This document provides an introduction to intellectual property rights (IPR) in India. It discusses the main types of IPR which include patents, trademarks, copyright, industrial designs, and geographical indications. For each type of IPR, it describes what can be protected, requirements for protection, duration of protection, and provides examples. It also discusses key acts governing IPR in India and concludes with a case study related to a patent dispute over the drug Sitagliptin between drug companies Merck and Glenmark.

1. INTRODUCTION TO INTELLECTUAL PROPERTY RIGHTS
(IPR)

2. INTRODUCTION
• Intellectual Property Right is exclusive right is granted by government
of India for protection originality of work of inventor. Simple
intellectual property right is intangible creation of human mind.
• intellectual Property right includes in Patent, Trademark, Trades
crates, Industrial design, Layout design and Copyright oriented rights.
Intellectual right is important for maintaining the quality, safety,
efficacy of any Pharmaceutical product and services. It is certification
authority and standard authority for certification and identification of
product in would wide market.

3. OBJECTIVES OF IPR
• Intellectual property Right (IPR) is a term used for various legal
entitlements which attach to certain types of information, ideas, or
other intangibles in their expressed form.
• The holder of this legal entitlement is generally entitled to exercise
various exclusive rights in relation to the subject matter of the
Intellectual Property.
• The term intellectual property reflects the idea that this subject matter
is the product of the mind or the intellect, and that Intellectual
Property rights may be protected at law in the same way as any other
form of property

4. 1. INDUSTRIAL PROPERTY
• An intellectual property having direct relation to industries is
industrial property.
 Inventions
 Trademarks
 Industrial Designs
 Geographical Indications

5. 2. COPYRIGHT AND RELATED RIGHTS
• Copyright is a legal term describing rights given to creators for their
literary and artistic works. The kinds of works covered by copyright
include: literary works such as novels, poems, plays, reference works,
newspapers and computer programs; databases; films, musical
compositions, and choreography; artistic works such as paintings,
drawings, photographs and sculpture; architecture; and
advertisements, maps and technical drawings.
• registering a copyright provides evidence that copyright subsists in the
work & creator is the owner of the work. Creators often sell the rights
to their works to individuals or companies best able to market the
works in return for payment.

6. ACTS GOVERNING THE VARIOUS IP RIGHTS
1. Patents : The patents Act 1970.
2. Trade Marks : Trade and Merchandise Act 1958.
3. Copyright including computer program right: the copyright act,
1957.
4. Geographical Indications: Geographical Indications of goods (
Registration and protection ) Act, 1999.
5. Industrial Designs: The industrial Designs act, 2000.
6. Biodiversity: Biological Diversity Act,2002.

7. • Subject matters and main field of Application of Intellectual property
Rights:
Types of Intellectual
property Rights
Subject Matter Main field
Patents New. Non-obvious,
industrial applicable
Chemicals, drugs,
plastics, engines,
turbines, electronics.
Trademarks Signs and symbols to
identify goods and
services
All industries
Copyrights Original work of
authorship
printing, entertainment,
software, broadcasting

8. PATENT
• A patent is an exclusive right granted for an invention, which is a
product or a process that provides a new way of doing something, or
offers a new technical solution to a problem. It provides protection for
the invention to the owner of the patent. The protection is granted for
a limited period, i.e. 20 years.
• Patent protection means that the invention cannot be commercially
made, used, distributed or sold without the patent owner's consent.

9. • A patent owner has the right to decide who may - or may not - use the
patented invention for the period in which the invention is protected.
The patent owner may give permission to, or license, other parties to
use the invention on mutually agreed terms. The owner may also sell
the right to the invention to someone else, who will then become the
new owner of the patent.
• Once a patent expires, the protection ends, and an invention enters the
public domain, that is the owner no longer holds exclusive rights to
the invention, which becomes available to commercial exploitation by
others. All patent owners are obliged, in return for patent protection,
to publicly disclose information on their invention in order to enrich
the total body of technical knowledge in the world.

10. • What Can Be Patented?
 Product, Process, Machine, Manufacture, Composition of Matter.
Why one should go for getting patent?
 Patent assume a very great importance in all market based economies
since they provide necessary legal protection for newly developed
products and processes.
 The basic idea behind patent is to ensure commercial returns to the
inventor for the time and money spend in generating a new product.

11. • An invention is patentable only when it fulfills the criteria of
1. Novelty
2. Non-obviousness
3. Usefulness.
Types of patents:
Independent patent
Patent of an addition ( to some prior content).

