Pharmabiz
 

Interface of IP/Patent awareness for pharmacists

Dr. Gopakumar G. NairThursday, December 17, 2015, 08:00 Hrs  [IST]

In the current context of the Indian pharmaceutical industry having become global both on regulatory practices as well as IP and Patent Law aspect of country-wise non-infringement and freedom-to-operate related work-around options to avoid infringement and also evaluation of patentability criteria of potential inventions, every pharmaceutical student and pharmacists of India, need exposure to the basics of intellectual property and patent law provisions not only of India but also of the countries to which India exports pharmaceuticals and biologicals.

Pharmacists engaged in teaching, quality assurance, preparation of dossier for regulatory submissions, process or product development or NCE research, supply chain management including marketing, all of them, need minimum awareness of patents, patentability and enforcement criteria, infringement scope and consequences, work around options and strategies, in-licensing and out-licensing procedures and IP/Patent provisions in contracts and agreements.

While pharmaceutical research organisations and corporates need to seek IP/Patent support from pharma-savvy patent attorneys for PNIS (Patent Non-Infringement Status) and FTO (Freedom-to-Operate) opinions, patentability opinions as well as for drafting and filing patent applications, it is imperative for senior management as well as technical staff such as pharmacists, technologist and engineers to have knowledge of the patent law provisions to understand the opinions, to implement them effectively, logistically and strategically  for commercial benefits.

Indian Pharmacists have multiple options to achieve awareness or proficiency in Patents. WIPO provides the best online platform for beginners. The WIPO website is www.wipo.int. WIPO offers among other topics, patentscope for searching international patents and patent applications database, PCT (Patent Co-operation Treaty) related information for international patent application filing, WIPO careers for internship at WIPO etc.

WIPO has an excellent training platform called WIPO Academy (www.wipo.int /academy/en). Various courses are being offered by WIPO starting with DL-001, and most importantly DL-101. The schedule of WIPO distance learning courses for 2016 as re-formatted from WIPO Academy website is attached herewith.

Schedules and time lines for other courses on (a) DL-318 Patent Information Search (b) DL-320 Basics of Patent Drafting (c) DL-450 Intellectual Property Management (d) DL-203 Intellectual Property, Traditional Knowledge and Traditional Cultural Expressions, are expected to be announced during 2016                      

The WIPO Academy site provides FAQs, WIPO eLearning centre, Academy online registration etc. course catalogue, course details and online registration procedures. Every pharmacist needs to access and avail the large patent information and related databases from the WIPO site. It is advised that pharmacists must do online registration with WIPO and successfully complete maximum possible online courses from WIPO.

Another recommended course for familiarising on IP and patents for pharmacists is the partially online course offered by NALSAR, Hyderabad. NALSAR (www.nalsar.ac.in) offers proximate education program courses on Post-Graduate Diploma in Patent Laws, the details of which are available on www.nalsarpro.org. The course is substantially online with quarterly three-day lectures at major cities followed by written examination and viva.

Various training programs for Diploma in Patent Law and Practice, certificate programs on Patent Law and training for Patent Agent examination are being conducted at major cities by private institutions as well as law departments of leading universities.   

Rajiv Gandhi National Institute of Intellectual Property Management (NIIPM) at Nagpur is the institute run by the Government (Department of Industrial Policy & Promotion) and managed by the Office of the Controller General of Patents, Designs and Trademarks (www.ipindia. nic.in/niipm).  The annual training schedules are available on the website.

IIPS (Institute of Intellectual Property Studies) was one of the earliest to provide structured training program leading to Diploma in Patent Law and Practice.  SVKM/NMIMS conducts various programs and courses on Intellectual Property and Patents (http://iips.nmims.edu/).

Indian Institute of Patent and Trademark has recently commenced in Hyderabad also offers Post-graduate Diploma in IPR and Patent Management.

GIPP (Global Institute of Intellectual Property), Delhi is also active in dissemination of IP and Patents (http://www. giipinfo.com/).

GNA Patent Gurukul (http://www.patentgurukul.com/) has been conducting both Diploma and Certificate courses on Patent Law and Practice.  After successfully conducting many batches in Mumbai, the training program has shifted to Pune.  Patent Gurukul is specializing in organizing the programs jointly with pharma colleges and universities for conducting the weekend lectures wherein the faculty and course material is made available by Patent Gurukul and the students (including teaching staff) are made available and enrolled by the college/university.  This model is working very well and is benefiting a large number of pharma students and teachers.  Patent Gurukul also undertakes one week intensive (five- day) program on IP & Patent Law Practice and Procedures.

Consequent to a suit filed in Chennai High Court and resultant sub-judice status, Patent Office has not been conducting Patent Agent Examination for last two years.  It is hoped that the deadlock will be resolved and further schedules for Patent Agent Examination will be announced soon.u

(The author is CEO , Gopakumar Nair Associates)

 
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