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. Undisclosed information, generally known as trade secret or confidential information, includes formula, pattern, compilation, programme, device, method, technique, or process. Protection of undisclosed information is least known to players of IPR and also least talked about, although it is perhaps the most important form of protection for industries, R&D institutions and other agencies dealing with IPR. Role of Undisclosed Information in Intellectual Property Like any other property IPR can be transferred, sold, or gifted. Therefore, copyright may not be considered a territorial right in the strict sense. However, the copyright will not be automatically available in countries that are not the members of the Berne Convention. India is a signatory to the Berne Convention and has a very good copyright legislation comparable to that of any country. A copyright generated in a member country of the Berne Convention is automatically protected in all the member countries, without any need for registration. No product patents were granted for drugs and food items. As per the Indian Patent Act 1970, 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.
Patents can be granted for products and processes. (v) Geographical indications are indications, which identify as good as originating in the territory of a country or a region or locality in that territory where a given quality, reputation, or other characteristic of the goods is essentially attributable to its geographical originĪ patent is awarded for an invention, which satisfies the criteria of global novelty, non-obviousness, and industrial or commercial application.
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(iv) Copyright relates to expression of ideas in material form and includes literary, musical, dramatic, artistic, cinematography work, audio tapes, and computer software. Trademark has no existence apart from the goodwill of the product or service it symbolizes Trademarks can be bought, sold, and licensed. (iii) Trademarks relate to any mark, name, or logo under which trade is conducted for any product or service and by which the manufacturer or the service provider is identified. (ii) Industrial designs relates to features of any shape, configuration, surface pattern, composition of lines and colors applied to an article whether 2-D, e.g., textile, or 3-D, e.g., toothbrush. IP protection can be sought for a variety of intellectual efforts including It provides a pool of information to the general public since all forms of IP are published except in case of trade secrets. Present review furnishes a brief overview of IPR with special emphasis on pharmaceuticals. Thus IPR, in this way aids the economic development of a country by promoting healthy competition and encouraging industrial development and economic growth. IPR is a strong tool, to protect investments, time, money, effort invested by the inventor/creator of an IP, since it grants the inventor/creator an exclusive right for a certain period of time for use of his invention/creation. The stakes of the developers of technology have become very high, and hence, the need to protect the knowledge from unlawful use has become expedient, at least for a period, that would ensure recovery of the R&D and other associated costs and adequate profits for continuous investments in R&D. There has been a quantum jump in research and development (R&D) costs with an associated jump in investments required for putting a new technology in the market place. 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. It is very well settled that IP play a vital role in the modern economy. These legal rights confer an exclusive right to the inventor/creator or his assignee to fully utilize his invention/creation for a given period of time. 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. Intellectual property (IP) pertains to any original creation of the human intellect such as artistic, literary, technical, or scientific creation.
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