INTELLECTUAL PROPERTY RIGHTS INTELLECTUAL PROPERTY RIGHTS

A PRIMERA PRIMER

ByBy

VishwaranjanVishwaranjan

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INTELLECTUAL PROPERTY INTELLECTUAL PROPERTY RIGHTS RIGHTS

MEANING – Grant of exclusive rights for a certain period over intangible assets created through human skill, intelligence, labour and effort

CLASSIFICATION OF IPR –

Copyright © Trademark TM/SM/® Patent Geographical Indications Industrial Design Trade Secrets

COPYRIGHT

Literary/Dramatic/Musical/Artistic Work

Computer Programs/Software are literary works and covers –

Algorithms and Source Codes

Cinematograph Films including Sound Tracks

Recording on disc, tape, perforated roll or other device

Protection for the expression of an idea and not for the idea itself

Protection starts from the moment an original work is created

No formal registration is required for claiming protection

Fair Use provisions

TRADE MARKS

A distinctive, non – descriptive sign, identifies certain goods/services produced/provided by a specific person or enterprise.

Trademark may be –

o One or Combination of Words/Letters/Number

o Drawings/Symbols/Three Dimensional Signs

Classification of Goods/Services offered

Well known Mark

Associated Trademarks

Service Marks

Certification Marks

PATENTS

Invention of a new product or process involving an inventive step and capable of industrial application.

Essentials:

- Novelty

- Inventiveness (Non – Obviousness)

- Usefulness

Non – patentable inventions

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IPR PROTECTION MECHANISM IN INDIAIPR PROTECTION MECHANISM IN INDIA

SALIENT FEATURESSALIENT FEATURES

In conformity with International standards and as amended from time to In conformity with International standards and as amended from time to time, the Indian laws provide for both civil and criminal liability;time, the Indian laws provide for both civil and criminal liability;

Protection available to both registered as well as unregistered IPRs Protection available to both registered as well as unregistered IPRs through civil suits, temporary / permanent injunction, arrest, penalty, through civil suits, temporary / permanent injunction, arrest, penalty, damages, compensation etc.;damages, compensation etc.;

Criminal remedy more effective than civil proceedings;Criminal remedy more effective than civil proceedings;

Signatory to International Convention & treaties, i. e. Signatory to International Convention & treaties, i. e. o Berne Convention, 1886 for protection of Literary and Artistic Berne Convention, 1886 for protection of Literary and Artistic

Works - copyright;Works - copyright;o Paris Convention, 1883 for protection of patents, trademarks, Paris Convention, 1883 for protection of patents, trademarks,

designs, etc;designs, etc;o Patent Cooperation Treaty (PCT);Patent Cooperation Treaty (PCT);o TRIPS; WPPT 1996 etc.TRIPS; WPPT 1996 etc.

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GOVERNING STATUTES & TERM OF GOVERNING STATUTES & TERM OF PROTECTIONPROTECTION

Copyright Act, 1957 – Lifetime + 60 yrs., for Natural Copyright Act, 1957 – Lifetime + 60 yrs., for Natural entity and 50 yrs. from publication for Artificial Entity; entity and 50 yrs. from publication for Artificial Entity; 25 years for broadcasting.25 years for broadcasting.

Patents Act, 1970 – 20 year, Patents Act, 1970 – 20 year, Trademarks Act, 1999 – 10 year, renewable;Trademarks Act, 1999 – 10 year, renewable;Designs Act, 2000 - 10 year + 5 year extension;Designs Act, 2000 - 10 year + 5 year extension;Geographical Indications of Goods (Registration and Geographical Indications of Goods (Registration and

Protection) Act,1999 – 10 Years;Protection) Act,1999 – 10 Years;Protection of Plant Variety & farmer’s Right Act, 2000 Protection of Plant Variety & farmer’s Right Act, 2000

– Maximum 18 years;– Maximum 18 years;Semiconductor Integrated Circuits Layout Design Act, Semiconductor Integrated Circuits Layout Design Act,

2000, 10 year. 2000, 10 year.

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COPYRIGHT AND ITS PROTECTIONCOPYRIGHT AND ITS PROTECTION

Protects copyright owners from piracy and infringement of copyrights. Protects copyright owners from piracy and infringement of copyrights.

Criminal Remedy - Minimum jail term of seven days which can be Criminal Remedy - Minimum jail term of seven days which can be extended up to 3 years and fine ranging from Rs. 50,000/- to Rs. extended up to 3 years and fine ranging from Rs. 50,000/- to Rs. 2,oo,ooo/- 2,oo,ooo/-

Provided under Section 55 of the Act, Civil Remedies include Provided under Section 55 of the Act, Civil Remedies include

Injunction, Injunction, Damages or accounts of Profit,Damages or accounts of Profit, Delivery up of infringing copies Delivery up of infringing copies Damages for conversionDamages for conversion

Section 64 empowers Police to Seize infringed copyright materialSection 64 empowers Police to Seize infringed copyright material

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TRADE MARKS AND ITS PROTECTIONTRADE MARKS AND ITS PROTECTION

Trade Marks Act, 1999 awards both civil and criminal remediesTrade Marks Act, 1999 awards both civil and criminal remedies

For registered Trade Mark, civil remedy include For registered Trade Mark, civil remedy include

Suits for infringement under Section 134Suits for infringement under Section 134 Injunction under Section 135Injunction under Section 135

For unregistered Trade Mark, Action for Passing Off can be For unregistered Trade Mark, Action for Passing Off can be instituted. instituted.

The tort of Passing off reputation, deception and damage.The tort of Passing off reputation, deception and damage.

Similarly, suit for damages and for rendition of Accounts can also be Similarly, suit for damages and for rendition of Accounts can also be institutedinstituted

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SNAPSHOT OF LEGAL PROVISIONSSNAPSHOT OF LEGAL PROVISIONS

PROTECTION OF PATENTSPROTECTION OF PATENTS

Criminal liability : penalties available under Section 118Criminal liability : penalties available under Section 118 Contravention of Secrecy provisions relating to certain Contravention of Secrecy provisions relating to certain

inventions in cases relating to infringement of Patentsinventions in cases relating to infringement of Patents Failure to comply with Section 35, is punishable with Failure to comply with Section 35, is punishable with

imprisonment for a term which may extend to two years or with imprisonment for a term which may extend to two years or with fine or both.fine or both.

PROTECTION OF DESIGNS :PROTECTION OF DESIGNS :

Civil Remedies against infringement of Copyright in a design Civil Remedies against infringement of Copyright in a design area area

an injunction, an injunction, damages or damages or Compensation and delivery up of infringing articles.Compensation and delivery up of infringing articles.

No Provision for criminal proceedings against piracy of designs.No Provision for criminal proceedings against piracy of designs. Unregistered design can be protected under Copyrights Act.Unregistered design can be protected under Copyrights Act.

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