INDIAN LEGISLATION IN PROTECTING IPR

WEL COME

Muttanna IligerPGS14AGR6592Dept.Agronomy

INTELLECTUAL PROPERTY • What is Property?

any asset or thing that is owned by a person or entity: tangible or intangible.

• When does a property called “intellectual” property?

when it is the result of human mind/intellect/thinking process

• Intellectual Property (IP) is a legal term that refers to creations of the human mind and human intellect, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.

• IP is protected in law by for example patents, copyrights and trademarks, Geographical indications, etc which enable people to earn recognition or financial benefit from what they invent or create.

• Legislation- it’s a body of law enacted.

• Amendment- modification of constitution of a nation or a state.

• Act- it is a statute which enacted as primary legislation by a nation or sub nation parliament.

Legal changes in India to protect IPR

• Trademark Act 1999• Indian copyright Act 1957• Designs Act 2000• Registration & protection of geographical indications

(Goods) Act 1999• Protection of plant varieties and farmers’ rights Act 2001 • Indian patent Act 1970• Biological diversity Act 2002

Trade Marks Act, 1999.• Purpose of the Act:- An Act which helps provide registration

and better protection of trade marks for goods and services .• Trade marks act enacted in 1999.• Enforcement-15th April 2004

Protection of Trade marks and Remedies by following ways

1) Infringement Action : If any invasion of this registered trade mark by any other person he can protect his trade mark by an action for infringement in which he can obtain INJUNCTION, DAMAGES OR ACCOUNT OF PROFIT made by the other person.

2) Passing Off Action : Here, the Trade Mark need not be registered. “passing off”, the main principle is that no one has any right to represent for trade purposes, his goods or business as being the goods or business of somebody else.

3) Criminal Action:- Criminal complaints can be filed in the court of Metropolitan Magistrate or First Class judicial magistrate against accused person.

Copyright• A Copyright shall subsist in an original literary work.• Copyright protects only what is EXPRESSED and not the

IDEA that has been used to express.• Indian copyright Act 1957• Amendments- 1981, 1984, 1994, and 1999 (w.e.f. 15

January 2000)

Remedies for infringement

a) Civil remedy- one may file for injunction, damages and accounts rendition, delivery of infringing copies and damages for conversion.

b) Criminal remedy- one may file for imprisonment and fine, and delivery of them to the owner.

c) Administrative remedy- one may file for moving the Registrar to ban the import of infringing copies.

Designs Act, 2000.• Expressing a mental conception in a physical form is called

design.

Objects of the Designs Act, 2000.• Legal system for protection of Industrial design to be made

more efficient.• To promote design activity in order to promote the design

element in an article of production.

Remedies for Infringement of Design• Any person liable for contravention (every contravention) has

to pay to the registered proprietor of the design, a sum not exceeding Rs.25,000/-, . The proprietor can also bring a suit for damages for such contravention and for an injunction against repetition. The total sum recoverable cannot exceed Rs.50,000/-

Geographical indications of goods(Registration and protection) Act, 1999.• Geographical Indication : it is the indication which

identifies goods such as agricultural goods, natural goods or manufactured goods or originating or manufactured in the territory of a country or a region or locality in that territory.

Remedies for Infringement of GI • Section 22 of the Act deals with infringements if An

Unauthorised user using a registered GI Proceedings can be instituted to prevent or to recover damages for the infringement of a registered GI.

Protection of Plant varieties and Farmers’ Rights Act, 2001.

Protection of rights of breeder, researcher and farmers• The rights of the breeders are protected by granting them a

monopoly to use and sell the seeds and planting materials of the new plant varieties evolved by them through a system by which they are granted registration.

• If other use the registered plant varieties for production and sale of seeds and other planting material have to take a license from the breeder by paying him fees.

Remedies for Infringement of PPV and FR act

Sections against violation of registered variety

Sec 71 – punishable offence with heavy fine

Sec 72 – punishable offence

Sec 73 – Penalty for subsequent offence

Patents Act, 1970  • A patent is a right granted to a person who has invented a

new and useful article or an improvement of an existing article or a new process of making an article.

• Patent act enacted in 1970.• Amendments – 1999 , 2002 , 2005. w.e.f 20-3-2005.

Remedies for Infringement of Patent• Action for infringement of a patent must be instituted by filing

a suit in the Court having jurisdiction not inferior to that of a District Court.

• For infringement relief is injunction and at the option of the plaintiff, either damages or an account of profits.

•  The limitation period for taking action for infringement is three years from the date of infringement.

 

Biological Diversity Act, 2002

• Biological Diversity refers to the the variety of all life on earth. It includes diversity of ecosystems, species and the ecological processes that support them

• The Biodiversity Act was amended in May 2009

Remedies for Infringement in Biodiversity• The penalties for contravening the Act have been

increased to a fine of up to Rs 5 million for a first offence and up to Rs 10 million for a subsequent offence, and/or imprisonment for up to 10 years.

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