IPR I NNOVATION & G LOBAL M ARKET D O P-ASSOCHAM’ S C ONFERENCE ON “IPR IN P HARMACEUTICALS : B ALANCING I NNOVATION AND A CCESS (O CTOBER 07, 2015) Dr. Pawan Kumar Pandey Asst. Registrar of Trade Marks & GI Trade Marks Registry (Govt. of India), Ahmedabad

W HAT IS I NTELLECTUAL P ROPERTY (IP) Broadly speaking, the term ‘IP’ refers to products of human intellect, labour and capital. The fruits of IP: e.g., mobile phones, cars, music, medicine and products bought in a supermarket. The different types of IP rights include trade secrets, utility models, patents, trademarks, geographical indications, industrial designs, layout designs of integrated circuits, copyright and related rights, and new varieties of plants.

W HAT ARE INTELLECTUAL PROPERTY RIGHTS (IPR S )? A legal right encompassing a particular type of intellectual property. The grant is generally for a limited period of time. Provides the owner, the right to exclude all others from commercially benefiting from it. In other words, prohibits any commercial use by others without the prior consent of the IP right holder.

W HY TO PROMOTE AND PROTECT INTELLECTUAL PROPERTY ? Creates a balance between the interests of innovators and the public interest. Intellectual property rights reward creativity and human endeavour, which fuel the progress of mankind. Some examples: The multibillion dollar film, recording, publishing and software industries – which bring pleasure to millions of people worldwide – would not exist without copyright protection. Without the rewards provided by the patent system, researchers and inventors would have little incentive to continue producing better and more efficient products for consumers. Consumers would have no means to confidently buy products or services without reliable, international trademark protection and enforcement mechanisms to discourage counterfeiting and piracy.

W HAT IS I NNOVATION ? Generally put, an ‘innovation’ is developing a new idea and putting it into practice. While innovations are concerned with the commercialization of new ideas; in contrast, an ‘invention’ may not be directly associated with commercialization. As not all inventions are commercialized, so it is clear that not all inventions result in innovations. A lot of new ideas are created or born but, “Most die a lonely death, never seeing the light of commercial success.”

R OLE OF IP IN INNOVATION It is sometimes said that the patents are the most preferred IP rights in relation to technological innovations. This seems to be due to the use of the terms ‘innovation’ and ‘invention’ as synonyms. Patents are often used to measure output of innovation. For most technology-based enterprises, a successful invention results in a more efficient way of doing things or in a new commercially viable product.

R OLE OF IP IN INNOVATION …. C ONTD. IP rights provide the holder with several opportunities, which can facilitate the successful completion of an innovation. Such opportunities include: sale, licensing, and various types of strategic business partnerships or alliances in commercializing it. The role of IP begins with the formulation of a novel idea/concept and, through a series of stages, ends in the successful launching and marketing of a new or improved product in the marketplace.

M ARKETING OF I NNOVATIONS AND R OLE OF T RADE M ARKS Since successful innovation includes taking a new product to market, other IP tools become very relevant. For example, trademarks play an important role in the marketing process. A trademark is a useful tool in launching new product segments or entirely new products, i.e., through brand extension. The trademarks can be very effective in penetrating new markets. E.g.,: company ‘X’ can take advantage of its reputation in motorcycle engineering to penetrate the car market at a later stage.

M ARKETING OF I NNOVATIONS AND R OLE OF T RADE M ARKS ….. C ONTD. Trademarks are also useful in extending commercial benefits beyond the life of a patent. The case of Aspirin® : the drug was patented in 1899 by the Bayer Company. Knowing that patents have a limited duration, the Company embarked upon promoting a trademark for its new product. When the Aspirin® patent expired, the company continued to benefit from the sale of aspirin through its established trademark Aspirin®. The Bayer Company has also used the two-track IP strategy, i.e., using a trademark to protect market share after the expiry of a patent, for its Cipro®

C ONCLUSION Managing innovation better than its competitors is one of the main objectives of a business that wishes to survive and thrive in today’s global market. Gauging the importance of IP in innovation, by merely focusing on patents as input and/or output of innovation, does not do justice to the significant role that can be played by the other tools of IP. A broader approach to the contribution of IP in innovation is therefore needed. Trade secrets, patents, trademarks, industrial designs, and copyright may separately or jointly facilitate the acquisition of technology and its commercial use.

T HANK YOU VERY MUCH ! Pawan Kumar Pandey Asst. Registrar of Trade Marks Trade Marks Registry (Govt. of India), Ahmedabad E mail: ; Disclaimer: Representations of Certain Trade Marks has been used for educational purposes only. Any views on them are personal and do not necessarily present the official view of the Department to which the author belongs to. The images shown in the presentation are taken from free internet source and author does not assert any authorship or copyright over it.