Emerging Trends in Intellectual Property Rights

Intellectual Property:


IP refers to creations of the mind: inventions, mind: literary and artistic works, and symbols, names, images, and designs used in commerce. commerce. Confers rights to owners and creators of the work, for their intellectual creativity. creativity. Offers exclusionary rights for limited duration of time to the creator or inventor against any misappropriation or use of work without his/her prior knowledge. knowledge.

On international level it is governed by the World Intellectual Property Organization (WIPO). (WIPO). The WTO agreement contains an agreement on IP, namely, the Agreement on Trade Related Aspects of Intellectual Property (TRIPS). (TRIPS). TRIPS Agreement sets out minimum standards of intellectual property protection for Member States. States. India has complied with the obligations contained in the TRIPS Agreement and amended/enacted IP laws. laws.

Intellectual Property includes:

       

Patents Copyrights Trademarks Geographical Indications Industrial Designs Trade Secrets Layout Design for Integrated Circuits Protection of New Plant Variety and Farmers Rights

Patent:


The laws related to patents are governed by the Patents Act, 1970. 1970. A patent is an exclusive right granted for an invention, which is a product or a process that provides a new way of doing something, or offers a new technical solution to a problem. problem. It provides protection for the invention to the owner of the patent. patent. Patent protection means that the invention cannot be commercially made, used, distributed or sold without the patent owner's consent. consent.

A patent owner has the right to decide who may - or may not - use the patented invention for the period in which the invention is protected. protected. The patent owner may give permission to, or license, other parties to use the invention on mutually agreed terms. terms. The owner may also sell the right to the invention to someone else, who will then become the new owner of the patent. patent. The protection is granted for a limited period, i.e 20 years. years. Once a patent expires, the protection ends

Protection of New Plant Variety and Farmers Rights



Governed by the act Protection of plant variety and Farmers Rights Act, 2001 The objective of this act is to recognize the role of farmers as cultivators and conservers for the development of new varieties, to protect and benefit the breeders of new plant varieties, to encourage the growth of seed industry through domestic and foreign investments so as to ensure supply of high quality seeds and planting material to the farmers.

The rights of the breeders are protected :  by granting them a monopoly to use and sell the seeds and planting material of the new plant varieties involved by them through a system by which they are granted registration. registration.  by granting them a share in the profits gained on the sale of seeds and planting material derived from registered new plant varieties along with breeders. breeders. Such registration is equivalent to a patent granted to the inventor. inventor.  The total period for protection is 10 years from the date of registration. registration.

Trademarks:

A Trademark is a visual representation attached to goods for the purpose of indicating their Trade origin. origin. Form of a word ,a device or a label applied to articles of commerce It provides protection to the owner of the mark by ensuring the exclusive right to use it to identify goods or services, or to authorize another to use it in return for payment

Registration of trademark is prima facie proof of its ownership giving statutory right to the proprietor The Trade Marks Bill, 1999 was passed in the India parliament during the winter session for replacing the Trade and Merchandise Marks Act, 1958. 1958. It was passed on 23rd December, 1999. 23rd 1999.

Industrial Designs:


Industrial designs refer to creative activity, which result in the ornamental or formal appearance of a product, and design right refers to a novel or original design that is accorded to the proprietor of a validly registered design. Industrial designs design. are an element of intellectual property. property. The essential purpose of design law it promote and protect the design element industrial production. It is also intended production. promote innovative activity in the field industries. industries. to of to of

The existing legislation on industrial designs in India is contained in the New Designs Act, 2000 and this Act will serve its purpose well in the rapid changes in technology and international developments. developments. Indias present legislation is aligned with the changed technical and commercial scenario and made to conform to international trends in design administration. administration. This replacement Act is also aimed to inact a more detailed classification of design to conform to the international system and to take care of the proliferation of design related activities in various fields. fields.


Copyrights


The Copyright Act, 1957 as amended in 1983, 1984, 1983, 1984, 1992, 1992, 1994 and 1999 governs the copyright protection in India. India. Copyright is a legal term describing rights given to creators for their literary and artistic works. works. Literary works includes novels, poems, plays, reference works, newspapers and computer programs; programs; films, musical compositions, and choreography; choreography; artistic works such as paintings, drawings, photographs and sculpture; architecture; sculpture; architecture; and advertisements, maps and technical drawings. drawings.

Total term of protection for literary work is the authors life plus sixty years. years. Copyright gives protection for the expression of an idea and not for the idea itself. For example, itself. many authors write textbooks on physics covering various aspects like mechanics, heat, optics etc. etc. Even though these topics are covered in several books by different authors, each author will have a copyright on the book written by him / her, provided the book is not a copy of some other book published earlier. earlier.

Lord Sri Krishna the eternal spirit of the Bhagavad Gita watercolor on paper by Barnali Saha Copyright Barnali Saha All Rights Reserved Unauthorized reproduction prohibited

Geographical Indications:


GI are sign used on goods that have a specific geographical origin and possess qualities or a reputation that are due to that place of origin. origin. Agricultural products typically have qualities that derive from their place of production and are influenced by specific local factors, such as climate and soil. soil. They may also highlight specific qualities of a product, which are due to human factors that can be found in the place of origin of the products, such as specific manufacturing skills and traditions. traditions.

It is important that the product derives its qualities and reputation from that place. Place of origin may place. be a village or town, a region or a country. country. It is an exclusive right given to a particular community hence the benefits of its registration are shared by the all members of the community. community. The GIs of goods like Chanderi Sarees, Kullu Sarees, Shawls, Wet Grinders etc have been registered. registered. Keeping in view the large diversity of traditional products spread all over the country, the registration under GI will be very important in future growth of the tribes / communities / skilled artisans associated in developing such products. products.

Trade Secrets:


A trade secret is a valuable piece of information with the essential requirement that the information be treated as such, i.e. as a secret. secret. It may be confidential business information that provides an enterprise a competitive edge may be considered a trade secret. Usually these are secret. manufacturing or industrial secrets and commercial secrets. secrets. These include sales methods, distribution methods, consumer profiles, advertising strategies, lists of suppliers and clients, and manufacturing processes. processes. Contrary to patents, trade secrets are protected without registration. registration. .

The value of a trade secret resides in the fact that competitors or other interested parties do not have access to it. Therefore, a trade secret must be kept it. secret so that no one could, without the consent of the owner, acquire it. it. Thus, A trade secret can be protected for an unlimited period of time. The owner has the exclusive right to time. use / exploit a trade secret as long as it remains a secret. secret. It is said that the trade secret of Coca-Cola still has not Cocaentered the public domain despite the fact that the common ingredients of Coca-Cola are known. Cocaknown. A chemical composition falling in this category need to be protected through a trade secret rather than patent which is a publicly known document. document.

Layout Design for Integrated Circuits:



Semiconductor Integrated Circuit means a product having transistors and other circuitry elements, which are inseparably formed on a semiconductor material or an insulating material or inside the semiconductor material and designed to perform an electronic circuitry function. function. The aim of the Semiconductor Integrated Circuits LayoutLayout-Design Act 2000 is to provide protection of Intellectual Property Right (IPR) in the area of Semiconductor Integrated Circuit Layout Designs and for matters connected therewith or incidental thereto. thereto.

The main focus of SICLD Act is to provide for routes and mechanism for protection of IPR in Chip Layout Designs created and matters related to it. it. The SICLD Act empowers the registered proprietor of the layout-design an inherent right layoutto use the layout-design, commercially exploit it layoutand obtain relief in respect of any infringement. infringement. The initial term of registration is for 10 years; years; thereafter it may be renewed from time to time. time.

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