Intellectual Property Rights: Its Need and Legal Perspective
Table of Contents
Abstract
This Article talks about Intellectual Property Rights in India. In this, I have discussed the basic meaning of intellectual property rights. Also explained why there is a need to protect these rights. There are different categories of Intellectual Property rights; which I have discussed in brief with their legal perspective. Also I discussed a concept of Trade Secrets which is covered under IP Rights. In Last, The status of Intellectual property Rights in International Law is briefly explained in this Article.
This article on Intellectual Property Rights: Its Need and Legal Perspective, is written by KASHISH GOYAL, Content Writer & Legal Researcher at Legal Thirst
Introduction
The Intellectual Property Rights are basically those rights which allows the owner to take the benefits of his inventions, creative works, names, and symbols by creating his monopoly over the products which have been developed by the owner itself. These Rights can also stop others from using that symbol, artistic work or doing that particular work. It provides right to protection to the owner from any artistic and other literary products. These rights prohibit the other persons from using the intellectual property of an individual for commercial use without the permission of the owner. The major Intellectual property rights includes trademark, patents, copyrights, geographical indication, designs etc[1]
Intellectual Property Rights
They are those rights through which an owner can protect his time and efforts which are invested by him in the product or service. It is an exclusive rights for a particular time period and for a particular product.
It is defined under Article 2 (8) of World Intellectual Property Organization[2]According to this “Intellectual Property Rights shall include the rights related to literary, artistic, inventions, industrial design, service marks, trademarks, commercial names , scientific discoveries and other rights which results from the intellectual activity in the fields of literary or artistic”.
Why there is a Need to Protect the Intellectual Property Rights
- It encourages the distribution of the creation of the work.
- IP Rights improves the quality of life and also helps in promoting economic development.
- It gives recognition to the creators.
- The protection of Intellectual Property of one, maintains the interest of the investor and the interest of the public in that property too.
- IP Domain is a hub for ew jobs, talents and industries.
- It ensures the availability of original products.
Intellectual Property Rights in India
COPYRIGHT
It is a right protected for the works including computer works, artistic, films, musical compositions, technical drawings, photographs etc. (Section 13 of The Copyrights Act 1957). It is a protection granted to owner’s original work i.e. which is not copied from anywhere.
According to the section 14 of Copyright Act, The word “Copyright” means the exclusive rights which are provided to the owner in respect of the above works.
Read Here:- Copyright Law In India- Important Questions: Must Read
REGISTRATION:
The registration of copyright is not mandatory. But in case of infringement, and the author wants to take a criminal or civil action or to prove the ownership, then it would be necessary to file an application of registration[3].
Read Here:- Copyright Registration in India
RIGHTS:
This Act confers both Economic (These rights are mainly in the field of literary, artistic, dramatic and musical works such as to issue the copies to the public, to perform the work in public, to make any translation of work etc.) and moral rights on author. (Section 57 of the Copyright Act 1957 talks about moral rights including right of paternity and right of integrity).
Read Here:- How to Register your Artistic work: Registration of Copyrights
PATENT
The law which is governing the patent is “The Indian Patent Act 1970”. It is an exclusive right given to the author for his invention which is useful, new and non-obvious. That is generally granted for a limited period of 20 years. It is considered as a territorial right as the name suggests itself in the domain where the right is granted. The time period varies from nation to nation regarding patent protection. If a person wants to file an international patent application then he can apply through Patent Cooperation Treaty, This one single application helps one to get patent rights in many countries. The time period for which the patent is granted will be counted from the date of filing the application.
Here is one important thing which we should know i.e. what things can be patented? This will be clear through Section 3 and 4 of the above act which states the criteria for this. In one single word we can conclude that Only ‘Idea’ is the main object of the Patent Application; which doesn’t exist in Copyright Protection because only the way of presenting that particular idea comes under the Copyright Protection Law.
Read Here:- Intellectual Property & Patent – Important Questions: Must Read
TRADEMARK
It is a brand or a sign which differentiates the goods of one organization from another organization. It increases the financing of the business. TM (It is used for unregistered trade mark), R (which is surrounded by the circle denotes the registered trademark) and SM (It is used for unregistered service mark)[4].It is granted for 10 years but it can be renewed on the payment of fees. There are different types of trademark:
- Service Mark: It is generally a sign or a symbol which is used in business to recognize the service of one from another.
- Collective Mark: It is a mark used by the group or members of association to identify the goods or service for those groups which supplies the goods of similar character.
- Certification Mark: It is kind of a verification. The particular goods or services are certified by the owner in respect of the quality, body, mode, accuracy with the particular certification mark under the Trademark Act 1999.
- Trade Dress: It represents the visual appearance of the product which further denotes the feature of that particular product.
Read Here:- Trademark related Important Questions-Answered: Read Now !
INDUSTRIAL DESIGN
A Design which consists of shape, patterns, color, ornament of an article in two dimensional or three dimensional form. The owner of the article stops others from using the same design. In India Design Law is governed by the Design Act 2000. The main aim was to protect the registered design and to promote the design activity.
An application of design may be filed within a period of 6 months of the priority date and the person who filed the application may enjoy the right for 6 months. Registration is valid for 10 years but it can be further renewed for 5 years. In case of infringement, an application can be filed in District or High Court having the jurisdiction.
GEOGRAPHICAL INDICATIONS
It is the sign which has a specific geographical origin and also possess a reputation due to the origin of the place on the product. The quality and other features of the product are due to place of origin or we can say that there is a link between the place and the product.
STATUTE: In India, It is governed by an act named “The Geographical Indications of Goods (Registration and Protection) Act, 1999”. This Act was enacted with the objective of:
- To protect the interest of the producers and protect the consumers from deception.
- In order to exclude the unauthorized person from misusing the geographical place.
- To promote the goods which are in place of the geographical indications.
They are mainly used for agriculture products, handicrafts and industrial products, The Major Examples are Darjeeling Tea, Banaganapalle mangoes, Solapur Chaddar, Mysore Silk, Salem Fabric etc.
TRADE SECRETS
It is a concept under which confidential or secret information may be sold or licensed. But the information must be secret, only a limited person should know the information and the owner has taken reasonable steps to keep such secret information. It is a concept of protection against the unfair competition[5].
Enrol Now:- Legal Thirst Online Certificate Course on Intellectual Property Rights (IPR)
Intellectual Property Rights in International Law
Treaties in International Law
There are various treaties, conventions and agreements signed for protection of creative works of which India is a signatory[6] :
PARIS CONVENTION-
It is defined under Article 2 (3) of World Intellectual Property Organization which means a convention made for protection of industrial property. Under this any person can also apply for the right in any other signatory state for patent or trademark.
THE BERNE CONVENTION:
It is defined under Article 2(4) of WIPO which states that and convention for protection of works in the field of Literary or artistic. Each member state can protect his rights in other member states for copyrights.
THE MADRID PROTOCOL:
It is a protocol under which a person can file an application of trade mark in his country and further they will provide you the protection in various other countries.
THE PATENT COOPERATION TREATY –
It is a treaty in which through the single application, you can obtain a no. of national patent applications in other jurisdictions.
[1] https://www.dubaicustoms.gov.ae/en/IPR/Pages/WhatIsIPR.aspx
[2] https://wipolex.wipo.int/en/text/283854
[4] https://www.wipo.int/trademarks/en/
[5] https://www.wipo.int/about-ip/en/
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