Wednesday, 13 November 2019


Intellectual Property Rights

What are the IP Rights recognized in India?
1. Patents
2. Design
3. Trade Mark
4.Geographical Indications
5. Copyright
6. Semiconductor Integrated Circuits Layout- Design
7. Plant Variety Protection
8. Trade Secrets

Nature of Intellectual Property under Indian Laws
l  It is not tangible but intangible property

l  Transfer by agreement should be in writing while transfer of tangible movable property need not be in writing.

What are the IPR Objectives in India      

l   The object of Intellectual Property Rights in India is for Promotion of creativity and innovation for the benefit of all.

l   Intellectual property promotes advancement in science and technology, arts and culture, traditional knowledge and biodiversity resources.

l   The knowledge is the main driver of any development in the modern world.

INTELLECTUAL PROPERTY RIGHTS IN INDIA

1. PATENT:
Definition and signification:

l  A patent is granted for an invention which is new product or process involving an inventive step and capable of industrial application.

l  “New invention” means the subject matter has not fallen in public domain or that it does not form part of the state of the art;

l  Inventive step is the feature(s) of the invention that involves technical advance as compared to the existing knowledge or having economic significance or both.

l  Capable of Industrial application means that the invention is capable of being made or used in an industry
       
Who is administering patent?

l  Department of Industrial Policy & Promotion, Ministry of Commerce & Industry

l  Controller General of Patents, Designs and Trade Marks

l  Concerned Law is: The Patents Act, 1970 (as amended in 2005) (India never had product patent until 2005)

2. Design
Definition and significance:

l A design refers only to the features of shape, configuration, Pattern, ornamentation, Composition of color or line or a combination thereof.

l  But applied to any article, whether two or three dimensional or in both forms.

l  By any industrial process or means which, in the finished articles, appeal to and are judged solely by the eye.

Who is administering Design?

l  Department of Industrial Policy & Promotion, Ministry of Commerce & Industry

l  Controller General of Patents, Designs and Trade Marks   

l  Concerned Law is: Design Act, 2000

3. TRADEMARK

Definition and Significance:
                    
l  A Trademark means a mark (i) capable of being represented graphically and (ii) which is capable of distinguishing the good or service of one undertaking from those of other undertaking.

l  A trademark can be a (i) sign, (ii) letter, (iii) numbers, (iv) pictures, (v) emblem, (vi) colours or combination of colours, (vii) shape of goods, (viii) graphic representation or (ix)packaging or (x) sound or (xi) any combination of the above as applied to goods or services.

Who is administering Trademark?

l  Department of Industrial Policy & Promotion Ministry of Commerce & Industry

l  Controller General of Patents, Designs and Trade marks

l  Concerned Law is: Trade Marks Act 1999 (as amended in 2010)

4. GEOGRAPHICAL INDICATIONS

Definition and Significance:

l  A geographical indication identifies:

(i) agricultural or natural or manufactured goods

(ii) as originating or manufactured in the territory of a country or region of or locality in that territory

(iii) where a given quality, reputation or other characteristic 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 processing or preparation of the goods concerned takes place in such territory, region, or locality, as the case may be.
        
Example: Darjeeling Tea, Delhi Basmati Rice, Scotch    Whiskey      (Scotland), Champagne (France).

Who is administering G.I?

l  Department of Industrial Policy and Promotion Ministry of Commerce and Industry

l  Controller General of Patents, Designs and Trade marks


l  Concerned IP Act: The Geographical Indications of Goods Registration and Protection Act, 1999

5. COPYRIGHT
Definition and Significance:

l  Copyright is a right given by the law to creators of (i) literacy, (ii) dramatic, (iii) musical works (iv) artistic works (v) producers of cinematograph films and (vi) sound recordings.

l  It is a bundle of rights including, inter alia, (i) rights of reproduction, (ii) communication to the public, (iii) adaption and (iv) translation of the work

Who is administering Copyright?

l  Department of Industrial Policy & Promotion Ministry of Commerce & Industry

l  Controller General of Patents, Designs and Trade marks

l  Concerned Law is: The Copyright Act, 1957 (as amended)

6. SEMICONDUCTOR INTEGRATED CIRCUITS LAYOUT-DESIGN

Definition and Significance:

l  The aim of the Semiconductor Integrated Circuits Layout-design Law is to provide protection of Intellectual Property rights (IPR) in the area of semiconductor Integrated Circuits Layout-design and for other connected matters or for other incidental matters.

Who Administers?

l  Department of Industrial Policy & Promotion, Ministry of commerce & Industry

l  Semiconductor Integrated Circuits Layout-design Registry

l  Concerned Law is: Semiconductor Integrated Circuits Layout-Design Act, 2000

7. PLANT VARIETY PROTECTION

Definition and Significance:

l  Protection granted for plant varieties, the rights of farmers and plant breeders and to encourage the development of new varieties of plants.

Ministry Administering

l  Ministry of Agricultural

l  Protection of Plant Varieties and Farmer’s Rights Authority

l  Concerned Law is: The Protection of Plant Varieties an Farmer’s (PPV and FR) Act, 2001

8. Trade Secrets

l  Valuable Proprietary Information that is secret and not generally known to the public. It comprises Trade Secrets including formulas, patterns, methods, programs, techniques, processes or compilation of information that provides to one’s business with a competitive advantage, but these are not registered IPRs.

l  Trade Secrets are not specifically covered under any specific Law.

l  TRIPS recognizes Trade Secrets as “kind of undisclosed information” provided it has commercial value.

l  Protected mainly by non-disclosure Agreement, or confidentiality Agreement, valid for a period specified.

l  Also, possible, the Company may decide not to patent the Trade Secret though capable of registration, in order to keep it secret from the public access.

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