About Author:
Eswara murali S,
M.S PHARM.,
National Institute Of Pharmaceutical Education and Reseach (NIPER)
IICB (CSIR)
Kolkata, India
Abstract:
Intellectual Property Rights(IPRs) are becomming an essential knowlede for the all types of subjects espicially for the pharma students and researchers. If want to run with the compition in the world one should get the knowledge and utilise these IPRs, if you want to get benifit from these IPRS, you not need to be an IPR expert, at least having a basic knowledge is sufficient to enjoy the benifits of IPRs, espicially PATENTS for pharma students.
Reference ID: PHARMATUTOR-ART-1216
Introduction to IPRs:
Intellectual Property Rights(IPRs) are LEGAL rights which are granted to a person for CREATIONS of the mind or intellect which have commercial value. ”
Why the word Property?
* IPRs also has commercial value & can be BOUGHT and SOLD.
* It Is Intangible.
• Essential features which define Property:
* Documentation
* Legally authorized gov. issuing agency
* Description
* Ownership
* Time duration
* Fee
* Commercial value.
Why IPRs are important?
• “The person who has put in ORIGINAL EFFORT must be REWARDED.”
• To Encourage INNOVATION and CRETIVITY.
* If IPRs Not There Who Is The Looser???
* Your invention was copied by others & they get credit, will you be motivated for another NEW INVENTION???
* So PROTECTION is required for the creations of mind.
Mechanisms for IPP(intellectual property protection)
Is it possible to have only one mech. To protect all creations of mind?
1. Patents
2. Copyright
3. Trademark
4. Industrial designs
5. Layout designs of integrated circuits
6. Geographical indications
7. Registration of plant varieties
8. Trade secrets.
PATENTS:
“ A patent is an exclusive right granted by the gov. to the original inventor/developer/researcher of an invention, which prohibits others from making, using or selling that invention. “
What is patentable?
As per Indian patent act 1970, MUST satisfy 3 basic criteria:
1) Novelty
2) Inventive step (involve some effort)
3) Industrial application (not be only theoretical).
Benefits:
* Grant of exclusive rights, encourages new invention.
* Apart from profitability, respect and recognition.
Precautions:
* Patents granted for specified period, must be kept alive by payment on regular basis.
Term: 20 years
Registration:
* Patent application in India consist of 4 forms(form 1, 3, 5, 18)
* At 4 places in India
Kolkata (head office), Mumbai, Chennai & Delhi.
How long does it take to get a patent?
* Normal route: approx. 30 months
* By fast route: approx. 12-15 months.
Is it possible to Protect your invention in a number of countries?
* By ‘patent co-operation treaty (PCT) ’- 140 countries.
What is ‘convention patent application’ ?
* 176 countries designated by India as convention countries.
Some other terms of patents:
* design patent
* Utility patent
* Patent of addition
* Divisional patent.
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COPYRIGHTS:
“Copyrights are a set of exclusive rights granted by law to the creators and procedures of forms of creative expressions such as literary, musical and cinematographic works.”
Best forms: authored & edited books.
Can’t be reproduce without the permission of person.
It got only limited protection.
Benefits:
* Protection from copying
* Commercial value
* Recognition.
Precautions:
* Copyright rules….update yourself.
* Aware of loopholes.
e.g.: In biotechnology, wobble sequence.
Term: life time of author and 50 years after his death.
Registration at Delhi.
TRADEMARKS:
“ A trade mark 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 or sold by others.”
All pharmaceutical products should bear distinctive trademarks.
Benefits:
* Quickly recognized symbol
* Enhances market value
* Maintain particular level of excellence
So that they have significant commercial value and must be protected.
Precautions:
* Must be proper i.e., used as an adjective followed by noun describing product.
* Duration may vary from country to country.
Term: 10 years & renewed.
Registration at Mumbai.
IPRs Vs Regulatory Issues:
“The emergence of WTO & signing on agreement on TRIPS made industry realize that without adequate knowledge on these areas, becoming a global player is not possible.”
IPRs :
• These are rights associated with property which is intangible, but it has commercial value.
• This will expire after time period.
• These are not compulsory for person or organization.
• Giving protection to invention and encourage person.
Regulatory Issues:
• These are laws which have to be followed and complied with.
• But these never expire as long as mfg. is going on.
• These are compulsory for manufacturing products.
• Ensures safety and quality of products.
Significance of IPRs for research:
1. Prevent duplication of work.
- Searching patent data bases.
- save precious time and money.
2. Help researchers to focus on commercial relevant research.
- What is ‘HOT’ & what is ‘NOT’.
- Patent work not present in journals.
3. Prevent exploitation of work.
- By enabling ‘legal rights’ to inventor.
4. Help in revenue generation.
5. Important source of technical information.
- Unlikely to be available anywhere else.
6. Stimulate creativity.
- Impose challenges for researchers.
7. Prevent infringements & help to avoid litigation.
8. Help in identification of career for opportunities.
- Knowledge of IPRs can help to locate industries working in specific area.
Conclusion:
Lack of IPRs knowledge causes the duplication of work there by causes time and money waste, and lose of various opportunities.
“ The Pharma students and researchers must know about these IPRs, which can help to improve their research, better innovation and better career opportunities.”
Reference:
IPR hand book for Pharma students and researchers by Parikshit Bansal.
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