introduction to intellectual property theory and practice pdf

Introduction to intellectual property theory and practice pdf

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A Critical Examination of China’s TRIPS Compliance and Beyond

Intellectual Property Theory and Practice

Intellectual Property Theory and Practice

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A Critical Examination of China’s TRIPS Compliance and Beyond

Intellectual property rights IPR have been defined as ideas, inventions, and creative expressions based on which there is a public willingness to bestow the status of property. IPR provide certain exclusive rights to the inventors or creators of that property, in order to enable them to reap commercial benefits from their creative efforts or reputation. There are several types of intellectual property protection like patent, copyright, trademark, etc. Patent is a recognition for an invention, which satisfies the criteria of global novelty, non-obviousness, and industrial application.

IPR is prerequisite for better identification, planning, commercialization, rendering, and thereby protection of invention or creativity. Each industry should evolve its own IPR policies, management style, strategies, and so on depending on its area of specialty. Pharmaceutical industry currently has an evolving IPR strategy requiring a better focus and approach in the coming era. Intellectual property IP pertains to any original creation of the human intellect such as artistic, literary, technical, or scientific creation.

Intellectual property rights IPR refers to the legal rights given to the inventor or creator to protect his invention or creation for a certain period of time. It is very well settled that IP play a vital role in the modern economy.

It has also been conclusively established that the intellectual labor associated with the innovation should be given due importance so that public good emanates from it.

Thus IPR, in this way aids the economic development of a country by promoting healthy competition and encouraging industrial development and economic growth. Present review furnishes a brief overview of IPR with special emphasis on pharmaceuticals. The laws and administrative procedures relating to IPR have their roots in Europe.

The trend of granting patents started in the fourteenth century. In comparison to other European countries, in some matters England was technologically advanced and used to attract artisans from elsewhere, on special terms.

The first known copyrights appeared in Italy. Venice can be considered the cradle of IP system as most legal thinking in this area was done here; laws and systems were made here for the first time in the world, and other countries followed in due course.

The inaugural one is the Act, which is based on the British patent system and it has provided the patent term of 14 years followed by numerous acts and amendments. IPR enhances technology advancement in the following ways:[ 1 — 4 ]. A patent is awarded for an invention, which satisfies the criteria of global novelty, non-obviousness, and industrial or commercial application.

Patents can be granted for products and processes. As per the Indian Patent Act , the term of a patent was 14 years from the date of filing except for processes for preparing drugs and food items for which the term was 7 years from the date of the filing or 5 years from the date of the patent, whichever is earlier.

No product patents were granted for drugs and food items. India is a signatory to the Berne Convention and has a very good copyright legislation comparable to that of any country. However, the copyright will not be automatically available in countries that are not the members of the Berne Convention. Therefore, copyright may not be considered a territorial right in the strict sense. Like any other property IPR can be transferred, sold, or gifted. Undisclosed information, generally known as trade secret or confidential information, includes formula, pattern, compilation, programme, device, method, technique, or process.

Protection of undisclosed information or trade secret is not really new to humanity; at every stage of development people have evolved methods to keep important information secret, commonly by restricting the knowledge to their family members.

Pressures of globalisation or internationalisation were not intense during s to s, and many countries, including India, were able to manage without practising a strong system of IPR.

This process is characterized by shortening of product cycle, time and high risk of reverse engineering by competitors. Industries came to realize that trade secrets were not adequate to guard a technology. It was difficult to reap the benefits of innovations unless uniform laws and rules of patents, trademarks, copyright, etc.

Patent is recognition to the form of IP manifested in invention. Patents are granted for patentable inventions, which satisfy the requirements of novelty and utility under the stringent examination and opposition procedures prescribed in the Indian Patents Act, , but there is not even a prima-facie presumption as to the validity of the patent granted.

Most countries have established national regimes to provide protection to the IPR within its jurisdiction. The basic reason for patenting an invention is to make money through exclusivity, i. The patentee can exercise his exclusivity either by marketing the patented invention himself or by licensing it to a third party. A license is a contract by which the licensor authorizes the licensee to perform certain activities, which would otherwise have been unlawful.

