Intellectual Property Rights can be defined as the rights given to people over the creations of their minds.
Under Intellectual Property Law, owners/creators are granted certain exclusive rights over the use of his/her creations of various intangible assets such as words, symbols, designs, artistic works, inventions, etc, for a certain period of time.
Intellectual Property Rights protected under various statutes of India are:
PATENTS:
Patent in India are presently governed by The Patents (Amendment) Act, 2005. A Patent is a Statutory Right for an invention granted for a limited period of time to the Patentee by the Government. Patent Protection is a territorial right and effective only within territory of India, however it is possible to file an International Application known as PCT Application in India.
Examples of Patents registered are:
- Patented Inventions: 'Mitticool' - Mitticool is a natural refrigerator made entirely from clay to store the vegetables, fruits and for cooling water without requiring any electricity or any other form of energy.
- Patented Drugs - Vimpat by UCB, Lipaglyn by Zydus Cadila.
The Term of every Patent in India is of 20 years from the date of filing the Application.
COPYRIGHTS:
Indian Copyright Law laid down in the Indian Copyright Act, 1957 as amended by Copyright (Amendment) Act, 1999 fully reflects the Berne Convention on Copyrights. Copyright is a right given by the law to creators of literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings. Copyright protects the right of creators of intellectual property.
Owner of Copyright in different cases:
Literary Work - The Author
(In case of any literary, dramatic or artistic work made by the author in course of employment, the employer shall in the absence of any agreement to the contrary be the first owner of the copyright of the work so far it relates to the publication of such work but in all other respects the Author shall be the first owner of the work).
Musical Work - The Composer
(In case of musical sound recording lyricist, composer, singer, musician and the sound recording company shall collectively have rights in musical sound recording).
Cinematograph Film - The Producer
Photograph - The Photographer
Computer Generated Work - The Person who causes the work to be created.
Copyright does not ordinarily protect titles or names or short word combinations or slogans. Unlike Patents, Copyright protects the expressions and not the ideas.
For a work to gain copyright, it has to be original and should be expressed in a material form. Copyright is thus effective upon the creation of the work, however, Registration of Copyright serves as a prima facie evidence in the court of law.
In general, the Copyright lasts for 60 years. In case of original literary, dramatic, musical, and artistic works the 60-year period is counted from the year following the death of the author. In case of cinematograph films, sound recordings, photographs, the 60 years period is counted from the date of publication.
TRADEMARKS:
India provides Trademark Protection for marks of goods and services, collective marks, certification trademarks and well-known marks under the Trademarks Act, 1999.
Marks can be in the form of Trademark or a Service Mark. A Trademark is a word, phrase, symbol or design, or combination of words, used in the course of trade which identifies and distinguishes the source of the goods or services.
The TM or SM designations are commonly used as superscripts or subscripts after the trademark or service mark to bring to the notice of public at large that rights in the mark are being claimed. These symbols can be used as soon as the application is filed with the Registrar, on grant of a temporary number. However, the symbol Ò can be used only when the mark is registered.
Examples of Trademarks are Samsung, Maggi, Rasna, Bharat Matrimony, etc.
Registration of Trademarks is valid for initial period of 10 years and can be renewed for similar period.
GEOGRAPHICAL INDICATIONS:
Protection to Geographical Indications is provided under the Geographical Indications of Goods (Registration and Protection) Act, 1999. A Geographical Indication may be registered with the Controller General of Patents, Designs and Trademarks (CGPDTM) for all goods originating from a definite territory of a country or a region.
Examples of possible Indian Geographical Indications can be Darjeeling Tea, Alphanso Mango, Kanchipuram Silk Saree, Basmati Rice, etc.
Registration of a Geographical Indication is for 10 years and renewable for the similar period.
INDUSTRIAL DESIGNS:
The Designs Act, 2000 provides protection to Registered Designs in accordance with India's obligations under the TRIPS Agreement. Industrial Designs refer to creative activity which result in the ornamental or formal appearance of the product.
Examples of Industrial Designs are new Indian Curreny Design, Motorbikes, Mosquito Repellant Mats, etc.
The duration of protection is 10 years.
