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 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.

What is intellectual property?

Intellectual property refers to creations of the mind: inventions, literary and artistic works, and
Symbols, names, and images used in commerce. Intellectual property is divided into two categories:

Industrial Property includes patents for inventions, trademarks, industrial designs and geographical indications.

Copyright includes literary works such as novels, poems and plays, films, musical works, artistic works such as drawings, paintings,
photographs and sculptures, and architectural designs. Rights related to copyright include those of performing artists in their
performances, producers of phonograms, and those of
broadcasters in their radio and television programs.

What are intellectual property rights?

Intellectual property rights are like any other property rights – they allow the creator, or owner, of a patent,
trademark, or copyright to benefit from his or her own work or investment. These rights are outlined in Article 27
of the Universal Declaration of Human Rights, which sets forth the right to benefit from the protection of moral and
material interests resulting from authorship of any scientific, literary, or artistic production. The importance of
intellectual property was first recognized in the Paris Convention for the Protection of Industrial Property in 1883
and the Berne Convention for the Protection of Literary and Artistic Works in 1886. Both treaties are administered
by the World Intellectual Property Organization (WIPO).

Why promote and protect intellectual property?

There are several compelling reasons. First, the progress and well-being of humanity rests on its capacity for new
creations in the areas of technology and culture. Second, the legal protection of these new creations encourages the
expenditure of additional resources, which leads to further innovation. Third, the promotion and protection of
intellectual property spurs economic growth, creates new jobs and industries, and enhances the quality and
enjoyment of life. An efficient and equitable intellectual property system can help all countries realize intellectual
property’s potential as a powerful tool for economic development and social and cultural well-being. The
intellectual property system helps strike a balance between the interests of the innovator and the public interest,
providing an environment in which creativity and invention can flourish, to the benefit of all.

How does the average person benefit?

Intellectual property rights reward creativity and human endeavor, which fuel the progress of humankind. Some
examples: The multi-billion dollar film, recording, publishing, and software industries, which bring pleasure to
millions of people in all parts of the world, would not exist without copyright protection; Consumers would have no
means to confidently buy products or services without reliable, international trademark protection and enforcement
to discourage counterfeiting and piracy; Without the rewards provided by the patent system, researchers and
inventors would have little incentive to continue producing better and more efficient products for consumers
worldwide.

What is a patent?

A patent is an exclusive right granted for an invention, which is a product or a process that provides a new way of
doing something, or offers a new technical solution to a problem. A patent provides protection for the invention to
the owner of the patent. The protection is granted for a limited period, generally 20 years the invention, which
becomes available to commercial exploitation by others

What kind of protection does a patent offer?

Patent protection means that the invention cannot be commercially made, used, distributed or sold without the
patent owner’s consent. These patent rights are usually enforced in a court, which, in most systems, holds the
authority to stop patent infringement. Conversely, a court can also declare a patent invalid upon a successful
challenge by a third party. What rights does a patent owner have? A patent owner has the right to decide who may –
or may not – use the patented invention for the period in which the invention is protected. The patent owner may
give permission to, or license, other parties to use the invention on mutually agreed terms. The owner may also sell
the right to the invention to someone else, who will then become the new owner of the patent. Once a patent
expires, the protection ends, and an invention enters the public domain, that is, the owner no longer holds exclusive
rights to the total body of technical knowledge in the world. Such an ever-increasing body of public knowledge
promotes further creativity and innovation in others. In this way, patents provide not only protection for the owner
but valuable information and inspiration for future generations of researchers and inventors

Why are patents necessary?

Patents provide incentives to individuals by offering them recognition for their creativity and material reward for
their marketable inventions. These incentives encourage innovation, which assures that the quality of human life is
continuously enhanced.

What role do patents play in everyday life?

Patented inventions have, in fact, pervaded every aspect of human life, from electric lighting (patents held by
Edison and Swan) and plastic (patents held by Baekeland), to ballpoint pens (patents held by Biro) and
microprocessors (patents held by Intel, for example). All patent owners are obliged, in return for patent protection,
to publicly disclose information on their invention in order to enrich the total body of technical knowledge in the
world. Such an ever-increasing body of public knowledge promotes further creativity and innovation in others. In
this way, patents provide not only protection for the owner but valuable information and inspiration for future
generations of researchers and inventors.

