An overview on intellectual Property:

Copy Right, Patent, Trade Mark etc.

Intellectual property (IP) refers to creations of the mind, such as inventions; literary and
artistic works; designs; and symbols, names and images used in commerce. . They usually
give the creator an exclusive right over the use of his/her creation for a certain period of time.
IP can be protected in law by, for example, patents, copyright and trademarks, which enable
people to earn recognition or financial benefit from what they invent or create. By striking the
right balance between the interests of innovators and the wider public interest, the IP system
aims to foster an environment in which creativity and innovation can flourish.
The importance of intellectual property in India is well established at all levels- statutory,
administrative and judicial. India ratified the agreement establishing the World Trade
Organisation (WTO). This Agreement, inter-alia, contains an Agreement on Trade-Related

Aspects of Intellectual Property Rights (TRIPS) which came into force from 1st January
1995. It lays down minimum standards for protection and enforcement of intellectual

property rights in member countries which are required to promote effective and adequate
protection of intellectual property rights with a view to reducing distortions and impediments
to international trade.
Recently, the IP regime in India has undergone various significant developments with respect
to laws and policies. Two of the most noteworthy developments are the constitution of the
joint India US working group on IPR and a national IPR Think Tank group set-up to draft a
national IPR policy.
At present, issues of piracy of films and software are being widely being debated in the
government circle for enhanced IP protection. Currently, trade secrets, although a recognized
form of IP, are not protected by legislature in India and they continue to be enforced
contractually or under common law. and in the area of pharmaceutical, the government is
working with a view to achieving a perfect balance between protecting the IPRs of the
inventor/industry and the public interests at large.
Types of Intellectual Property:

Copyright

Patent

Trademark

Industrial design

Geographical Indications

COPYRIGHT
It is the rights that creators have over their literary and artistic works. Works covered by
copyright range from books, music, paintings, sculpture, and films, to computer programs,
databases, advertisements, maps, and technical drawings.
Protection: Exhaustive lists of works covered by copyright are usually not to be found in
legislation. Works commonly protected by copyright throughout the world include: literary
works such as novels, poems, plays, reference works, newspaper articles; computer programs,
databases; films, musical compositions, and choreography; artistic works such as paintings,
drawings, photographs, and sculpture; architecture; and advertisements, maps, and technical
drawings.
Copyright protection extends only to expressions and not to ideas, procedures, and methods
of operation or mathematical concepts as such. Copyright may or may not be available for a
number of objects such as titles, slogans, or logos, depending on whether they contain
sufficient authorship.
Types of rights under copyright:

Economic rights are rights which allow the owner to derive financial reward from the use of
his works by others;
Moral rights are which protect the non-economic interests of the author.
Legislation: Indias copyright law, laid down in the Indian Copyright Act, 1957 as amended
by Copyright (Amendment) Act, 1999, fully reflects the Berne Convention on Copyrights, to
which India is a party. And India is party to the Geneva Convention for the Protection of
rights of Producers of Phonograms and to the Universal Copyright Convention. India is also
an active member of the World Intellectual Property Organisation (WIPO), Geneva and
UNESCO.
Tenure: It lasts till the life time of the author and 60 years from the year of the author death

PATENT
It is an exclusive right granted for an invention, which is a product or a process that provides,
in general, a new way of doing something, or offers a new technical solution to a problem. To
get a patent, technical information about the invention must be disclosed to the public in
a patent application.
Protection: The patent owner has the exclusive right to prevent or stop others from
commercially exploiting the patented invention. It means that the invention cannot be
commercially made, used, distributed, imported or sold by others without the patent owners
consent.
Territorial rights. Exclusive rights are only applicable in the country or region in which a
patent has been filed and granted, in accordance with the law of that country or region.
Legislation: The Patents Act, 1970 & The Patents Rules 1972.
Tenure:The protection is granted for a limited period, generally 20 years from the filing date
of the application.

