INTRODUCTION TO IPR

PRESENTED BY : SURBHI SOOD 14158

Presentation Overview
Intellectual property

Intellectual Property Rights

Types of IPR Global Bodies Governing IPR

Intellectual Property
Intellectual property (IP) refers to creations of the mind: Includes Inventions, Literary Artistic works, Designs used in commerce, Symbols, Names, Images Computer programming is also an intellectual property as it is also the creation of human intellect

Intellectual Property Rights

These are the exclusive rights which a person enjoys with respect to his intellectual property . The person who creates an intellectual piece of work owns it like any other tangible property like land or movable goods

Examples- no one can copy literary , musical piece of work , work on invention or apply design to an industrial product without the consent of author ,
musician or inventor .

No one can make use of intellectual property without the consent of the owner of the intellectual property

Types of IP

Intellectual Property

Industrial Property
Patents
Trade Mark Industrial Designs Trade Secrets Geographic Indications

Copyright
Literary Works
Artistic Works

Patents(The Indian Patents Act , 2005)

Patent is an exclusive right granted to an inventor with respect to the invention which he discloses to the public So patent is like a reward that is granted to an inventor in return to the disclosure of his invention to the public for the benefit of the society.

Benchmarks for Patentability

As per the Patents Act, 1970 ; there are 3 statutory benchmark

1. Novelty
2. Inventive Step (Section 2(1)(ja) 3. Industrial Applicability (Section 2(1)(ac))

Inventive Step
According to 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.

Court ditches $1.8B verdict against Abbott February 24, 2011

The U.S. Court of Appeals in Washington, D.C., has decided that Abbott Laboratories doesn't have to pay $1.8 billion for violating a Johnson & Johnson patent when it developed its big-selling rheumatoid arthritis drug Humira. It was a record-breaking patent-infringement judgment, awarded by a jury in a Marshall, Texas, court and widely seen as friendly to patentinfringement plaintiffs. That jury determined Abbott had followed J&J's patented antibody process to develop Humira. But as the Wall Street Journalreports, the appeals court disagreed, saying that the two companies had used different development strategies--and produced different antibodies as a result. What's more, the court ruled that J&J's patent claims were invalid, so they couldn't be infringed anyway. Abbott was "pleased" with the verdict, of course. A spokeswoman told Reuters, "The evidence clearly showed that Abbott was first to invent a fully human anti-TNF antibody, Humira."

Trademark(The Trademarks Act ,1999 )

Trademark is a :

1. Mark
2. Used in the course of business or trade 3. For goods and services 4. To give distinctiveness to goods or services Characteristics Must be graphically represented

Must be distinctive / distinguishable

Must not be descriptive Must not be deceptively similar to known /well-known marks

/Generics

Types of Trademarks
Word Mark

Device Marks (Signs,

Symbols, Logos) Collective Mark Certification Marks Service Marks

Row over Capsola Trademark

September 23, 2010

Ranbaxy Fine Chemicals Ltd(RFCL) vs Parth Parenta(PPPL)l and Pearl pharma (Both are Ahmedabad based companies) Parth Parenteral P. Ltd (PPPL) was manufacturing animal feed supplements under the brand name CAPSOLA for Ranbaxy since the year 2000. Ranbaxy further used it for plasters and bandages (under PPPL legal permission) After some time , RFCL sold this trademark to Pfizer without the consent of PPPL

Lamborghini vs. Dal Toro: A Battle of the Bull

1. the similarity in the overall impression created by the two marks

2.
3. 4.

the similarities of the goods and services involved

the strength of the plaintiffs mark; any evidence of actual confusion by consumers;

5.
6. 7. 8.

the intent of the defendant in adopting its mark;

the physical proximity of the goods in the retail marketplace; the degree of care likely to be exercised by the consumer; and the likelihood of expansion of the product lines.

Designs (Designs Act, 2000)

1. represents features of shapes, configuration, pattern, ornament, color or composition of lines.

2.

Such shape, configuration, pattern, ornament, color, or composition of lines should be applied to any article.

3. Such article may be two dimensional or three dimensional or both. 4. Any of these features may be one that is applied by any Industrial process or means which may be manual, mechanical, chemical, separate or combined. 5. And such an application of the aforesaid features in the finished article shall appeal to and judged solely by the ey 6. It does not include any trade mark as defined in clause (v) of subsection (1) of section 2 of the Trade and Merchandise Marks Act, 1958 or the property mark as defined in section 479 of the Indian Penal Code or any artistic work as defined in clause (c) of section 2 of the Copyright Act, 1957.

Controlled Pharmaceutical Dispenser

Copyright (The Copyright Act ,1957)

Copyright is an exclusive right exercised over a work produced by the intellectual labor of a person Objectives 1. Protection if individual commercial interest in an intellectual work 2. Protection of social interest

Copyright Includes
Artistic Work (painting, sculpture ,drawing ,etc )

Work of architecture
Calendar year Cinematographic film Computer programme Databases

Geographical Indications (G.I) [Geographical Indications of Goods (Registration & Protection) Rules, 2002]
Any indication that identifies a good as originating from a particular place , where a given quality , reputation or other characteristics of the good are essentially attributable to its geographical origin Promote Creativity and to Provide Incentives for creativity. Provide Access To Innovation to all significant stakeholders For Public Good. Imposes Obligations and creates Rights to optimize the potential of Government in R&D.

Examples
Kancheepuram silk

Darjeeling Tea
Kanchipuram Silk Alphanso Mango Nagpur Orange Kolhapuri Chappal Solapur chaddar Agra Petha

Goa Feni
Madhubani Paintings Kullu shawl

Trade Secrets
Every successful business has intellectual property, referred to as trade secrets a method, formula, device, process or any information that gives the business a unique competitive advantage over its competition. Example Coca cola recipe

IP Evolution
Property Right INTELLECT PROPERTY RIGHT Idea Expression COPYRIGHT Idea Innovation Invention PATENT Idea Quality + Reputation TRADEMARK Idea Appearance DESIGN Idea Keep Confidential No Disclosure
TRADE SECRETS
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International Convention for IPR protection

Paris Convention for Protection of Industrial Property 1967 ( 1989)

Berne Convention for the Protection of Literary and Artistic Works 1971 ( 1990)
Trade-related aspects of Intellectual Property Agreement 1994 ( 1995)

World Intellectual Property Organization (WIPO)

Bibliography
http://www.fiercepharma.com/story/court-ditches-18b-verdict-againstabbott/2011-02-24 http://indiatrademarks.blogspot.in/2010/09/row-over-capsolatrademark.html http://www.behance.net/gallery/Controlled-PharmaceuticalDispenser/6553229