For example, in a patent license, the patentee licensor authorizes the licensee to exercise defined rights over the patent. Some examples of know-how are:. Indeed, any technical, trade, commercial, or other information, may be capable of being the subject of protection. The patent cooperation treaty PCT is a multilateral treaty entered into force in In order to protect invention in other countries, it is required to file an independent patent application in each country of interest; in some cases, within a stipulated time to obtain priority in these countries.

This would entail a large investment, within a short time, to meet costs towards filing fees, translation, attorney charges, etc. In addition, it is assumed that due to the short time available for making the decision on whether to file a patent application in a country or not, may not be well founded.

Inventors of contracting states of PCT on the other hand can simultaneously obtain priority for their inventions without having to file separate application in the countries of interest; thus, saving the initial investments towards filing fees, translation, etc.

In addition, the system provides much longer time for filing patent application in the member countries. The time available under Paris convention for securing priority in other countries is 12 months from the date of initial filing.

Under the PCT, the time available could be as much as minimum 20 and maximum 31 months. Further, an inventor is also benefited by the search report prepared under the PCT system to be sure that the claimed invention is novel. The inventor could also opt for preliminary examination before filing in other countries to be doubly sure about the patentability of the invention.

More than any other technological area, drugs and pharmaceuticals match the description of globalization and need to have a strong IP system most closely. Creating, obtaining, protecting, and managing IP must become a corporate activity in the same manner as the raising of resources and funds.

The knowledge revolution, which we are sure to witness, will demand a special pedestal for IP and treatment in the overall decision-making process.

One of the key issues in this industry is the management of innovative risks while one strives to gain a competitive advantage over rival organizations.

For those medicines that do clear development hurdles, it takes about years from the date when the compound was first synthesized. While looking for the global market, one has to ensure that requirements different regulatory authorities must be satisfied.

It is understood that the documents to be submitted to regulatory authorities have almost tripled in the last ten years. In addition, regulatory authorities now take much longer to approve a new drug. Consequently, the period of patent protection is reduced, resulting in the need of putting in extra efforts to earn enough profits. The situation may be more severe in the case of drugs developed through the biotechnology route especially those involving utilization of genes.

It is likely that the industrialized world would soon start canvassing for longer protection for drugs. It is also possible that many governments would exercise more and more price control to meet public goals. This would on one hand emphasize the need for reduced cost of drug development, production, and marketing, and on the other hand, necessitate planning for lower profit margins so as to recover costs over a longer period.

It is thus obvious that the drug industry has to wade through many conflicting requirements. Many different strategies have been evolved during the last 10 to 15 years for cost containment and trade advantage. The race to unlock the secrets of human genome has produced an explosion of scientific knowledge and spurred the development of new technologies that are altering the economics of drug development. Biopharmaceuticals are likely to enjoy a special place and the ultimate goal will be to have personalized medicines, as everyone will have their own genome mapped and stored in a chip.

Doctors will look at the information in the chip s and prescribe accordingly. The important IP issue associated would be the protection of such databases of personal information. Biotechnologically developed drugs will find more and more entry into the market. The protection procedure for such drug will be a little different from those conventional drugs, which are not biotechnologically developed. Microbial strains used for developing a drug or vaccine needs to be specified in the patent document.

If the strain is already known and reported in the literature usually consulted by scientists, then the situation is simple. However, many new strains are discovered and developed continuously and these are deposited with International depository authorities under the Budapest Treaty.

While doing a novelty search, the databases of these depositories should also be consulted. Companies do not usually go for publishing their work, but it is good to make it a practice not to disclose the invention through publications or seminars until a patent application has been filed.

While dealing with microbiological inventions, it is essential to deposit the strain in one of the recognized depositories who would give a registration number to the strain which should be quoted in the patent specification.

This obviates the need of describing a life form on paper. Depositing a strain also costs money, but this is not much if one is not dealing with, for example cell lines. Further, for inventions involving genes, gene expression, DNA, and RNA, the sequences also have to be described in the patent specification as has been seen in the past. It must be remembered that an alliance would be favorable if the IP portfolio is stronger than that of concerned partner.

There could be many other elements of this agreement. All the above aspects mentioned above will be useful. Special attention will have to be paid towards maintaining confidentiality of research. The current state of the pharmaceutical industry indicates that IPR are being unjustifiably strengthened and abused at the expense of competition and consumer welfare.

