Which Intellectual Property Law Is Correctly Matched with Its Protection

In fact, any technical, commercial, commercial or other information can be protected. [13] Modern GCs have a lot on their minds (and on their desks). Contracts, litigation and employee issues usually take up a large part of the day. However, there is another, equally important area that generally does not receive the same attention and care: intellectual property. Although often ignored, intellectual property must be nurtured and protected because it consists of core business values. Unfortunately, many in-house lawyers do not understand the different types of intellectual property; As a result, they do not know what steps to take to protect them or encourage their creation. This knowledge gap is filled by practical law, a tool that provides in-house lawyers with many resources to easily familiarize themselves with four main types of intellectual property. Copyright and patents are not the same thing, although they are often confused. A copyright is a type of intellectual property protection that protects the author`s original works, which can include literary works, music, art, etc. Today, copyright also protects software and computer architecture. If the patent attorney correctly described and claimed the invention in the draft patent specification, the resulting patent would provide the patent owner with an exclusive market.

It is clear that the management of IP and IPRs is a multidimensional task that requires many different measures and strategies that need to be aligned with national legislation and international treaties and practices. It is no longer guided solely by a national perspective. Intellectual property and associated rights are seriously influenced by market needs, market reaction, the cost of converting IP into commercial enterprises, etc. In other words, trade and commercial considerations are important in the management of intellectual property rights. Different forms of intellectual property rights require different treatment, manipulation, planning, strategies and commitment from people with different knowledge in fields such as science, engineering, medicine, law, finance, marketing and business. Each industry should develop its own IP policies, management styles, strategies, etc., depending on the area of expertise. The pharmaceutical industry currently has an evolving IP strategy. As the likelihood of certain intellectual property rights becoming invalid increases, antitrust law must intervene to ensure that invalid rights are not unlawfully invoked to establish and maintain illegitimate, albeit limited, monopolies in the pharmaceutical industry. In this context, there is still much to be clarified.

Drafting patent specifications is a highly professional skill acquired over time and requires a good combination of scientific, technological and legal knowledge. The claims of each patent specification form the soul of the patent for which legal ownership is sought. The discovery of a new property in a known material is not patentable. If you can use the property practically, you have made an invention that may be patentable. A discovery that a known substance can withstand mechanical shocks would not be patentable, but a railway sleeper made of that material may well be patented. A substance may not be new, but it has a new property. It may be possible to patent it in combination with other known substances if they have a new result in combination. The reason for this is that no one has ever used this combination to make an insecticide, fertilizer or drug. It is quite possible that an inventor created a new molecule, but its exact structure is not known.

In such a case, the description of the substance, as well as its properties and method of manufacture, play an important role. [23] If a company or individual has an idea that they want to protect from use by others without their permission, it is best to seek legal protection of that intellectual property. Competition in the global pharmaceutical industry is driven by scientific knowledge rather than manufacturing know-how, and a company`s success largely depends on its R&D efforts. Therefore, investments in research and development in the pharmaceutical industry are very high compared to total sales; Reports suggest this could reach 15% of sales. One of the key challenges in this industry is managing innovative risks while striving to gain a competitive advantage over competing organizations. The risk of failure in pharmaceutical research and development comes at a high cost, as the development of potential drugs that cannot meet strict safety standards is sometimes halted after many years of investment. For drugs that overcome developmental barriers, it takes about 8 to 10 years from the date the compound was first synthesized. As product patents become the most important tools for protecting intellectual property, pharmaceutical companies need to shift their R&D from the development of new production processes for known drugs to the development of a new drug molecule and chemical entity (NCE).

In the 1980s, after a period of successful treatment of many short-term diseases, R&D focused on long-term (chronic) diseases. When researching the global market, you need to make sure that you have to meet the requirements of the various regulators. [18] By seeking property rights over your intellectual property – property that is a creation of the mind, such as an invention, a symbol or even a name. We can also help your business take action if you believe another party has infringed your intellectual property rights. Patents can be expensive to obtain and maintain, as there are annual or recurring fees to obtain them. And like trademarks, patents are only valid in the country where the patent was granted. Therefore, in-house lawyers need to determine which countries and markets need patent protection. C) Without a formal AUP, it is much more difficult to apply acceptable behaviour and to eliminate unacceptable behaviour and punish violations. As advised by the United States Patent and Trademark Office (USPTO), a patent is a type of temporary protection that can be used to protect new, non-obvious, and useful inventions (or discoveries), such as a new process, machine, workmanship, or composition of matter.


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