Position of Design & Copyright Protection in Pharmaceutical Industry

What is law available for the protection of graphics, contents, visual elements & creativity available on the packing material and novel appearance of the pharma related products.

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Q: What is law available for the protection of graphics, contents, visual elements & creativity available on the packing material and novel appearance of the pharma related products.
– Ashok Kumar
A: Except so many other factors, the pharma products are known with their brands and style of packing material. The exclusive, unique & creative designs of the products their containers and packing material play an important role in the recognition of the products which do not only keep the products in a different track from others but contribute to the goodwill of the brands and company also. For such kind of arrangements, the design of the products should be different from others and should be protected by the design registration. Here, the Industrial Design refers to the “Design” defined under the “Design Act, 2000” which is further registered under the same Act. As per the provision of this Act, “design” means only the features of shape, configuration, pattern, ornament or composition of lines or colors applied to any article whether in two dimensional or three dimensional or in both forms, by any industrial process or means, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye. The design of any pharma product to be registrable under the act should be new and original.

The copyright protection also has its place in pharma sector in the same way as design does through the protection of graphics, contents, visual elements, text material & creativity available on the packing material of the pharma products. Protecting through copyright registration, one can keep his packing material, outer carton’s design and appearance of pharma related products safe from being infringed which results from unauthorized use, copy or duplication.

Dr. Javed Hasan,
Advocate (High Court, Delhi) Through,
Lex Intellectia Attorneys for, Drugs & IPR Laws
Email : lexintellectia@gmail.com
Phone : 9818522970

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