Intellectual property is a class of property emanating primarily from the activities of the human intellect. Any property, movable or immovable, is legally protected to prevent it from being trespassed or stolen. Similarly, the rights in an intellectual property created need to be protected from commercial cannabilism / infringement. The legal rights accrued on the intellectual property created are termed Intellectual Property Rights (IPR).
Types of Intellectual Property Rights
The Trade Related Aspects of Intellectual Property Rights (TRIPS) in the agreement of World Trade Organisation (WTO) recognizes seven forms of IPR, namely Patents, designs, trademarks / service marks, copyrights, geographical indications, integrated circuits and trade secrets.
These are legal rights / monopoly granted for a limited time for inventions employing scientific and technical knowledge. They are rights, which promote disclosure and prevent imitation or copying. A patent obtained in one country is not enforceable in any other country unless patent is granted in that country. J and J IP Management provides premium patent registration in India
Through Patent Cooperation Treaty(PCT), an inventor of a member country (contracting state) of PCT can simultaneously ensure priority for his or her invention in all or any of the member countries, without having to file separate application in countries of interest, by designating them in the PCT application. India joined the PCT on December 7 , 1998.
Examples for patents : A new drug for the treatment of certain disease and a centrifugal pump of fractional horse power. A patent is granted for a period of 20 years.
Industrial design is an idea or conception as to the features of shape, configuration, pattern, ornament or composition of lines or colours applied to any article, two or three-dimensional or both, by any industrial process or means which in the finished article appeal to and are judged solely by the eye or product. First to file principle is applicable here. Examples : Designs as applied to containers, shoes, air conditioners, T.V , mats, mobile phones, chairs. Validation of a registered design for 10 years extendible by 5 years.
A trademark is a distinctive word, phrase, logo, internet domain name, graphic symbol, slogan or label that is used to identify the source of a product and to distinguish manufacturers or merchants products from others. Inernational trademark registration is a legal title to intellectual property in much the same way as a deed is title to a piece of real estate. The value of your brand name could depend upon your company’s total value and the popularity gained. Brand value of TATA is pegged at around USD15.8 Billion in 2011. The period of registration of a trademark is ten years and can be renewed every ten years.
Examples for trademarks : Nike for sport apparel, Kodak for cameras, Coca Cola for soft drinks.
A service mark is a distinctive word, phrase, logo, graphic symbol or other device that is used to identify the source of a service and to distinguish one service provider’s service and events from that of others. The period of registration of a trademark is ten years and can be renewed every ten years.
Examples: amazon.com(retail website), Standard Chartered (Banking & Finance), Olympic Games multi-colored interlocking circles(sporting event).
A copyright is basically the right to copy and make use of literary, dramatic, musical, artistic works, cinematographic films, softwares, records and broadcasts. Copyright registration protects the works from piracy and infringement. Copyright is granted for a minimum period of 60 years and maximum period of lifetime and 60 years from the beginning of the calendar year following the year in which the author dies.Incase of joint authorship, the author who dies last will be considered.
Examples: Software programs, Maps and technical drawings, Photographic works, Books.
Layout Design of integrated circuits
The semi conductor intergrated Circuit Layout Design Act,2000 ( Enforcement Pending).The Semiconductor Integrated Circuits Layout Design Act 2000 provides for protection of Semiconductor Integrated Circuits Layout Design and for matters connected therewith or incidental thereto. Government of India has established Semiconductor Integrated Circuits Layout Design Registry (SICLDR) at New Delhi as the office for filings of application for Semiconductor IC Layout Design Registration
Trade Secrets / Undisclosed information
No exclusive registration exits but the matter would be generally covered under the Contract Act, 1872. These are information which are not readily accessible to or generally known to public. It has commerical value because it is a secret by persons lawfully in control of the information.
Plant varieties and Farmer’s Rights
Trips provision of WTO Agreement make it mandatory for member countries to provide protection for new plant varieties. The provisions have given member countries two options for providing protection for new plant varieties –
- under the patent law itself and
- by a separate system (called Sui generis system)
Examples : New variety of rice and wheat.
Term of registration shall be 9 years for trees and vines and 6 years for other crops. Renewal subject to the condition that the total period of validity shall not exceed:
- • 18 years from the date of registration of the variety in the case of trees and vines;
- • 15 years from the date of notification by the Central Government in the case of extant variety;
- • 15 years from the date of registration of the variety in other cases
These are indications that identify goods as originating in the territory of a country,a region or a locality in that territory, where a specific quality, reputation or other characteristic of the goods is essentially attributed to their geographical origin. However, there is prohibition of assignment of geographical indications and prohibition of registration of geographical indications as trade marks
Examples : Darjeeling tea, Kanchipuram Sari.