Basic concepts of IPR

Basic concepts of Intellectual Property Rights

INTELLECTUAL PROPERTY RIGHTS

Patents for inventions

Copyrights for material

Trademarks for broad identity

Trade secrets

The TRIPS Agreement provides for norms and standards in respect of following areas of intellectual property:

•Copyrights and related rights•Trade Marks•Geographical Indications•Industrial Designs•Lay out Designs of Integrated Circuits•Protection of Undisclosed Information (Trade Secrets)•Patents•Plant varieties

1856 - The Act on Protection of Invention based on the British Patent Law of 1852.1858- The Act modified as Act XV; patent monopolies called exclusive privileges (making, selling and using invention in India and authorising others to do so for 14 years from date of filing specification. 1872 -The Patents and Designs Protection Act1883 The protection of Invention Act1888 Consolidated as the Invention Designs Act.1911 The Indian Patents & Designs Act (Under the management of the controller of Patents & Designs). This came into force from 15 August 1947.1914 Copy of the British copyright Act of 1911 with suitable modification for British India.1957 Adopted many principles of the British copyright Act of 1958 This came into force to cope with new problems in the low of copyright created by technological advances in the fields of communication, broadcasting, microfilming, photolithography, movies cinemas and talkies. 1959 The Act of 1940 amended as the Indian Trade & Merchandise Marks Act, 1958 on 25 November 1959 1967 The patent Bill introduced in Parliament1970 The Indian patents Act, 1970. The Design Act of 1911 retained without changes1972 The Patents Act (Act 39 of 1970) came into force on 20 April 1972. 1983 Amendments of availing the benefits arising from the revision of the Berne Convention and the Universal Copyright Convention to

which India adheres. 1984 Amendments to discourage and prevent piracy prevailing in the video film and records 1992 Amendment to increase protection time to Author's lifetime 60 years. 1992 Amendment proposed for a "New Act" in line with internationally accepted norms. Debates continuing. 1994 On 31 December, 1994, Ordinance framed to amend the Patents Act, 1970, and the concept of exclusive marketing rights introduced

as pipeline protection. 1994 Amendment to give effect to the obligation arising from the GATT. Copyright protection extended to new areas of creative work,

including the computer industry. Special rights introduced to cover the per forming arts. 

Patents

Requirements for patent:

1. Problem of invention.

2. Current report of the problem to be addressed.

3. Solution to the problem.

4. Extent of the novelty.

5. Uses or application.

6. Inventor details.

7. Resources of funds.

• Types of patents:

1. Utility patents :It can be granted to anyone who invents or discovers any new and useful process, machine, manufacture or composition of matter, or any new and useful improvement thereof.  Utility period is of 20 years.

2. Design patents :It can be granted to any one who invents a new, original ornamental design for an article of manufacture. A design patent has duration of 14 years from the date of filing.

3. Plant patents :Plant patent can be granted to any one who invents or discovers and reproduces a new variety of plant.  A plant patent has a term of 20 years from the date of filing.

COPYRIGHTS

Copyright is sanctioned to prevent others from:

1. Copying the work.

2. Publishing and selling copies commercially.

3. Renting or lending the work in a free market.

4. Doing or demonstrating the work in public.

The test for such originality consists of two conditions:

1. Work must originate from the inventor and not a copy from others' works.

2. The invention or work must have adequate amount of creativity.

TRADE MARKS Types of trademarks:

1. Generic Trademarks: Words, symbols or devices that are not so distinctly distinguishing the goods from others are at the weakest ends, as they are common terms used to identify the goods themselves. These are termed as generic terms and are not protectable as trademarks.

2. Descriptive Trademarks: Descriptive trademarks clearly denote or inform the specific purpose, functions, physical characteristic and end use of the product.

3. Suggestive Trademarks: Suggestive trademarks do not at a glance describe the goods for which the mark is used; yet they rather require some imagination or perception to arrive at a conclusion about the nature of the goods. Suggestive marks are inherently distinctive and protectable.

Trade secrets

Need of IPR

 Prevent plagiarism.

Prevent others using it.

Prevent using it for financial gains.

Fulfil obligation to funding agency.

Support income generation strategy.

Importance of IPR

Give the inventors exclusive rights of dealing.

Permit avoiding of competitors and increase entry barriers. 

Allow entry to a technical market.

Generate steady income by issuing license.

References

Fermentation technology ,H .A .Modi.

Intellectual property rights basic concepts and principles ,by Charles F. Carletta, J.D. Secretary of the Institute and General Counsel Rensselaer Polytechnic Institute.

http://www.vigyanprasar.gov.in

http://www.indianMBA.com

www.europeanpatentacademy.com