Sunday, December 26, 2010

INTELLECTUAL PROPERTY RIGHTS

The term Intellectual Property (IP) reflects the idea that its subject matter is the product of the mind or the intellect. These could be in the form of Patents, Trademarks, Geographical Indications, Industrial Designs, Layout-Designs (Topographies) of Integrated Circuits, Plant Variety Protection and Copyrights.

India is a member of two major Treaties, namely,

→Paris Convention for the Protection of Industrial Property (relating to Patents, Trademarks, Designs, etc.)

→The Berne Convention for the Protection of Literary and Artistic Works (relating to copyright)

Apart from these, India is also a member of the Patent Cooperation Treaty (PCT) which facilitates obtaining of Patents in several countries by filing a single application.

Intellectual Property is divided into two categories:

Industrial Property – Patents, Trademarks including service marks, Industrial Designs, Layout Designs of ICs, Undisclosed Information including Trade Secrets and Geographic indications of source.


Copyrights – Literary and artistic work such as novels, poems, plays, films and musical works, etc.

India is a member of the World Trade Organization (WTO). The WTO agreement, inter-alias, contains an agreement on IP, namely, the Agreement on Trade Related Aspects of Intellectual Property (TRIPS). This Agreement made protection of Intellectual Property an enforceable obligation of the Member States. TRIPS Agreement sets out minimum standards of intellectual property protection for Member States. India has complied with the obligations contained in the TRIPS Agreement and amended/enacted IP laws.

THE INDIAN ACTS

The Patents Act, 1970, as amended, in 2005

The Designs Act, 2000

The Trade Marks Act, 1999

The Geographical Indications of Goods (Registration and Protection) Act, 1999

Copy Rights Act 1957, as amended in 1999

Semi-conductor IC Layout Design Act,2000

Protection of Plant Varieties and Farmers’ Rights act,2001

TRIPS AGREEMENTS

According to the TRIPS Agreements, the intellectual property has been classified into:

Patents

Industrial Designs

Trade Marks

Copyrights

Geographical Indications

Layout Designs of Integrated Circuits

Protection of Undisclosed Information/ Trade Secrets

IPR is a part of Enterprise Development. In the production department many enterprises introduce innovative processes and develop new products. We, do not give much importance to IPRs. These processes/ Products can be protected through Patents. Similarly Every Enterprise can have its own BRAND. This brand can be protected through Trade Mark Registration.

No comments: