GENERAL PRINCIPLES OF IP ,

CONCEPT OF IP , IPP , IPR and Its

PRSENTED BY SOFIYA BHOJANI

FACULTY OF PHARAMACY
THE MAHARAJA SAYAJIROA UNIVERSITY , BARODA
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INTRODUCTION
• Intellectual property (IP) refers to creations of the mind, such as
inventions; literary and artistic works; designs; and symbols, names
and images used in commerce.
• IP is protected in law by, for example, patents, copyright and
trademarks, which enable people to earn recognition or financial
benefit from what they invent or create. By striking the right balance
between the interests of innovators and the wider public interest, the
IP system aims to foster an environment in which creativity and
innovation can flourish.

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Intellectual property broadly means the legel right which results from
intellectual activity in the industry, scientific literary and artistic fields
Countries have laws to protect intellectual property for two main reasons,
one to give statutory expansion to the moral and economic right of creators
in their creations and the right of the public in access to those creations
The second is to promote,as a deliberate act of government policy creativity
and the dissemination and application of it's result's and to encourage fair
trading which would contribute to economic and social development
Intellectual property is traditionally divided into two branches, 'industrial
property and copy right'.

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What are intellectual property rights?
Intellectual property rights are the rights given to persons over the creations of their
minds. They usually give the creator an exclusive right over the use of his/her
creation for a certain period of time.
 Intellectual property rights are customarily divided into two main areas:* (i)
Copyright and rights related to copyright.*
The rights of authors of literary and artistic works (such as books and other
writings, musical compositions, paintings, sculpture, computer programs and films)
are protected by copyright, for a minimum period of 50 years after the death of the
author.
 Also protected through copyright and related (sometimes referred to as
"neighbouring") rights are the rights of performers (e.g. actors, singers and
musicians), producers of phonograms (sound recordings) and broadcasting
organizations. The main social purpose of protection of copyright and related rights
is to encourage and reward creative work.
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 ii) Industrial property.Industrial property can usefully be divided into two
main areas:
One area can be characterized as the protection of distinctive signs, in
particular trademarks (which distinguish the goods or services of one
undertaking from those of other undertakings) and geographical
indications (which identify a good as originating in a place where a given
characteristic of the good is essentially attributable to its geographical
origin).
The protection of such distinctive signs aims to stimulate and ensure fair
competition and to protect consumers, by enabling them to make
informed choices between various goods and services. The protection
may last indefinitely, provided the sign in question continues to be
distinctive. 6
Other types of industrial property are protected primarily to stimulate
innovation. design and the creation of technology. In this category fall
inventions (protected by patents), industrial designs and trade secrets.
The social purpose is to provide protection for the results of investment
in the development of new technology, thus giving the incentive and
means to finance research and development activities.A functioning
intellectual property regime should also facilitate the transfer of
technology in the form of foreign direct investment, joint ventures and
licensing.
The protection is usually given for a finite term (typically 20 years in
the case of patents).

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INTELLECT POPERTY PROTECTION

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 TYPES OF IP
PATENT

The word patent was coined from Latin term 'patent- em' meaning open. A
patent is a document issued by government to the inventor granting him
exclusive rights to make, sell, use, or import upon disclosure of the invention for
a definite period of time
An invention must, in general, fulfil the following conditions to be protected by a
patent.It must be: novel, non obvious, useful, and enable.
There are three types of patents: 1) Utility patents may begranted to anyone who
invents or discovers any new and useful process, machine, article of
manufacture, or composition of matter, or any new and useful improvement
thereof;
2) Design patents may be granted to anyone who invents a new, original, and
ornamental design for an article of manufacture; . 11
3) Plant patents may be granted to anyone who invents or discovers and
asexually reproduces any distinct and new variety of plant
In India, the patent act, 1970 governs the protection of inventions as
intellectual property.
 India intellectual property office located at Kolkata, Delhi, Mumbai and
Chennai receives applications and grants patents for invention.
The term of patent is for 20 yrs. from the date of filling.After 20 years patent
becomes off-patent
EX. NOVEL INJECTABLE ANTIMALERIAL COMPOSITIONS OF
ARTEMISININ is patented
Applicant: Dr. Dinesh shantual patel
patent granted date: 01-03-2006
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 TRADEMARK
Trademark is an indication of a product oriented from an individual or a
company signifying the quality of the product and distinguishes from its
competitor.
 A trademark is an alphabet, numerical, alpha numerical, device or a
combination of these.
Service mark is the same as a trademark except that it identifies and
distinguishes the source of a service rather than a productUse of TM
(trademark) or SM (service mark) designation with the mark to alert the
public to the claim
Trademark registry located at Mumbai, Kolkata, Delhi, Chennai,
Ahmedabad receives applications and registers the mark
The term of trademark is for 10years and renewed from time to time
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Collective marks as registered marks are issued to several
companies having same product with individual trade marks.
such collective marks indicate the product is fulfilling the quality
guidelines set by organization issuing the collective mark.
The symbol R indicates registered trademark TM symbol
indicates trademark under processing not registered

