Intellectual Property Rights Overview

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to Lesson

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What is a primary objective of an IPR policy related to public awareness?

  • To limit the scope of pharmaceutical patents
  • To create public awareness about the economic, social and cultural benefits of IPRs (correct)
  • To encourage foreign investment only
  • To promote international trade agreements

Which of the following is NOT an objective of the IPR policy?

  • Limit the generation of IPRs to major corporations (correct)
  • Stimulate the generation of IPRs
  • Strengthen enforcement and adjudicatory mechanisms for IPR infringements
  • Modernize and strengthen IPR administration

How will the new IPR policy benefit trademark registration by 2017?

  • It will remove the need for any registration
  • It will increase fees for trademark registration
  • It will reduce the window for registration to one month (correct)
  • It will extend the registration process to three months

What is a significant challenge faced by India in relation to IPR policies?

<p>Pressure from developed countries and mega regional trade agreements (C)</p> Signup and view all the answers

Which of the following best describes the relationship the new IPR policy aims to balance?

<p>Rights owners' interests and the larger public interest (D)</p> Signup and view all the answers

What distinguishes generic drugs from brand name drugs?

<p>Generic drugs are produced after the patent expires or does not exist. (C)</p> Signup and view all the answers

What is a compulsory license?

<p>A legal permission that allows production under certain conditions. (C)</p> Signup and view all the answers

Under what condition can a patent holder decline to license their intellectual property?

<p>If intellectual property laws allow exclusive rights. (D)</p> Signup and view all the answers

Why might some people mistakenly believe that compulsory licensing is only applicable during emergencies?

<p>Because it is traditionally associated with public health crises. (B)</p> Signup and view all the answers

What confirms that countries can determine grounds for granting compulsory licenses?

<p>The Doha Declaration on TRIPS and Public Health. (A)</p> Signup and view all the answers

What significant event occurred in March 2012 concerning compulsory licensing in India?

<p>India issued its first compulsory license to a generic drug manufacturer. (B)</p> Signup and view all the answers

What are brand name drugs subject to that generic drugs are not?

<p>They are patented and require consent for production. (A)</p> Signup and view all the answers

What is required for an individual or company to use another's intellectual property under a compulsory license?

<p>Payment of a determined fee for the license. (B)</p> Signup and view all the answers

What is one of the primary purposes of the new policy regarding intellectual property in India?

<p>To promote a stable intellectual property rights framework (C)</p> Signup and view all the answers

Which areas does the policy primarily aim to enhance access to?

<p>Food security, healthcare, and environmental protection (A)</p> Signup and view all the answers

What was a significant change in copyright under the new regime?

<p>Films, music, and industrial drawings are now included (D)</p> Signup and view all the answers

What will be streamlined according to the policy?

<p>Laws on semi-conductors, trademarks, and patents (A)</p> Signup and view all the answers

What is India’s stance on changing its patent laws according to the policy?

<p>There is no urgent need to change existing patent laws (D)</p> Signup and view all the answers

What does Section 3(d) of the Patents Act relate to?

<p>The definition of what constitutes a novel invention (B)</p> Signup and view all the answers

What is a requirement that any patent must fulfill before being granted?

<p>Basic requirements of novelty, non-obviousness, and utility (C)</p> Signup and view all the answers

What does the new policy aim to incorporate into the Indian context?

<p>Global best practices in intellectual property (B)</p> Signup and view all the answers

What is the primary active ingredient in the medicine known as ‘Jeevan’?

<p>Trichopus zeylanicus (C)</p> Signup and view all the answers

Who was involved in the discovery and development of the medicine ‘Jeevan’?

<p>Kani tribal people (D)</p> Signup and view all the answers

What does TBGRI stand for?

<p>Tropical Botanic Garden and Research Institute (D)</p> Signup and view all the answers

In what year did scientists from TBGRI first learn about Trichopus zeylanicus?

<p>1987 (C)</p> Signup and view all the answers

What is the licensing agreement arrangement between TBGRI and the Kani tribe?

<p>Fifty-fifty basis (B)</p> Signup and view all the answers

What initiative has the Indian Government taken to document traditional medicine?

<p>Traditional Knowledge Digital Library (D)</p> Signup and view all the answers

What is the purpose of linking TKDL to the International Patent Classification (IPC) System?

