Intellectual Property Rights 2011

8/8/2019 Intellectual Property Rights 2011

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Intellectual property

rights


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Intellectual property rights are like any other propertyrights

They allow the creator, or owner of a patent, trademark,

or copyright to benefit from his or her own work or

investment.

These rights are outlined in Article 27 of the Universal

Declaration of Human Rights, which sets forth the right

To benefit from the protection of moral and material

INTELLECTUAL PROPERTY


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Intellectual property

INDUSTRIAL PROPERTY + COPY RIGHT

PATENTS DESIGNS TRADEMARKS

Copy Right

GeographicalIndications


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Industrial design

protection for 3D shape

Brand name- registeredunder trademark

Musicplayed on

the CD

player is

protected

by

copyright

Various

technical

parts &mechanisms

are subject

mater of

protection

under Patents


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Definition:

An exclusive right to use or exercise on

invention granted to a person for a limited

period in consideration of the disclosure of the

invention.APatent Term is usually for 20 years.


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The first Indian Patent laws were first promulgated in1856 which are modified fromtime to time. New patent laws were made after the independence inthe form of the Indian Patent

Act 1970.

The Act has now been radically amended to becomefully compliant with the provisions of TRIPS.

The most recent amendment were made in 2005 which

were preceded by the amendments in 2000 and 2003.


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File application in the patent office

Provisional/ complete specification should be filed

Acceptance of specification

Publication of application

Request for examination of applicationReport of examiner

Amendment of objections

PATENT IS GRANTED

approval

objectio

n Division of application


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A trade mark is any sign which can distinguish thegoods of one trader from those of another. Signincludes, words, logos, pictures, or acombination of these.

Trade mark is designated by the followingsymbols.

TM (For an unregistered trade mark)

SM(For an unregistered service mark)


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A word, letter or design If it is a word then it should be easy to speak

Spell and remember

Invented or coined word

It should be unique


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Following are the salient changes in the New INDIAN TRADEMARK ACT.


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The Designs Act(ID), 2000 and the Designs Rules, 2001 aregoverning the India's design law.

Under the Designs Act, 2000 the "article" means any article of

manufacture and any substance, artificial, or partly artificial andpartly natural; and includes any part of an article capable of beingmade and sold separately

Indian Design Act(ID), 2000 provides ten years protection tothe registered designs. The protection may be extended for

another five years at the request of the design rights holder.

India has adopted the 'first to file' system.


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Sec 2(i) The design should be new or original, not previouslypublished or used in any country.

The design should relate to features of shape, configuration,pattern or ornamentation applied or applicable to an article.Thus, designs of industrial plans, layouts and Installations arenot registrable under the Act.

It should not comprise or contain scandalous or obscene

matter.


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Normally, designs of artistic nature such as painting,sculptures and the like which are not Produced in bulk by anyindustrial process are excluded from registration under theAct.

Sec2,(i)clause-v The features of the designs in the finishedarticle should appeal to and are judged solely by the eye. Thisimplies that the design must appear and should be visible onthe finished article, for which it is meant.

The design should not include any trademark or property markor artistic works.

It should be significantly distinguishable from known designsor combination of known designs.


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What is a geographical indication?

A geographical indication is a sign used on goods thathave a specific geographical origin and possess qualitiesor a reputation that are due to that place of origin

Most commonly, a geographical indication consists ofthe name of the place of origin of the goods. Agricultural

products typically have qualities that derive from theirplace of production and are influenced by specific localfactors, such as climate and soil

Geographical indication may be used for a wide verity ofproduct where the natural, agricultural or manufacturer

Examples of Geographical Indications : Swiss for watches produce in Switzerland

Darjeeling Tea for tea produce in Darjeeling


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TRIPS provisions :For reciprocal protection ;protection in the country of origin is must. Indiadid not have such protection with regard to Geographical indication.

To cover up such situation Geographical Indication of Goods(Registration and Protection) Act 1999 , passed.

The salient features are:-

Prohibition of registration of certain geographical indications.Taking infringement action by registered proprietor /

registered user. Prohibition of assignment etc. being public property.

Prohibition of registration of G.I as Trade Mark.


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Geographical indications are protected in accordancewith national laws and under a wide range of concepts,such as laws against unfair competition,

consumer protection laws,

laws for the protection of certification marks

In essence, unauthorized parties may not usegeographical indications if such use is likely to mislead thepublic as to the true origin of the product.


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Copyright is a right, which isavailable for creating an originalliterary or dramatic or musical orartistic work.

Cinematographic films includingsound track and video films andrecordings on discs, tapes, perforatedroll or other devices are covered bycopyrights.

Computer programs and software are

covered under literary works and areprotected in India under copyrights.


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As amended in the act 1983, 1984, 1992, 1994 and 1999governs the copyright protection in India :

The total term of protection for literary work is the authorslife is sixty years.

For cinematographic films, records, photographs,posthumous publications, anonymous publication, works ofgovernment and international agencies the term is 60years from the beginning of the calendar year followingthe year in which the work was published. Forbroadcasting, the term is 25 years from the beginning ofthe calendar year following the year in which the

broadcast was made.


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Intellectual Property Rights 2011

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