““Emerging Trends in Emerging Trends in Intellectual Property Rights”Intellectual Property Rights”

Intellectual Property:Intellectual Property:

IP refers to creations of the mind: inventions, IP refers to creations of the mind: inventions, literary and artistic works, and symbols, names, literary and artistic works, and symbols, names, images, and designs used in commerce.images, and designs used in commerce.

Confers rights to owners and creators of the work, Confers rights to owners and creators of the work, for their intellectual creativity. for their intellectual creativity.

Offers exclusionary rights for limited duration of Offers exclusionary rights for limited duration of time to the creator or inventor against any time to the creator or inventor against any misappropriation or use of work without his/her misappropriation or use of work without his/her prior knowledge. prior knowledge.

On international level it is governed by the World On international level it is governed by the World Intellectual Property Organization (WIPO). Intellectual Property Organization (WIPO).

The WTO agreement contains an agreement on The WTO agreement contains an agreement on IP, namely, the Agreement on Trade Related IP, namely, the Agreement on Trade Related Aspects of Intellectual Property (TRIPS). Aspects of Intellectual Property (TRIPS). 

TRIPS Agreement sets out minimum standards TRIPS Agreement sets out minimum standards of intellectual property protection for Member of intellectual property protection for Member States.States.

India has complied with the obligations India has complied with the obligations contained in the TRIPS Agreement and contained in the TRIPS Agreement and amended/enacted IP laws.amended/enacted IP laws.

Intellectual Property includes:Intellectual Property includes:

PatentsPatents CopyrightsCopyrights TrademarksTrademarks Geographical IndicationsGeographical Indications Industrial DesignsIndustrial Designs Trade SecretsTrade Secrets Layout Design for Integrated CircuitsLayout Design for Integrated Circuits Protection of New Plant Variety and Farmer’s Protection of New Plant Variety and Farmer’s

RightsRights

Patent:Patent:

The laws related to patents are governed by the The laws related to patents are governed by the Patents Act, 1970.Patents Act, 1970.

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

It provides protection for the invention to the owner It provides protection for the invention to the owner of the patent.of the patent.

Patent protection means that the invention cannot Patent protection means that the invention cannot be commercially made, used, distributed or sold be commercially made, used, distributed or sold without the patent owner's consent. without the patent owner's consent.

A patent owner has the right to decide who may A patent owner has the right to decide who may - or may not - use the patented invention for the - or may not - use the patented invention for the period in which the invention is protected. period in which the invention is protected.

The patent owner may give permission to, or The patent owner may give permission to, or license, other parties to use the invention on license, other parties to use the invention on mutually agreed terms.mutually agreed terms.

The owner may also sell the right to the The owner may also sell the right to the invention to someone else, who will then invention to someone else, who will then become the new owner of the patent.become the new owner of the patent.

The protection is granted for a limited period, i.e The protection is granted for a limited period, i.e 20 years.20 years.

Once a patent expires, the protection endsOnce a patent expires, the protection ends

Protection of New Plant Variety and Protection of New Plant Variety and Farmer’s RightsFarmer’s Rights

Governed by the act “Protection of plant variety and Governed by the act “Protection of plant variety and Farmer’s Rights Act, 2001Farmer’s Rights Act, 2001

The objective of this act is The objective of this act is to recognize the role of farmers as cultivators and to recognize the role of farmers as cultivators and

conservers for the development of new varieties,conservers for the development of new varieties, to protect and benefit the breeders of new plant to protect and benefit the breeders of new plant

varieties,varieties, to encourage the growth of seed industry through to encourage the growth of seed industry through

domestic and foreign investments so as to ensure domestic and foreign investments so as to ensure supply of high quality seeds and planting material to the supply of high quality seeds and planting material to the farmers.farmers.

The rights of the breeders are protected :The rights of the breeders are protected : by granting them a monopoly to use and sell the seeds by granting them a monopoly to use and sell the seeds

and planting material of the new plant varieties involved and planting material of the new plant varieties involved by them through a system by which they are granted by them through a system by which they are granted registration. registration.

by granting them a share in the profits gained on the sale by granting them a share in the profits gained on the sale of seeds and planting material derived from registered of seeds and planting material derived from registered new plant varieties along with breeders.new plant varieties along with breeders.

Such registration is equivalent to a patent granted to the Such registration is equivalent to a patent granted to the inventor.inventor.

The total period for protection is 10 years from the date The total period for protection is 10 years from the date of registration.of registration.

Trademarks:Trademarks:

A Trademark is a visual representation attached A Trademark is a visual representation attached to goods for the purpose of indicating their Trade to goods for the purpose of indicating their Trade origin.origin.