<p>To protect traditional knowledge from misappropriation (D)</p> Signup and view all the answers

What is a key aim of developing a Traditional Knowledge Resource Classification (TKRC)?

<p>Documenting and protecting indigenous knowledge (A)</p> Signup and view all the answers

What was the main reason for the challenge against the Plant Patent No. 5,751?

<p>The plant was already known to grow uncultivated. (A)</p> Signup and view all the answers

Who issued the challenge to the Plant Patent No. 5,751?

<p>The Center for International Environment Law. (A)</p> Signup and view all the answers

Which feature of the supposed variety of B.caapi was highlighted in the patent?

<p>The distinctive colour of the flower. (B)</p> Signup and view all the answers

What action did the USPTO take regarding the patent on 3 November 1999?

<p>The patent was revoked. (B)</p> Signup and view all the answers

What ongoing issue is associated with patents based on indigenous knowledge?

<p>Expropriation of collective local knowledge. (B)</p> Signup and view all the answers

How many patents on Neem-based materials have US corporations taken out since the mid-1980s?

<p>Over a dozen patents. (B)</p> Signup and view all the answers

What was the response from the Council of Scientific and Industrial Research (CSIR) regarding the patent for Neem oil?

<p>They urged for re-examination of the case. (C)</p> Signup and view all the answers

What distinguishes traditional knowledge-based patents from those granted based on modern research?

<p>Traditional knowledge-based patents rely on historical practices. (C)</p> Signup and view all the answers

What was the significance of the turmeric patent case in relation to traditional knowledge?

<p>It led to the revocation of a patent based on traditional knowledge from a developing country. (D)</p> Signup and view all the answers

Which organization is responsible for revoking the turmeric patent?

<p>United States Patent and Trademark Office (USPTO) (C)</p> Signup and view all the answers

What role did the Council of Scientific and Industrial Research (CSIR) play in the turmeric patent case?

<p>They conducted the re-examination seeking the patent's revocation. (A)</p> Signup and view all the answers

What traditional use did the plant Baniste-riopsis caapi have among indigenous tribes of the Amazon?

<p>It was processed to create a ceremonial drink for religious and healing ceremonies. (A)</p> Signup and view all the answers

What does the term 'biopiracy' refer to in the context of traditional knowledge?

<p>The unauthorized use of biological resources and traditional knowledge by foreign entities. (B)</p> Signup and view all the answers

What initiative was prepared by WIPO at a conference regarding traditional medicines?

<p>Preparation of standards for the availability and use of IPRs on traditional medicine. (C)</p> Signup and view all the answers

What document indicated the existence of prior art that invalidated the turmeric patent?

<p>References in various languages including Sanskrit and Hindi. (A)</p> Signup and view all the answers

Who were the patentees involved in the turmeric patent controversy?

<p>Indian researchers who studied traditional medicine. (A)</p> Signup and view all the answers

Flashcards

Generic Drugs

Drugs whose patent has expired or do not exist, and can be produced by any manufacturer without permission or royalties.

Brand Name Drugs

Drugs protected by a patent, requiring permission and royalty payment from the patent holder to produce.

Compulsory Licensing

A legal exception allowing someone to use a patent or copyright without the owner's permission, paying a set fee.

TRIPS Agreement

International agreement on trade-related intellectual property rights. It's a crucial agreement affecting patents.

Signup and view all the flashcards

Doha Declaration

A declaration clarifying that countries can decide their own reasons for issuing compulsory licenses, related to public health.

Signup and view all the flashcards

Essential Drug

A crucial medicine for public health that's often used to treat serious illnesses.

Signup and view all the flashcards

India's IPR Policy

A new policy designed to balance the interests of intellectual property rights owners with the public good in India.

Signup and view all the flashcards

IPR Policy Goals

Seven key objectives under IPR policy including awareness, creation, legal framework, administration, commercialization, enforcement, and human capital development.

Signup and view all the flashcards

Trademark Registration Time

The timeframe for registering trademarks aims to be reduced to one month by 2017 in India.

Signup and view all the flashcards

US Company Concerns

US-led global drug brands are pushing for changes to India's IP laws to address concerns about price controls and marketing restrictions affecting their business interests in India.

