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Management of Ipr

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    SUBMITTED BY-

    STUDENTS OF MVSC-II(DEPT. OF MEDICINE)

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    INTRODUCTION

    Management of IPR involves innovation and IPR capability

    development with the creation and implementation of

    organisational IPR Policies through targeted IPR mind rooms

    within the organisation.

    Management of Intellectual Property Rights (IPRs) has a greatsignificance in the present day due to:-

    Explosive technological growth and developments.

    With the advent of new scientific inventions and innovation

    Global competition

    High innovation risks

    High investments in research and development (R&D), production

    and marketing

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    WHAT IS INTELLECTUAL PROPERTY RIGHT

    Rights give rise to monopolies or prevent the unfairuse by others.

    Rights not necessary mutually exclusive, two ormore of the rights can co-exists in relation to a

    certain work

    Co-existence of rights do give rise to progressiveprotection, one right lapses while another continues.

    Law deters others from copying or taking unfairadvantage of the work or reputation of the other andprovides remedies should that happen

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    VARIOUS IPR INVOLVED

    Patents

    Copyrights

    Trademarks

    Trade Secret

    Geographical indications

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    PATENT

    Right granted by the government to a person or to a legal entity.

    Granted in respect of a new invention capable of industrial

    application and gives its owner the right to exclude others frommaking, using, or selling the invention for a period up to 20 years.

    In return for the rights granted, the person or legal entity must

    make a full disclosure of the invention.

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    PATENT

    Types of Patent

    Utility Patents - Machine, Process, Composition ofmatter

    Design Patent - Ornamental design Plant Patent - distinct and new variety of asexually

    reproduced plant.

    Patentability

    Novelty - New Unobviousness to those ordinary skill in the arts

    Usefulness function wise

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    COPYRIGHT

    Right which subsists in various works, such as literacy,dramatic, musical and artistic works as well as sound recordings,films, and broadcasts.

    The author is the person who creates it and he (or his employer)is normally the first owner of the copyright, which last until 50*

    years after the death of the author. Only protect the form of expression not the idea.

    Copyright does not create a monopoly others free tocreate similar or even identical works as long as they do so

    independently and by their own efforts.

    Some permitted acts of copying for research, privatestudy, criticism or review

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    TRADE MARKS

    These are the Identification marks that distinguishes oneproduct or service from another.

    Associate with business image, goodwill and reputation, suchas Apple computer, Microsoft

    Public rely on these marks to indicate quality, value for moneyor origin of goods or services.

    Registered in respect of certain classes of goods or services.

    Once registered, trade mark lasts as long as the owner

    continues to renew the registration.

    Trade mark not used for five or more years can be revoked.

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    TRADE SECRETS

    Information protected under secrecy.

    Formula (eg Cola Cola formula)

    Design, Business Strategy, Customer

    Contacts

    Device, Apparatus, Machinery, etc

    Process flow, Research data

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    GEOGRAPHICAL INDICATIONS

    GI are indications which identifies a good as originating in theteritory when a given quality, reputation or essential

    characteristics of the good is essentially attributable to its

    geographical origin.

    Example-

    Rice-Basmati, Nellore

    orange- nagpur orange

    AnimalsGanjam goat, chilika Buffalo

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    IPR MANAGEMENT

    Management of IP require a customized Internal

    System Plan based on the following framework.

    Planning / Requirement Analysis

    Organising

    Execution and Coordination of activities

    Controlling IP

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    CONTD.

    A database is created based the facts and events happening in

    the process of creation and management of IPR.

    Such created database, when further processed, becomes

    information.

    Regular updating of IPR-IS (Intellectual Property RightsInformation System) will ensure not only accurate, up-to-date,

    and valid information but also helps in taking accurate and

    prompt decisions.

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    PLANNING / REQUIREMENT ANALYSISIt requires patience, foresight, and sound ground work.

    Ultimately the result must be in tune with an innovation with

    likely demand.

    Planning for intellectual property

    Planning or up-gradation of IP Infrastructure

    Defining internal policies

    Thorough knowledge of National IP policy, and IP Legislation.

    Patent Search, and Analysis

    Developing Strategic framework for IP creation & Management

    Cost-benefit Analysis

    Schedule of above activities

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    ORGANISING IP Committees for Research, Project Management, and Audit

    Organising of Information Systems such as Decision Support

    System, Expert System, and Artificial Intelligence.

    Technology options, Strategic options

    Technical Assistance Team or Tie-ups with Expert group.

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    EXECUTION AND COORDINATION OF ACTIVITIES

    Research

    Formulation

    Testing and Pre-Implementations

    Implementation

    Audit Trail

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    CONTROLLING IP Maintenance of IP

    Protection of IP

    Development of IP

    Audit

    The goal of an IP audit is to identify all the IP rights owned

    or used by a corporation and consider appropriate ways to

    protect it from any form of infringement.

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    CONCLUSION It is a challenge to design and operate institutional innovation

    processes that would preserve intellectual excellence and at thesame time amicably fit into a disciplined formal IPR

    management system.

    From the intuitional point of view, the major challenge is to

    develop and train techno legal manpower to manage critical

    issues in management of IPR.

    There is a need for awareness creation and awareness

    promotion, which can support entrepreneurs, inventors, and

    creators in not only creating the innovation but also protecting

    what they create and in making appropriate wealth out of

    what they create.

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    Government must think of setting-up required number of

    advisory body/council in order to render services regarding

    IPR information, protection, and further development

    Developing countries, particularly India, require moresophisticated technologies to be competitive in todays global

    economy.

    Increased intellectual property protection would boost

    bilateral trade and investment

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