Form of a word ,a device or a label applied to Form of a word ,a device or a label applied to articles of commercearticles of commerce

It provides protection to the owner of the mark It provides protection to the owner of the mark by ensuring the exclusive right to use it to by ensuring the exclusive right to use it to identify goods or services, or to authorize identify goods or services, or to authorize another to use it in return for paymentanother to use it in return for payment

Registration of trademark is prima facie Registration of trademark is prima facie proof of its ownership giving statutory right proof of its ownership giving statutory right to the proprietorto the proprietor

The Trade Marks Bill, 1999 was passed in The Trade Marks Bill, 1999 was passed in the India parliament during the winter the India parliament during the winter session for replacing the Trade and session for replacing the Trade and Merchandise Marks Act, 1958.Merchandise Marks Act, 1958.

It was passed on 23rd December, 1999.It was passed on 23rd December, 1999.

Industrial Designs:Industrial Designs:

Industrial designs refer to creative activity, which Industrial designs refer to creative activity, which result in the ornamental or formal appearance of result in the ornamental or formal appearance of a product, and design right refers to a novel or a product, and design right refers to a novel or original design that is accorded to the proprietor original design that is accorded to the proprietor of a validly registered design. Industrial designs of a validly registered design. Industrial designs are an element of intellectual property.are an element of intellectual property.

The essential purpose of design law it to promote The essential purpose of design law it to promote and protect the design element of industrial and protect the design element of industrial production. It is also intended to promote production. It is also intended to promote innovative activity in the field of industries. innovative activity in the field of industries.

The existing legislation on industrial designs in India is The existing legislation on industrial designs in India is contained in the New Designs Act, 2000 and this Act contained in the New Designs Act, 2000 and this Act will serve its purpose well in the rapid changes in will serve its purpose well in the rapid changes in technology and international developments.technology and international developments.

India’s present legislation is aligned with the changed India’s present legislation is aligned with the changed technical and commercial scenario and made to technical and commercial scenario and made to conform to international trends in design conform to international trends in design administration.administration.

This replacement Act is also aimed to inact a more This replacement Act is also aimed to inact a more detailed classification of design to conform to the detailed classification of design to conform to the international system and to take care of the international system and to take care of the proliferation of design related activities in various fields.proliferation of design related activities in various fields.

CopyrightsCopyrights

The Copyright Act, 1957 as amended in 1983, 1984, The Copyright Act, 1957 as amended in 1983, 1984, 1992, 1994 and 1999 governs the copyright 1992, 1994 and 1999 governs the copyright protection in India.protection in India.

Copyright is a legal term describing rights given to Copyright is a legal term describing rights given to creators for their literary and artistic works.creators for their literary and artistic works.

Literary works includes novels, poems, plays, Literary works includes novels, poems, plays, reference works, newspapers and computer reference works, newspapers and computer programs; films, musical compositions, and programs; films, musical compositions, and choreography; artistic works such as paintings, choreography; artistic works such as paintings, drawings, photographs and sculpture; architecture; drawings, photographs and sculpture; architecture; and advertisements, maps and technical drawings.and advertisements, maps and technical drawings.

Total term of protection for literary work is the Total term of protection for literary work is the author’s life plus sixty years.author’s life plus sixty years.

Copyright gives protection for the expression of Copyright gives protection for the expression of an idea and not for the idea itself. For example, an idea and not for the idea itself. For example, many authors write textbooks on physics many authors write textbooks on physics covering various aspects like mechanics, heat, covering various aspects like mechanics, heat, optics etc. optics etc.

Even though these topics are covered in several Even though these topics are covered in several books by different authors, each author will have books by different authors, each author will have a copyright on the book written by him / her, a copyright on the book written by him / her, provided the book is not a copy of some other provided the book is not a copy of some other book published earlier.book published earlier.

Lord Sri Krishna the eternal spirit of the Bhagavad Gita Lord Sri Krishna the eternal spirit of the Bhagavad Gita watercolor on paper by Barnali Saha © Copyright watercolor on paper by Barnali Saha © Copyright Barnali Saha All Rights Reserved Unauthorized Barnali Saha All Rights Reserved Unauthorized reproduction prohibitedreproduction prohibited

Geographical Indications:Geographical Indications:

GI are sign used on goods that have a specific GI are sign used on goods that have a specific geographical origin and possess qualities or a reputation geographical origin and possess qualities or a reputation that are due to that place of origin.that are due to that place of origin.

Agricultural products typically have qualities that derive Agricultural products typically have qualities that derive from their place of production and are influenced by from their place of production and are influenced by specific local factors, such as climate and soil. specific local factors, such as climate and soil.

