1. WHO PATENTS, INTELLACTUAL PRPERTY RIGHTS AND
ITS TYPES
PRESENTED BY:
Mr. Praveen Halagali
M.PHARM Ist sem (Industrial Pharmacy)
Department of Pharmaceutics
JSS college of Pharmacy Mysuru
UNDER THE GUIDANCE OF:
Dr. Amit B Patil
Associate Professor
Department of Pharmaceutics
JSS college of Pharmacy Mysuru
4. FACILITATING ACCESS TO PATENT INFORMATION
• Understanding the patent status of individual health products is
essential to the procurement process and the reliable access to
medicines.
• WHO works with Member States and partners on a number of
activities to assist in this process.
• WHO’s Global strategy and plan of action on public health, innovation
and intellectual property guides work on facilitating access to
databases containing information on health-related patents.
• It also promotes further development of similar global databases.
5. • Other activities aim to further the goal of a complete, accessible and clear source
for patent information.
• – For example, WHO South East Asia Region and Western Pacific Region
have published a guide on how to conduct patent searches for medicines to
introduce non-experts to the science of patent searches to facilitate the
procurement of the most cost-effective quality medicines.
• WHO and the World Intellectual Property Organization (WIPO) jointly developed
a patent landscape report that provides an overview on what is being patented in
terms of disease targets, who is doing the patenting, where patents are filed and on
how patent policies change over time.
• WHO also assists national health authorities and international organizations to
identify, on request, the patent status of specific health products in specific
jurisdictions.
6. • The Global Strategy and Plan of Action on Public Health, Innovation and
Intellectual Property identified the need to improve access to patent information
to facilitate the determination of the patent status of health products. It urges
stakeholders to:
– facilitate access to user-friendly global databases which contain public information
on the administrative status of health-related patents. This includes supporting
existing efforts for determining the patent status of health products, and to
– promote further development of such global databases including, if necessary,
compiling, maintaining and updating such global databases.
• WHO, in close collaboration with other relevant organizations and partners has
set up a number of activities in this context.
• WHO updates patent information on treatments for Hepatitis C
7. STEP-BY-STEP GUIDE ON PATENT SEARCHES FOR
MEDICINES
• The WHO South East Asia Region and Western Pacific
Region have published a guide on how to conduct patent
searches for medicines to introduce non-experts to the
science of patent searches to facilitate the procurement of
the most cost-effective quality medicines.
8. GLOBAL PATENT LANDSCAPE ON VACCINES
• To date, no comprehensive overview on patent trends in the field of vaccines exists. Under the
WHO Initiative for Vaccine Research and the WIPO Development Agenda, WHO and WIPO
jointly developed a patent landscape report that provides an overview on what is being patented
in terms of disease targets, who is doing the patenting, where patents are filed and on how
patent policies change over time.
• WIPO Patent Landscape Reports
• WIPO has produced a number of patent landscapes, including on the two essential medicines
ritonavir and atanazavir, and prepared a compilation of links to other health related reports.
9.
10.
11. Joint Technical Symposium
• Together with WIPO and WTO, WHO has organized a
joint technical symposium on access to medicines, patent
information and freedom to operate in 2011
• More information on the Symposium
12. Patent search reports on H1N1 and H5N1
• In the framework of the negotiations of a framework for the sharing of
influenza viruses and benefits, WIPO has, on request of WHO, contributed
two patent search reports:
Patent Search Reports on Pendamic Influenza Preparedness (PIP)-Related
Patents and Patent Applications, prepared on request of WHO, 2011
Working Paper: Patent issues related to influenza viruses and their genes,
commissioned by WHO, WIPO 2007
13. IDENTIFYING THE PATENT STATUS OF SPECIFIC
HEALTH PRODUCTS
• In collaboration with WIPO and other partners, WHO
assists national health authorities and international
organizations working in the field of health to identify, on
request, the patent status of specific health products in
specific jurisdictions.
14.