How is a patent granted?

The first step in securing a patent is the filing of a patent application. The patent application generally contains the
title of the invention, as well as an indication of its technical field; it must include the background and a description
of the invention, in clear language and enough detail that an individual with an average understanding of the field
could use or reproduce the invention. Such descriptions are usually accompanied by visual materials such as
drawings, plans, or diagrams to better describe the invention. The application also contains various “claims”, that is,
information which determines the extent of protection granted by the patent.
What kinds of inventions can be protected?

An invention must, in general, fulfill the following conditions to be protected by a patent. It must be of practical
use; it must show an element of novelty, that is, some new characteristic that is not known in the body of existing
knowledge in its technical field. This body of existing knowledge is called “prior art”. The invention must show an
inventive step that could not be deduced by a person with average knowledge of the technical field. Finally, its
subject matter must be accepted as “patentable” under law. In many countries, scientific theories, mathematical
methods, plant or animal varieties, discoveries of natural substances, commercial methods, or methods for medical
treatment (as opposed to medical products) are generally not patentable.

Who grants patents?

A patent is granted by a national patent office or by a regional office that does the work for a number of countries,
such as the European Patent Office (EPO) and the African Intellectual Property Organization (OAPI). Under such
regional systems, an applicant requests protection for the invention in one or more countries, and each country
decides as to whether to offer patent protection within its borders. The WIPO-administered Patent Cooperation
Treaty (PCT) provides for the filing of a single international patent application which has the same effect as
national applications filed in the designated countries. An applicant seeking protection may file one application and
request protection in as many signatory states as needed.

What is a trademark?

A trademark is a distinctive sign, which identifies certain goods or services as those produced or provided by a
specific person or enterprise. Its origin dates back to ancient times, when craftsmen reproduced their signatures, or
“marks” on their artistic or utilitarian products. Over the years these marks evolved into today’s system of
trademark registration and protection. The system helps consumers identify and purchase a product or service
because its nature and quality, indicated by its unique trademark, meets their needs.

What does a trademark do?

A trademark provides protection to the owner of the mark by ensuring the exclusive right to use it to identify goods
or services, or to authorize another to use it in return for payment. The period of protection varies, but a trademark
can be renewed indefinitely on payment of corresponding fees. Trademark protection is enforced by the courts,
which in most systems have the authority to block trademark infringement. In a larger sense, trademarks promote
initiative and enterprise worldwide by rewarding the owners of trademarks with recognition and financial profit.
Trademark protection also hinders the efforts of unfair competitors, such as counterfeiters, to use similar distinctive
signs to market inferior or different products or services. The system enables people with skill and enterprise to
produce and market goods and services in the fairest possible conditions, thereby facilitating international trade.
What kinds of trademarks can be registered? The possibilities are almost limitless. Trademarks may be one or a
combination of words, letters, and numerals. They may consist of drawings, symbols, three dimensional signs such
as the shape and packaging of goods, audible signs such as music or vocal sounds, fragrances, or colors used as
distinguishing features. In addition to trademarks identifying the commercial source of goods or services, several
other categories of marks exist. Collective marks are owned by an association whose members use them to identify
themselves with a level of quality and other requirements set by the association. Examples of such associations
would be those representing accountants, engineers, or architects. Certification marks are given for compliance with
defined standards, but are not confined to any membership. They may be granted to anyone who can certify 9 that
the products involved meet certain established standards. The internationally accepted “ISO 9000” quality
standards are an example of such widely recognized certifications.

What kinds of trademarks can be registered?

The possibilities are almost limitless. Trademarks may be one or a combination of words, letters, and numerals.
They may consist of drawings, symbols, three dimensional signs such as the shape and packaging of goods, audible
signs such as music or vocal sounds, fragrances, or colors used as distinguishing features. In addition to trademarks
identifying the commercial source of goods or services, several other categories of marks exist. Collective marks
are owned by an association whose members use them to identify themselves with a level of quality and other
requirements set by the association. Examples of such associations would be those representing accountants,
engineers, or architects. Certification marks are given for compliance with defined standards, but are not confined
to any membership. They may be granted to anyone who can certify as a trademark or other type of mark. The
trademark must be distinctive, so that consumers can distinguish it from other trademarks identifying other
products, as well as identify a particular product with it. It must neither mislead nor deceive customers or violate
public order or morality. Finally, the rights applied for cannot be the same as, or similar to, rights already granted to
another trademark owner. This may be determined through search and examination by the national office, or by the
opposition of third parties who claim similar or identical rights

How is a trademark registered?

