1. INTRODUCTION TO INTELLECTUAL PROPERTY RIGHTSat
Pharmexcil, Ahmedabad
26th July, 2012 by
Dr. Gopakumar G. Nair
Advisor to Pharmexcil, India
Gopakumar Nair Associates
Url:

2. IP Evolution
Property  Right INTELLECT – PROPERTY – RIGHT Idea  Expression  COPYRIGHT Idea  Innovation  Invention  PATENT Idea  Quality + Identity  TRADEMARK Idea  Appearance  DESIGN Idea  Keep Confidential No Disclosure
 TRADE SECRETS

3. What is Intellectual Property? Definition by WIPO
Intellectual property (IP) refers to creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce.

4. Creativity (Creation Of The Mind)
Creativity is the ability to
Think / come up with new idea
Design new “inventions”
Produce “works of art”
Solve problems in new ways, or develop a new idea based on an “original” knowledge.
Novel or unconventional approach.

5. Generate Ideas….. And Own Them…..IPR !
Think Away From The Box
Generate Ideas….. And Own Them…..IPR !

7. IP Portfolio Patent US7395821 Brand Name Copyright Trademark
Novel & Inventive
Patent US
Brand Name
Copyright
Trademark
Multi-Haler™
Package Insert/
Information Leaflet
External Appearance
Trade Secret
Know-how
Confidential Informn
&
Undisclosed Tech
Design No

8. Product Patents In India

9. TRIPS
The TRIPS (Trade Related Aspects of Intellectual Property Rights) Agreement came into being with the establishment of the WTO (World Trade Organization) effective from 1st January, 1995.

10. WIPO
UN organization dedicated to promoting the use and protection of works of the human spirit.
Headquarters in Geneva, Switzerland.
185 nations as member states.
Manages all IPs.
Training through Academy and Seminars

11. TRIPS – Article 27
Patentable Subject Matter
Subject to the provisions of paragraphs 2 and 3, patents shall be available for any inventions, whether products or processes, in all fields of technology, provided that they are new, involve an inventive step and are capable of industrial application.
[1] Subject to paragraph 4 of Article 65, paragraph 8 of Article 70 and paragraph 3 of this Article, patents shall be available and patent rights enjoyable without discrimination as to the place of invention, the field of technology and whether products are imported or locally produced.
Members may exclude from patentability inventions, the prevention within their territory of the commercial exploitation of which is necessary to protect ordre public or morality, including to protect human, animal or plant life or health or to avoid serious prejudice to the environment, provided that such exclusion is not made merely because the exploitation is prohibited by their law.

12. TRIPS – Article 27 3. Members may also exclude from patentability:
Patentable Subject Matter
3. Members may also exclude from patentability:
(a) diagnostic, therapeutic and surgical methods for the treatment of humans or animals;
(b) plants and animals other than micro-organisms, and essentially biological processes for the production of plants or animals other than non-biological and microbiological processes. However, Members shall provide for the protection of plant varieties either by patents or by an effective sui generis system or by any combination thereof. The provisions of this subparagraph shall be reviewed four years after the date of entry into force of the WTO Agreement.
[1] For the purposes of this Article, the terms "inventive step" and "capable of industrial application" may be deemed by a Member to be synonymous with the terms "non-obvious" and "useful" respectively.

13. What is a Patent ?
A patent is a protection given to a patentee for an invention for a limited term by the government for disclosing the invention
Right to exclude others from using your invention.
Owner has a qualified right to use the invention.

14. What is a Patent? A Conditional grant
Balance of Rights and Obligations
Subject to other laws of land
Granted to owner of invention/ assignee

15. Three Statutory Pillars of
PATENTABILITY
Novelty (new)
2. Inventive Step (non-obvious) (Sec 2(1)(ja))
3. Industrial Applicability (utility) (Sec 2(1)(ac))

16. Patent - Patentability
An invention can be patented if it is
NOVEL: Must be New,
Must DISTINGUISH from “State of the Art” (PRIOR ART)
Must have INVENTIVE STEP
Non-obvious to a person “Skilled in the Art”
Must have INDUSTRIAL APPLICATION
Must be Useful
Must have Utility
Must not be covered by Sec. 3 and Sec. 4.

17. THE DIFFERENCES BETWEEN THE
Non-Obvious
THE DIFFERENCES BETWEEN THE
CLAIMED INVENTION and the PRIOR ART are such that the subject matter as a whole WOULD NOT HAVE BEEN OBVIOUS at the time the invention was made to a PERSON SKILLED IN THE ART, to which the subject matter pertains.

18. Inventive Step Section 2(1)(ja):
"inventive step" means a feature of an invention that involves technical advance as compared to the existing knowledge or having economic significance or both and that makes the invention not obvious to a person skilled in the art.

