Which of the following Is Not an Intellectual Property as per Ipr Laws in India *
The pressures of globalization or internationalization were not intense in the 1950s to 1980s, and many countries, including India, were able to do without a strong intellectual property rights system. Globalization, driven by the chemical, pharmaceutical, electronic and IT industries, has led to significant investments in research and development. This process is characterized by a shortening of the product cycle, time and high risk of reverse engineering by competitors. The industry realized that trade secrets were not enough to protect a technology. It was difficult to reap the benefits of innovation if there were no uniform laws and rules for patents, trademarks, copyrights, etc. Thus, intellectual property has become an important element of the World Trade Organization (WTO). [11] A licence is a contract by which the licensor authorizes the licensor to engage in certain activities that would otherwise have been illegal. In a patent license, for example, the patent owner (licensor) authorizes the licensee to exercise rights defined on the patent. Accordingly, the licensee is granted the right to do what would otherwise be prohibited, i.e.
to make lawful a license that would otherwise be illegal. [12] More than any other field of technology, pharmaceuticals fit the description of globalization and need to be as close as possible to a strong IP system. Knowing that the cost of bringing a new drug to market can cost a company $300 million to $1,000 million, with all the risks associated with the development stage, no company will want to risk its intellectual property becoming public property without appropriate returns. The creation, acquisition, protection and management of intellectual property must become as much a commercial activity as the acquisition of resources and funds. The knowledge revolution we are sure to see will require a special pedestal for IP and treatment throughout the decision-making process. [17] Although the fundamental social objectives of intellectual property protection are those set out above, it should also be noted that the exclusive rights granted are generally subject to a number of limitations and exceptions aimed at refining the balance between the legitimate interests of right holders and users. Intellectual property rights (IPRs) have been defined as ideas, inventions and creative expressions on the basis of which there is a public will to confer property status. Intellectual property rights grant certain exclusive rights to the inventors or creators of that property so that they can derive economic benefits from their creative efforts or reputation. There are different types of intellectual property protection such as patents, copyrights, trademarks, etc. The patent is the recognition of an invention that meets the criteria of world novelty, non-obviousness and industrial application. Intellectual property rights are a prerequisite for better identification, planning, marketing, communication and thus protection of inventions or creativity.
Each industry should develop its own policies, management styles, strategies, etc., depending on the area of expertise. The pharmaceutical industry currently has an evolving IPR strategy that requires better direction and approach in the coming era. Intellectual property (IP) refers to any original creation of the human intellect such as artistic, literary, technical or scientific creation. Intellectual property rights (IPR) refer to the legal rights granted to the inventor or creator to protect their invention or creation for a period of time. [1] These legal rights give the inventor/creator or his assignee an exclusive right to fully exploit his invention/creation for a specified period of time. It is widely accepted that intellectual property plays a crucial role in the modern economy. It has also been conclusively asserted that the intellectual work associated with innovation should be given due importance in order to emanate the public good. There has been a leap forward in research and development (R&D) costs with a related increase in the investment required to bring a new technology to market. [2] The stakes for technology developers have become very high and, therefore, the need to protect knowledge from illicit use has become appropriate, at least for a period of time that would ensure recovery of R&D and other related costs and reasonable returns for continued investment in research and development.
[3] Intellectual property rights are a powerful tool to protect the investment, time, money and effort invested by the inventor/creator of intellectual property, as they grant the inventor/creator an exclusive right to exploit his invention/creation for a certain period of time. In this way, intellectual property contributes to a country`s economic development by promoting healthy competition and promoting industrial development and economic growth. This overview provides a brief overview of intellectual property rights, with a particular focus on pharmaceuticals. Industrial property can usefully be divided into two main areas: the race to unlock the secrets of the human genome has led to an explosion of scientific knowledge and stimulated the development of new technologies that are changing the economics of drug development.