15. TRILATERAL COOPERATION ON INTELLECTUAL
PROPERTY AND PUBLIC HEALTH
• Since the adoption of the WHO Global Strategy and Plan of Action on Public Health,
Innovation and Intellectual Property, WHO, WIPO and WTO have intensified their
collaboration on public health and intellectual property.
• This Trilateral Cooperation is meant to foster a better understanding of the linkage between
public health and intellectual property policies and to enhance a mutually supportive
implementation of those policies. The three Secretariats have since worked together more
closely so that each can fulfill its own mandate more effectively, their initiatives support each
other, efforts are not duplicated, and resources are used efficiently, for example, in technical
assistance and capacity building.
• Global Challenges Brief on Trilateral Cooperation
• The three Organizations have started a range of joint activities that build upon each of the three
organizations’ specific mandates and programmes of activities.
18. What are intellectual property rights
What are the types of intellectual property rights
19. 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.
IPR is the body of law developed to protect the creative people who
have disclosed their invention for the benefit of mankind
This protects their invention from being copied or imitated without
their consent
20. • An investor having spent lots of money and efforts requires a
sort of protection for his IPR
• Such protection allows him to gain the deserved incentive for
his innovation/invention, IPR provides such protection
• IPR is the “ Legitimate rights of the inventor for the protection
of his intellectual property thus excluding others from
making, copying, selling or using his proprietary subject
matter
21. TYPES OF INTELLACTUAL PROPERTY RIGHTS
• Patent
• Copyright
• Trademark
• Industrial designs
• Protection of integrated circuit layout design
• Geographical indications of goods
• Biological diversity
• Plant varieties and farmers rights
• Trade secret / Undisclosed information
22. PATENT
A patent is a grant by a sovereign or a state to an inventor or to
his assignee giving exclusive right to make use exercise and vend
the inventions for a limited period of time, in exchange for a
disclosure in a patent specification
23. • The protection is granted for a limited period, i.e. 20 years
• The patent owner may give permission to, or license, other parties to use the invention on mutually
agreed terms.
• Once a patent expires, the protection ends, and an invention enters the public domain.
• All patent owners are obliged, in return for patent protection, to publicly disclose information on
their invention
24. EXAMPLES OF PATENTED PHARMA
FORMULATIONS
Drug Name
Generic Name (INN)
Brand Name Clinical Use Drug Class Regulatory Approval
Dolutegravir TIVICAY HIV Integrase Inhibitor USFDA, EMA
Raltegravir ISENTRESS HIV Integrase Inhibitor WHO-PQP, USFDA, EMA, DCGI
Elvitegravir VITEKTA HIV Integrase Inhibitor USFDA, EMA
Cobicistat TYBOST HIV
Pharmacokinetic
enhancer
USFDA, EMA
Tenofovir Alafenamide Fumarate HIV
Nucleotide Reverse
Transcriptase Inhibitor
–
25.
26. NEED FOR A PATENT
• To enjoy the exclusive rights over the invention
• To ensure commercial returns to the inventor for the time and money spend in generating new
product
• Giving a legal monopoly to the patentee to reap the economic benefits from his invention eg: Pfizer
– Sildenafil citrate
• Facilitating the improvements or providing the alternative approaches to develop the new ideas
or/and products
• Provides a new technical solution to practical problems
• Ensures protection for the invention to the original owner of the patent
27. COPYRIGHT
What is copyright?
Copyright (or author’s right) is
a legal term used to describe
the rights that creators have
over their literary and artistic
works. Works covered by
copyright range from books,
music, paintings, sculpture,
and films, to computer
programs,databases,advertise
ments, maps, and technical
drawings.
28. What can be Protected ?
• literary or dramatic work
• a musical work
• an artistic work
• a cinematograph film
• a sound recording
• a photograph
• a computer generated work
29. WHOSE RIGHTS ARE PROTECTED ?
Copyright protects the right of author, i.e. creator of intellectual properties.
he/she is also called the first owner of copyright.
however, in course of employment, the employer is the first owner of these rights.
