● Research Article By:
Aishwarya R. Ghuge
Ballb Second Year
YC Law College, Pune
● What is Intellectual property?
● Intellectual property stands for creativity of Mind:
invention, literacy and artistic works, symbols, names, images, designs used in commerce.
● Intellectual Property Rights by name can be defined as like,
it is an intangible creation of the human mind usually expressed or translated into a tangible form that is a assigned certain rights of property.
● For instance, an authors copyright on his book or article, a distinctive or unique logo design representing a soft drink company and its products manufactured and a patent on the process of manufacture of chewing gum.
● What’s IP Rights?
● IPR can be defined as the rights given to the people over the creation of their minds. They simply gives the creator an exclusive legallyfied right over the utilization of his or her creation for a particular period of your time .
● What are the Rights protected under property ?
● Now, the various sorts of property Rights are as follows :
iv. Industrial designs
v. Protection of Integrated Circuits layout design
vi. Geographical indications of goods
vii. Biological diversity
viii. Plant varieties and farmers rights
ix. Undisclosed information.
● HISTORY OF IPR IN INDIA
● Copyright law had its first entry In India, in the year 1847, through an enactment during times of the East India Company. In those times, the term of the copyright was for 42 years plus 7 years post-mortem. The government could grant a compulsory license for publishing a book if the owner of the copyright, upon the death of the author, its publication was denied. Registration of Copyright was mandatory for the protection and to enforce rights under this act.
● After several amendments, many times until 1957 and therefore , in the year 1957 the Copyright Act was enacted by independent India in order to suit to the provisions of the Berne Convention. The latest amendment was made in the year 2012.
● Initiatives taken by Government of India towards protection of IPR
● The Government of India has released out A Handbook of Copyright Law to create awareness amongst the citizens about copyright laws and also amongst the stakeholders, enforcement agencies, professional users and all members of the public.
● Several training programs were conducted on copyright laws for the police and customs officers.
● By National academy , Hyderabad and National Academy of Customs, Excise and Narcotics, The Department of Education, Ministry of Human Resource Development.
● Several measures has been initiated in the past by (GOI) Government of India, for strengthening the enforcement of copyrights that include constitution of a Copyright Enforcement Advisory Council(CEAC),separate cells created in state police station , encouraging fixing of collective administration societies and organization of seminars and workshops to make greater awareness of copyright laws among the enforcement personnel and therefore the general public.
● Special cells for copyright enforcement are found out in 23 States and Union
● Territories, namely Andhra Pradesh, Assam, Andaman & Nicobar Islands, Chandigarh, Dadra & Nagar Haveli, Daman & Diu, Delhi, Goa, Gujarat, Haryana, Himachal Pradesh, Jammu & Kashmir, Karnataka, Kerala, Madhya Pradesh, Meghalaya, Orissa,Pondicherry, Punjab, Sikkim, Tamil Nadu , Tripura and West Bengal .
● The Government also initiated several of seminars/workshops on copyright issues. The participants include enforcement personnel as well as representatives of industry organizations.
● Made In India legislations on IPR.
● Broadly, the acts defined belows, deals with the protection of intellectual property in India :-
● Trade Marks Act, 1999
● The Patents Act, 1970 (as amended in 2005)
● The Copyright Act, 1957
● The Designs Act, 2000
● The Geographical Indications of products (Registration and Protection) Act, 1999
● The Semiconductor Integrated Circuits Layout Design Act, 2000
● The Protection of Plant Varieties and Farmers’ Right Act, 2001
● The Information Technology Act, 2000
● Copyrights In India
● The Indian Copyright Act 1957, moulded with the amendments in 1999, 2002 and 2012, totally a reflection of the Berne Convention for Protection of Literary and Artistic Works, 1886 to which India is a party and also the Universal Copyrights Convention.
● As India is also a party to the Geneva Convention for the Protection of Rights of Producers of Phonograms in addition to that, also an active member of the World Intellectual Property Organization (WIPO) and United Nations Educational, Scientific and Cultural Organization (UNESCO).
