In terms of intellectual property, there are numerous legal frameworks to handle every possible situation.
Development is built on the foundation of intellectual property. It may be a piece of writing, a piece of art, an article from a magazine, a design, or a new way of doing things. There are many different kinds of intellectual property, but the word property simply means that it belongs to someone, whether that person is an organization or an individual.
Intellectual property includes things like a movie made by a filmmaker or a new drug developed by a pharmaceutical company. When anything is referred to as property, it might be legally protected.
It differs from the rights we are familiar with. You can report a crime to the police, such as when someone steals your automobile, and the police will be responsible for returning your property and apprehending the offender. In terms of intellectual property, the same is true. Under Indian intellectual property laws, you can sue someone who makes a replica of your movie and receive compensation.
Let’s dig in a little further…
What are Intellectual Property Rights in India?
The collection of legal rights granted to a creator or owner of intellectual property is referred to as “intellectual property rights” (IPR). These are the controllable rights that an individual has over his or her mental works. By paying the creators for their mental exertion and preserving their ownership rights over their works, they want to preserve their interests. Thus, the inventors and creators are permitted to profit from their innovations. The legal rights that control the use of intellectual property are known as IP rights.
Intellectual property includes inventions, literary and artistic works, designs, symbols, names, and pictures, etc utilized in business (IP).
Patents, copyright, and trademarks, for example, are legal rights that enable people to earn monetarily or gain a reputation from the innovations or products they create by striking the right balance between inventors’ interests and the greater public interest.
Need for Intellectual Property Rights…
The following list outlines the different justifications for providing intellectual property (IP) protection through the adoption of appropriate IP laws:
1. By rewarding inventors and enabling them to profit financially from their works, we may stimulate inventions and creations that advance society’s social, economic, scientific, and cultural progress.
2. to grant intellectual property legal protection.
3. to prohibit others from benefiting from someone else’s creative work.
4. to make fair dealing easier.
5. to encourage the spread of innovation.
6. giving credit for the creators’ efforts.
7. preventing the infringement of authors’ property rights by unlawful usage of their works.
8. to promote the use of knowledge, time, money, and other resources to support innovation initiatives that are good for society.
IPR and India
History of IPR in India
The Ramayana was composed many years ago. The sacred text, however, still has importance in the contemporary society. Maharishi Valmiki’s contributions are still recognized. Even now, praise for Lord Vishwakarma’s architectural creations is given. That is how acknowledging the creators of intellectual works builds confidence in future generations.
The first system of intellectual property protection, which took the shape of a Venetian Ordinance, first appeared in India in 1485, marking the beginning of the country’s history of intellectual property rights. The protection of creative minds’ rights was praised and emulated around the world.
Returning to India, the Indian Patents Act, which established IPR in India under British rule, was first put into effect in 1856. From thereon, India became a member of WIPO in 1975. The treaty requires India’s compliance with the international rules and regulations surrounding IPR.
Different IPR Acts in India
The importance of intellectual property can be traced back to the ancient use of stamps on bricks by Roman brick-makers for identification and even further back when the leaders of the ancient Greek city of Sybaris granted the creator of a delicious dish a one-year monopoly on cooking it. With the growth of science and technology and global commerce, a lot has changed since then.
Intellectual property is a result of human intelligence. The rights granted to it allow its owner to profit from the benefits of that intellectual endeavor by granting them a monopoly. Such a benefit is not necessarily a natural right, and it must be recognized by law.
In India, the following intellectual property rights are recognized by law:
1. Patents Act, 1970
2. Trade Marks Act, 1999
3. Copyright Act, 1957
4. Designs Act, 2000
4. Geographical Indications of Goods (Registration & Protection) Act, 1999
5. Semiconductor Integrated Circuits Layout Design Act, 2000
6. Biological Diversity Act, 2002
7. Farmers’ Rights Act, 2001
The benefit of IP Rights in India
In India, national and state economies rely heavily on intellectual property (IP). Hundreds of businesses rely on the proper protection of their patents, trademarks, and copyrights, while consumers utilize IP to ensure they buy safe, guaranteed products. We think intellectual property rights are important to safeguard at home and abroad.
Makes Your Products More Reliable
- Thanks to strong IP rights, consumers can make informed decisions regarding the safety, dependability, and efficacy of their products.
- IP rights enforcement ensures that items are genuine and of the high-quality consumer demand.
- Consumers and markets want and rely on IP rights’ trust and peace of mind.
Encourage Innovation and Rewards Entrepreneurs
- Risk and failure are the essential components of the innovation economy. Intellectual property rights motivate entrepreneurs to keep striving for breakthroughs in the face of adversity.
- IP rights ensure the free flow of information by allowing the protected know-how necessary to share the original, copyrighted concept. New ideas and improvements to existing ones develop due to this process.
- The importance of innovation was recognized by the law makers in India, who ensured that strong IP rights for authors and inventors were protected.