30. EXAMPLE OF WORK PROTECTED BY COPYRIGHT
MUSICAL WORKS
• Copyright laws cover music just as much as they cover other kinds of work. When we speak of musical
works as a copyright example, what we’re talking about is the music, the words that go with the music,
and any other preexisting components of the music, such as an old tune or poem.
• This is a special category because the application for copyright protection for a work of music can be
influenced by the nature of the music you’re trying to protect. For instance, while a songwriter who writes a
specific song is a legitimate author of the musical work, the producer who produces the beats to the song
is also an author, in this case of the sound recording.
• When an author records music and puts it on a DVD, for example, then the DVD is considered a
phonorecord of both the lyrics to the song and the sound recording that was produced by the producer.
According to copyright law, if you copy that music without authorization, you are potentially infringing on
two copyrights: the copyright on the lyrics held by the artist and the copyright on the beats held by the
producer.
31. WHAT RIGHTS DOES COPYRIGHT GIVE ME?
WHAT ARE MY RIGHTS AS AUTHOR OF A WORK?
There are two types of rights under copyright:
Economic rights = which allow the rights owner to derive financial reward from the use of their
works by others; and
Moral rights = which protect the non-economic interests of the author.
32. CAN I REGISTER COPYRIGHT?
• In the majority of countries, and according to the Berne
Convention, copyright protection is obtained automatically
without the need for registration or other formalities.
• Most countries nonetheless have a system in place to allow for
the voluntary registration of works. Such voluntary registration
systems can help solve disputes over ownership or creation, as
well as facilitate financial transactions, sales, and the
assignment and/or transfer of rights.
33. How can I obtain certified proof of existence for
my creative work?
Using WIPO PROOF complements voluntary
copyright registration systems by offering creators
the possibility of recording and digitally certifying
possession of the work. This digitally encrypted
proof, which cannot be modified, can certify the
existence of the work at a moment in time.
34. TRADEMARK
Definition:
“A trademark is any sign that individualizes the goods of a given enterprise and distinguishes
them from the goods of its competitors.”
A trademark is a type of intellectual property, and typically a name, word, phrase, logo,
symbol, design, image, or a combination of these elements.
35. SIGNS WHICH MAY SERVE AS TRADEMARK
Words:
This category includes company names, surnames, forenames, geographical names and any
other words or sets of words, whether invented or not, and slogans.
Letters and Numerals:
Examples are one or more letters, one or more numerals or any combination thereof.
Devices:
This category includes fancy devices, drawings and symbols and also two dimensional
representations of goods or containers
36. Colored Marks:
This category includes words, devices and any combinations thereof in color.
Three-Dimensional Signs:
A typical category of three-dimensional signs is the shape of the goods or their packaging
39. Essential Features Of Trademark
• It should be distinctive
• TM should preferably be an invented word.
• It should be easy to pronounce and remember if it is word mark.
• In case of a device mark -should be capable of being described by a single word.
• It was be easy to spell correctly and write legibly.
40. • It should not be descriptive.
• It should be short.
• It should not belong to the class of marks prohibited for
registration.
• It should satisfy the requirements of registration.
41. MARKS RELATED TO TRADEMARK
SERVICE MARKS:
Where a trademark is used in connection with services, it may be called “service mark”.
Service marks are used by hotels, restaurants, airlines, tourist agencies,
COLLECTIVE MARK
A Trade mark distinguishing the goods or services of members of an association of persons not being
partnership firm from those of others”
The proprietor of the mark is the association.
The goods and services of a company or group of companies like GODREJ or HINDUSTAN UNILEVER
LTD. may be the subject matter of collective Trade mark.
42. CERTIFICATION TRADEMARK
There is a species of trade mark called as Certification Trade mark.
Its function is to indicate that the proprietor of the mark has certified the
goods bearing the mark as to certain characteristics of the goods.
e.g. Geographical origin, ingredients and so on such as ISI, AGMARK,
FPO
43. OBJECTIVES OF THE TM ACT,1999
Developments in trading and commercial practices
Increasing globalization of trade and industry
The need to encourage investment flows and transfer of technology
Need for simplification & harmonization of trade mark management systems
To give effect to important judicial decisions
44. INDUSTRIAL DESIGNS
• Protects the artistic aspect (namely, texture, pattern, shape) of an object instead of the technical
features
• The term of protection (amount to at least 10 years)
• ‘Amount to’ allow the term to be divided into two periods (for example two periods of five years)
• The third party is prohibited from making, selling or importing articles bearing a design which is a
copy of the protected design, when such acts are undertaken for commercial purposes.
