Introduction to intellectual

property rights
 Definition :- Anything resulting from the
exercise of human intellect is intellectual
property and right of possession of the
same is intellectual property rights.


 Trade related aspects ( by WTO)

§ Patents
§ Integrated circuits
§ Geographical indications
§ Copyright
§ Trade marks
§ Designs
§ Trade secrets
 Basis of Patentability
•
(1)Novelty
(2)
(3)Utility
(4)
(5)Inventive Step / Non obviousness

Patent Application Procedure in
India
•
(1)Ordinary Patents
(2)
(3)Patent of Addition
(4)
(5)Patent Granted under Convention
Agreement
Step 1 Application for the
Patents

Step 2 Examination of the

Application

Step 3 Opposition to the grant

of Patent

Step 4 Grant & sealing of

Patent
 Step 1 Includes following
parts
A.Form of Application
B.
C.Specification
a.Provisional Specification
b.Complete Specification
D.
E.Priority Date
F.
G.Publication of Application
 Step 2 Consist of two
components
•
1)Request for Examination under
section 11B
2)
3)Final Examination under section 12
 Step 3 Have following
Reasons
a) Obtaining wrongfully
b) Prior publication
c) Prior claim in a concurrent application
d) Prior public use or public knowledge in India
e) Obviousness and lack of inventive step
f) Non-patentable invention
g) Insufficient description of the invention
h) Failure to disclose information relating to foreign
applications
i) If convention application, not made within the
prescribed time
j) Wrong mention of origin
k) Available of knowledge in locality
 Details about Step 4

• This is the last and final step of grant

of patent
 Exclusive Marketing Rights
• Definition:- When the patent application is pending
then statutory body of the country gives approval to drug
makers to sell the drug exclusively while the patent
application is still pending is called exclusive marketing
right.

•
• Examples:-


 Section 24A – Application for grant of Exclusive Rights



 Section 24B – Grant of Exclusive Rights



 Section 24C – Compulsory Licences in relation to Exclusive Rights to sell or

distribute


 Section 24D – Special provision for selling or distribution



 Section 24E – Suits relating to infringements

 Compulsory Licence
• It is different from ordinary licence.
• The reason for providing such licence
in India is obvious, from the fact
that patents are grated to
encourage invention.
• They are not granted merely to
enable the patentee to enjoy a
monopoly for the importation of the
patented article.

 Infringement of Patents
The law does not define infringement


Relief in Suits for Infringement



Article 44 – Injunction
Article 45 – Damages

Article 46 – Other remedies

Article 47 – Right to information

Article 48 – indemnification of the

defendant
