Intellectual property Rights in India

Patents Act, 1970

A patent is described as an invention for which the inventor claims the exclusive right. The term Invention relates to a process or product or both which involves an inventive step and it should be capable of Industrial Application. An invention can be patentable if it is new, useful, not obvious, and pertains to the patentable subject matter. Application for the same has to be filed in order to get the invention patented.

A patent can be obtained for a term of 20 years. Priority is given to the applicant who files for the patent first. The date of the patent is the date of the application for the patent. The applicant has to ensure payment of the patent fee for all years.

Apart from this patent rights are territorial in nature. It is possible that the invention doesn’t get a patent in one country but does in the other one. Same applies to the grant of a patent as well.

Trademark Act, 1999

A Trademark can be a symbol, logo, word, sound, color, design, or other devices that are used to identify a business or a product in commerce.

TM is used as a symbol where the intent is to use an application filed for the product.

SM is used as a symbol where the intent is to use application filed for services.

R (within a circle) is used for Registered Trademarks.

Here also the application has to be filed first for search and then for registration, the examination will be done, advertisement of a trademark will be done, the opposition will be filed and a certificate will be issued pursuant to all the compliance.

The trademark is valid for 10 years and can b renewed further. Service Mark's rights are reserved for 17 years.

Copyright Act, 1957

A Copyright is a right that grants protection to a unique expression of Ideas. The work which is to be copyrighted should be original i.e. it should be originated with the author. Copyright protects the expression of an idea and not the idea itself. Literary works, Films, Dramatics, Musicals, Artistic work, and Sound recordings are covered.

Application has to be filed to obtain the copyright for the work. The copyright lasts for the Author’s lifetime + 50 years from the end of the calendar year in which the author dies, 50 years for films and sound recordings, and 25 years for typographical arrangements of a published edition. It will expire on the 31st of December of the last calendar year of protection.

Infringements:

Any reproduction, use, distribution, performance, etc. of the work without the permission of the owner is an infringement of the owner’s right. Identical or substantial similarity is also covered. A suit can be filed against the same infringement. Punishments are up to 3 years.

Intellectual property is a product of Human Intellect and thus it should be protected by the law.

There are two different forms in which Intellectual Property Laws can be categorized:

1. Literary and Artistic workwhich is regulated by the copyrights law and

2. Industrial Propertywhich can be categorized under various laws, namely:

Patent Law
Trademark Law
Industrial Design Law
Layout Design Law
Geographical Indication Law
Plant Varieties and Farmers Rights Law
Biological Diversity Law

Majorly the following three types are the most essential lot of intellectual property:

Patents Act, 1970

A patent is described as an invention for which the inventor claims the exclusive right. The term Invention relates to a process or product or both which involves an inventive step and it should be capable of Industrial Application. An invention can be patentable if it is new, useful, not obvious, and pertains to the patentable subject matter. Application for the same has to be filed in order to get the invention patented.

A patent can be obtained for a term of 20 years. Priority is given to the applicant who files for the patent first. The date of the patent is the date of the application for the patent. The applicant has to ensure payment of the patent fee for all years.

Apart from this patent rights are territorial in nature. It is possible that the invention doesn’t get a patent in one country but does in the other one. Same applies to the grant of a patent as well.

Trademark Act, 1999

A Trademark can be a symbol, logo, word, sound, color, design, or other devices that are used to identify a business or a product in commerce.

TM is used as a symbol where the intent is to use an application filed for the product.

SM is used as a symbol where the intent is to use application filed for services.

R (within a circle) is used for Registered Trademarks.

Here also the application has to be filed first for search and then for registration, the examination will be done, advertisement of a trademark will be done, the opposition will be filed and a certificate will be issued pursuant to all the compliance.

The trademark is valid for 10 years and can b renewed further. Service Mark's rights are reserved for 17 years.

Copyright Act, 1957

A Copyright is a right that grants protection to a unique expression of Ideas. The work which is to be copyrighted should be original i.e. it should be originated with the author. Copyright protects the expression of an idea and not the idea itself. Literary works, Films, Dramatics, Musicals, Artistic work, and Sound recordings are covered.

Application has to be filed to obtain the copyright for the work. The copyright lasts for the Author’s lifetime + 50 years from the end of the calendar year in which the author dies, 50 years for films and sound recordings, and 25 years for typographical arrangements of a published edition. It will expire on the 31stof December of the last calendar year of protection.

Infringements:

Any reproduction, use, distribution, performance, etc. of the work without the permission of the owner is an infringement of the owner’s right. Identical or substantial similarity is also covered. A suit can be filed against the same infringement. Punishments are up to 3 years.

Advocate Chikirsha Mohanty

4.0 | 2+ user ratings

Greater Kailash - 1, Delhi

5 years

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