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
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 MarksThe 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.
s which there earlier now it is not to be allowed for registration
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 DesignIn 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
Copyright of the design is termed for the period of 10 years from the date of
Geographical IndicationThe 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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