- Turn thoughts and ideas into assets that generate income – Thoughts and ideas have little value on their own, but you can transform them into widely successful goods and services by registering them as intellectual property.
- It is possible to generate a consistent flow of royalties and additional money by copyrighting or licensing the patents.
- Increases export opportunities: A company that has IPRs registered can employ brands and designs to advertise its goods and services in foreign areas. A business can also tap into franchising agreements with overseas companies or export patented products.
Additionally, The true business assets that are essential to the products and services are also protected by IP rights, which also cover company ideas or concepts.
Types of Intellectual Property Rights in India
Copyright
Literary and creative authors and artists are rewarded for their efforts. However, they are also the legitimate owners of their works, and as such, they are entitled to protection from anyone who copies their creations and passes them off as their own in order to profit wrongfully. In India, copyright protection is based on the originality doctrine. In India, registration and protection of copyrights are governed by the Copyright Act, 1957. Stories, dance routines, song lyrics, paintings, architectural drawings, and other forms of creative expression are all protected by copyright in India.
Patents
Patents give creators of inventive and unique items or processes monopoly protection. In India, the Patents Act was originally passed and implemented in 1970. Several amendments to the Act have been made in order to comply with international laws. Although the procedure for granting patents is somewhat complicated, applicants must demonstrate on paper why their inventions are valuable and require protection. However, the protection thereby granted gives them the sole discretion to choose how they wish to utilize the advantages of such an invention.
Trademark
Names and symbols that are used to identify a corporate brand are protected from exploitation by trademarks, as the name implies. The purpose of trademark protection is to preserve the goodwill of the products and services in question.
Additionally, it entails preventing others from abusing their goodwill. The Trade Marks Act, 1999 provides the procedure for trademark registration and protection in India, as well as other connected phenomena.
Industrial Design
The Designs Act, 2000 and related Designs rules are responsible for managing the registration and protection of industrial designs in India. Industrial design is defined by the WIPO as “a composition of lines and colours or any three-dimensional form, which leaves a unique impression on a product.” Industrial design examples include jewelery, textiles, electronic products, and packaging.
Geographical Indicators
Manufacturers may seek intellectual property protection to prevent items from other areas from misusing this manual since certain products and particular locales are linked.
For instance, Basmati rice is registered as a product having Geographical Indication with the Indian Department of Commerce. Only this variety of rice, grown in seven provinces at the foot of the Himalayas, is given this tag.
Trade Secrets
Trade secrets can be thought of as the crucial information that determines a company’s success. Coca-Cola and Maggi are two examples of food products whose flavour uniquely defines the brand.
Everyone will know how to produce the taste without paying these brands, or they may even start their own company as a competitor, if the secret flavouring chemicals are made public. In India, there is no specific regulation addressing the protection of trade secrets. However, courts in India uphold the significance of protecting trade secrets through contract law, copyright law, equity principles, and common law actions of breach of confidence, among other mechanisms.
Name | COPYRIGHT | TRADEMARK | PATENT |
Subject of Protection | Original compositions by writers and artists, including songs, books, paintings, sculptures, databases, ads, maps, and technical drawings. | Any signs, expressions, words, or designs that identify and set one enterprise's products apart from those of competitors. | Any novel and practical technological invention, such as a new product, an enhancement of an existing product, or a new method of manufacturing a product, may be given a patent. |
Requirements | Original creative work and needs to be in a physical form. | Should be distinctive (possible to pinpoint the origin of a certain commodity). | The invention should be new, useful and should have unusual steps or non-obviousness. |
Terms of Protection | It must occur at least 50 years after the creator's passing. The copyright is protected in India for the author's lifetime plus 60 years after death. | It may vary but it is usually 10 years and can be renewed on payment of additional fees. | 20 years from the date of filing the application. |
Registration | The automated operation of copyright protection does not necessitate any registration procedures. However, the majority of nations have set up a system of voluntary registration. | Both registered and unregistered trademarks are legal. Both registered and unregistered trademarks are protected by greTrademark Law. A registered trademark, however, offers conclusive proof of ownership. | A patent must be registered in a nation in accordance with the process outlined by its Patent Law because it is a territorial right. |
Key Takeaway
1. Protecting intellectual property is a non-partisan concern shared by a broad coalition of interests, which ties all of these essential and varied topics together.
2. All industry sectors, including small, medium, and big businesses, labor organizations, consumer groups, and other trade associations that we bring together, support these rights.
3. As can be seen from the preceding, Indian litigation trends demonstrate a highly balanced attitude by the courts in IP cases. On the one hand, courts are not hesitant to issue ex-parte injunctions against infringers, and extended ex-parte injunctions are discouraged. Furthermore, new legislation has greatly reduced the time to conduct a trial.
In a nutshell, it is the graciousness of these rights that have contributed to the boost of Intellectual Property in India and continue to carve a beautiful path for the future.
Naseem Sheikh is a trademark enthusiastic and he is a member of Bar Council of Delhi, Bar Council of India.
Last updated – 14-10-2023