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INTELLECTUAL PROPERTY PROTECTION (IPP)
PRESENTED BY
SURIYAPRIYA .K
DEPARTMENT OF PHARMACEUTICAL ANALYSIS
PHARMACEUTICAL VALIDATION
KMCH COLLEGE OF PHARMACY
COIMBATORE
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OVERVIEW
 INTELLECTUALPROPERTY
 INTELLECTUALPROPERTYLAW
 INTELLECTUALPROPERTYRIGHTS
 INTELLECTUALPROPERTYPROTECTION
 WIPO(WORLDINTELLACTUALPROPERTYORGANISATION)
 PATENT
 COPYRIGHT
 TRADEMARK
 GEOGRAPHICALINDICATION
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INTELLECTUAL PROPERTY
MEANING OF IP :
IP is an intellectual work which is produced by the intellect of human brain . It is a product of
human creation. Intellectual Property comprises into different distinct forms:
EXAMPLE : Literary work
Musical work
Industrial work
Inventions etc..
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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 provide protection for creations and inventions.
 To enable creators and inventors to earn recognition and financial benefit from their work.
 Example : recordings, movies, books, articles, diagrams, photos, website content and
software applications.
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WHAT IS INTELLACTUAL PROPERTY LAW ?
 Our legal system provides certain rights and protections for owners of property.
 The kind of property that results from the fruits of mental labor is called intellectual
property.
 Rights and protections for owners of intellectual property are based on federal patent,
trademark and copyright laws and state trade secret laws.
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In general:
Patents protect inventions of tangible things
Copyrights protect various forms of written and artistic expression
Trademarks protect a name or symbol that identifies the source of goods or services.
It is important to note that patents, trademarks, and copyrights constitute the basis on
which the underlying intellectual property may be protected in law .
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 WIPO ( World Intellectual Property Organization ) was established by the WIPO
Convention in 1967
 The WIPO is a specialized agency of the United Nations.
 It promote the protection of IP throughout the world.
 Its headquarters are in Geneva, Switzerland
WIPO (WORLD INTELLECTUAL PROPERTY ORGANIZATION )
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WHY DO WE NEED TO PROTECT IPR ?
 The protection of Intellectual Property Rights (IPR) is important ,
1. For the economy and ,
2. For its further growth in areas (research, innovation and employment)
 Effective IPR enforcement is also essential to health and safety. ...
 For these reasons, IP rights are worth protecting, both domestically and
internationally.
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As compared to other types of intellectual property, patents are among the most valuable, costly, and
difficult to obtain.
WHAT IS THE MOST IMPORTANT IN THE INTELLECTUAL PROPERTY ?
WHEN WAS IPR INTRODUCED IN INDIA ?
In India, intellectual property rights recognised under statute are:
The Patents Act, 1970
The Trade Marks Act, 1999
The Copyright Act, 1957
The Designs Act, 2000
The Geographical Indications of Goods (Registration & Protection) Act, 1999
The Semiconductor Integrated Circuits Layout Design Act, 2000
The Biological Diversity Act, 2002
The Protection of Plant Varieties and Farmers' Rights Act, 2001
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IP
PATENT
COPY
RIGHT
TRADE
MARKS
TRADE
SECERET
DESIGN
GEOGRAPH
ICAL
INDICATION
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For every individual improved mechanism
For music ,arts etc…
Brand name or logo for goods and services.
The client list ,formula for a product
For outer shape and contour/configuration
copyright
patent
Trademark
Trade secrets
Design
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“Literary & Artistic Works”
They are books, paintings, musical compositions, plays, movies, radio/tv
programs, performances, & other artistic works.
How are they Protected?
Protected by “COPYRIGHT”
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“Industrial Property”
Industrial Property describes physical matter that is the product of an idea or
concept for commercial purposes.
How are they Protected?
By Patented objects
By Trademarks
By Industrial Designs
By Trade Secrets
By Layout-designs
By Geographical Indications
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PATENT
A patent is the granting of a property right by a sovereign authority to an inventor.
WHAT ARE THE THINGS ARE PATENTABLE ?
 A product
 The apparatus for producing the product
 The process
 The composition of matter
WHAT ARE NOT PATENTABLE ?
a. Computer programme
b. Medical and Surgical treatments
c. Mathematical methods
d. Business methods
e. Discoveries
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FORMS REQUIRED FOR PATENT REGISTRATION :
Form 1: Application for Grant of Patent.
Form 2: Provisional / Complete Specification.
Form 3: Statement and Undertaking under Section 8
Form 5: Declaration as to Inventor-ship
Form 26: Power of Attorney (if filed through Patent Agent)
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A PATENT PUBLICATION
Filing of patent application
Formal Examination
Publication of Application
Search and Substantive Examination
Grant and Publication
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PATENT RENEWAL PROCESS OF INDIA
 (Section 53, Rule 80 of the Indian Patents Act).
 This can be done by the payment of Patent Renewal Fees diligently during
the lifetime of the patent i.e. 20 years. ...
 The patentee can even pay advance renewal fee for 2 years or more as per
the Indian Patents Act.
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IS A PATENT GRANTED IN ONE COUNTRY IS ENFORCEABLE IN
OTHER COUNTRY
 No, there is nothing like a global patent or a world patent.
