Intellectual Property Rights
IP is protected in law by, for example, patents, copyright and trademarks, which enable people to earn recognition or financial benefit from what they invent or create. By striking the right balance between the interests of innovators and the wider public interest, the IP system aims to foster an environment in which creativity and innovation can flourish. What is Meant by Intellectual Property Rights? Intellectual property is a legal term for the creations of mind and intellectual property rights are the rights provided by law for the exclusive use of creations of the mind. Examples of intellectual property include music, literature, and other artistic works; discoveries and inventions; and words, phrases, symbols, and designs. Examples of intellectual property rights include trademark, copyright and patent. In this article, we look at intellectual property rights available in India. Intellectual Property rights mean providing property rights through patents, copyrights and trademarks. Holders of intellectual property rights have a monopoly on the usage of property or items for a specified time period. The term intellectual property began to be used in the 19th Century. Only in the 20th century did it become part of the world’s legal systems. What are the 4 types of Intellectual Property? The 4 main types of intellectual property are listed below. Patents – It is used for protecting new inventions, ideas, or processes. Patent holders need to pay periodic government renewal fees. An approved patent is for a limited time period. Know more about Patents Act in India. Copyrights – It protects the ideas, examples would be written works, music, art, etc. Trademarks – It is something that protects the symbols, colors, phrases, sounds, design etc. Trade Secrets – It may be strategies, systems, formulas, or other confidential information of an organization that provides them a competitive advantage in the market. Intellectual Property Rights Registration Trademark Registration- Trademark is the most common type of intellectual property right with more than 2 lakh trademark registration applications filed in India during the year 2013-14. Trademark registration and trademark protection in India are governed by the Trademark Act, 1999. A trademark is used by an entity on goods or services or other articles of commerce to distinguish it from other similar goods or services originating from a different entity. Names, logo, slogans, word signature, label, device (product shape), numerals or even a combination of colors can be trademarked in India. However, the most popular form of trademark registration is that of a trademark registration for a business name or logo. Once the trademark registration application is filed with the Registrar of Trademarks, the TM symbol can be used next to the logo. Once, the trademark is registered, the R symbol is placed next to the logo for indicating that the mark is a registered. For a mark to be trademarked, it must be: Capable of being represented graphically (that is in the paper form). Capable of distinguishing the goods or services of one entity from those of others. Capable of being used or proposed to be used as a mark in relation to goods or services to indicate a connection between the goods or services and an entity that has the right to use the mark. Copyright Registration- Copyright registrations are handled by the Copyright Office acting under the Indian Copyright Act, 1957. Copyright is a legal right given by the law to creators of literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings. Unlike trademark and patent, copyright protects the expression and not the idea or creation of mind. Further, copyright registration cannot be obtained for titles or names, short word combinations, slogans, short phrases – as the same can only be trademarked. One of the most popular type of copyright registration in India is copyright registration of website or software. Websites and software’s can be copyrighted as they are both considered to be “literary works” under the Indian Copyright Act, 1957. To copyright a website, many separate applications for copyright registration may have to be filed, as a website could contain many different literary works, artistic works (photographs etc.), sound recordings, video clips, cinematograph films, broadcastings and computer software. For copyright registration of a software, the “Source Code” of the software must be submitted to the Copyright Office along with the application for registration of copyright for software products. Patent Registration- Patent registration in India can be obtained for any invention relating to a product or process that is new, involving inventive step and capable of industrial application. The following items cannot be patented, as they are not considered as inventions under the Patent Act, 1970: An invention which is frivolous or which claims anything obviously contrary to well established natural laws. An invention the primary or intended use or commercial exploitation of which could be contrary to public order or morality or which causes serious prejudice to human, animal or plant life or health or to the environment. The mere discovery of a scientific principle or the formulation of an abstract theory or discovery of any living thing or non-living substance occurring in nature. The mere discovery of a new form of a known substance which does not result in the enhancement of the known efficacy of that substance or the mere discovery of any new property or new use for a known substance or of the mere use of a known process, machine or apparatus unless such known process results in a new product or employs at least one new reactant. Any substance obtained by a mere admixture resulting only in the aggregation of the properties of the components thereof or a process for producing such substance. The mere arrangement or re-arrangement or duplication of known devices each functioning independently of one another in a known way. Any method of agriculture or horticulture. Any process for the medicinal, surgical, curative, prophylactic diagnostic, therapeutic or other treatment of human beings or any process for a similar treatment of animals to render them free of disease or to increase their economic value or that of their products. Plants and animals in whole or any part thereof other than micro organisms
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