First, an application for registration of a trademark must be filed with the appropriate national or regional
trademark office. The application must contain a clear reproduction of the sign filed for registration, including any
colors, forms, or three-dimensional features. The application must also contain a list of goods or services to which
the sign would apply. The sign must fulfill certain conditions in order to be protected Registration of Marks and the
Madrid Protocol. A person who has a link (through nationality, domicile, or establishment) with a country party to
one or both of these treaties may, on the basis of a registration or application with the trademark office of that
country, obtain an international registration having effect in some or all of the other countries of the Madrid Union.

How extensive is trademark protection?

Almost all countries in the world register and protect trademarks. Each national or regional office maintains a
Register of Trademarks which contains full application information on all registrations and renewals, facilitating
examination, search, and potential opposition by third parties. The effects of such a registration are, however,
limited to the country (or, in the case of a regional registration, countries) concerned. In order to avoid the need to
register separately with each national or regional office, WIPO administers a system of international registration of
marks. This system is governed by two treaties, the Madrid Agreement Concerning the International

What is an industrial design?

An industrial design is the ornamental or aesthetic aspect of an article. The design may consist of three-dimensional
features, such as the shape or surface of an article, or of two-dimensional features, such as patterns, lines or color.
Industrial designs are applied to a wide variety of products of industry and handicraft: from technical and medical
instruments to watches, jewelry, and other luxury items; from housewares and electrical appliances to vehicles and
architectural structures; from textile designs to leisure goods. To be protected under most national laws, an
industrial design must be new or original and nonfunctional. This means that an industrial design is primarily of an
aesthetic nature and any technical features of the article to which it is and protect. They are reasonably accessible to
small and mediumsized enterprises as well as to individual artists and craftsmen, in both industrialized and
developing countries

Why protect industrial designs?

Industrial designs are what make an article attractive and appealing; hence, they add to the commercial value of a
product and increase its marketability. When an industrial design is protected, the owner – the person or entity that
has registered the design – is assured an exclusive right against unauthorized copying or imitation of the design by
third parties. This helps to ensure a fair return on investment. An effective system of protection also benefits
consumers and the public at large, by promoting fair competition and honest trade practices, encouraging creativity,
and promoting more aesthetically attractive products. Protecting industrial designs helps economic development, by
encouraging creativity in the industrial and manufacturing sectors, as well as in traditional arts and crafts. They
contribute to the expansion of commercial activities and the export of national products. Industrial designs can be
relatively simple and inexpensive to develop and protect. They are reasonably accessible to small and mediumsized
enterprises as well as to individual artists and craftsmen, in both industrialized and developing countries

How can industrial designs be protected?

In most countries, an industrial design must be registered in order to be protected under industrial design law. As a
general rule, to be registrable, the design must be “new” or “original”. Different countries have varying definitions
of such terms, as well as variations in the registration process itself. Generally, “new” means that no identical or
very similar design is known to have existed before. Once a design is registered, a registration certificate is issued.
Following that, the term of protection is generally five years, with the possibility of further periods of renewal up
to, in most cases, 15 years. Depending on the particular national law and the kind of design, an industrial design
may also be protected as a work of applied art under copyright law. In some countries, industrial design and
copyright protection can exist concurrently. In other countries, they are mutually exclusive: once the owner chooses
one kind of protection, he can no longer invoke the other. Under certain circumstances an industrial design may
also be protectable under unfair competition law, although the conditions of protection and the rights and remedies
ensured can be significantly different.

How extensive is industrial design protection?

Generally, industrial design protection is limited to the country in which protection is granted. Under The Hague
Agreement Concerning the International Deposit of Industrial Designs, a WIPO-administered treaty, a procedure
for an international registration is offered. An applicant can file a single international deposit either with WIPO or
the national office of a country which is party to the treaty. The design will then be protected in as many member
countries of the treaty as the applicant wishes. such as specific manufacturing skills and traditions. That place of
origin may be a village or town, a region or a country. An example for the latter is “Switzerland” or “Swiss”, which
is perceived as a geographical indication in many countries for products that are made in Switzerland and, in
particular, for watches

What is a geographical indication?

