1 Seminar on “INTELLECTUAL PROPERTY RIGHTS

INTODUCTION What are IPRs? “IPRs are LEGAL rights which are granted to a person for CREATIONS of the mind or intellect which have COMMERCIAL VALUE”. Creation of human mind (Intellect) Intangible property Exclusive rights given by government. Attended with limitations and exceptions Time-bound Territorial 2

Major Intellectual Properties  Patents  Copyright  Trademark  Industrial Designs  Layout Designs of Integrated Circuits  Geographical Indications  Protection of New Plant Varieties  Trade Secretes. 3

COPYRIGHT “Copyrights are a set of exclusive rights granted by law to the creators and producers of forms of creative expressions such as literary, musical and cinematographic works.”  BENEFITS:- Protection from copying to a piece of work. Imparts commercial value to a work. Ensures rewards in form of recognition. Financial benifits.  TERM:- Entire life of an author plus 50 years after his death.  REGISTRATIONS:- Registrar of copyrights, New Delhi. 4

5 PATENT “A patent is an exclusive right granted by the government to the original inventor of an invention, which prohibits others from making, using, or selling that invention.”  BENIFITS The grant of exclusive rights encourages people to come up with new inventions for the benefit of society. The grant of patent, apart from profitability is also associated with considerable peer respect and recognition which can be a strong motivating factor for many a researcher.  TERM : Period of Patents - 20 Years  Registration:- Head office- Kolkata- New Delhi, Madras and Mumbai.

INDUSTRIAL DESINGS “Industrial Designs refer to specific shape, configuration, surface, pattern or color or combination thereof which produces an aesthetic impressions of the article.” BENEFITS:- Prevents unauthorised copying of an original design. The design may lead to enhanced commercial value of product.  TERM:- 10 years + 5 years.  REGISTRATION:- Registrar of design head office Kolkata. 6

TRADEMARK “ A trademark is a word or a symbol adopted and used by a manufacturer or a merchant to identify his goods and distinguish them from those manufactured and sold by others.”  BENEFITS: Are vital and quickly recognised symbol of a corporation and its products and services. Enhances the market value of product bearing that trademark. Basic purpose is to identify goods as belonging to a perticular manufacturer.  TERM: 10 years. But can be renewed indefinitely.  REGISTRATION: Trademarks registry having head office at Mumbai. 7

GEOGRAPHICAL INDICATIONS “Geographical Indication of goods are defined as that aspect of Intellectual Property which relate to goods or products originating from a particular geographical region situated in a particular country.”  BENEFITS: Legal protection of goods produced in a particular region. Increases market visibility for the producer. Pevents the unauthorised use of registered GI by others. Boosts exports by providing legal protection to goods covered under GI.  TERM: 10 years.  REGISTRATION: IP India offices at New Delhi, Kolkata, Mumbai, Chennai(HO) 8

9 LAYOUT DESIGNS OF INTEGRATED CIRCUITS “Layout Designs for integrated circuits refers to the specific manner in which transistors and other circuitry elements of an integrated circuits are laid out in a semiconductor IC and icludes lead wires connecting such elements.”  BENEFITS: Protction of effort and investments in design and improvement of circuits. Recognition of original effort.  TERM: Registration is valid for 10 years  REGISTRATION: New Delhi.

10 PROTECTION OF PLANT VARITIES “These are legal rights granted by the govt. For protection of plant varieties, rights of farmers and breeders.”  BENEFITS: Production Sale Export, Import.  TERM: 15 years for annual crop 18 years for trees.  REGISTRATIONS: Registrar of plant varieties, New Delhi.

11 TRADE SECRETES “Trade secrets refer to proprietary information having commercial application and value.”  BENEFITS: Minimal documentation. No fee. No expiry. No territorial limits.  REGISTRATIONS: Civil Courts

IP MechanismTime of ProtectionFeeAuthority/ Agency Concerned Patents20 yearsRs. 1000/- for indivisual and Rs. 4000/- for corporates Patent office, India Resp. Branches- Kolkata, Delhi, Madras, Mumbai. CopyrightsLife of author + 50 years after death. Rs. 50/- for literary, dramatic, musical, or artistic work. Registrar of Copyrights, New Delhi. TrademarksInitial 10 years. Can be renewed indefinately Rs. 2500/-Registry of Trademarks, Mumbai(HO), Kolkata. Industrial DesignsInitial 10 years. Can be Extended by 5 years. Rs. 1000/-Any of respective patent offices. Layout designs of integrated circuits 10 years-N.A.-Registration to New Delhi. Table: IP Mechanism- Important Features

Plant varieties15 years for annual crop 18 years for tree Individual: Rs. 5000/- Educational: Rs.7000/- Commercial: Rs.10000/- Registrar of Plant varieties, New Delhi Geographical Indications 10 years Can be renewed -n.a.-IP India Offices at New Delhi, Kolkata, Mumbai, Chennai. Main at Chennai Trade SecretesNo registration -Civil courts Conti.....

Licensing of an IP Licence is a permission granted by an IP owner to another person to use the IP on agreed terms and conditions, while he continues to retain ownership of the IP Licensing creates an income source It establishes a legal framework for transfer of technology to a wider group of researchers and engineers Creates market presence for the technology or trademark 14

Licensing Conditions of IPRs Owners of IP prefer to transfer technology through licensing agreements only All rights or limited rights can be licensed Can be exclusive or non-excusive or sole (owner and licensee) Most such agreements provide for royalty payment and non- transfer to a third party. Royalties can be upfront, part upfront and part % per production/sale, only % per production/sale The particular uses for which the IP can be used are also generally specified Needs to be careful about the Competition law 15

HOW IPR IS PRACTICALLY USEFUL FOR PHARMA STUDENTS Prevent duplication of work. Help researcher to focus on commercialy relevent research. prevent exploitation of work. Impotratant source of technical information. Stimulate creativity. Help in identification of career oportunities. Prevent infringements. 16

Significance of IPR for Business management  Enhancing business profits.  Strategic business planning.  Preventing infringement  Global partner identification.  100% benefits of R&D at zero cost.

Role of IPR in Promoting Business Profits:  Innovations  Investments  Improvements  Market  Global competitiveness  Brand value

References Jain N.K. (2003), “Textbook of Forensic Pharmacy” Vallabh Prakashan, 6 th Edition. Dr. Parikshit Bansal, “IPR Handbook for Pharma Students and Researchers” PharmaMed Press, Hyderabad, P. No