➢ What is Intellectual Property
➢ Intellectual Property Rights (IPR)
➢ Objectives of IPR
➢ History of IPR in INDIA
➢ Trade Secret
➢ Trademark ™
➢ Industrial Design
➢ Patent
➢ Copyright
➢ Plant Variety Protection
➢ Geographical Indication (GI).
Intellectual Property - IP is an idea, a design, an invention, a manuscript etc. which can ultimately give rise to a useful product and application.
Intellectual Property Rights - Right of an inventor to derive economic benefits from his intellectual property; this right is called as Intellectual Property Rights.
OR
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
Objectives of Granting IPR
1. It helps in protecting the ownership and originality of the individuals’ creation.
2. It provides recognition to the concerned person or authority.
3. It allows owners of intellectual property to have financial benefits from the property they have created.
4. They are provided financial incentive for the creation of and also to incur the cost of investment in intellectual property
5. Such rights motivate individuals’ creativity and thus also contribute to economic growth.
6. It can also offer some economic aid to the holder of the right, through the monopoly of their creations.
7. It improves the financial status of the individual as well as of the economy of the country.
8. To enhance the performance levels of institutions.
9. To create competition among the researchers and institutions for quality of research.
History of Intellectual Property Rights
The first law on patent was passed in Venice in 1474 which gave monopoly rights to artisans for their inventions.
Legislations covering IPRs in India
➢ Patents: The Patents Act, 1970 and was amended in 1999 and 2002. The amended Act after the amendments made in 2002 came into force on May 20, 2003.
➢ Design: A new Design Act 2000 has been enacted superseding the earlier Designs Act 1911.
➢ Trade Mark: A new Trademarks Act, 1999 has been enacted superseding the earlier Trade and Merchandise Marks Act, 1958. The Act came in force from September 15, 2003.
➢ Copyright: The Copyright Act, 1957 as amended in 1983, 1984 and 1992, 1994,1999 and the Copyright Rules, 1958.
➢ Protection of Undisclosed Information: No exclusive legislation exists but the matter would be generally covered under the Contract Act, 1872.
➢ Geographical Indications (GI): The Geographical Indication of Goods (Registration and Protection) Act 1999.
➢ Protection of Plant Varieties and Farmers’ Rights Act 2001 (PPV&FR - 2001): Sui generis system of plant varieties protection.
➢ National Biological Diversity Act 2002: It shall provide legal protection to our biodiversity.
Trade Secret
When an individual organization owning and intellectual property does not disclose the property to anyone and keep it as a closely guarded secret, it is called a Trade Secret. Trade secret may relate to formulae, processes or materials. The best guarded secret of the modern time concerns the formulation of Coca Cola. (Merchandise 7X, the "secret ingredient" or "secret formula" in Coca-Cola) [NFL Exam 2021]. The ingredient has remained a secret since its invention in 1886 by John Pemberton.
Trade secrets offer following advantages
➢ They are for unlimited duration.
➢ It is not necessary to satisfy the rather stringent requirement
for protection under patents.
➢ The cost of filing, contesting and enforcing patent is saved.
➢ The risk of someone improving upon the product, process etc
is minimised.
Drawbacks of trade secret
➢ Maintaining a trade secret itself a costly affair.
➢ It offers no protection from independent innovation invention.
➢ Nondisclosure of the invention, innovation does not give others a chance to improve upon the original invention.
➢ It cannot be applied to many inventions example equipment designs, plant varieties, books etc.
Trade Mark
A “Trademark” [TM] is defined under Section 2(zb) of the Indian Trademarks Act, 1999 as “Mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include a shape of goods, their packaging, and combination of colors.”
➢ Simply put, a trademark may include a Device, Brand, Heading, Label, Ticket, Name, Signature, Word, Letter, Numeral, Shape of goods, Packaging or Combination of colors or any such combinations. The only qualification for a trademark being its capacity to distinguish the goods or services of one person from that of another.
➢ For example, one can identify the products of Reebok / LG / Whirlpool / Godrej through their logo, which is embossed on their products. Another example can be the logo of NGO’s like WHO, UNICEF and so on which differentiates these institutions with each other.
Industrial design
These aesthetic aspects can be hugely important in the modern economy. Nowadays consumers face an enormous choice of products, including many that offer the same basic functionality. So they will tend to choose the one with the design they find most attractive within their price range.
Industrial designs are applied to a wide variety of industrial products and handmade goods: cars, telephones, computers, packaging and containers, technical and medical instruments, watches, jewelry, electrical appliances, textile designs, and many other types of goods.
What designs can be protected?
Industrial design law only protects those aspects of a product that are ornamental; its technical features may be protected by patent if they meet the requirements for patent protection. A design may consist of three-dimensional features, such as the shape or surface of an article, or two-dimensional features such as patterns, lines or colour.
Industrial design rights
Industrial design rights entitle the right holder to control the commercial production, importation and sale of products with the protected design.
Industrial design rights last for a limited period. This varies among countries, but the maximum period of protection in a country will be at least ten years. In many countries, owners need to renew their registration every few years if they want to keep the design protected for the maximum possible period.
📚 Intellectual Property Rights
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