Intellectual Property Rights

PUTTU GURU PRASAD INC GUNTUR

What is IPR?

Intellectual Property is the Property, which has been created by exercise of intellectual faculty. It is the result of persons' intellectual activities. Thus Intellectual Property refers to creation of the mind such as inventions, designs for industrial articles, literary, artistic work, symbols which are ultimately used in commerce. Intellectual Property rights allow the creators or owners to have the benefits from their works when these are exploited commercially. These rights are statutory rights governed in accordance with the provisions of corresponding legislations.

Intellectual Capital Rights
• •

They are basically private rights Law confers this right with the sole purpose of stimulating innovations and creativity. IPR have become commercial commodities in the current scenario The law not only conveys an exclusive right to the owner of the IP, but also grants the right to reproduce, distribute and gain commercial returns for their innovations and creation.

IP Rights Classification
• • •

• • •

Industrial Property and Copyright As per WIPOWorld Intellectual Property Organization IP Rights include the following rightsLiterary, artistic and scientific works ( including the performances of the performing artists, phonograms, and broadcasts, and inventions in all the fields of human endeavor) Scientific discoveries Industrial Designs Trademarks, services marks, and commercial names and designations It includes the protection against unfair competition

     •   

TRIPS- Trade Related Intellectual Property Rights

Copyright- The Copyright Act-1957 Trademark- The Trade and Merchandise Marks, 1958 & Trade marks Act, 1999 Patents- The Indian Patents Act, 1970, The Indian Patents Amendment Act, 2005 Industrial designs- Designs Act, 2000 Geographical indications- The Geographical Indications of Goods ( Registration and Protection ) Act, 1999 Layout and Designs Integrated Circuits- The Semiconductor and Integrated Circuits Layout-Design Act, 2000 Trade Secrets Traditional Knowledge Protection of Plant varieties- The Protection of Plant Varieties and Farmers’ Rights Act,2001

Copyrights

 

Copyright- it protects any literacy, dramatic, musical, artistic and certain other intellectual works, it includes the protection of works like poetry, video games, plays, paintings, sculpture, recorded music, photography, choreography and architectural designs, translation inclusive of the neighboring rights ( printing, entertainment, audio, video, broadcasting etc), etc E.g. Books, Research Articles, Art, Music etc can be protected under the Copyright Laws In case of infringement of the rights of the owner under this law, the owner can make the person liable.

Infringement & Fair Use/ Fair Deal

 

The infringement occurs, when without the consent of the owner, the person copies, or uses the copyrighted material without authorization. The offences are punishable under the law with imprisonment and fine The copyright law allows some fair deal for the purpose of research, study, criticism, review and news reporting, as well as use of works in library and schools and in the legislatures, if the copyrighted material is used without specific permission of the copyright owners.

Some of the exemptions are the uses of the work
     

In order to protect the interests of users, some exemptions have been prescribed in respect of specific uses of works enjoying copyright. 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, and the making of sound recordings of literary, dramatic or musical works under certain conditions.

Patents

• •

A patent is a legal monopoly granted for a limited time to the owner of an invention. It empowers the owner of an invention to prevent others from manufacturing, using, importing or selling the patented invention. The patent can related to a product patent or the process patent In order to get a registration ,the product or the process of invention must be something that is new, useful and non-obvious. The person who has been granted this right is a patentee, who has the exclusive right to use the invention.

Other requirements for patent protection
• • • • •

Filing of a patent application should be done before the first public disclosure or offer for sale. Any unauthorized, use, sale or distribution of the patented product or process amounts to infringement. The licensee can file a suit in the court ( District Court or the High Court) for infringement The remedies are - order of injunction, damages or an account of profit made by the person who has infringed The infringing goods can be seized, forfeited and also destroyed as per the order of the court.

