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. Intellectual property IP pertains to any original creation of the human intellect such as artistic, literary, technical, or scientific creation.
Intellectual property rights IPR refers to the legal rights given to the inventor or creator to protect his invention or creation for a certain period of time.
It is very well settled that IP play a vital role in the modern economy. It has also been conclusively established that the intellectual labor associated with the innovation should be given due importance so that public good emanates from it. Thus IPR, in this way aids the economic development of a country by promoting healthy competition and encouraging industrial development and economic growth. Present review furnishes a brief overview of IPR with special emphasis on pharmaceuticals.
The laws and administrative procedures relating to IPR have their roots in Europe. The trend of granting patents started in the fourteenth century. In comparison to other European countries, in some matters England was technologically advanced and used to attract artisans from elsewhere, on special terms.
The first known copyrights appeared in Italy. Venice can be considered the cradle of IP system as most legal thinking in this area was done here; laws and systems were made here for the first time in the world, and other countries followed in due course.
The inaugural one is the Act, which is based on the British patent system and it has provided the patent term of 14 years followed by numerous acts and amendments.
IPR enhances technology advancement in the following ways:[ 1 — 4 ]. A patent is awarded for an invention, which satisfies the criteria of global novelty, non-obviousness, and industrial or commercial application. Patents can be granted for products and processes. As per the Indian Patent Act , the term of a patent was 14 years from the date of filing except for processes for preparing drugs and food items for which the term was 7 years from the date of the filing or 5 years from the date of the patent, whichever is earlier.
No product patents were granted for drugs and food items. India is a signatory to the Berne Convention and has a very good copyright legislation comparable to that of any country. However, the copyright will not be automatically available in countries that are not the members of the Berne Convention. Therefore, copyright may not be considered a territorial right in the strict sense.
Like any other property IPR can be transferred, sold, or gifted. Undisclosed information, generally known as trade secret or confidential information, includes formula, pattern, compilation, programme, device, method, technique, or process.
Protection of undisclosed information or trade secret is not really new to humanity; at every stage of development people have evolved methods to keep important information secret, commonly by restricting the knowledge to their family members.
Pressures of globalisation or internationalisation were not intense during s to s, and many countries, including India, were able to manage without practising a strong system of IPR. This process is characterized by shortening of product cycle, time and high risk of reverse engineering by competitors.
Industries came to realize that trade secrets were not adequate to guard a technology. It was difficult to reap the benefits of innovations unless uniform laws and rules of patents, trademarks, copyright, etc. Patent is recognition to the form of IP manifested in invention.
Patents are granted for patentable inventions, which satisfy the requirements of novelty and utility under the stringent examination and opposition procedures prescribed in the Indian Patents Act, , but there is not even a prima-facie presumption as to the validity of the patent granted.
Most countries have established national regimes to provide protection to the IPR within its jurisdiction. The basic reason for patenting an invention is to make money through exclusivity, i. The patentee can exercise his exclusivity either by marketing the patented invention himself or by licensing it to a third party. A license is a contract by which the licensor authorizes the licensee to perform certain activities, which would otherwise have been unlawful. For example, in a patent license, the patentee licensor authorizes the licensee to exercise defined rights over the patent.
Some examples of know-how are:. Indeed, any technical, trade, commercial, or other information, may be capable of being the subject of protection. The patent cooperation treaty PCT is a multilateral treaty entered into force in In order to protect invention in other countries, it is required to file an independent patent application in each country of interest; in some cases, within a stipulated time to obtain priority in these countries.
This would entail a large investment, within a short time, to meet costs towards filing fees, translation, attorney charges, etc. In addition, it is assumed that due to the short time available for making the decision on whether to file a patent application in a country or not, may not be well founded.
Inventors of contracting states of PCT on the other hand can simultaneously obtain priority for their inventions without having to file separate application in the countries of interest; thus, saving the initial investments towards filing fees, translation, etc.
In addition, the system provides much longer time for filing patent application in the member countries. The time available under Paris convention for securing priority in other countries is 12 months from the date of initial filing.
Under the PCT, the time available could be as much as minimum 20 and maximum 31 months. Further, an inventor is also benefited by the search report prepared under the PCT system to be sure that the claimed invention is novel. The inventor could also opt for preliminary examination before filing in other countries to be doubly sure about the patentability of the invention. When software is installed on a hard disk, may the diskette version continue to remain in use?
No, unless explicitly authorized to do so by the author or publisher of the product. Under the Copyright Act, only the owner of the software may use the original diskette version and the electronic copy on the hard disk. If I put a program on a computer participating in a network, may others on the network use it as well?
Most software licenses do not allow this unless you have a version specifically for use on networks. It is best to check the license agreement.
But without technology transfer professionals, there would be limited transfer of technology. Good relations between inventors and technology transfer professionals are therefore essential for the commercialization enterprise to succeed. Relationships should be established long before the transfer services of the technology transfer office TTO are required. A healthy…. Social responsibility is not a program that begins and ends.
This issues do not only face ICT users only but the world…. Critical and Ethical issues faced by advertisers in drafting advertisements Almost all companies use some sort of advertising when selling a good or a service.
The expenditure for the campaign might depend on the type and the size of the Business. Advertising is a complex form of communication that influences customers to purchase a certain product or consume more from that product and, it always identify the sponsor or the company. Advertisements draw public attention to goods and services. Technology is not neutral. Educating people about ethical issues and the consequences of their actions has become crucial at this point. Educating software engineers about the universal standards of business and software development ethics can improve their understanding of their responsibility to society and how to act on it.
It can also help you decide which companies to work for or how to behave ethically in your own business. There is a really useful set of rules called the Software Engineering Code of Ethics that indicates the moral and professional commitments of software engineers. This code was created by a global team made up of mechanical, government, military, and instructive experts.
Client and employer: Software engineers shall act in a manner that is in the best interests of their client and employer consistent with the public interest.
Product: Software engineers shall ensure that their products and related modifications meet the highest professional standards possible. Judgment: Software engineers shall maintain integrity and independence in their professional judgment. Management: Software engineering managers and leaders shall subscribe to and promote an ethical approach to the management of software development and maintenance.
Profession: Software engineers shall advance the integrity and reputation of the profession consistent with the public interest. Colleagues: Software engineers shall be fair to and supportive of their colleagues.
Self: Software engineers shall participate in lifelong learning regarding the practice of their profession and shall promote an ethical approach to the practice of the profession. Business ethics are never just black or white, but every developer has their own responsibility to see how their decision to engage in a certain practice during a development process can affect others in the future.
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