A geographical indication is a sign used on goods that have a specific geographical origin and possess qualities or a
reputation that are due to that place of origin. Most commonly, a geographical indication consists of the name of the
place of origin of the goods. Agricultural products typically have qualities that derive from their place of production
and are influenced by specific local geographical factors, such as climate and soil. Whether a sign functions as a
geographical indication is a matter of national law and consumer perception. Geographical indications may be used
for a wide variety of agricultural products, such as, for example, “Tuscany” for olive oil produced in a specific area
of Italy, or “Roquefort” for cheese produced in this region of Franc. The use of geographical indications is not
limited to agricultural products. They may also highlight specific qualities of a product which are due to human
factors that can be found in the place of origin of the products.

What is an appellation of origin?

An appellation of origin is a special kind of geographical indication, used on products that have a specific quality
that is exclusively or essentially due to the geographical environment in which the products are produced. The
concept of geographical indication encompasses appellations of origin. Examples of appellations of origin which
are protected in states that are party to the Lisbon Agreement for the Protection of Appellations of Origin and their
International Registration are “Bordeaux” for wine produced in the Bordeaux region of France, “Habana” for
tobacco grown in the Havana region of Cuba or “Tequila” for spirits produced in particular areas of Mexico.

How are geographical indications protected on the international level?

A number of treaties administered by WIPO provide for the protection of geographical indications, most notably
the Paris Convention for the Protection of Industrial Property of 1883, and the Lisbon Agreement for the Protection
of Appellations of Origin and Their International Registration.

What is WIPO’s role in the protection of geographical indications?

WIPO administers a number of international agreements which deal partly or entirely with the protection of
geographical indications (in particular, the Paris Convention for the Protection of Industrial Property, and the
Lisbon Agreement for the Protection of Appellations of Origin and Their International Registration). Furthermore,
the Member States of WIPO and other interested parties explore at WIPO meetings new ways of enhancing the
international protection of geographical indications

What is a “generic” geographical indication?

If the name of a place is used as the designation of a particular style of product, rather than an indication of the
place of origin of that product, the term no longer functions as a geographical photographs, sculpture, architecture,
advertisements, maps, and technical drawings

What are copyright and related rights?

Copyright is the body of laws which grants authors, artists and other creators protection for their literary and
artistic creations, which are generally referred to as “works”. A closely associated field of rights related to
copyright is “related rights”, which provides rights similar or identical to those of copyright, although sometimes
more limited and of shorter duration. The beneficiaries of related rights are: performers (such as actors and
musicians) in their producers of sound recordings (for example, cassette recordings and compact discs) in their
recordings; and broadcasting organizations in their radio and television programs. Works covered by copyright
include, but are not limited to: novels, poems, plays, reference works, newspapers, computer programs, databases,
films, musical compositions, choreography, paintings, drawings, Many types of works, etc., protected under the
laws of copyright and related rights require mass distribution, communication, and financial investment for their
successful dissemination (for example, publications, sound recordings, and films); hence, creators often transfer the
rights to their works to companies best able to develop and market the works, in return for compensation, in the
form of payments and/or royalties (compensation based on a percentage of revenues generated by the work). The
economic rights of copyright have a duration, as provided for in the relevant WIPO treaties, commencing upon the
creation and fixation of the work, and lasting for not less than 50 years after the creator’s death. National laws may
establish longer terms of protection. This term of protection enables both creators and their heirs and successors to
benefit financially for a reasonable period of time. Related rights enjoy shorter terms, normally 50 years after the
performance, recording or broadcast took place. Copyright and the protection of performers also include moral
rights, which are the right to claim authorship of a work, and the right to oppose changes to the work which could
harm the creator’s reputation. Rights provided for under copyright and related rights laws can be enforced by
rightsholders through a variety of methods and fora, including by instituting civil actions, pursing administrative
remedies, and through criminal prosecutions. Injunctions, orders requiring destruction of infringing items,
inspection orders, etc., are used to enforce right

What rights do copyright and related rights provide?

