intellectualpropertyrights-211118054938 (1).pptx

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1. Intellectual P roperty R ights 11/17/2021 1 Presented By Ashish R. Chaudhari Asst. Professor P R Patil Institute of Pharmacy Talegaon SP Wardha P R Patil Institute of Pharmacy Talegaon SP Wardha

2. CONTENT 11/17/2021 2 Introduction Scope Importance Trademark Copyrights Patent Industrial Design

3. Introduction Intellectual Property is something produced using human intellect which has commercial value. Examples of IP are, an invention relating to a product or process, a new design, an article, a literary or artistic work and a trademark. 11/17/2021 3 Intellectual Property Right can be defined as the right held by a person over the creation of his mind or Intellect Intellectual Property Rights (IPR) are the statutory rights once granted allows the creator(s) or owner(s) of the intellectual property to exclude others from exploiting the same commercially for a given period of time.

4. Scope 11/17/2021 4 “INDUSTRIAL PROPERTIES” PATENTS INDUSTRIAL DESIGNS TRADEMARKS TRADE SECRETS PLANT VARIETIES INTEGRATED CIRCUITS GEOGRAPHICAL INDICATORS “COPYRIGHT” LITERARY NOVEL POEM PLAYS FILMS MUSICAL ARTISTIC DRAWINGS PHOTOGRAHS PERFORMING ARTS SCULPTURES SOFTWARE

5. Scope 11/17/2021 5

6. Importance of IPR IP can be used to establish the goodwill and brand value in the market. Inventor, creator or author of an IP can mention about the IP in his/her resumes and thus show their competence IPR certificate establishes legal and valid ownership about an intellectual property It encourage new industry and research Facilitate technology transfer 11/17/2021 6

7. Trademark 11/17/2021 7 A trade mark is any design that can distinguish the goods of one trader from those of another. It includes symbol, words , logos, pictures, colors or combination of these. In ph arm a ceuti c al a r ena, t r ade name s f o r cer t a i n dru g m a y be registered as a trademark Eg. Viagra It is covered under the act called Trade Mark Act 1999. It replace Trade and Merchandise act 1958. It extend to whole India

8. Different symbols of Trademark ® Registered Trademark ™ Intent to use application filled for product SM Intent to use application filled for service Duration of Trademark Trademark :- 10 years + renewable Service mark:- 17 years + renewable 11/17/2021 8

9. Copyrights The term originated in the copyright law means that the work originated with the author It is right which grants protection to the unique expression of Idea India has a very strong and comprehensive copyright law based on Indian Copyright Act. 1957 which was amended in 1982, 1984, 1992, 1994 and 1999 11/17/2021 9

10. What covered by copyright Literary Films Dramatic Musical Artistic Sound recording Books Broadcast 11/17/2021 10

11. Duration of Copyright Author's life + 60 years for literary work (Books) 60 years (Films, photographs) 25 years (Broadcasting ) Symbol of copyright :- © © + year + name Example:- © 2021 Pharmaceutical Education and Research 11/17/2021 11

12. Patent (Patent Act 1970) Patent is an exclusive right granted to an applicant by the Govt., for a limited period to practice the invention (manufacture, use and sale), in lieu of the information disclosed to the Govt. with regard to an invention. The Patent confers rights to the patentee to exploit the patent for commercial gains and also to stop others from manufacturing, and selling the patented products/process. 11/17/2021 12

13. An invention in general means a new discovery, relating to a product (machine) or process, even to an existing module or idea. What is Patentable A product The apparatus for producing product The process The composition of matter 11/17/2021 13

14. What is not patentable A method for agriculture and horticulture Any methods of treatment of human beings, or animals Plants and animals in whole or any part thereof other than microorganism A mathematical or business method or a computer program. A literary, dramatic, musical, artistic work, etc. November 17, 2021 14

15. What is not patentable A scheme or rule or method of performing mental act or method of playing game A presentation of information Topography or integrated circuits An invention relating to the traditional knowledge An invention relating to Atomic Energy (Sect. 4) November 17, 2021 15

16. Patent jurisdiction 11/17/2021 16 Office Territorial Jurisdiction Patent Office Branch, Chennai The States of Andhra Pradesh, Karnataka, Kerala, Tamil Nadu and the Union Territories of Pondicherry and Lakshadweep Patent Office Branch Mumbai The States of Maharashtra, Gujarat, Madhya Pradesh, Goa and Chhattisgarh and the Union Territories of Daman and Diu & Dadra and Nagar Haveli. Patent Office Branch, New Delhi The States of Haryana, Himachal Pradesh, Jammu and Kashmir, Punjab, Rajasthan, Uttar Pradesh, Uttaranchal, Delhi and the Union Territory of Chandigarh. Patent Office, HO Kolkata The rest of India A patent is only valid in the jurisdiction in which it is granted WIPO -1967 PCT - 2003 WTO - 1995

17. Basic requirement for Patentability Novelty Utility Non obviousness Industrial application 11/17/2021 17

18. Filing of the Application Electronic filing (July 20,2007) Physical filing at the Patent Office 11/17/2021 18

19. Patent Application Publication Examination Application Grant Publication of Grant Post Grant Opposition Pre Grant opposition 11/17/2021 19

20. Importance of Patent 11/17/2021 20 It encourages research. Induce an inventor to disclose his invention. Encourage establishment of new industries. Reasonable assurance for commercialization. Facilitate technology transfer. Stimulate R&D at Universities and Research center. Acts as catalysts for new technologies and new business .

21. Industrial Design Industrial design Act 2000 Term for Industrial Design is for 15 years It protects the ornamental appearance of object exactly as shown in drawing supplied with patent application Protects ornamental or non- functional features 11/17/2021 21

22. 11/17/2021 22 Type if IP Subject Matter Main Fields Patent New, Non-Obvious, Industrial applicable Chemicals, Drugs, plastics, engines, turbines, scientific equipment Trademark Sign or Symbol All Industries Copyright Original work of authorship Printing, entertainment (audio, video, motion pictures), software, broadcasting Industrial Design Ornamental Design Clothing, automobiles, electronics Geographical Indication Geographical origin of Goods and Services Food products and other products

23. References Bayya Subba Rao, P. V. Appaji “IPR in Pharmaceutical Industry: Theory and Practice” Dr. Ruchi Tiwari, Dr. Gaurav Tiwari “Intellectual Property Rights and Drug Regulatory affairs World Intellectual Property Right Organization http://www.wipo.int Controller General of Patent, Design and Trademark http://www.patentoffice.nic.in http://ipindia.nic.in/ipr/patent.com 11/17/2021 23

24. 11/17/2021 24 Thank You…!