INTELLECTUAL PROPERTY INTRODUCTION The term Intellectual Property relates to the creations of human mind and human intellect. Intangible property developed using ones intellect. The Intellectual Property Rights includes Patents,
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INTELLECTUAL PROPERTY<br>
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INTRODUCTION The term Intellectual Property relates to the creations of human mind and human intellect.
Intangible property developed using one’s intellect.
The Intellectual Property Rights includes Patents, Copyrights, Trademarks, industrial designs etc.<br>
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DEFINITION As per Article 2 (viii) of WIPO (The World Intellectual Property Organisation) “Intellectual Property refers to creation of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.”<br>
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INTELLECTUAL PROPERTY RIGHTS It is the right on the intellectual property given to the inventor or creator of the product for a limited period of time as an incentive for the time, labour and money invested by him.<br>
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NEED FOR PROTECTION Security to investors.
Healthy competition.
Controls piracy and plagiarism.
Avoid infringements.
Encourages creativity and quality.
Increase employment opportunity.<br>
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FEAUTURE OF I.P Applies to information, ideas or other intangible expressed innovation.
Product of intellect or mind – books, articles, songs, inventions, designs, logo, business marks, trade secrets etc.
Each intellectual property is protected under different means of protection – copyrights act, patents act, designs act trade marks act.
Does not suffer from excludability.
Intangible and incorporeal.<br>
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SCOPE OF I.P WIPO and TRIPS- 14th July, 1967- Article 2(viii)
Literary, artistic and scientific works.
Performances of artists, phonograms and broadcasts.
Invention of human endeavour.
Scientific discoveries.
Industrial designs.
Trademarks, service marks and commercial names and designation.
Unfair competition.
Geographical indications.<br>
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TRADEMARKS Indian Trade Marks Act, 1999.
Section 2(1)(zb)
Marks of goods and services of one firm from those of others.
Shape of goods, packaging and combination of colours etc.<br>
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COPYRIGHTS Indian Copyrights Act, 1957.
Copyrights Amendment Act - 2012
Artistic skills.
Artists, authors, producers of films.
Term- life of author+60 years.<br>
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INDUSTREAL DESIGNS Indian Designs Act, 2000.
Creation of Industrial product.
Shape, pattern, composition or colours applied etc. which can be judged by eye.<br>
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GEOGRAPHICAL INDICATIONS Geographical Indications of Goods (registration and protection) Act 1999.
Section 8
Indication or name used to identify goods.
Ex: Basmati rice, Banaras silks, Kanchepuram silk, Darjeeling tea etc.<br>
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TRADE SECRET Commercial information of business.
Ideas, concepts, inventions, manufacturing process etc.<br>
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PATENTS Indian Patents Act, 1970
Patents Act(amendment) 2002
Inventor of a new thing or new process of manufacture.
Use or sell for certain number of years.
Term- 20 years.<br>
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PLANT VARIETY RIGHTS Plants breeders rights.
Breeders of new varieties of plants.
Royalty for number of years,<br>