19. Utility / Industrial Application
Be Useful
Must work / be workable
At least one recognized, verifiable and practical end-use

20. Patentability Filter Prior use/ prior publication/ prior disclosure
Industrial applicability
Novelty
Non-obviousness: inventiveness
Sec. 3 - Not patentable
Written description / enablement requirements
Application/ specification/ claims
Patent prosecution
Maintenance / Defense after grant

21. Patents Act, 1970 What is not Patentable
(a) Frivolous, Contrary To Natural Laws
(b) Contrary To Public Order Or Morality, Prejudice To Human, Animal Or Plant Life Or Health Or To The Environment;
(c) Mere Discovery Of Scientific Principle, Abstract Theory, Living Thing Or Non- living Substances
(d) Mere Discovery Of New Form, New Property, New Use Of A Known Process, Machine Or Apparatus (EFFICACY)

22. Patents Act, 1970 What is not Patentable (e) Mere Admixture (SYNERGY)
(f) Mere Arrangement, Re-arrangement, Duplication of known devices.
(g) Omitted (Testing Methods)
(h) Method Of Agriculture Or Horticulture;
(i) Method Of Treatment.
(j) Plants, Animals, Including Seeds Varieties, Species, Biological Processes.
Exception: Microorganisms

23. Patents Act, 1970 What is not Patentable
(k) Mathematical Or Business Method Or A Computer Program Per Se Or Algorithms;
(l) Literary, Dramatic, Musical Or Artistic Work, Other Aesthetic Work
(m) Mere Scheme, Rule, Method Of Performing Mental Act, Playing Game;
(n) A Presentation Of Information;
(o) Topography Of Integrated Circuits;
(p) Traditional Knowledge

24. Trademarks Word Mark Device Marks Collective Marks Certification Marks
(Signs, Symbols, Logos)
Collective Marks
Certification Marks
Service Marks

25. Trademarks Must be graphically represented
Must be distinctive / distinguishable
Must not be descriptive
Must not be deceptively similar to known /well-known marks /Generics
ORS: ORS-L, ORZ
Cefixime – ZIFI, CEFI, Cefixin
Avoid –
Geographical Indications / Deities
National Leaders / Heroes / Symbols / Laudatory words

26. Notification dated 14th February, 2012 issued by CGPDTM regarding Publication of list of International Non Proprietary Names declared by the WHO

27. Copyrights & Related Rights
Copyright is a legal term describing rights given to creators for their literary and artistic works.

28. Indian Copyright Amendment Bill
Copyright - Extension
IT Revolution !
Recordings
Broadcastings
Audio visual works
Computer programs
Digital databases
Internet/web
Cable and Satellite T.V.
Indian Copyright Amendment Bill
Passed by Rajya Sabha on 17th May, 2012
Passed by Lok Sabha on 22nd May, 2012

29. IPR And Copyright
Quoting Medical References from Journals and Books
“Copyright” / “All rights reserved”
“Do not use, reprint, reproduce or distribute without prior permission”
Avoid verbatim reproduction (Plagiarism) - Likely to cause Copyright violations.
Always acknowledge / obtain prior permission.
Abstract / Summary may be written in one’s own language / quote the source.
Copyright violations could lead to criminal/civil suits
Could lead to imprisonment too !

30. Therapeutic Goods Legislation Amendment (Copyright), 2011 Australia
To block frivolous Copyright infringement suits in Pharma / Medicine product inserts.

31. Be Aware / Beware of the Web / Domain in the new global regime.
× Use of internet for selling / marketing
× Downloading from Internet (except for personal use)
MUST ALWAYS HONOUR IPRs
(Copyrights, Patents, Trademarks etc.)

32. G.I. (Geographical Indications)
Name or sign used on goods originating from specific geographical origin or location and possess qualities, reputation or characteristics that are essentially attributable to that place of origin.

33. Geographical Indication
India, as a member of the World Trade Organization (WTO), enacted the Geographical Indications of Goods (Registration & Protection) Act, 1999 has come into force with effect from 15th September 2003.
Geographical Indications of Goods
(Registration & Protection) Act, 1999
(Registration & Protection) Rules, 2002

34. Industrial Designs Ornamental or Aesthetic aspect of an article.
3-D or 2-D features such as shape or surface, patterns, lines or color.
Industrial designs are applied to products of industry and handicraft, technical and medical instruments, watches, jewelry, house wares, electrical appliances, luxury items, vehicles, architectural structures, textile designs.
Does not protect any technical features of the article to which it is applied to.
Khale Sangeeta

35. Designs Indian Designs Act, 2000 & Rule, 2001 (amended upto 2008).
To promote and protect the design element of industrial production.
Aimed to enact a detailed classification of design to conform to the international system and
To take care of the proliferation of design related activities in various fields.