• Exception: optional mandate, if introduced then such exceptions do not unreasonably conflict with
the normal exploitation of protected industrial designs and do not unreasonably prejudice the
legitimate interests of the owner of the protected design
47. ESSENTIAL REQUIREMENTS FOR THE REGISTRATION
OF ‘DESIGN’ UNDER THE DESIGNS ACT, 2000
Design should be new or original.
Design should not previously published or used in any country before the date of
application for registration.
Design should relate to features of shape, configuration, pattern or ornamentation
applied or applicable to an article.
Designs should be of artistic nature like painting.
48. DESIGNS WHICH ARE NOT REGISTRABLE UNDER THE
ACT
• A design which is not new or original;
• Design has been disclosed to the public anywhere in India or in any other country by
publication in tangible form or by use in any other way prior to the filing date, or where
applicable, the priority date of the application for registration; or
• Design is not significantly distinguishable from known designs or combination of known
designs; or
• A Design comprises or contains scandalous or obscene matter, shall not be registered
49.
50. SEMICONDUCTOR INTEGRATED CIRCUITS LAYOUT
DESIGN:
• Semiconductor Integrated Circuit means a product having transistors and other circuitry
elements, which are inseparably formed on a semiconductor material or an insulating
material and designed to perform an electronic circuitry function.
• The layout-design of a semiconductor integrated circuit means a layout of transistors
and other circuitry elements. The layout of transistors on the semiconductor integrated
circuit or topography of transistors on the integrated circuit determines the size of the
integrated circuit as well as its processing power. That is why the layout design of
transistors constitutes such an important and unique form of intellectual property
fundamentally different from other forms of intellectual property like copyrights, patents,
trademarks and industrial designs.
51. CRITERIA FOR REGISTRATION OF CHIP LAYOUT DESIGN
A layout desin that is:
Original
It must be inherently distinctive from others.
Not commercially exploited anywhere in India or convention / reciprocal country.
Inherently capable of being capable of being distinguishable from any other
registeredlayout design.
DURATION OF REGISTRATION
period of 10 years counted from the date of filing an application for registration or fromthe
date of first commercial exploitation anywhere in India or in any convention country
orcountry specified by Government of India whichever is earlier.
52. GEOGRAPHICAL INDICATIONS:
• It is an indication.
• It originates from a definite geographical territory.
• It is used to identify goods having special characteristics originating from a definite
geographical territory
• It is used to identify agricultural, natural or manufactured goods.
• The manufactured goods should be produced or processed or prepared in that
territory.
• It should have a special quality or reputation or other characteristics
54. • Tirupathi laddu
• Kolhapuri chappal
• Nanjangud banana
• IN WORLD
• Canadian whisky
• Swiss watches
• Florida oranges
• Champagne
• Tequilla.
55. WHO CAN APPLY FOR THE REGISTRATION OF A
GEOGRAPHICAL INDICATION?
• Any association of persons, producers, organization or authority established by or under
the law can apply
• The applicant must represent the interest of the producers
• The applicant should be in writing in the prescribed form
• The applicant should be addressed to the Registrar of Geographical Indications along
with prescribed fee
56. IMPACT OF GIS ON DEVELOPING COUNTRIES
• Encourages rural development.
• Facilitates market access.
• Saves local natural resources .
• Plays an important role in the preservation of cultural identity.
57. BIOLOGICAL DIVERSITY
• Biological Diversity means the variability among living organisms from all sources and theecological
complexes of which they are part and includes diversity within species or betweenspecies and of eco-
systems
Biodiversity Act, 2002
• India enacted The Biological Diversity Act, 2002 and The Biological Diversity Rules, 2004 tofulfill its
commitments in the Convention on Biological Diversity and in the CartagenaProtocol on B.
