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Intellectual property rights are legal rights, which result from intellectual activity in the industrial, scientific, literary and artistic fields. These rights give statutory expression to the moral and economic rights of creators in their creations. Intellectual property rights safeguard creators and other producers of intellectual goods and services by granting them certain time-limited rights to control the use made of those productions. These rights also promote creativity and the dissemination and application of its results and encourage fair-trading, which contributes to economic and social development.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).
INDUSTRIAL INTELLECTUAL PROPERTY: Patent A patent is an exclusive right granted by a country to the owner of an invention to make, use, manufacture and market the invention, provided the invention satisfies certain conditions stipulated in the law. Exclusive right implies that no one else can make, use, import manufacture or market the invention without the consent of the patent holder. This right is available for a limited period of time. A patent in the law is a property right and hence, can be gifted, inherited, assigned, sold or licensed. As the right is conferred by the State, it can be revoked by the State under very special circumstances even if the patent has been sold or licensed or manufactured or marketed in the meantime. There is nothing like a global patent or a world patent. The patent right is territorial in nature and inventors/their assignees will have to file separate patent applications in countries of their interest, along with necessary fees, for obtaining patents in those countries. However, there are some regional systems where by filing one application one could simultaneously obtain patents in the member countries of a regional system. European Patent Office is an example of a similar system. Patent protection helps a patentee to enjoy his patent rights for a certain period of time and then after that period expires the patented invention is made available to the public so that they can use it. Patent protection serves the following purposes: It gives protection to a patentable invention for the exclusive use of it by its inventor. It gives a legal recognition to the invention and therefore the inventor‟s rights are legally protected and can be enforced by him in the court of law. It also makes others aware of the fact as to whom does the invention belong It leads to development of the human society as patents are not protected for infinity and
the shape of goods other than those for which a mark is proposed to be used. Patenting ones invention make useful data relating to the invention available to other inventors for further research and development. Passing off can be used as a remedy in instances where a business has been trading under an unregistered trademark for a long time. This protection is not provided by all the countries only some jurisdictions. i. Novelty : An invention will be considered novel if it does not form a part of the global state of the art. numeral. However. TRADEMARKS: A trademark is a distinctive sign. Trademarks are generally territorial in nature. and a rival business starts using the same or a similar mark. letter. three-dimensional signs such as shape and packaging of goods. An expired patent is also a prior art Everything disclosed in a patent/non-patent literature is prior art. Prior use of the invention in the country of interest before the filing date can also destroy the novelty. Subject to certain conditions. No valid patent can be granted for an invention devoid of utility. device. name written in a particular style. like the Common Law countries provide for passing off. may consist of a word or invented word.so after the expiry of the protection period the invention is made available to the public for use. For an invention to be patentable. . skilled in the subject matter of the patent application. heading.. which facilitate the protection of trademarks in more than one jurisdiction India offers protection for the business reputation or goodwill also. iii. it should qualify the following conditions.e. or colors used as distinguishing feature. It will cease to be novel if it has been disclosed in the public through any type of publications anywhere in the world before filing a patent application in respect of the invention. Trademark rights that are established in a particular jurisdiction are only enforceable in that jurisdiction. there are international trademark laws and systems. A „Mark‟ according to the Indian Trademarks Act. or any combination thereof or a combination of colors and so forth. which identifies certain goods or services as those produced or provided by a specific person or enterprise. which attaches to unregistered trademarks through the tort of passing off. Usefulness : An invention must possess utility for the grant of patent. Novelty is determined through extensive literature searches. signature. Inventiveness (Non-obviousness) : A patent application involves an inventive step if the proposed invention is not obvious to a person skilled in the art i. ii. label. brand. a trademark may also be symbolized by the name of a person. symbols. They may also consist of drawings. living or dead.
