INTELLECTUAL PROPERTY RIGHTS (IPR)

Intellectual Property Right is exclusive right is granted by government for protection originality of work of inventor. Simple intellectual property right is intangible creation of human mind. In this 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. This intellectual property right is the rights given to people over the creation of their minds. They usually give the creator an exclusive right over the use of his/her creations for a certain period of time. Intellectual property refers to creations of the mind, inventions in artistic, literary, scientific and industrial field. It is important application for Protection of invention of inventor and maintaining the quality as well as standard of work of inventor.

The Basic concept in IPR, Objectives in IPR, Type of IPR

(Patents, Trademarks, Copyrights And Related Rights, Geographical Indications, Industrial Designs, Trade Secrets, Layout Design For Integrated Circuits, Protection of New Plant Variety)
Duration of Intellectual Property Rights, Concept Related Patents (Types of Patent, Tangible And Intangible Property, Novelty, Non-Obviousness, Utility, Anticipation, Prior Art, Global Perspective Of Patent System, Role Of International Organization, Patent Act , Patent-ability, Patent Infringement, Commercialization, Patent Licensing),

KEYWORDS: Patent, Copyright, Trademark, Integrated Circuits, Patentability, Infringement, Commercialization, Novelty.

INTRODUCTION

Intellectual Property Rights are legal rights, which result from intellectual activity in industrial, scientific, literary & artistic fields. These rights Safeguard creators and other producers of intellectual goods & services by granting them certain time-limited rights to control their use. Protected IP rights like other property can be a matter of trade, which can be owned, sold or bought. These are intangible and non-exhausted consumption.

BASIC CONCEPT IN IPR

Intellectual property is an intangible creation of the human mind, usually expressed or translated into a tangible form that is assigned certain rights of property.
Examples of intellectual property include an author's copyright on a book or article, a distinctive logo design representing a soft drink company and its products, unique design elements of a web site, or a patent on the process to manufacture chewing gum.
Intellectual property rights (IPR) can be defined as the rights given to people over the creation of their minds. They usually give the creator an exclusive right over the use of his/her creations for a certain period of time.
Intellectual property (IP) refers to creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce.

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.
Intellectual property laws vary from jurisdiction to jurisdiction, such that the acquisition, registration or enforcement of IP rights must be pursued or obtained separately in each territory of interest.

TYPES OF IPR

Patents
Trademarks
Copyrights and related rights
Geographical indications
Industrial designs
Trade secrets
Layout design for integrated circuits
Protection of new plant variety

PATENTS

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.

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. Such an ever-increasing body of public knowledge promotes further creativity and innovation in others. In this way, patents provide not only protection for the owner but valuable information and inspiration for future generations of researchers and inventors.

UTILITY (Usefulness of Patent application)

A Patent on New Invention both are useful and existed from other different product is known has Utility of Patent. In a world where obtaining value for money has become even more important than in the past, it may be useful to look for alternatives to the traditional way of doing things. For some types of invention, use of a petty patent or utility model as a means of protection may be a useful alternative to patent protection in many countries. Obtaining protection this way is often much less expensive than proceeding through the traditional patent route and, as noted below, in several countries has an advantage in its own right. Until the 1990’s, utility model protection was regarded as being something of a curiosity in the intellectual property world. It is true that the Washington revision of the Paris Convention in 1910 had recognized utility models as a species of industrial property right, but in his 1975 book on National and International Protection of Patents, Trademarks and Related Rights, Dr. Stephen Ladas listed as having this form of protection only in Brazil, Germany, Italy, Japan, the Philippines, Poland, Portugal, South Korea, Spain and Taiwan. Since then, however, many countries have adopted protection of this type or some other form of “second tier” protection for useful articles or other invention

Utility criteria

In considering the requirement of utility for patents, there are three main factors to review:
operability of the invention, a beneficial use of the invention, and practical use of the invention.

GLOBAL PERSPECTIVE OF PATENT SYSTEM

In the United States, patent infringement lawsuits filed by non-practicing entities continue to rise. A non-practicing entity (NPE) is an entity that does not manufacture products themselves and broadly includes universities, individual inventors, research institutions and speculators who purchase patents from others. According to Patent Freedom, based on the largest patent holdings, the top 5 NPEs are Intellectual Ventures, Inter digital, Round Rock Research LLC, Wisconsin Alumni Foundation and Rock star Consortium LLC. Some refer to many or all NPEs as ―patent trolls‖ arguing these patent holders wait until another party brings a product to market and then jump out from ―under a bridge‖ to a demand a toll (namely, a license fee and/or royalty). We at the BRIC Wall Blog thought it would be interesting to examine patent troll activity in countries other than the U.S. and Europe. In this post, we examine patent troll activity in Australia, Brazil, Canada, China, India, Japan and Russia.

ROLE OF INTERNATIONAL ORGANIZATION

1. WTO (World Trade Organization)

History: WTO was born on 1st January 1995 with main objective to improve the welfare of people of member countries. Its main function is to ensure that trade flows as smoothly, predictably & freely as possible.
Evolution of WTO: 1. Breetonwood Conference 1944.

2.General Agreement on Tariffs & Trade (GATT Agreement).

Objective

APPLICATIONS OF IPR

Intellectual property right is a government right is granted by government of India for maintaining the quality and standard of drug or drug related product or services.
Intellectual property right is important to maintain the quality, purity and safety of drug products.
Intellectual property right is important for determination of product stability and safety.
Intellectual property right is applicable for industrial, Pharmaceutical, analytical, chemical, drug development, drug synthesis and Manufacturing industries.

Procedure for grant of Patent:

Requirements:

The patent laws usually require that, for an invention to be patentable, it must be:
1.Patentable subject matter, i.e., a kind of subject matter eligible for patent protection
2.Novel (i.e. at least some aspect of it must be new)
3.Non-obvious (in United States patent law) or involve an inventive step (in European patent law)
4.Useful (in U.S. patent law) or be susceptible of industrial application (in European patent law.

CONCLUSION

Intellectual Property Right is Government Right is granted by the Government of any countries.
Intellectual Property right is concerned with intellectual activity in industrial, scientific, literary & artistic fields. These rights Safeguard creators and other producers of intellectual goods & services by granting them certain time-limited rights to control their use. The rights given to people over the creation of their minds. They usually give the creator an exclusive right over the use of his/her creations for a certain period of time. It is exclusive right is granted by government for protection of Novelty as well as Originality of Patent oriented.

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