INTELLECTUAL PROPERTY RIGHTS

MEANING OF INTELLECTUAL PROPERTY-

Intellectual Property is an intellectual work which is produced by the intellect of human brain. For example, literary work, musical work, various inventions etc. there are different types of intellectual Property throughout the world. In a layman language, Intellectual Property means right of the person on the property he has created. The house or land is a physical property which is protected by the person but Intellectual Property is not a physical property, it is a property or thing which you created in the mind. We need to protect that Intellectual property and for that we create Intellectual Property rights. Copying the Intellectual Property is comparatively easy, for example you have written a book, then anyone could copy it and sell in the market but creating a copy of physical property is not that easy for example car, house etc. So due to the protection of the Intellectual Property, the government has created the Intellectual Property Rights. If someone hamper on these Intellectual Property Rights then we can pursue the person legally in the court of law for protecting our Intellectual Property Rights.

Intellectual Property Rights are legal rights (commercial rights), which means that if these rights get infringed by anyone then they can be get sued. These rights are commercial because monetary benefit associated with it. It basically gives protection to the person’s creation or invention from intellectual activity. Most common IPR is patent, copyright, trademark and geographical Indicators (G.I). Patents are done on machine, copywrite done on books, trademark done of trade like ISI mark, G.I. done on the products that are produced in a particular geographical place. Basically, Intellectual Property is an Intangible wealth of a human intellect. Intangible means something we can not touch, see or feel, which is not tangible for example any software like WhatsApp, Instagram etc. It mainly includes artistic work like, music, literature, and also discoveries, inventions, words, phrases, symbols, designs, etc. Intellectual Property can be divided into two main category:

  • Industrial
  • Copyrights

Industrial Property includes trademarks, patent, industrial design and G.I.

INTELLECTUAL PROPERTY RIGHTS(IPR)

IPR is mentioned in the Art. 27 of Universal Declaration of Human Rights. The need of IPR was felt for the first time in Paris Convention for Protection Industrial Property, 1883 and in Berne Convention, 1886. Both these treaties were administered by World Intellectual Property Organisation(WIPO), its headquarter are in Geneva, Switzerland. The main purpose if WIPO is to promote innovation and creativity for social, economic, cultural of all the nations. The World Intellectual Property Day is celebrated on 26th April.

 

OBJECTIVES OF INTELLECTUAL PROPERTY RIGHTS-

  1. An individual must have Incentive and motivation to have their Intellectual Property.
  2. Must have an economic incentive in creating Intellectual Property.
  3. This incentive will further simulate innovation and contribute to the growth of technology.
  4. Intellectual Property has an issue of being copied, so that is why we need IPR.
  5. IPR must protect the Intellectual wealth of an Individual.
  6. It is important for the overall growth and development of the society.
  7. It provides economic growth.
  8. It serves the public interest.

 

TYPES OF INTELLECTUAL PROPERTY-

Intellectual Property has been divided into mainly four parts.

  1. Trademark-

Trademark means any signs and symbols, designs, expression, tagline, logo, abbreviation which recognizes or identifies a product.

Indian Trademark is protected under the Trademark Act, 1999.

Section 2(zb) of the Trademark Act, 1999 gives the definition of trademark. “Trade mark means a mark capable of being represented graphically and may include shape of goods, their packaging and combination of colors.’

Indian trade mark law protects domain names as demonstrated in the landmark case of Tata Sons Ltd. v. Manu Kosuri & ors., Yahoo Inc. v. Akash Arora (1999, PTC 201).

There are various types of trade mark-

  1. Product mark- Attach to a good to distinguish its identity from others. Example- Bata’s symbol.
  2. Service mark- It distinguishes the services of one proprietor/owner from that of another. Example- Yahoo, Gmail, Google etc.
  3. Collective mark- Collective marks are use to inform public about a particular characteristic of the product for which the collective mark is used. Example – Reliance.
  4. Certification mark- It is a sign indicating that the goods/services are certified by the owner of the sign in terms of origin, material, quality, accuracy or other characteristics. Example- ISI Mark.
  5. Shape marks- When the shape of goods, packaging have some distinctive feature it can be registered. Example- shape of coke bottle, car models etc.
  6. Sound mark- It is a trade mark where a particular sound does the function of uniquely identifying the origin of a product or a service. Example- the MGM’s roar of a lion.
  7. Slogans or tag lines- like McDonald’s “I’ m lovin’ it’

There are mainly two basic requirement for the registration of Trade mark-

The mark can be presented graphically;

Is capable of distinguishing goods or services from others.

 

 

 

 

 

  1. Patent-

A patent is a type of IPR which protect the scientific invention, which shows technical advancement over the already known products.

Under section 2(m) “A patent for any invention granted under this Act”.

A patent is defined as a statutory privilege granted by the government to inventors, and to other persons deriving their rights from the inventor, for fixed years, to exclude other persons from manufacturing, using or selling a patent product or process.

There are three test of patentability-

Novelty, Utility, Inventiveness.

 

  1. Copyright-

Copyright is the right to “not copy”.

It is offered when original idea is expressed by the creator or author.

It is a right conferred upon the creators of literacy, artistic, musical, sound recording.

The copyright is an exclusive right of the creator to prohibit the unauthorized use of the content which includes reproducing and distributing copies of the subject matter.

The unique feature of copyright is that, the protection of the work arises automatically as soon as the work comes into existence.

The registration of the content is not mandatory.

 

  1. Trade secrets-

Trade secrets is an alternative to patent or trademark law that allows for Intellectual property to remain undisclosed.

The subject matter of trade secrets may be virtually any information that valuable because it is not generally known.

A study released in March 2014 estimated that trade secret misappropriation costs world’s top 40 economies 1 to 3 per cent of their gross GDP each year.

 

Surbhi Goyal

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