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Intellectual Property Rights

Experts define Intellectual Property as one’s creation of mind, including
inventions, industrial designs for article, literary and artistic work which may be
commercialized. Intellectual property rights (IPRs) are the protections granted to
the creators of IP, and include trademarks, copyright, patents, industrial design
rights, and in some jurisdictions trade secrets. Artistic works including music and
literature, as well as discoveries, inventions, words, phrases, symbols, and designs
can all be protected as intellectual property.
The term intellectual property thus vests in the valuable production of human
mind, labour and skill and efforts. This property thus relates to the capacity of a
man to produce new things so that economy and market can be improved and
public can enjoy the benefits of new technology.
The importance of intellectual property was first accepted in Paris Convention for
the protection of Industrial Property (1883) and the Berne Convention for the
protection of Literary and Artistic works (1886). Both treaties are administered by
the World Intellectual Property Organization (WIPO). WIPO is a UN agency based in
Geneva whose work is administer treaties the field of intellectual property.
India has a long history of protection of intellectual property rights through
legislative enactments and judiciary. Intellectual property in India is mainly
governed by Indian Trademarks Act, 1999, Indian Patents Act, 1970, The Indian
Copyright Act, 1957, The Indian Design Act, 2000 and the Geographical Indications
of Goods Act, 1999. Intellectual property mainly flourished in India after the
implementation of the TRIPS agreement (Trade related Aspects of Intellectual
Property Rights). The TRIPs provided developing countries to utilize the tools of
the developed countries to improve and progress. The main aim of intellectual
property in India is to avoid discrimination and distinction among different
competitors so that the benefits of intellectual property can be exercised by the
creators and users equally. The main objective of intellectual property is public
benefit along with commercial exploitation of the same.
Patents
A patent is an exclusive right granted for an invention, which is a product or a
process that provides, in general, a new way of doing something, or offers a new
technical solution to a problem. To get a patent, technical information about the

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invention must be disclosed to the public in a patent application. A patent in the

law is a property right and hence, can be gifted, inherited, assigned, sold or
licensed.
India is member of the Paris Convention, Patent Cooperation Treaty and Budapest
Treaty.

Essential requirements of granting of Patent

• Patentable subject matter, i.e., a kind of subject-matter eligible for patent
protection
• Novel (i.e. at least some aspect of it must be new)
• Non-obvious or involve an inventive step
• Useful or be susceptible of industrial application
The term of protection of Patent is 20 years.

Copyright
Copyright is the exclusive and assignable legal right, given to the originator for a
fixed number of years, to print, publish, perform, film, or record literary, artistic,
or musical material.
Indian copyright law is at parity with the international standards as contained in
TRIPS. The (Indian) Copyright Act, 1957, pursuant to the amendments in the year
1999, fully reflects the Berne Convention for Protection of Literary and Artistic
Works, 1886 and the Universal Copyrights Convention, to which India is a party.
India is also a party to the Geneva Convention for the Protection of Rights of
Producers of Phonograms and is an active member of the World Intellectual
Property Organization (WIPO) and United Nations Educational, Scientific and
Cultural Organization ("UNESCO").
Copyright gives the creator of the work to reproduce the work, make copies,
translate, adapt, sell or give on hire and communicate the work to public. Any of
these activities done without the consent of the author or his assignee is
considered infringement of the copyright.
Examples of work eligible for copyright:
a. Literary, musical, graphic and sculptural works
b. Cinema and any other audio visual work

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c. Derivatives of protected works; such as a sequel (ie. the Avenger series)

Original compilations of facts, such as a field guide.

The work which copyrighted is marked with the symbol © .

Works which are not original can not be copyrighted. This includes works which are
published on government websites, universal facts, things which are of general
public like telephone dictionary or items in public domain.

While it is advisable to register your copyright, however it is not necessary. The

moment a work is fixed in a tangible medium, it is protected under copyright law.
One cannot have a copyright merely on an idea it has to produced in a
tangible medium. As a copyright holder, you have the exclusive right to copy,
distribute, display and perform your work. Anyone wanting to use a copyrighted
work has to seek permission from the holder. Penalty for the unauthorised use can
include monetary damages.
The term of protection of copyright is 60 years from the beginning of the
calendar following the year in which the work was published.

Trademark
A trademark is a sign capable of distinguishing the goods or services of one
enterprise from those of other enterprises. Trademarks are protected by
intellectual property rights. It may be one or combination of words, letters and
numerals. They may also consist of drawings, symbols, three dimensional signs
such as shape and packaging of goods, or colours used as distinguished feature. A
trademark provides the owner of the mark, the exclusive right to use the
trademark to identify goods or services or to authorise others to use it in return for
some condieration.
The term of protection of a trademark is for a period pf ten years, but may be
renewed from time to time for an unlimited period by way of renewal fees.
The symbol of trademark is ™.

Protection to Trademarks extends to:

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a. Letters and words

b. logos
c. pictures and drawings
d. Combinations
e. slogans
f. Colour marks
g. Product shape
h. Sound marks

Geographical Indications
A geographical indication (GI) is a sign used on products that have a specific
geographical origin and possess qualities or a reputation that are due to that
origin. In order to function as a GI, a sign must identify a product as originating in
a given place.

Examples of geographical indication in India

a. Darjeeling Tea - Darjeeling (West Bengal)
b. Kanchivaram Sarees - Kanchipuram (Tamil Nadu)
c. Chanderi Fabrics – Madhya Pradesh

Examples of geographical Indication in world:

a. Basmati Rice - India
b. Roquefort cheese - France
c. Champagne - France
d. Scotch - Scotland
e. Irish Whiskey - Ireland