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 TRADESECRET
Trade secret is a formula, practice, process design, instrument, pattern,
commercial method, or compilation of information not generally known or
reasonably ascertainable by other by which a business can obtain an
economic advantage over competitors or customer.Trade secrets are also
called as 'know how.'Trade secrete may include: sales methods, distribution
methods, consumer's profiles, advertising strategies, list of suppliers and
clients, manufacturing processes.
One of the most famous examples of a trade secret is the formula for Coca-
Cola. The formula, also referred to by the code name "Merchandise 7X“
 In the past, you could not buy Coca-Cola in India because Indian law
required that trade-secret information be disclosed. In 1991, India changed
its laws regarding trademarks, and Coca-Cola can now be sold in the
country
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 GEOGRAPHICAL INDICATION
A geographical indication is a sign used on goods that have a specific
geographical origin and possess qualities or a reputation due to that place of
origin.Most commonly, a geographical indication consists of the name of the
place of origin of the goods. Agricultural products typically have qualities that
derive from their place of production and are influenced by specific local
geographical factors, such as climate and soil.
The use of geographical indications is not limited to agricultural products. They
may also highlight specific qualities of a product that are due to human factors
found in the product's place of origin, such as specific manufacturing skills
The term geographical indication for 10 years.
Examples of geographical indications are Mysore sandal soap, Tirupati basmati
rice etc
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 INTEGRATED CIRCUITS
Design layout of circuits of hardware is playing a critical role bringing out
especially electronic goods into more compact, aesthetic appearance.
 Such circuits are found to possess very high industrial application leading
to increase in business, economic growth of the country.In India, the
semiconductor integrated circuits layout design act, 2000 governs
registration of designs of circuits layouts.
 Semiconductor integrated circuit layout design registry located at New
Delhi receives applications and register the design of the layout of the
circuits.
 The criteria for registration of semiconductor integrated circuit layout
design are, the design layout should be original, not commercially
exploited, and distinctive.
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Department of information technology, ministry of
communications and information technology, government of
India implements the intellectual property of semiconductor
integrated circuit layout design in India.
The term of semiconductor integrated circuit layout design in
India is for 10years

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 DESIGNS
An industrial design refers to the ornamental or aesthetic
aspects of an article. A design may consist of three-dimensional
features, such as the shape or surface of an article, or two-
dimensional features, such as patterns, lines or colour.Industrial
designs are applied to a wide variety of industrial products and
handicrafts: from technical and medical instruments to watches,
jewellery and other luxury items; from house wares and
electrical appliances to vehicles and architectural structures;
from textile designs to leisure goods.
In pharmaceuticals, several tablet designs, packing designs are
protected as registration exclusivity.
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The term of design is for 10 yrs. and may be extended for
further 5 years
In Indian intellectual property offices receives applications and
register goods for their design
Under the class24, medicinal device designs are registered.
Examples of designs registered in pharmaceuticals include
tablet shapes blister packs and medicinal devices such as
intraocular lens, implantation device etc.