Signup and view all the flashcards

Make in India Scheme

A government initiative aiming to promote and bolster the manufacturing sector in India through various incentives and support.

Signup and view all the flashcards

IPR Enforcement

Strengthening procedures aimed at preventing and addressing intellectual property infringements.

Signup and view all the flashcards

Mega Regional Trade Agreements

Significant trade deals involving multiple countries, like the TPP, pose challenges for emerging economies.

Signup and view all the flashcards

IP Policy Incentives

Tax concessions and other incentives to encourage research and development (R&D) are part of this policy.

Signup and view all the flashcards

IPR Awareness

Public awareness campaigns to inform the public about intellectual property rights (IPRs).

Signup and view all the flashcards

Indian Patent Policy Changes

A new Indian policy aims to streamline intellectual property (IP) laws, improve access to healthcare and food security, and promote R&D through tax benefits. The goal is to create a stable environment for both domestic and foreign investors, bolstering India's overall growth.

Signup and view all the flashcards

Patent Application Backlog

Over 237,000 patent applications are pending in Indian patent offices. The new policy seeks to reduce this backlog by improving processes.

Signup and view all the flashcards

Copyright Expansion

The new IP policy expands copyright protection to include films, music, and industrial drawings, in addition to books and publications.

Signup and view all the flashcards

Compulsory Licenses (India)

India maintains the right to issue compulsory licenses for drugs in emergency situations.

Signup and view all the flashcards

Patent Law Changes (Resistance)

India is resisting pressure from the US and other Western countries to amend its patent laws, specifically as it relates to certain components of the TRIPS agreement.

Signup and view all the flashcards

Intellectual Property (IP) Ecosystem

This is the environment that supports intellectual property rights. The new policy aims to foster this ecosystem in India.

Signup and view all the flashcards

Novelty, Non-Obviousness, Utility

Basic requirements that a patent application must fulfill before it is granted. These conditions are crucial to protect the public interest.

Signup and view all the flashcards

Turmeric Patent Case

Example of a patent awarded in the US, related to the use of turmeric for wound healing methods.

Signup and view all the flashcards

Trichopus zeylanicus

A plant species found in southwestern India's tropical forests, used in traditional medicine.

Signup and view all the flashcards

Jeevan

A compound created from ingredients of Trichopus zeylanicus, known as 'the giver of life'.

Signup and view all the flashcards

TBGRI

Tropical Botanic Garden and Research Institute in Kerala, India.

Signup and view all the flashcards

Kani tribe

Indigenous community in southwestern India credited with traditional knowledge about the plant's use.

Signup and view all the flashcards

Benefit Sharing

Sharing of profits or royalties from a product or knowledge derived from resources or knowledge of a community, often indigenous or other marginalized communities.

Signup and view all the flashcards

Convention on Biological Diversity (CBD)

An international agreement focused on the conservation of biodiversity and equitable sharing of benefits arising from the use of genetic resources.

Signup and view all the flashcards

Traditional Knowledge Digital Library (TKDL)

A digital library created by the Indian government to document and protect traditional medicinal knowledge.

Signup and view all the flashcards

Traditional Knowledge Resource Classification (TKRC)

A system to organize and classify traditional knowledge.

Signup and view all the flashcards

International Patent Classification (IPC)

A standardized system for classifying inventions used internationally.

Signup and view all the flashcards

Wrong Patents

Patents granted without proper consideration of pre-existing traditional knowledge or rights.

Signup and view all the flashcards

Biodiversity

The variety of life on Earth at all its levels, from genes to ecosystems.

Signup and view all the flashcards

Bio-information

The encoded knowledge about biological organisms, including genetic information and traditional knowledge related to these organisms and living resources.

Signup and view all the flashcards

Protecting indigenous knowledge

Creating mechanisms to protect the rights of indigenous communities related to knowledge of living resources.

Signup and view all the flashcards

Turmeric Patent Case

A landmark case where a patent based on traditional Indian knowledge was challenged, leading to patent revocation and the establishment of systems for documenting traditional knowledge.

Signup and view all the flashcards

Traditional Knowledge Digital Library

A system created to organize and make available traditional knowledge, often used in medicine and other areas.

Signup and view all the flashcards

Biopiracy

The taking of indigenous or traditional knowledge without proper authorization or compensation from the originating community.

