringement" has been broadened to give protection

beyond the use of identical/deceptively similar marks in relation to goods for which
they are registered.
2. Protection to Geographical Indications
Provided
India has enacted the Geographical Indications of Goods (Registration and Protection) Act,
1999 (the GIG Act). The GIG Act provides for registration and better protection of
geographical indications relating to goods to help identify the place of origin of goods,
quality, reputation and other distinctive characteristics of these goods.
• The GIG Act now helps in protecting unique indian products linked to some geographical
region of India, such as Basmati Rice, Darjeerling Tea, Alphonso Mangoes, Malabar
Pepper, Cardamom and Hyderabad Grapes, which are all well known in the international
market.
• For many years, these products have been exported on a regular basis, demonstrating
India's reputation of high quality of these products and, therefore, require such
protection. Under the GIG Act, assignment of geographical indications is prohibited,
being public property.
• The GIG Act helps prevent geographical indications of goods becoming generic which
may otherwise lead to a loss of distinctiveness and consequently loss of protection.
3. Copyright Law Modified
The 2012 amendments in copyright law, which were made to make Indian copyright
law compliant with the WIPO Copyright Treaty (WCT) and WIPO Performances and
Phonograms Treaty, introduced technological protection measures, ensured that fair
use survives in the digital era by providing special fair use provisions, made many
author-friendly amendments, special provisions for disabled, amendments facilitating
access to works and other amendments to streamline copyright administration.
The Government is considering further amendments to the Indian Copyright Act to help
deter continuing piracy. Future amendments would provide for greater deterrents
against infringement through more effective legislative and administrative frameworks.
These amendments would also offer the police wider powers to conduct secret raids,
seize and destroy infringing products, provide faster criminal proceedings and increased
punishment for piracy.
4.Integrated Circuits Provisions adopted
In compliance with obligations under the TRIPS Agreement, India has enacted the
Semiconductor Integrated Circuits Layout-Design Act, 2000. This Act provides for
registration of original, inherently distinctive and not yet exploited layout-designs.
Any misuse of a registered layout-design can be prevented by way of an
infringement action. The Act provides a term of protection for 10 years
Although the Indian IP laws are still in the stages of development but the same are
very much in conformity with the international IP laws as India is a signatory to
international conventions and treaties including Paris Convention for the Protection
of Industrial Property, Berne Convention on Copyright and TRIPS Agreement.
CONCLUSION
For a long time, the level of IPR protection was very low in India. Copying,
plagiarism, piracy and other IPR violations were rampant, causing huge losses to
IPR owners. With India’s political, social and economic evolution, protection of
IPR is vital to ensure intellectual, cultural and economic growth.
Thank you

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INTELLECTUAL

•Providing due recognition to the creators and inventors.

•Ensuring the material reward for intellectual property.

•Ensuring the availability of the original products.

•For economic growth and advancement in technology sector protection of

Filing of Publication Search and

• A trade mark is any design that can distinguish the

• This section prevents multinational companies evergreening their patents simply

• Implementation of 3(d) was exercised in challenging the patent of Novartis

• Multinationals are accusing India of being opportunistic in

* The definition of "trade mark" now includes graphic representations, shapes,

* The procedure for registration of trademarks expedited by removing the earlier

* The definition of "trademark infringement" has been broadened to give protection

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