12. • TRADE MARKS
• A trademark is a distinctive sign that identifies certain goods or
services as those produced or provided by a specific person or
enterprise. It may be one or a combination of words, letters, and
numerals. They may consist of drawings, symbols, three- dimensional
signs such as the shape and packaging of goods, audible signs such as
music or vocal sounds, fragrances, or colors used as distinguishing
features.
• Trade uses the trademarks to distinguish his/her products or services
from those of the competitors and serves to establish goodwill with
the consumers.

13. • The functions of the trademarks:
1. To identify the goods and their origins.
2. To serve as a guarantee of unchanged quality goods.
3. To act as a marketing and advertising device.
4. It is very useful in the competitive market.
 The popular example of the trademarks are COCO Cola, Pepsi,
Infosys, HDFC, ICICI.

14. • INDUSTIAL DESIGN
• When new products were invented, the need for patent was felt to
preserve the genius in invention.
• With passage of time, the invented products were developed in better
aesthetic designs that were more appealing to the eyes of the
consumer.
• This was also a very important element for the marketability of the
product.
• The subject matter of the legal protection of industrial design is not
the article or product but the design that is applied to or embodied in
such article or product.

15. • Industrial designs refer to creative activity, which result in the
ornamental or formal appearance of a product, and design right refers
to a novel or original design that is accorded to the proprietor of a
validly registered design. Industrial designs are an element of
intellectual property. Under the TRIPS Agreement, minimum
standards of protection of industrial designs have been provided for.
• As a developing country, India has already amended its national
legislation to provide for these minimal standards.

16. • GEOGRAPHICAL INDICATIONS
 Geographical indication is an indication which identifies such goods
as agricultural goods, natural goods or manufactured goods as
originating or manufactured or processed in the territory of a country
or locality in that country.
 Quality, other characteristics and reputation of such goods are
attributable to its geographical origin.
 If such goods are manufactured goods, one of the activities of
production should take place in such territory, region or locality.

17. • Some of the examples of geographical indications are as below:
1. Darjeeling Tea
2. Puneri Pagdi
3. Paithani Sarees.
The office for the registration of Geographical indications for whole of
India is located at Chennai.
The registration is valid for the period of 10 years and can be renewed
from time to time.

18. • COPYRIGHT
• Copyright is a legal term describing rights given to creators for their
literary and artistic works. The kinds of works covered by copyright
include: literary works such as novels, poems, plays, reference works,
newspapers and computer programs; databases; films, musical
compositions, and choreography; artistic works such as paintings,
drawings, photographs and sculpture; architecture; and
advertisements, maps and technical drawings.

19. • Copyright means the exclusive right given by the law to do or
authorize to do certain acts in relation to-
i. Original literary, dramatic, musical and artistic work.
ii. Cinematograph films and
iii. Sound recording.
The term artistic work covers
A. A painting, a sculpture, a drawing, an engraving
B. A work of architecture and
C. Any other work of artistic craftsmanship.

20. • The main requirements of the copyrightable matters are:
1. The work must be original and creative
2. Since copyright is not on ideas, idea for the work need not be new.
3. Must be fixed in tangible form.
4. Protection is also irrespective of the quality of work.

21. PATENT IN PHARMACEUTICAL INDUSTRY
 Pharmaceutical company files patent for new drug at the time of
submitting IND.
 After successful completion of pre-clinical tests patent application is
filed.
 Patent life is about 20 years.
 Companies spend 8-10 years on clinical trials which is submitted to
regulatory authorities in the form of NDA.
 NDA is an application filed by innovator company requesting
regulatory authorities to grant permission.

22. CASE STUDIES
 Merck vs. Glenmark over Sitagliptin
• In an interesting note, Hon’ble Supreme Court of India on Special Leave
Petition filed by Glenmark stayed the Delhi High Court order which passed
an injunction against Glenmark for the generic drug Sitagliptin till 28th
April 2015. Merck Sharp & Dohme filed an application for an ad interim
injunction restraining the respondent/defendant Glenmark Pharmaceuticals
from using its patented product Sitagliptin (Indian Patent No. 209816) at the
Supreme Court. The Delhi high court conclusively held that all three
ingredients (Prima facie, Irreparable injury, and balance of convenience) for
passing the order of injunction were established by MSD and hence
injuncted Glenmark from manufacturing and selling of Zita and Zitamet.