TRADEMARK
It is a sign capable of distinguishing the goods or services of one enterprise from those of
other enterprises. Trademarks are protected by intellectual property rights.
Protection: It will confer an exclusive right to the use of the registered trademark. This
implies that the trademark can be exclusively used by its owner, or licensed to another party
for use in return for payment. Registration provides legal certainty and reinforces the position
of the right holder, for example, in case of litigation.
Registration: At the national/regional level, trademark protection can be obtained through
registration, by filing an application for registration with the national/regional trademark

office and paying the required fees. At the international level, you have two options: either
you can file a trademark application with the trademark office of each country in which you
are seeking protection, or you can use WIPOs Madrid System.
Kinds of Trademark: A word or a combination of words, letters, and numerals can perfectly
constitute a trademark. But trademarks may also consist of drawings, symbols, threedimensional features such as the shape and packaging of goods, non-visible signs such as
sounds or fragrances, or color shades used as distinguishing features .
Legislation: Keeping in view the changes in trade and commercial practices, globalisation of
trade, need for simplification and harmonisation of trademarks registration systems etc., a
comprehensive review of the Trade and Merchandise Marks Act, 1958 was made and a Bill
to repeal and replace the 1958 Act has since been passed by Parliament and notified in the
Gazette on 30.12.1999. This Act not only makes Trade Marks Law, TRIPS compatibility but
also harmonises it with international systems and practices.
Tenure : The tenure of trademark registration can vary, but is usually ten years. It can be
renewed indefinitely on payment of additional fees.

INDUSTRIAL DESIGN
In a legal sense, an industrial design constitutes the ornamental or aesthetic aspect of an
article. An industrial design may consist of three-dimensional features, such as the shape of
an article, or two-dimensional features, such as patterns, lines or color.
Protection: The owner of a registered industrial design or of a design patent has the right to
prevent third parties from making, selling or importing articles bearing or embodying a
design which is a copy, or substantially a copy, of the protected design, when such acts are
undertaken for commercial purposes. In most countries, an industrial design needs to be
registered in order to be protected under industrial design law as a registered design. In
some countries, industrial designs are protected under patent law as design patents .
Registration is not must for protection; however, it is mandatory for taking action against
infringement.
Products which can benefit: Industrial designs are applied to a wide variety of products of
industry and handicraft items: from packages and containers to furnishing and household
goods, from lighting equipment to jewellery, and from electronic devices to textiles.
Industrial designs may also be relevant to graphic symbols, graphical user interfaces and
logos.
Legislation: The existing legislation on industrial designs in India is contained in the New
Designs Act, 2000 and this Act will serve its purpose well in the rapid changes in technology
and international developments. The present legislation is aligned with the changed technical

and commercial scenario and made to conform to international trends in design

administration.
Tenure: It is initially ten years from the date of registration, but in cases where claim to
priority has been allowed the duration is ten years from the priority date.

GEOGRAPHICAL INDICATIONS
It is a sign used on products that have a specific geographical origin and possess qualities or a
reputation that are due to that origin. In order to function as a GI, a sign must identify a
product as originating in a given place. The qualities, characteristics or reputation of the
product should be essentially due to the place of origin. Since the qualities depend on the
geographical place of production, there is a clear link between the product and its original
place of production.
Protection: A geographical indication right enables those who have the right to use the
indication to prevent its use by a third party whose product does not conform to the
applicable standards. For example, in the jurisdictions in which the Darjeeling geographical
indication is protected, producers of Darjeeling tea can exclude use of the term Darjeeling
for tea not grown in their tea gardens or not produced according to the standards set out in the
code of practice for the geographical indication.
However, a protected geographical indication does not enable the holder to prevent someone
from making a product using the same techniques as those set out in the standards for that
indication. Protection for a geographical indication is usually obtained by acquiring a right
over the sign that constitutes the indication.
Type of Products for which geographical indications can used: Geographical indications
are typically used for agricultural products, foodstuffs, wine and spirit drinks, handicrafts,
and industrial products.
Legislation : The Geographical Indications of Goods (Registration & Protection)Act, 1999
Tenure: The registration of a GI shall be for a period of ten years but may be renewed from
time to time for an unlimited period by payment of the renewal fees.
Infringement, misappropriation, and enforcement
Violation of intellectual property rights, called infringement with respect to patents,
copyright, and trademarks, and misappropriation with respect to trade secrets, may be a
breach of civil law or criminal law, depending on the type of intellectual property involved,
jurisdiction, and the nature of the action.