If trademark owners do not hold registrations for their marks in such jurisdictions. The owner of a registered trademark can stop other traders from unlawfully using his trademarks by filing a suit for damages and securing destruction of infringing goods and labels. a mark for goods appears on the product or on its packaging.SERVICE MARKS: A Service Mark is like a trademark except that it identifies and distinguishes the source of a service rather than a product. While registration of a trademark is not compulsory it offers better legal protection for action for infringement. Certain jurisdictions generally do not recognise trademarks rights arising through use like China. Trademarks are an important intellectual property and serve to perform the following functions: The basic aim of trademark is identifying the commercial source of products and services. and expectations of consumers as to quality and other characteristics. The registration symbol. trademark rights can be established through one or both means. It is not necessary to have a registration. Normally. may only be used when the mark is registered. or by registration of the mark with the trademarks office (or "trademarks registry") of a particular jurisdiction. Trademark registration is an evidence of ownership of the trademark and is a constructive notice nationwide of the trademark owner's claim. Anyone who claims rights in a mark can use the TM (trademark) or SM (service mark) sign with the mark to alert the public of the claim. trademarks facilitate identification of products and services. A Trademark also helps the owner of the Trademark in building up a Goodwill thereby helping then in establishing a place in the eyes of the consumer and consumer loyalty. Proprietary rights in relation to a trademark can be established by 2 ways ie by actual use in the marketplace. The law also allows the owner of a registered trademark to prevent unauthorised use of the mark in relation to products or services which are similar to the "registered" products or . providers or suppliers to consistently provide quality products or services enabling them to maintain their business reputation. which meet the trust. Trademark registration in India can also be used as a basis for obtaining registration in foreign countries. then the extent of enforceability of their rights will be. (R). Trademarks confer the following rights upon their owners: The registration of a trademark confers on the registered proprietor of the trademarkthe exclusive right to use the trademark in relation to the goods or services in respect of which the trademark is registered. to use these designations. while a service mark appears in advertising for the services. In many jurisdictions. Trademarks may also serve as an incentive and encouragement to manufacturers. or even a pending application.
adaptation. However. However. Economic rights include the right of reproduction.services. They hold the exclusive right to use or authorize others for use of the copyrighted material. public relation. as these rights are territorial in nature and there is no universal trademark. Copyright comprises two main sets of rights: The economic rights and moral rights. and in certain cases. if a registered trademark is not renewed or is not being used. Moral rights include the author‟s right to object to any distortion. There is no copyright in an idea. copyrights or industrial design trademark rights can last indefinitely if the owner continues to use the mark. The creator of the right can prohibit or authorize: Reproduction in various forms such as printed publication or sound recording Public performance as in a play or musical work Recordings in a disc or cassette Broadcasting by radio. as also their legal heirs have certain basic rights. distribution and so on. Copyright protects expressions and not the ideas. dramatic. translation. such as novel into screenplay . musical and artistic works Cinematograph films Sound recordings The original creators of works protected by copyright. The renewal is possible for further period of 10 years each. there is a range of international trademark laws and systems which facilitate the protection of trademarks in more than one jurisdiction. cable or satellite Translation into other languages Adaptation. public display. Unlike patents. it is liable to be removed from the register. broadcasting. prevent use in relation to entirely dissimilar products or services. mutilation or other modification of his work that might be prejudicial to his honor and reputation. Copyright subsists in the following classes of works: Original literary. public performance. The term of a trademark registration is for a period of ten years. Once trademark rights are established in a particular jurisdictionthen they can be enforceable only in that jurisdiction. Copyright: Copyright is a legal protection extended to the owner of the rights in an original work of creation.
where a given quality.Subject to certain conditions. as the case may be. where a given quality reputation or other characteristics of the good is attributable to its geographical origin. anonymous and pseudonymous publications. Geographical Indication: Geographical Indication (GI) refers to the Indications which identify a good as originating in the territory or a region or a locality in that territory. a fair deal for research. or a region or locality in that territory. sound recordings. study. works of government and works of international organizations. natural goods or manufactured goods as originating. dramatic. photographs. region or locality.g. musical and artistic works the 60-year period is counted from the year following the death of the author. In order to protect the interests of users. E. Neighbouring rights include rights of performing artists in their performances. some exemptions have been prescribed in respect of specific uses of works enjoying copyright. A properly protected GI will give protection to such goods in domestic as well as . rights of producers of phonograms in their phonograms and the rights of broadcasting organizations in their radio and TV programs. The period of Copyright protection in India is 60 years. or manufactured in the territory of a country. For the purpose of research or private study For criticism or review For reporting current events In connection with judicial proceeding Performance by an amateur club or society if the performance is given to a non-paying audience The making of sound recordings of literary. review and news reporting. For example The term “GI” has been defined in relation to goods. as well as use of works in library and schools and in the legislatures. In the case of original literary. dramatic or musical works under certain conditions. the 60-year period is counted from the date of publication. In the case of cinematograph films. is permitted without specific permission of the copyright owners. means an indication which identifies such goods as agricultural goods. reputation or other characteristics of such goods is essentially attributable to its geographical origin and in case where such goods are manufactured goods one of the activities of either the production or of processing or preparation of the goods concerned takes place in such territory. posthumous publications. criticism.