The creators of works protected by copyright, and their heirs and successors (generally referred to as
“rightsholders”), have certain basic rights under copyright law. They hold the exclusive right to use or authorize
others to use the work on agreed terms. The rightsholder(s) of a work can prohibit or authorize: its reproduction in
all forms, including printing and sound recording; its public performance and communication to the public; its
broadcasting; its translation into other languages; and its adaptation, such as a novel into a screenplay for a film
Similar rights of, among others, fixation (recording) and reproduction are granted under related rights

What are the benefits in protecting copyright and related rights?

Copyright and related rights protection is an essential component in fostering human creativity and innovation.
Giving authors, artists and creators incentives in the form of recognition and fair economic rewards increases their
activities and output and often enhances the results. Also, by insuring the existence and enforceability of rights,
enterprises and companies can more easily invest in the creation, development, and global dissemination of works;
this, in turn, helps increase access to, and enhances the enjoyment of, culture, knowledge, and entertainment all
over the world, as well as stimulating economic and social development.

How have copyright and Related rights kept up with advances in technology?

The field of copyright and related rights has expanded enormously during the last several decades with the
spectacular progress of technological developments, which have in turn brought new ways of disseminating
creations by such forms of worldwide communication as satellite broadcasting, compact discs and DVDs.
Dissemination of works via the Internet is but the latest development, which raises new questions concerning
copyright and related rights in this global medium. WIPO is deeply involved in the on-going international debate to
shape new standards for copyright protection in cyberspace. In that regard, the Organization administers the WIPO
Copyright Treaty (WCT) and the WIPO Performance and Phonogram Treaty (WPPT), which are often referred to
as the “Internet Treaties”. These Internet Treaties have clarified international norms aimed at preventing
unauthorized access to and use of creative works on the Internet

How are copyright and related rights regulated?

Copyright and related rights protection is obtained automatically without any need for registration or other
formalities. However, many countries provide for a national system of optional registration and deposit of works;
these systems facilitate, for example, questions involving disputes over ownership or creation, financing
transactions, sales, assignments and transfers of rights. Many authors and performers do not have the ability or the
means to pursue the legal and administrative enforcement of copyright and related rights, especially given the
increasingly worldwide use of literary, musical and performance rights. As a result, the establishment and
enhancement of collective management organizations, or “societies”, is a growing and necessary trend in many
countries. These societies can provide for their members the benefits of the organization’s administrative and legal
expertise and efficiency in, for example, collecting, managing, and disbursing royalties gained from the national
and international use of a member’s work or performance. Certain rights of producers of sound recordings and
broadcasting organizations are sometimes managed collectively as well.

What is the World Intellectual Property Organization?

Established in 1970, the World Intellectual Property Organization (WIPO) is an international organization
dedicated to helping to ensure that the rights of creators and owners of intellectual property are protected worldwide
and that inventors and authors are thus recognized and rewarded for their ingenuity. This international protection
acts as a spur to human creativity, pushing forward the boundaries of science and technology and enriching the
world of literature and the arts. By providing a stable environment for the marketing of intellectual property
products, it also oils the wheels of international trade. WIPO works closely with its Member States and other
constituents to ensure that the intellectual property system remains a supple and adaptable tool for prosperity and
well-being crafted to help realize the full potential of intellectual property for present and future generations

How does WIPO promote the protection of intellectual property?

As part of the United Nations, WIPO exists as a forum for its Member States to create and harmonize rules and
practices to protect intellectual property rights. Most industrialized nations have protection systems that are
centuries old. Many new and developing countries, however, are now building up their patent, trademark, and
copyright laws and systems. With the rapid globalization of trade during the last decade, WIPO plays a key role in
helping these new systems evolve through treaty negotiation, legal and technical assistance, and training in various
forms, including in the area of enforcement of intellectual property rights WIPO also provides global registration
systems – for patents, trademarks, and industrial designs – which are under regular review by Member States and
other stakeholders to determine how they can better serve the needs of users and potential users WIPO works with
its Member States to demystify intellectual property from the grass-roots level through the business sector to policy
makers to ensure that its benefits are well known, properly understood, and accessible to all.

How is WIPO funded?

WIPO is largely a self-financed organization, generating more than 90 percent of its annual budget through its
widely used international registration services, as well as through its publications and arbitration and mediation
activities. The remainder comes from contributions by Member States