SUMMARY

ROLE OF IPR IN PHARMA INDUSTRY AND

EDUCATION
Shreya Sharma, Arun Garg, Suresh Purohit, Nitika Ahuja

P.D.M. College of Pharmacy, Bahadurgarh, India

INTRODUCTION

Intellectual Property Rights are legal rights, which result from intellectual activity in the
industrial, scientific, literary and artistic fields. These rights give statutory expression to the
moral and economic rights of creators in their creations. Intellectual Property Rights
safeguard creators and other producers of intellectual goods and services by granting them
certain time-limited rights to control the use made of those productions. These rights also
promote creativity and the dissemination and application of its results and encourage fair-
trading, which contributes to economic and social development.

Objective
The overall aim of the Intellectual Property Rights (IPR) is that the student will learn why an
active drug-IPR strategy is necessary for a company in order to earn back its huge
investments in research and development, as well as to maintain its core business without
infringing on the Intellectual Property Rights of other companies. Students will gain
understanding of why it is important for the company’s IPR policy to have a positive
contagious effect and for everyone - regardless of what function in a pharmaceutical
company a pharmacist has - to be alert to identifying patentable opportunities for the
company. Researchers and workers also learns why it is important for research institutes,
including institutions of higher education and sector research departments, to protect the new
developments/discoveries made.

IPR and Indian Industry

One of the major challenges that Indian economy faces is in terms of the changes that
are necessitated to meet the requirements of new regime, some are already compatible
while others have to be made so. For e.g. Patent act is being modified in phases, the
trademark act already revised etc.
The implementation of WTO's Trade Related Intellectual Property Rights gives standard
protection to copyrights, trademarks, layout designs and product rights. But there are
many possibilities that Indian exports could even be banned because of the product
patents. For instance, exports can be barred if the product in question violates patent
rights in the importing country.
The penalties for infringement (unauthorized usage) should be tough and enough to
deter violations. The dispute settlement procedure to solve the disputes between the
nations also should be put in place so that justice is done to the cause of developing
countries. Besides these the remedies should be appropriately framed along with the
rights. The present objective should be to provide solution expeditiously, legally,
predictably, and in a non-burdensome manner. A legal mechanism is needed to deal with
the problems, but it should not open TRIPs agreement for re-negotiation
IPR standards vary widely across nations affecting the trade between countries, and also
encouraging trade in counterfeit and pirated goods. In a globalized world where
exchange of goods have become a common phenomenon protection of the rights
become necessary not only for the inputs and technology. Therefore, an enterprise
requires comprehensive, well thought of and planned structure to manage intellectual
capital. The increase in competition requires the intellectual capital to become the
intellectual property through adequate legal protection. However, there is a huge
opportunity in terms of JV's.

IPR and Education

Students will

• Understand the basic principles of intellectual property rights and international

patenting systems
• Understand the importance of an active intellectual property rights policy in the
pharmaceutical area
• Have insight into the significance of evaluating the dominance and infringement
situation prior to marketing a new drug, for example
• Have acquired skills in reading and interpreting a patent application and a patent
• Have acquired skills in applying the general principles on which a patent application
is prepared, regardless of whether one is conducting drug research at an institution of
higher education or a drug company.
ROLE
Financial incentive

These exclusive rights allow owners of intellectual property to benefit from the property they
have created, providing a financial incentive for the creation of and investment in intellectual
property, and, in case of patents, pay associated research and development costs.

Economic growth
The existence of IP laws is credited with significant contributions toward economic growth.

"IP-intensive industries" are estimated to generate 72 percent more value added (price minus
material cost) per employee than "non-IP-intensive industries".

Some Concluding Observations:

Having understood the intricacies of the terms and their respective details and impact, it
is necessary to state that Indian firms should seriously start looking at these intellectual
properties as their assets and stop bothering about the prospective challenges of the
competition ahead. The main problem/ challenge that face the organizations are

Lack of clarity and proper understanding regarding the various concepts of intangible
assets and their significance in increasing the value of the organization.

Even if very few knowledge based firms realize the value of these intangibles, there is no
proper system in place in many organizations which take care of the measurement of
these intangibles.
This presentation reveals that IPR plays a very important role in both Pharma Industry and
Education.

Reference

http://en.wikipedia.org/wiki/Intellectual_property

http://www.nipo.in/knowyourip1.htm#know1

http://www.wipo.int/about-ip/en/

http://www.indianmba.com/Faculty_Column/FC534/fc534.html