Trade Marks

• •

A trade mark (it is easy to build the brand name) is a visual symbol/ representation, which may be a word signature, name, device, label, numerals or combination of colors used by one undertaking on goods or services or other articles of commerce to distinguish it from other similar goods or services originating from a different undertaking. It helps the owner in protection of its goodwill Any person claiming to be the proprietor of a trade or agent can apply for registration. After registration the owner of the trade mark can stop other traders from unlawfully using his trade mark.

The owner can sue for damages and secure destruction of infringing goods and or labels. The owner has the exclusive right to the use of the registered trade mark and indicate so by using the symbol (R) in relation to the goods or services in respect of which the mark is registered. The remedies include a case for an action of passing off, criminal action, damages or an account of profits.

Remedies
The Registration of trade mark performs four functions: • It identifies the goods / or services and its origin • It guarantees its unchanged quality • It advertises the goods/services • It creates an image for the goods/ services.

Geographical Indications
• 

• • • • •

MeaningGI is an indication, which originates from a definite geographical territory. It is used to identify agricultural, natural or manufactured goods. The manufactured goods should be produced or processed or prepared in that territory. It should have a special quality or reputation or other characteristics Examples of possible Indian Geographical Indications. Basmati Rice, Darjeeling Tea, Mysore or Pochampalli or Kancheepuram Silk Saree Alphanso Mango or Nagpur Orange Kolhapuri Chappal This is a Pochampalli design saree

Object of the GI

The GI confers legal protection to Geographical Indications in India and prevents unauthorized use of a Registered Geographical Indication. Indian Geographical Indications can in turn boost exports and promote economic prosperity of producers of goods produced in a geographical territory. Difference between TM and GI A trade mark is a sign which is used in the course of trade and it distinguishes goods or services of one enterprise from those of other enterprises, whereas A geographical indication is an indication used to identify goods having special characteristics originating from a definite geographical territory.

Designs ( Industrial Designs)

'Design' means only the features of shape, configuration, pattern or ornament or composition of lines or color or combination thereof applied to any article whether 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. Article- means any article of manufacture and any substance, artificial, or partly artificial and partly natural; and includes any part of an article capable of being made and sold separately. Designs Act, aims at protecting new or original designs so created to be applied or applicable to particular article to be manufactured by Industrial Process or means. The subject matter of designs is ornamental designs and it applies to the field of manufacturing, clothing and automobiles.

Trade Secrets

Trade secrets" is the legal term for confidential business information. A good non legal definition of a "trade secret" is a secret belonging to a business. This information allows your company to compete effectively. Examples of trade secrets include customer identities and preferences, vendors, product pricing, marketing strategies, company finances, manufacturing processes and other competitively valuable information.

Traditional Knowledge

 

This form of protection focuses on the use of knowledge such as traditional technical know-how, or traditional ecological, scientific or medical knowledge. This encompasses the content or substance of traditional know-how, innovations, information, practices, skills and learning of TK systems such as traditional agricultural, environmental or medicinal knowledge. These forms of knowledge can be associated with traditional cultural expressions (TCEs) or expressions of folklore, such as songs, chants, narratives, motifs and designs. E.g. In India Neem is used as a medicine, Thai traditional healers use plao-noi to treat ulcers

Plant Varieties- The Protection of Plant
Varieties and Farmers’ Rights Act,2001

It is an Act enacted to provide for the establishment of an effective system for protection of plant varieties, the rights of farmers and plant breeders and to encourage the development of new varieties of plants. It also considers it necessary to recognize and protect the rights of the farmers in respect of their contribution made at any time in conserving, improving and making available plant genetic resources for the development of new plant varieties; and to accelerate agricultural development in the country.

Other objectives of the Act

It is necessary to protect plant breeders’ rights to stimulate investment for research and development, both in the public and private sectors, for the development of new plant varieties. It is aimed that, such protection will facilitate the growth of the seed industry in the country which will ensure the availability of high quality seeds and planting material to the farmers. Finally, it can be concluded that, in the present context of economic development, IPR is valued higher than that of the physical assets of the any company

Sign up to vote on this title
UsefulNot useful