Signup and view all the flashcards

Ayahausca

A ceremonial drink from South American indigenous cultures, traditionally produced and used under the guidance of healers.

Signup and view all the flashcards

WIPO Agenda

A plan outlined for navigating intellectual property rights (IPR) issues related to traditional medicines, created by the World Intellectual Property Organization.

Signup and view all the flashcards

Patent Invalidity

A patent may be deemed invalid if the claims made are already covered by prior art, i.e., existing publicly accessible knowledge.

Signup and view all the flashcards

Plant Patent No. 5,751

A patent issued by the USPTO in 1986 to Loren Miller claiming rights over a 'Da Vine' variety of B.caapi plant.

Signup and view all the flashcards

‘Da Vine’ plant

A claimed variety of B.caapi plant, the subject of a plant patent.

Signup and view all the flashcards

COICA

Coordinating Body of Indigenous Organizations of the Amazon Basin, representing more than 400 tribes.

Signup and view all the flashcards

USPTO

United States Patent and Trademark Office, the agency that issues patents in the US.

Signup and view all the flashcards

Neem Tree

A tree widely used in India for medicine, toiletries, and other purposes and not patented.

Signup and view all the flashcards

Neem Oil patents

US-based patents granted on neem oil-based materials by USPTO without addressing prior Indian usage

Signup and view all the flashcards

Prior Art

Existing documents or knowledge about a plant, process, or invention.

Signup and view all the flashcards

Traditional Knowledge

Unique knowledge developed across generations about plants, practices, and usage in various regions.

Signup and view all the flashcards

Patent Expropriation

The unauthorized taking of intellectual property rights from their rightful holders.

Signup and view all the flashcards

Plant patents in uncultivated state

Plant patents cannot be awarded to plants naturally found and not grown by humans.

Signup and view all the flashcards

Study Notes

Intellectual Property Rights (IPR)

  • IPRs are legal rights arising from intellectual inventions, innovations, and discoveries in various fields (industrial, scientific, literary, and artistic).
  • These rights allow individuals or groups to claim ownership of their creative work (moral and economic rights).

Types of IPRs

  • Patent: Exclusive rights granted by a state to an inventor for a limited time, requiring public disclosure of the invention.
  • Copyright: Legal right granting the creator of original works (literary, artistic, etc.) exclusive use and distribution rights.
  • Trademark: Distinctive signs (symbols, designs) identifying products or services, differentiating them from others. Service marks are trademarks for services.
  • Industrial Design Right: Intellectual property right protecting the visual design of objects (non-utilitarian). This may be a shape, configuration, pattern, or color combination for 2D or 3D objects.
  • Trade Secret: Confidential information (formula, process, design, etc.) providing a business with a competitive advantage over others. This information isn't widely known or easily obtained by competitors or customers.
  • Geographical Indication (GI): A unique name or symbol linked to a specific geographical location (town, region, or country) used to certify the product's origins, quality, or reputation. (Example: Basmati rice).

IPRs in the Pharmaceutical Sector

  • Generic vs. Brand Name Drugs: Generic drugs are produced after a patent expires or doesn't exist while brand name drugs require permission from and payment of royalties to the patent holder.
  • Compulsory Licensing: Allows a company or individual to use a patented invention or copyrighted work against the usual request of the patent or copyright holder for a fee, commonly used in cases of necessities or emergencies.
  • TRIPS (Trade-Related Aspects of Intellectual Property Rights): International agreement administrated by the WTO establishing minimum intellectual property regulations standards for WTO members.

Additional Issues

  • Novartis v. Union of India & Others: Landmark Supreme Court decision (1998) upholding the rejection of a patent application for Glivec by Novartis because the claimed changes did not meet the standards for enhanced therapeutic efficacy.
  • Patenting of Traditional Knowledge: Examples include patents issued on Turmeric use by US inventors and challenged by Indian Institutions, cases where traditional knowledge practices and medicinal plants did not meet patent criteria and were revoked. This led to concern for biopiracy and protection of indigenous knowledge/research.
  • Traditional Knowledge Digital Library (TKDL): Important databases are needed to document, classify, and protect traditional knowledge (biodiversity, bio-information, and creativity) .

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

Quiz Team

Related Documents

More Like This

Use Quizgecko on...
Browser
Browser