● Copyright protection is not subject to any registration formalities and it comes into existence as soon as the work is created. Copyright registration is optional.A copyright owner is entitled to use and to authorize others to use the copyrighted work. Copyright protection is also available for a limited period of time after which the work passes into public domain.
● Patents concerned with protection of technical embodiments of an discoveries or invention.Granted for marketable inventions (vendible products and processes) in any fields of technology which satisfy the trio criteria of novelty, inventive step, and industrial applicability.
● Validity of a patent is for a fixed term, usually 20 years, and the holder of the patent right, called as a patentee is entitled to use or transfer the right the use the patent to others. Disclosure is a mandatory requirement for grant of patent and the applicant is required to disclose the technical specifications of a patent in the patent application.
● Trademarks is a visual representation which identify and distinguish the goods and services of one entity from those of another entity. One of the mainfunctions of trademark is to facilitate association of a particular characteristic
or quality to a specific product or service.
● Trademarks are initially granted for a specific period of time and they are renewable for perpetuity; with the first purpose of avoiding consumerconfusion.
● The proprietor of a registered trademark is entitled to use, transfer,and enforce their trademark and also to use the symbol ® with their trademark.
● Industrial Designs
● Industrial Design refers to the two-dimensional or three-dimensional ornamental or aesthetic features of a product, including shape, configuration,pattern, lines, or colour.
● Owners of registered designs are protected against unauthorized use of their design and also are entitled to the exclusive use of their registered design.
● Design protection is out there for a hard and fast period of your time , which is 10 years in
India and may be extended for an extra period of 5 years.
● Geographical Indications
● Geographical Indications are collective marks and signs which denote the geographical origins of a product when one or more characteristics or reputation of the product are attributable to its geographical origin.
● Unlike other IP rights, geographical indications don’t belong to a private entity and are considered to be belonging to a whole community of producers.
● An individual is allowed to get registration as authorized user of a Geographical Indication; subject to fulfillment of certain conditions.
● A geographical indication enjoys protection for perpetuity after complying with certain procedures.
● Layout-Design of Integrated Circuits
● The sui-generis legislation in India to guard layout-designs is that the Semiconductor Integrated Circuits Layout Design (SICLD) Act, 2000 which protects technical designs of semiconductor chips utilized in computers, smartphones, televisions, and other electrical or digital devices.
● Plant Varieties
● This system protects new sorts of plants which fulfill the standards of novelty,uniformity, stability, and distinctiveness. In India, the sui-generis legislation protecting new plant varieties is the Protection of Plant Varieties and Farmers’Rights Act, 2001.
● It is important to deconstruct and understand basic concepts underlying intellectual property, such as the role of property based system in incentivizing creativity and innovation, principles of exclusion and alienability, and the nature & type of remedial actions available against violation of property.
● Differentiation is that the unifying factor which binds all kinds of intellectual property which has been divided into Copyright and Industrial Property greatly encompassing patents, trademarks, industrial designs, geographical indications, plant varieties, layout-designs of integrated circuits, and protection
against unfair competition.IPR plays a crucial role in every sector.
● Important Websites related to IPR study
● http://www.ipindia.nic.in – Intellectual Property Office, India
● http://www.patentoffice.nic.in – Patent office, India
● http://copyright.gov.in/ – Copyright Office, India
● ipr.icegate.gov.in – Automated Recordation & Targeting for IPR Protection
● http://www.icegate.gov.in- E- Commerce portal of Central Board of Excise and Customs
● http://www.ipab.tn.nic.in – Intellectual Property Appellate Board, India
● http://www.mit.gov.in – Department of Information Technology, India
● registry – Semiconductor Integrated Circuits Layout-Design Registry (SICLDR)
● http://www.plantauthority.gov.in – Plant Varieties and Farmers’ Rights Authority, India
● http://nbaindia.org/ – National Biodiversity Authority
● http://www.nipo.in – The Indian IPR Foundation
● http://www.wipo.int – World Intellectual Property Organisation
● http://www.wto.org – World Trade Organisation