The registration of a design confers upon the registered proprietor „Copyright‟ in the design for the period of registration. creator. not previously published or used in any country before the date of application for registration. The use of geographical indications is not limited to agricultural products. In order to be registered. which in turn boost exports. “Stilton” (England) for cheese. Designs which are essentially technical or functional are not protectable. The duration of the registration of a design is initially ten years from the date of registration. such as “Darjeeling” (India) for tea. a Geographical Indications which is not or ceases to be protected in its country of origin or which has fallen into disuse in that country cannot be protected. originator of a design is not deprived of the bonafide award by others applying to their goods. such as specific manufacturing skills and traditions. Geographical indications have proved to be very valuable as they identify the source of the product and are an indicator of quality. which are due to human factors. The purpose of design Registration is to see that the artisan. which is the origin of the goods. configuration. Mostly. “Roquefort” (France) for cheese etc. Industrial Design: 'Design' means the features of shape. pattern. but in cases where claim to priority has been allowed the duration is ten years from the priority date. This initial period of registration can be extended by further period of 5 years. a geographical indication consists of the name of the place. Thus Registration of GI confers legal protection to your goods that are registered under the Act Thereby preventing unauthorized use of a Registered Geographical Indication by others as it facilitate an action for infringement exclusive right to use the geographical indication It provides legal protection to Indian Geographical Indications. „Copyright‟ means the exclusive right to apply a design to the article belonging to the class in which it is registered. mechanical or chemical and these features are reflected in the finished products by just looking at it. “Swiss” (Switzerland) for chocolate. The novelty may reside in the application of a known shape or pattern to new subject matter.international market. They may also highlight peculiar qualities of a product. According to TRIPS. ornament or composition of lines or colours applied to any article in two or three dimensional form by any industrial process or means which may be manual. It promotes economic prosperity of producers of goods produced in a geographical territory. . the design should be new or original.
dramatic or musical works. Copyright. for the most part. A person also infringes a registered trade mark where a sign is identical but the goods are dissimilar if the trade mark has a reputation in the UK and its use takes unfair advantage of. cable programmes (s. Essentially. The Act provides both civil and criminal law sanctions for the misuse of registered trade marks. the mark’s distinctive character or reputation (section 10(3)). also known as the CDPA. Although the UK's trade mark regime covers the Isle of Man. 48). including general Internet use. and contains a number of modifications to the law of the United Kingdom on Registered Designs and patents. . save for some minor provisions that were brought into force in 1990 and 1991. Designs and Patents Act 1988: The Copyright. engravings and works of artistic craftsmanship. It implements EU Directive No. and replaced an earlier law.I. been governed by the Copyright Act 1956 (c. 4): includes buildings. Designs and Patents Act 1988 (c. otherwise 70 years after the work was created or published (fifty years for computer-generated works). literary. It also creates an unregistered design right. This came into force on 1 August 1989. and copyright subsists from the date at which recording takes place artistic works (s. photographs.R ACTS IN U. published editions (s. until then. 7). eliminating the specific treatment of engravings and photographs. the 1988 Act and amendment establishes that copyright in most works lasts until 70 years after the death of the creator if known. The Act simplifies the different categories of work which are protected by copyright. sound recordings and films (s. sound or other information to two or more different places or to members of the public by any means other than wireless telegraphy. dramatic and musical works (s. 5) broadcasts (s. the Trade Marks Act 1938. A cable programme is a part of a service which transmits images. Section 93 of the Act makes enforcement of the criminal sanctions the duty of the local Weights and Measures Authority (usually the Trading Standards department) and imports enforcement powers from the Trade Descriptions Act. A person may also infringe a registered trade mark where the sign is similar and the goods or services are similar to those for which the mark is registered and there is a likelihood of confusion on the part of the public as a result (section 10(2)). 3): these must be recorded in writing or otherwise to be granted copyright. There are several exceptions. members of the public. The Trade Marks Act 1994 states that "a person infringes a registered trade mark if he uses in the course of trade a sign which is identical with the trade mark in relation to goods or services which are identical with those for which it is registered" (section 10(1) of the Act). 89/104/EEC (The Trade Marks Directive) which forms the framework for the trade mark laws of all EU member states. which had. it does not extend to the Channel Islands which have their own trade mark registers.P. 74).K : Trade Marks Act 1994: The Trade Marks Act 1994 is the law governing trademarks within the United Kingdom and the Isle of Man. or is detrimental to. 6): a broadcast is a transmission by wireless telegraphy which is intended for. which may be modified by Order in Council. 8) means the published edition of the whole or part of one or more literary. and capable of reception by. It reformulates almost completely the statutory basis of copyright law (including performing rights) in the United Kingdom. is an Act of the Parliament of the United Kingdom which received Royal Assent on 15 November 1988.
