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IPR Law in India

Creation of new things is in the hand of people. The invention of new things and giving a new idea, structure, shape and size to a new object is done all by the smart minded people. If they invent something new then it's obvious that they won't want any other person to copy it. As there is competition in every field people tend to copy things and try to do work and earn on someone else idea and creation.

To stop the practice of this a new law came into force known as intellectual property rights. Intellectual Property Rights which means a law which will have certain category by which each and every seller and the manufacture have their own right on the item and the name for their product.

The IPR law further was categories in many different rights for all the purpose. Explaining briefly the existing laws:

Copyright

The name only speaks for this right as it can be clearly understood that a right made for the copy someone else name or something. Copyright protection in India is made available for any kind of work like those of literary, dramatic, musical, sound recording and artistic work. The Copyright Act 1957 provides that such kind of work can get registration under this. In one term it is made that an author's copyright in a work can be easily recognised even without registration, that is the reason it is advice to get the work registered as a first work to do as a evidence of copyright in a court of law.

Infringement of copyright entitles the owner to remedies of injunction, damages and accounts.

Copyright in a literary, dramatic, musical or artistic work (other than a photograph) which is said to be published within the lifetime of the author which is mandatory or can the expiry period is s for fifty years from the lifetime of the author. An Amendment Bill was passed in order for the extension in the term of the copyright period, and presently according to an agreement of TRIPS it is made 25 years to 50 years. The main aim of the amendment was to get the original work relating to satellite broadcasting, computer software and digital technology under copyright protection.

Trade Marks

The law in the relation of trade mark are given order to be governed by the Trade and Merchandise Marks Act, 1958. A new mark of any product, or name or symbol which is different from others can be registered under the laws of Trade Marks. In case of the damage of the trade marks the other statutory which is a legal body remedies of injunction, damages, are available. If the dealer or the owner of the trade mark wants to give the work to someone else than it totally lie in relation to an unregistered mark under certain circumstances.

There is too many complication with this law and in order to simplify obligations under the TRIPS, a new law known as Trade Marks Act, 1999 has been passed out but still it has not came into force as it needs more modification but some of the changes are provided from the new Act.

The major changes are given below:

Definition of a 'mark' which was only made available for few things is now extended to a great variety which include the shape of goods, packaging, and combination of colors of the product.

Service Mark
s which there earlier now it is not to be allowed for registration purpose.

Well Known 'Mark':
this indicates that a product having similar mark which is already in the marked would be treated as copied one and would not be registered as per Trade Marks.
Duration of registration: earlier the duration for registration was 7 years now it has been changed to 10 years.

Multi-class registration applications:
Under this the applicants would be only be eligible to file single application to get the mark registered.

Infringement of a mark:
Any illegal practice relating to mark will be taken more seriously than the previous Act.

Patents

India found out the protection for the safety of the products. The right deals with the area like food, chemical and pharmaceuticals which is subjected for the period of 14 years by the Patents Act, 1970. The Patents Act was of 1999 but after the amendment and signing the agreement of the GATT it changed to Patents Act, 1970 to get along with the Trade TRIPS Agreement. The amended law would allow the filing of all product patents with a regulatory authority. Provision has been granted for Exclusive Marketing Rights (EMRs) for five years or till the patent is granted or rejected whichever is earlier.

Again after a long period of time the Act got amended this time it was The Patent Act 2002 which was passed by the Parliament which will even protect the new micro product and proposes a uniform 20 year term from filing date for all patents granted after commencement of the Act. It also provides for publication of all patent applications within 18 months of filing or priority date, whichever is earlier.

Industrial Design

In the industry many design and the parts of the machine are designed and to protect the design of the same a law was enacted called as The Designs Act, 2000 which protects certain designs. . The Designs Act 2000 brought into force in May 2001 entitles an applicant to apply for registration in more than one class. However, registration is granted for only one class. Furthermore detailed classification of designs has been incorporated conforming to the international regime.

Copyright of the design is termed for the period of 10 years from the date of registration.

Geographical Indication

The Geographical Indication of Goods Act, 1999, was enacted to register and protect geographical indicia of goods that were manufacturing in a particular region or a locality. These goods include agricultural, natural or manufactured goods which have some or the other difference due to the quality, texture, goodwill. Under the Act, such distinctive geographical indicia can be protected by registration. The Act thus facilitates promotion of Indian goods which are exported from India to when exported from India to other countries and also for the betterment of the consumer.

An application for registration of a geographical indication can be made by any authority, organization or association of persons representing the interest of the producers of the concerned goods. Registration would only be given to a person who is a legal registered proprietor, or a duly authorized user, to protect the rights provided under the Act. It may be pointed out however, that non-registration does not mean non-protection of a rightful user. Registration affords better protection in an action for infringement.

The validity of bona fide registration of a geographical indication as a trade mark prior to the coming into force of the Act will not be affected by this enactment and will be treated as valid under the laws relating to trade marks.

Therefore, the rights provided under this IPR law is to protect and provided for the safety of the goods and also for the well being of the consumer.

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