• PROTECTION OF PLANT VARIETIES AND FARMERS RIGHTS
A plant variety represents a more precisely defined group of plants, selected from within aspecies, with a
common set of characteristics
The Protection of Plant Varieties and Farmers' Right Act, 2001
Act has been enacted to provide for the establishment of an effective system for protection ofplant varieties,
the rights of farmers and plant breeders and to encourage the development ofnew varieties of plants
58. • The objectives of the Act are
To establish an effective system for protection of plant varieties, the rights of farmers and plant breeders and to encourage the development of new varieties of
plants.
To recognize and protect the rights of the farmers..
Conserving, improving and making available plant genetic resources for the development of new plant varieties
To protect plant breeders' rights to stimulate investment for research and developmentboth in the public and private sector for development of new plant
varieties
.To facilitate the growth of seed industry in the country that will ensure the availability ofhigh quality seeds and planting material to the farmers.
The application for protection under the Act can be made by any of the following persons:
Any person claiming to be the breeder of the variety.
Any successor of the breeder of the variety.
Any person being the assignee or the breeder of the variety in respect of the right tomake such application
.Any farmer or group of farmers or community of farmers claiming to be breeder of thevariety.
Any person authorized to apply on behalf of farmers.
.
59. • 3.8.2 CRITERIA FOR REGISTRATION OF NEW VARIETY
• Novelty - A new variety is deemed to be novel if, at the date of filing of the application
forregistration for protection, the propagating and harvested material of such variety has
notbeen sold or otherwise disposed of before the date of filing of the application.
• Distinctiveness: A new variety is distinet if it is clearly distinguishable by at least
oneessential characteristic from any other variety whose existence is a matter of
commonknowledge in any country at the time of filing of the application.
• Uniformity: A new variety is uniform if subject to the variation that may be expected
fromthe particular features of its propagation it is sufficiently uniform in its
essentialcharacteristics.
• Stability: A new variety is stable if its essential characteristics remain unchanged
afterrepeated propagation or, in case of a particular cycle of propagation, at the end of
each suchcycle
60. DURATION OF PROTECTION OF A REGISTERED PLANT VARIETY
The duration of protection of registered varieties is different for different crops
which are as below:
• For trees and vines - 18 years.
• For other crops - 15 years.
• For extant varieties - 15 years from the date of notification of that variety by the
Central
61. TRADE SECRET / UNDISCLOSED INFORMATION
• Trade secret is any sort of confidential and sufficiently valuable information that can be usedin
business or other concern. The said information can provide an actual or potentialeconomic
advantage over others.
• Trade Secrets may consist of any formula, pattern, device or compilation of informationUsed in
one's business and which helps to obtain advantage over competitors who don'tKnow or Use it
TRADE SECRETE MAY BE:
• Chemical compound.
• Process of manutacturing.
• Treating or preserving materials.
• A Pattern a machine or other devices.
62. • A computer program.
• List of Customer design drawings.
Trade secretes law addresses the issue of employee treedom to accept a
new position whichmay be subject to restriction that trade secrets o the
tormer employer may be protected.Trade secrete protection exists as
long as information is Kept Secrete or confidential by itsOwner and is
not lawfully and independently obtained by others.
63. REFERENCE
https://www.who.int/activities/facilitating-access-to- patent-information
A Text of intellectual property rights
Google – copyright slideshare
https://www.itu.int/en/ITUT/ipr/Pages/default.aspx#:~:text=Intellectual%20Property%20Righ
ts%20(IPRs)%20are,copyrights%2C%20marks%20and%20trade%20secrets
https://www.slideshare.net/altacitglobal/design-patent-and-utility-patent
https://www.investopedia.com/terms/p/patent.asp#:~:text=The%20three%20types%20of%2
0patents,for%20plants%20that%20can%20reproduce.
https://www.mybscit.com/cyber-law/objectives-of-patent-law-cyber-law-unit-1
