Intellectual property rights

Intellectual Property Rights (IPRs) are legal rights that protect creations and/or inventions
resulting from intellectual activity in the industrial, scientific, literary or artistic fields.

Intellectual property rights are like any other property right. They allow creators, or owners, of
patents, trademarks or copyrighted works to benefit from their own work or investment in a
creation. These rights are outlined in Article 27 of the Universal Declaration of Human Rights,
which provides for the right to benefit from the protection of moral and material interests
resulting from authorship of scientific, literary or artistic productions.

The importance of intellectual property was first recognized in the Paris Convention for the
Protection of Industrial Property (1883) and the Berne Convention for the Protection of Literary
and Artistic Works (1886). Both treaties are administered by the World Intellectual Property
Organization (WIPO).

Common types of intellectual property rights include the following:

1. Patents
2. Copyright
3. Industrial design rights
4. Trademarks
5. Trade secrets
6. Trade dress

Patent: The term Patent has originated from the Latin word patere, which means ‘to lay open’,
to make available for inspection. A patent is an exclusionary right as it provides its inventor with
the right to exclude others from making, using, selling, offering for sale, or importing the
patented invention for the term of the patent, which is usually 20 years from the filing date.
Like any other property right, it may be sold, licensed, Mortgaged, assigned or transferred,
given away or simply abandoned.

The Patent Act 1970: In India, the patents act, 1970, deals with the Patenting of inventions. An
invention relating to a product or a process that is new, non-obvious, i.e., inventive, and has
industrial application can be patented in India provided it does not fall into the category of non-
patentable under the (Indian) patents act.

Copyright: exclusive right of the creator of an original work to his creation(work). It gives the
creator of an original work exclusive right to it, usually for a limited time. Copyright (or author’s
right) is a legal term used to describe the rights that creators have over their literary and artistic
works. Works covered by copyright range from books, music, paintings, sculpture, and films, to
computer programs, databases, advertisements, maps, and technical drawings.

The Copyright Act, 1957 provides copyright protection in India and amended by Copyright
(Amendment) Act 1999.

Industrial Design Rights: Industrial design right is a form of intellectual property right. These
rights protect the visual design of objects. An industrial design consists of the creation of a
shape, configuration or composition of pattern or color, containing aesthetic value. Industrial
designs help in making any product or item more beautiful and appealing. When a new and
original design is created, applied to a product, and commercialized, if it obtains a certain level
of commercial success, it is very important to protect the design legally. This is because if a
third party (normally a competitor) manufactures, uses or sells products with the same design
or a very similar one that can be confused with the original, it will be highly detrimental for the
creator of the design.The designs in India are governed by the design Act 2000 which was
replaced by Design Act 2011.

On the design being registered, the Controller General of Patents, Designs and Trade Marks
(CGPDTM) grants a certificate of registration to the proprietor. This proprietor has the copyright
on the registered design for 10years from the date of registration and it can be further
extended to another 5 years.

Trademarks: A trademark is a sign capable of distinguishing the goods or services of one

enterprise from those of other enterprises. Trademarks are protected by intellectual property
rights. Trade Marks Act, 1999 is an Act to amend and consolidate the law relating to trade
marks, to provide for registration and better protection of trade marks for goods and services
and for the prevention of the use of fraudulent marks.

Trademark registration gives exclusive proprietary rights to the mark’s owner. Applications for
registration of trademarks are to be filed in the prescribed manner.

Applications are examined to ensure compliance with the law and to ensure they do not
conflict with marks that are already registered or pending. Accepted applications are advertised
in the trade Marks Journal and opposition may be filed within three-month time from the date
of publication in the journal. One month extension for filing opposition can be obtained within
the three months period. Registration is good for 10 years, renewable every 10 years. However
a trademark that has not been used for five years or more from the date of registration can be
cancelled for non-use.

Trade Secret: A fifth type of intellectual property, in addition to patents, Trademarks, industrial
design rights, and copyrights, is trade secrets. Broadly speaking any confidential business
information which provides an enterprise a competitive edge maybe considered a trade secret.
It may be a formula, practice, business process, design, device, Pattern, or compilation of
information which is not generally known or reasonably ascertainable, by which a business can
obtain and economic advantage over competitors or customers.

In India, the protection of trade secrets is common law based. However, section 27 of the
Indian contract act provides some sort of limited remedy; it bars any person from disclosing any
information which he acquires as a result of a contract. Protection of trade secrets is very
important and one of the most challenging task for the Indian government as this will enhance
the foreign investment in India giving a boost to the Indian economy. Foreign investors have to
be assured for the protection of their trade secrets, so that they can do business with our
country.

Trade Dress: It is the visual appearance of a product or its packaging that signify the source of
the product to consumers. Trader dress is a legal term of art that generally refers to
characteristics of the visual appearance of a product or its packaging that signify the source of
the product to consumers. A product’s trade dress- its distinctive appearance, color, design,
shape, packaging, and even its aroma-is a crucial component of its brand equity. India’s trade
Marks act of 1999 specifically included elements of trade dress, for both products and
packaging, definition of trademark.