 Patent rights are essentially territorial in nature.
 Granting a patent in one country of the Union does not force
other countries to grant the patent for the same invention.
 The refusal of the patent in one country does not mean that it
will be terminated in all the countries
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Types of Pharmaceutical Patents in India
 Drug compound patent
 Formulation/composition patent
 synergistic combination patent
 Technology patent
 Polymorph patent
 Biotechnology patent
 Process patent
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COPYRIGHT
 The Indian CopyrightAct,1957 governs the system of copyrights in India.
 [Amended in 1982, 1984, 1992, 1994 & 1999]
 Meaning : It is a right which Grants protection to the unique expression of Ideas.
ORIGIN
 The term origin in the copyright law means that the work originated with the author.
 There is no requirement for novelty or uniqueness as there is in patent law.
 Copyright law protects the expression of an idea.
 Not the idea itself. KMCH College of Pharmacy 20

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WHAT IS COVERED BY COPYRIGHT ?
LITERARY FILM MUSIC
ARTISTIC SOUND RECORDING sculptural works
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WHAT IS NOT COVERED BY COPYRIGHT ?
 Ideas
 Facts
 Recipes
 Works lacking originality (e.g. The phone book)
 Names, titles or short phrases
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REGISTRATION AND DURATION OF COPYRIGHT
 Register a copyright by completing a simple application form, along with the appropriate fee.
 Need not send a copy of your work,
 It may appear with the same title, but if each work has been created independently, each will
have its own copyright protection.
Copyright lasts for ,
 Authors lifetime + 50 years from the end of the calendar year in which the author dies.
 50 years for films and sound recordings.
 25 years for typographical arrangements of a published edition.
 Copyright protection always expires on December 31 of the last calendar year of protection.
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INFRINGEMENT OF COPYRIGHT AND PENALITIES
 Any reproduction, use , distribution, performance, etc. of the work without the
permission of the owner.
 An identical or substantial similar reproduction is also covered.
 Infringement – Damages – Injunction.
 The minimum punishment for infringement of copyright is imprisonment for six
months with the minimum fine of Rs. 50,000/-
 In the case of a second and subsequent conviction the minimum punishment is
imprisonment for one year and fine of Rs. one lakh.
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TRADEMARK
• It is covered under the Act called the Trade Marks Act, 1999.
• The Act came into effect on September 15, 2003.
• It replaced the Trade and Merchandise Marks Act, 1958.
• It extends to the whole of India.
It shall come into force on such date as the Central Government may publish, by notification
in the Official Gazette
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TO BE CONTINUED ,
 A symbol, logo, word, sound, color, design, or other device that is used to identify a
business or a product in commerce.
 Different Symbols are :
 ™ Intent to use application filed for product
 SM Intent to use application filed for services
 ® Registered trademark
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INFRINGEMENT AND PENALITIES
 Under Section 29 of the Trademarks Act, 1999.
 When an unauthorized person uses a trademark that is 'identical' or 'deceptively similar' to
a registered trademark .
 Section 103 and 104 provides for imprisonment for a term not less than six months.
 Punishment extends from 6 months to 3 years.
 A permanent bans on engaging in commercial activities .
 Fined not less than fifty thousand rupees which may extend up to two lakh rupees.
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DURATION AND FEE FOR TRADEMARK
 Trademark is valid for 10 years from the date of application which may be renewed for
further period of 10 years on payment of prescribed fees.
 Service mark Rights are reserved exclusively for owners for 17 year & it can also be
renewed.
 The Govt. fees is Rs. 2,500 for each class of goods or services.
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GEOGRAPHIC INDICATIONS
 An indication used to identify agricultural, natural or manufactured goods originating
from a definite territory in India.
 It should have a special quality or characteristics or reputation based up on the climatic
or production characteristics unique to the geographical location.
 The registration of a geographical indication is from a period of 10 years.
 Renewal is possible for further period of 10 years each.
Examples : Kancheepuram silk , Darjeeling Tea, Solapur Chaddar, Mysore Silk, kullu
Shawl etc
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WHAT ARE COVERED BY GEOGRAPHICAL INDICATION ?
 Geographical origin and possess qualities
 Qualities, characteristics or reputation of the product
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WHAT ARE NOT COVERED BY GEOGRAPHICAL INDICATION ?
 scandalous or obscene matter
 Section of any citizen
 Religious susceptibilities
 Generic names
 False representation that goods originate in another territory , region , locality etc
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INFRINGEMENT AND PENALITIES
 If a person is falsely representing a Geographical Indication as registered, then a
person shall be punished with imprisonment.
 Which may extend till three years
Or
 He has to pay a fine which may extend to two lakhs rupees or he may have to do both,
 Which depends on the seriousness of the offence.
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CAN GOEGRAPHICAL INDICATION IS LICENSED ?
1. Geographical indication cannot be assigned or licensed .
2. Because it is used by any persons in the area of origin, who produces the good
according to specified standards
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 2021American intellectual property law association website
 https://www.mondaq.com/india/trademark/901982/intellectual-property-rights
 https://ipindia.gov.in/form-and-fees.htm
 www.google.com
 Book of Intellectual Property Rights by Dr. Meenu Pandey and Dr.Prabhat Pandey
,Published byTechnical Publications.
REFERENCE
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