They may also highlight specific qualities of a product, They may also highlight specific qualities of a product, which are due to human factors that can be found in the which are due to human factors that can be found in the place of origin of the products, such as specific place of origin of the products, such as specific manufacturing skills and traditions.manufacturing skills and traditions.

It is important that the product derives its qualities and It is important that the product derives its qualities and reputation from that place. Place of origin may be a village or reputation from that place. Place of origin may be a village or town, a region or a country.town, a region or a country.

It is an exclusive right given to a particular community hence It is an exclusive right given to a particular community hence the benefits of its registration are shared by the all members the benefits of its registration are shared by the all members of the community. of the community.

The GIs of goods like Chanderi Sarees, Kullu Shawls, Wet The GIs of goods like Chanderi Sarees, Kullu Shawls, Wet Grinders etc have been registered. Keeping in view the large Grinders etc have been registered. Keeping in view the large diversity of traditional products spread all over the country, diversity of traditional products spread all over the country, the registration under GI will be very important in future the registration under GI will be very important in future growth of the tribes / communities / skilled artisans growth of the tribes / communities / skilled artisans associated in developing such products. associated in developing such products.

Trade Secrets:Trade Secrets:

A trade secret is a valuable piece of information with the A trade secret is a valuable piece of information with the essential requirement that the information be treated as such, essential requirement that the information be treated as such, i.e. as a secret.i.e. as a secret.

It may be confidential business information that provides an It may be confidential business information that provides an enterprise a competitive edge may be considered a trade enterprise a competitive edge may be considered a trade secret. Usually these are manufacturing or industrial secrets secret. Usually these are manufacturing or industrial secrets and commercial secrets.and commercial secrets.

These include sales methods, distribution methods, consumer These include sales methods, distribution methods, consumer profiles, advertising strategies, lists of suppliers and clients, profiles, advertising strategies, lists of suppliers and clients, and manufacturing processes. Contrary to patents, trade and manufacturing processes. Contrary to patents, trade secrets are protected without registration.secrets are protected without registration.

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The value of a trade secret resides in the fact that The value of a trade secret resides in the fact that competitors or other interested parties do not have access competitors or other interested parties do not have access to it. Therefore, a trade secret must be kept secret so that to it. Therefore, a trade secret must be kept secret so that no one could, without the consent of the owner, acquire it.no one could, without the consent of the owner, acquire it.

Thus, A trade secret can be protected for an unlimited Thus, A trade secret can be protected for an unlimited period of time. The owner has the exclusive right to use / period of time. The owner has the exclusive right to use / exploit a trade secret as long as it remains a secret.exploit a trade secret as long as it remains a secret.

It is said that the trade secret of Coca-Cola still has not It is said that the trade secret of Coca-Cola still has not entered the public domain despite the fact that the entered the public domain despite the fact that the common ingredients of Coca-Cola are known. common ingredients of Coca-Cola are known.

A chemical composition falling in this category need to be A chemical composition falling in this category need to be protected through a trade secret rather than patent which protected through a trade secret rather than patent which is a publicly known document.is a publicly known document.

Layout Design for Integrated Circuits: Layout Design for Integrated Circuits:

Semiconductor Integrated Circuit means a product Semiconductor Integrated Circuit means a product having transistors and other circuitry elements, which having transistors and other circuitry elements, which are inseparably formed on a semiconductor material or are inseparably formed on a semiconductor material or an insulating material or inside the semiconductor an insulating material or inside the semiconductor material and designed to perform an electronic material and designed to perform an electronic circuitry function.circuitry function.

The aim of the Semiconductor Integrated Circuits The aim of the Semiconductor Integrated Circuits Layout-Design Act 2000 is to provide protection of Layout-Design Act 2000 is to provide protection of Intellectual Property Right (IPR) in the area of Intellectual Property Right (IPR) in the area of Semiconductor Integrated Circuit Layout Designs and Semiconductor Integrated Circuit Layout Designs and for matters connected therewith or incidental thereto. for matters connected therewith or incidental thereto.

The main focus of SICLD Act is to provide for The main focus of SICLD Act is to provide for routes and mechanism for protection of IPR in routes and mechanism for protection of IPR in Chip Layout Designs created and matters Chip Layout Designs created and matters related to it.related to it.

The SICLD Act empowers the registered The SICLD Act empowers the registered proprietor of the layout-design an inherent right proprietor of the layout-design an inherent right to use the layout-design, commercially exploit it to use the layout-design, commercially exploit it and obtain relief in respect of any infringement.and obtain relief in respect of any infringement.

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

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