The lack of risk and innovation on the part of the drug industry underscores the inequity that is occurring at the expense of public good. It is an unfairness that cannot be cured by legislative reform alone. While congressional efforts to close loopholes in current statutes, along with new legislation to curtail additionally unfavorable business practices of the pharmaceutical industry, may provide some mitigation, antitrust law must appropriately step in.

The grant of patents on minor elements of an old drug, reformulations of old drugs to secure new patents, and the use of advertising and brand name development to increase the barriers for generic market entrants are all areas in which antitrust law can help stabilize the balance between rewarding innovation and preserving competition.

Traditional medicine dealing with natural botanical products is an important part of human health care in many developing countries and also in developed countries, increasing their commercial value. Although purely traditional knowledge based medicines do not qualify for patent, people often claim so. The fast growth of patent applications related to herbal medicine shows this trend clearly.

The patent applications in the field of natural products, traditional herbal medicine and herbal medicinal products are dealt with own IPR policies of each country as food, pharmaceutical and cosmetics purview, whichever appropriate. Medicinal plants and related plant products are important targets of patent claims since they have become of great interest to the global organized herbal drug and cosmetic industries.

Writing patent specification is a highly professional skill, which is acquired over a period of time and needs a good combination of scientific, technological, and legal knowledge. Claims in any patent specification constitute the soul of the patent over which legal proprietary is sought.

Intellectual Property Theory and Practice

Intellectual property IP is a category of property that includes intangible creations of the human intellect. The modern concept of intellectual property developed in England in the 17th and 18th centuries. The term "intellectual property" began to be used in the 19th century, though it was not until the late 20th century that intellectual property became commonplace in the majority of the world's legal systems. The main purpose of intellectual property law is to encourage the creation of a wide variety of intellectual goods. This gives economic incentive for their creation, because it allows people to profit from the information and intellectual goods they create.

As part of a continuing series on Spring semester courses that relate to innovation and business law, this post spotlights Introduction to Intellectual Property. For years, smartphone manufacturers Apple and Samsung waged a series of legal battles, each accusing the other of infringing its intellectual property rights. In Introduction to Intellectual Property Law, Professor Jason Rantanen helps orient students in this world of patents, copyrights, trademarks and other types of intellectual property IP. The goal of the introductory course is give students an understanding of the fundamentals of the main forms of intellectual property and to explore the history and policy reasoning that led to the form they take today. Rantanen has refined the course over the years he has taught it, moving away from using a traditional casebook.

Intellectual Property Theory and Practice. A Critical Examination of China's TRIPS Compliance and Beyond. Authors; (view affiliations). Wenwei Guan. Book.

Intellectual Property Theory and Practice

In this course, Part 2 of a two-part series, students will explore the modern realities and debates of copyright and trademark laws, and then consider alternatives to intellectual property and the future of this exciting area of the law. The focus of this two-part series is on learning some of the seminal legal cases in each area, while also considering the policy implications of the law as it stands. No previous law experience is required. Join us as we explore the IP laws and policies that influence and shape our modern lives. Week 2: The Scope of Copyright How Copyright infringement works — both direct and indirect infringement.

Intellectual property rights IPR have been defined as ideas, inventions, and creative expressions based on which there is a public willingness to bestow the status of property. IPR provide certain exclusive rights to the inventors or creators of that property, in order to enable them to reap commercial benefits from their creative efforts or reputation. There are several types of intellectual property protection like patent, copyright, trademark, etc. Patent is a recognition for an invention, which satisfies the criteria of global novelty, non-obviousness, and industrial application. IPR is prerequisite for better identification, planning, commercialization, rendering, and thereby protection of invention or creativity.

Intellectual property is generally characterized as non-physical property that is the product of original thought. Typically, rights do not surround the abstract non-physical entity; rather, intellectual property rights surround the control of physical manifestations or expressions of ideas. Legal protections for intellectual property have a rich history that stretches back to ancient Greece and before. As different legal systems matured in protecting intellectual works, there was a refinement of what was being protected within different areas.

Intellectual property rights: An overview and implications in pharmaceutical industry

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