Unit-V Herbal Drug Technology

(Compiled by: Mr. Shmmon Ahmad, Faculty of Pharmacy, Glocal University Saharanpur, email: [email protected])

Topic: IPR (Intellectual Property Rights) 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. For any technology, business, invention, application, designs and many more intangible assists involved in business should be secured through intellectual property rights. Intellectual property rights include patents, copyright, industrial design rights, trademarks, plant variety rights, trade dress, geographical indications, but customarily divided into four main areas: 1-Patent 2.Copy Right 3.Trade mark 4.Industrial Design

1-Patent, A patent gives its owner the legal right to prevent others from using their idea commercially for a limited period of years, such as by making, using, selling or importing a patented product, or using a patented process. A patent must be applied for before the invention is made public. In any event, to be valid, the invention must be New and Inventive.

As per WIPO (World Intellectual Property Organization) A patent is an exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem. To get a patent, technical information about the invention must be disclosed to the public in a patent application. In most countries patent rights fall under civil law and the patent holder needs to sue someone infringing the patent in order to enforce his or her rights. In some industries patents are an essential form of competitive advantage; in others they are irrelevant

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The patent protection is granted for a limited period, generally 20 years from the filing date of the application.

Under the World Trade Organization's (WTO) TRIPS Agreement, patents should be available in WTO member states for any invention, in all fields of technology, provided they are new, involve an inventive step, and are capable of industrial application. Nevertheless, there are variations on what is patentable subject matter from country to country, also among WTO member states. 2-Copyright Copyright is the exclusive right/protection provided to the creator or authors of “original works of authorship”. Creator have right to reproduce the work, usually for a limited time. The creative work may be in a literary, artistic, educational, or musical form. both published and unpublished. The rights of authors of literary and artistic works (such as books and other writings, musical compositions, paintings, sculpture, computer programs and films) are protected by copyright, for a minimum period of 50 years after the death of the author. Also protected through copyright and related (sometimes referred to as “neighbouring”) rights are the rights of performers (e.g. actors, singers and musicians), producers of phonograms (sound recordings) and broadcasting organizations. The main social purpose of protection of copyright and related rights is to encourage and reward creative work. 3-Trademark or Service mark A trademark is a word, name, symbol or device which is used in trade with goods to indicate the source of the goods and to distinguish them from the goods of others. A service mark is the same as a trademark except that it identifies and distinguishes the source of a service rather than a product.

Trademark rights may be used to prevent others from using a confusingly similar mark, but not to prevent others from making the same goods or from selling the same goods or services under a clearly different mark. The protection of such distinctive signs aims to stimulate and ensure fair competition and to protect consumers, by enabling them to make informed choices between various goods and services. The protection may last indefinitely, provided the sign in question continues to be distinctive. 4-Industrial design rights: Industrial design right (sometimes called "design right" or design patent) protects the visual design of objects that are not purely utilitarian an industrial design

2 may consist of three-dimensional features, such as the shape of an article, or two dimensional features, such as patterns, lines or colour. Industrial design consists of the creation of a shape, configuration or composition of pattern or colour, or combination of pattern and colour in three dimensional form. Other types of industrial property are protected primarily to stimulate innovation, design and the creation of technology. In this category fall inventions (protected by patents), industrial designs and trade secrets. The social purpose is to provide protection for the results of investment in the development of new technology, thus giving the incentive and means to finance research and development activities. The protection is usually given for a finite term (typically 20 years in the case of patents).

Farmer Right Act- 2001 This is the right given to farmer for the improvement conservation and making available plant genetic resource (PGR). So that farmer not to go to breeder every time. This Act has been passed in order to provide the effective system for protection of plant varieties, the rights of farmers and plant breeders, and to encourage the development of new varieties of plants. The Act helps to stimulate investment for research and development to produce new plant varieties. Such protection is also likely to facilitate the growth of the seed industry that will ensure the availability of high quality seeds and planting material to the farmers. The Duration Farmer Right for Trees18 years and vines Extant (New Plant) varieties etc. 15years, Enforcements of right After Registration Plant breeders right (PBR) It is also known as plant variety right(PVR).They are the right granted to the breeders of new variety of plant that give the breeder exclusively control over the propagating material which includes seeds, cutting, divisions, tissues culture and harvested material such as flower fruit seeds of a new variety of number of years. Plant breeders right give the right on the breeder or his successor, his agent or licensee, to produce, sell, market, distribute, import or export the variety. The Duration Plant breeders right (PBR) for Trees18 years and vines Extant (New Plant) varieties etc. 15years, Enforcements of right After Registration Bioprospecting Bioprospecting is the process of Discovery or a systemic Search for biochemical and genetic information in nature in order to develop commercially valuable new products. These resources or compounds can be important for and useful in

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Biopiracy Biopiracy the biological theft and illegal collection of indigenous plants by corporations who patent them for their own use. For example, when bioprospectors draw on indigenous knowledge of medicinal plants which is later patented by medical companies without recognizing the fact that the knowledge is not new or invented by the patentor, this deprives the indigenous community of their potential rights to the commercial product derived from the technology that they themselves had developed

ASSIGNMENT (UNIT 5TH) Q.1 Explain in detail about IPR (Intellectual Property Rights) Q.2 What is patent? How much limited period patent protection right is granted? Q.3 Give the Full form of WIPO & WTO

Q.4 Define Bioprospecting & Plant breeders right (PBR)

(Highlight Text have important points. Take a Print of the Document and Submit 4 to 6 page Hand written Assignment whenever ask)

…………………… (Shmmon Ahmad) Assistant Professor (Deptt. of Pharmacy)

For Free Course Intellectual Property (DL101E) signup https://welc.wipo.int/wipoaccounts/en/usercenter/public/register.jsf?returnURL=%2Facrp%2F%3Flang%3Den

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