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 PLANT VARIETIES
 PLANT VARIETIESPLANT VARIETY PROTECTION & THE PURPOSE
 The Protection of Plant Varieties and Farmers Rights Act, 2001.The main aim of this Act is to
establish an effective system for the protection of plant varieties and, the rights of the breeders
and to encourage the development of new varieties of plants.
 CRITERIA FOR PROTECTING A PLANT VARIETYThe plant variety must be:
 Novel: if at the date of filing an application for registration for protection, the propagating or
harvested material of such variety has not been sold or otherwise disposed of in India earlier
than one year or outside India, in the case of trees or vines earlier than six years, or in any
other case earlier than four years, before the date of filing such application
 Distine: A variety should be clearly distinguishable by at least one essential characteristic from
existing or commonly known varieties in any country at the time of filing of the application.
 Uniform: A Variety must be sufficiently uniform in its essential characteristics.
 Stable: Essential characteristics of a variety must be stable after repeated propagation or in
the case of a particular cycle of propagation at the end of each cycle.

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 DURATION OF PROTECTION FOR A REGISTERED PLANT VARIETY* Trees and Vines:
18 Years
 Other crops: 15 Years.
 Extant Varieties: 15 Years from the date of notification of that variety by the Central
Government under Seed Act, 1966.PLANTS THAT ARE COVERED UNDER THE PPVFR
ACT
 As of now following 18 plant species can be registered under the Act.
 Cereals: Rice, Wheat, Maize, Sorghum, Pearl Millet.
 Legumes: Chickpea, Mungbean, Urdbean, Field Pea, Rajmah
 Lentil, Pigeon Pea.
 Fibre Crop:
 Four species of cotton namely Gossypium Arboreum L. and G. Herbaceum L.(Diploid
Cotton) and G. Barbadense L. and G. Hirsutum L. (Tertaploid Cotton)* Two species of Jute
(Corchorus Olitorius L. and C. Capsularis L.)
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 COPYRIGHT
 It is a right given by the law to creators of literary, dramatic, musical and artistic works
and producers of cinematograph films and sound recordings.
 Unlike the case with patents, copyright protects the expressions and not the ideas.
There is no copyright in an idea
 In India, the law relating to copyright is governed by the Copyright Act, 1957 which has
been amended in 1983, 1984, 1985, 1991, 1992, 1994, 1999 and 2012 to meet with
the national and international requirements.
 Literary, dramatic, musical or artistic works enjoy copyright protection for the life time
of the author plus 60 years beyond i.e. 60 years after his death.
 In the case of copyright in posthumous, anonymous and pseudonymous works,
photographs, cinematograph films, sound ad recordings, works of Government, public
undertaking and and international organisations, the term of protection is 60 years
from the beginning of the calendar year next following the year in which the work has
been first published.
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In India, the copyright Act, 1957 governs registration of a work
as a copyright.
Department of Higher education, Ministry of Human Resources
Development, Government of India implements the intellectual
property of protection of literacy and artistic work as copyrights.
 Applications are received at New Delhi office.
Several pharmaceutical text books, figures, questionnaires are
copyright protected either directly by the author or throught a
publisher.

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 Economic importance
Economic development is the increase in the standard of living in a nation's
population with sustained growth from a simple, low-income economy to a
modern, high-income economy
IPR could well increase economic growth and foster beneficial technical
change, thereby improving development prospects, if they are structured in
a manner that promotes effective and dynamic competition.
Intellectual property rights could play a significant role in encouraging
innovation, product development, and technical change to help in
development of the economy through low-cost imitation of foreign products
and technologies. However, inadequate IPR could stifle technical change
even at low levels of economic development because much invention and
product innovation are aimed at local markets and could benefit from
domestic protection of patents, utility models, and trade secrets.
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PATENT FILLING

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COPYRIGHT REGISTERATION WORK FLOW
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TRADEMARK REGISTRATION PROCESS

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 REFERENCES
www.ipindia.nic.in - Intellectual Property Office, India
www.patentoffice.nic.in - Patent office, India
http://copyright.gov.in/- Copyright Office, India
www.ipab.tn.nic.in - Intellectual Property Appellate Board, India
www.nipo.in - The Indian IPR Foundation
www.wipo.int - World Intellectual Property Organisation
http://www.wto.org - World Trade Organisatio

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