Intellectual Property Rights

Intellectual Property Right

• Intellectual Property Rights are legal rights, which result from intellectual activity in industrial, scientific, literary & artistic fields.

Initially There were Two main conventions at international level which led to development of IPR and these were-

• The Berne Convention for the Protection of Literary and Artistic Works (1886).

• The Paris Convention for the Protection of Industrial Property (1883).

• Both treaties are administered by the World Intellectual Property Organization (WIPO).

• World trade organization created Trade Related Aspects of Intellectual Property (TRIPS Agreement)which deals with protection of IPR.

• India is signatory to Trade Related Aspects of Intellectual Property (TRIPS Agreement).

Types of Intellectual Property Right

1.Patent-

• A patent is a form of exclusive right granted for an invention, which can be a product or a process that offers a new technical solution to a problem or a new way of doing something.

• The patent provides the owner with protection for the invention.

• The protection period granted is limited, typically lasting for 20 years.

2.Trademarks-

• A trademark is a distinctive sign that identifies certain goods or services as those produced or provided by a specific person or enterprise.

• It may be one or a combination of words, letters, and numerals.

• They may consist of drawings, symbols, three- dimensional signs such as the shape and packaging of goods, audible signs such as music or vocal sounds, fragrances, or colours used as distinguishing features.

• The initial term of registration is for 10 years; thereafter it may be renewed from time to time.

3.Copyright-

• Copyright is a legal term that refers to the rights given to creators of literary and artistic works.

• It covers various types of works, including literary works, databases, films, musical compositions, artistic works, architecture, and more.

• An exclusive right is granted to the copyright owner, giving them the ability to carry out certain activities with regards to the copyrighted work.

4.Geographical Indications (GI)-

• Goods that have unique qualities or reputation due to their specific geographical origin are labeled with Geographic Indications (GIs).

• The characteristics of a product are determined by its place or region of production, indicated by its GI.

• GIs can be registered for agricultural goods, foodstuff, handicraft goods, manufactured goods, and natural goods under the GI Act.

• A registered GI is protected for ten years, with the option to renew for further tenures of ten years from the date of the original registration's expiration.

5.Industrial Designs-

• Industrial designs pertain to the creative process that leads to the ornamental or formal aspect of a product, while design right refers to an innovative or original design granted to the owner of a validly registered design.

• The TRIPS Agreement sets the minimum standards for the protection of industrial designs.

• A design registration is valid for an initial period of ten years and can be renewed once more for an additional period of five years by submitting an application for renewal.

6.Trade Secrets-

• Trade secrets refer to confidential business information that gives a company a competitive advantage.

• A trade secret can be protected for an indefinite period of time, but it must remain secret to maintain protection.

• To be considered a trade secret, the information must not be generally known or easily discoverable.

• Examples of trade secrets may include customer lists, manufacturing processes, or secret recipes.

• Trade secrets are often protected through confidentiality agreements with employees, contractors, or other parties who may have access to the information.

Various Legislative Acts for protection of IPR in India

• The Copyrights Act, 1957.

• The Trade Marks Act, 1999.

• The Patents Act, 1970.

• The Design Act, 2000.

• The Geographical Indications of Goods (Registration and Protection) Act, 1999 (“GI Act”).

• The Protection of Plant Varieties and Farmer’s Rights Act, 2001.

• The Semiconductor Integrated Circuits Layout- Design Act, 2000.

Some of the Facts related to IPR-

• Since India is a signatory to the Berne Convention(which is related to IPR), a copyright registration obtained in India will be recognized in the nations which are signatories to the Berne Convention.

• Darjeeling Tea was the first Indian product to get a GI tag.

National IPR Policy 2016

• It was approved in 2016.

• It Sets in place an institutional mechanism for implementation, monitoring and review and aims to incorporate and adapt global best practices to the Indian scenario.

• India reaffirms its dedication to the Doha Development Agenda and the TRIPS agreement.

• The Department of Industrial Policy & Promotion (DIPP) under the Ministry of Commerce, Government of India has been assigned the role of the nodal department for the advancement of Intellectual Property Rights (IPRs) in India.

• The Cell for IPR Promotion & Management (CIPAM) has been established under the supervision of the DIPP and will serve as the central reference point for the execution of the National IPR Policy's goals.

Mission Statement-

To stimulate a dynamic, vibrant and balanced intellectual property rights system in India to:

• foster creativity and innovation and thereby, promote entrepreneurship and enhance socio-economic and cultural development.

• focus on enhancing access to healthcare, food security and environmental protection, among other sectors of vital

7 core objectives were formed with a number of actionable steps to be implemented by nodal Departments, in coordination with other departments, State Governments, industry and various stakeholders.

These objectives are-

• IPR Awareness: Outreach and Promotion.

• Generation of IPRs.

• Legal and Legislative Framework for IPR dvelopment.

• Effective Administration and Management for IPR development.

• Commercialization of IPRs.

• Strengthning of Enforcement and Adjudication.

• Human Capital Development for IPR development.

What are Intellectual Property Rights?

Intellectual Property Rights are legal rights that result from intellectual activity in industrial, scientific, literary & artistic fields.

Which conventions led to the development of IPR?

The Berne Convention for the Protection of Literary and Artistic Works and The Paris Convention for the Protection of Industrial Property.

Who administers both the Berne and Paris conventions?

The World Intellectual Property Organization (WIPO).

What is the TRIPS Agreement?

The TRIPS Agreement is a trade-related agreement that deals with the protection of Intellectual Property Rights.

Is India a signatory to the TRIPS Agreement?

Yes, India is a signatory to the TRIPS Agreement.

What is a patent?

A patent is an exclusive right granted for an invention, which can be a product or a process that offers a new technical solution to a problem or a new way of doing something.

What is a trademark?

A trademark is a distinctive sign that identifies certain goods or services as those produced or provided by a specific person or enterprise.

What does copyright refer to?

Copyright is a legal term that refers to the rights given to creators of literary and artistic works.

What are geographical indications?

Geographical indications are labels given to goods that have unique qualities or reputation due to their specific geographical origin.

What is the initial term of registration for trademarks?

The initial term of registration for trademarks is 10 years.

What is the TRIPS Agreement's minimum standard for the protection of industrial designs?

The TRIPS Agreement's minimum standard for the protection of industrial designs is 10 years.

What are trade secrets?

Trade secrets refer to confidential business information that gives a company a competitive advantage.

What are some of the Legislative Acts for the protection of IPR in India?

The Copyrights Act, 1957, the Trade Marks Act, 1999, the Patents Act, 1970, the Design Act, 2000, the Geographical Indications of Goods (Registration and Protection) Act, 1999, the Protection of Plant Varieties and Farmer’s Rights Act, 2001, and the Semiconductor Integrated Circuits Layout- Design Act, 2000.

What was the first Indian product to get a GI tag?

Darjeeling Tea was the first Indian product to get a GI tag.

What is the National IPR Policy 2016?

The National IPR Policy 2016 is an institutional mechanism for the implementation, monitoring, and review of Intellectual Property Rights in India.