Firstly let us know what an intellectual property means?
The property which an individual has is his inventions and creations and these his intellectual properties...so intellectual property is creation of mind let it be a symbol or a design or an artistic, literary work....
These properties can be categorized as;
• Industrial properties like patents, trademarks.
• Copyrights which mean the right to copy and use the literacy.artistic, musical works.
It is necessary to protect ones own individual ideas and everyone has a right to intellectual properties. So intellectual property rights are protected under the law and if any one feels that their patent or their products are being copied then they can file a petition.
IPAB is Intellectual Property Appellate Board has been constituted by central government where all the appeals are heard under the trade marks act.
An issue happened between Roche and Cipla related to IPR.
Erlotinib is a lung cancer drug which is patented in 2007 by Roche under the name tarceva but Cipla launched it at a low cost with out any permission. Roche filed case against Cipla as they were manufacturing the drug but Cipla has argued that in the patent (which was taken in 2007) there were no specifications done and it was a derivative of quinazoline which was in their patent and even the drug was of high cost and no modifications were done to the drug in improving its efficacy. Finally Roche lost the case and patent as well.
Cipla has faced challenges in India and abroad from multinational pharmaceutical companies looking to protect their patents on particular medications, including antiretroviral drugs used to combat HIV infections in countries like South Africa, where access is severely limited by the annual per-person cost of US$10,000 to US$15,000. Most recently, the Delhi high court awarded Cipla the right to continue selling a low-cost...