such assignments revert to the author's estate 25 years after the death of the author.Be it enacted by the Queen’s most Excellent Majesty. for example. Patents Act 1977 : An Act to establish a new law of patents applicable to future patents and applications for patents. It is standard practice for such assignments to be made in book publishing contracts. Copyright of any cover artwork. and by authority of the same. The publisher of a published edition of a work. an author may assign his copyright rights to another person. Under UK copyright law. by and with the advice and consent of the Lords Spiritual and Temporal. to give effect to certain international conventions on patents. and Commons. Copyright of the text of the insert. Unlike American copyright law. it should be noted that photographs. but that only applies to works made before 1st June 1957. the person who made the arrangements necessary for the creation of the work. (b) it involves an inventive step. . It is quite possible for more than one copyright to subsist within a work. The producer and principal director of a film. the first owner of a copyright is assumed to be the author of the work. to amend the law of patents applicable to existing patents and applications for patents.-(1) A patent may be granted only for an invention in respect of which the following conditions are satisfied. For example. The maker of a broadcast. The author of a work is: The creator of a literary. the duration of the copyright term does not (after the commencement of the 1956 [dubious – discuss] Act) vary depending on who owns the copyright. the copyright owners of such works is the person who commissioned and paid for them. that is to say (a) the invention is new.Under the 1988 Act. if a CD of songs is produced then the following copyrights at the very least must be taken into account: Copyright of the sound recording. The producer of a sound recording. in this present Parliament assembled. If a work is made by an author in the course of employment then the author's employer is the first owner of copyright. In general. If a work is computer generated. Copyright of the typographical arrangement of the insert. Copyright of the sheet music being played on the sound recording. and for connected purposes. However. portraits and engravings which were commissioned and paid for prior to the 1988 Act coming into force have different rules governing the first ownership of copyright. musical. Copyright of any lyrics. dramatic or artistic work. In that case the permission of all copyright holders is required for acts that would otherwise be an infringement of copyright. Under the 1911 Act. If more than one person qualifies as an author then a work is one of joint authorship. as follows:Patentable inventions 1.
or a program for a computer. and approved by resolution of. dramatic. rule or method for performing a mental act.(c) it is capable of industrial application. (d) the presentation of information. (4) For the purposes of subsection (3) above exploitation shall not be regarded as contrary to public policy or morality only because it is prohibited by any law in force in the United Kingdom or any part of it. anything which consists of (a) a discovery. (5) The Secretary of State may by order vary the provisions of subsection (2) above for the purpose of maintaining them in conformity with developments in science and technology. playing a game or doing business. each House of Parliament. (d) the grant of a patent for it is not excluded by subsections (2) and (3) or section 4Abelow. (b) a literary. and no such order shall be made unless a draft of the order has been laid before. (2) It is hereby declared that the following (among other things) are not inventions for the purposes of this Act. that is to say. musical or artistic work or any other aesthetic creation whatsoever. (c) a scheme. . (3) A patent shall not be granted for an invention the commercial exploitation of which would be contrary to public policy or morality. scientific theory or mathematical method. and references in this Act to a patentable invention shall be construed accordingly. but the foregoing provision shall prevent anything from being treated as an invention for the purposes of this Act only to the extent that a patent or application for a patent relates to that thing as such.
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