Intellectual Property Law

INTELLECTUAL PROPERTY LAW

Intellectual property (IP) is related to human brain applied for creativity and invention. Various efforts in terms of inputs of manpower, time, energy, skill, money, etc., are required to invent or create something new. As per law, legal rights or monopoly rights are given to creator or innovator to harvest the economic benefits on their invention or creation. These Intellectual property rights (IPR) are territorial rights that can be registered with a legal authority in some presentable or tangible form which can be sold or bought or licensed, similar to physical property. IPR provides a secure environment for investors, scientists, artists, designers, traders etc. to foster innovation and scientific temper. In the present scenario of Globalisation, IPR is the focal point in global trade practices and livelihood across the world. A balanced IPR System is one of the key mechanisms to support country’s innovation and development objectives. The development of any society directly depends on IPR and its policy framework. Lack of IPR awareness results in the death of inventions, high risk of infringement, economic loss and decline of an intellectual era in the country. Classification of Intellectual Property Rights On the basis of type of invention and creation of human mind and their application, the IPRs are classified as follows:

• Patents – A patent 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. Patentability of any invention needs to fulfil certain criteria such as Usefulness, 2 Novelty and Non obviousness. It provides protection for the invention to the owner of the patent for a limited period, i.e., 20 years.


• Trademarks – A trademark is a distinctive sign which identifies certain goods or services as those produced or provided by a specific person or enterprise. It may be one or a combination of words, letters, and numerals.


• Copyright and related rights – Copyright is a legal term describing rights given to creators for their literary and artistic works. Creators often sell the rights to their works to individuals or companies best able to market the works in return for payment. These payments are often made dependent on the actual use of the work, and are then referred to as royalties.


• Geographic indications of source – A Geographical Indication (GI) is a sign used on goods that have a specific geographical origin and possess qualities, reputation or characteristics that are essentially attributable to that place of origin.


• The Geographical Indications of Goods (Registration and Protection) Act 1999 (the Act) provide for registration of Handicrafts as Geographical indications (GI). As on 31 July 2016 1152 GI Authorized user have been registered under the Act for handicraft goods.


• Industrial designs – Industrial designs refer to creative activity which results in the ornamental or formal appearance of a product and ‘design right’ refers to a novel or original design that is accorded to the proprietor of a validly registered design. The existing legislation on industrial designs in India is contained in the New Designs Act, 2000 which aims at enacting a more detailed classification of design to conform to the international system and to take care of the proliferation of design-related activities in various fields.


• Trade Secrets – Broadly speaking, any confidential business information which provides an enterprise a competitive edge may be considered a trade secret. Trade secrets encompass manufacturing or industrial secrets and commercial secrets. The unauthorized use of such information by persons other than the holder is regarded as an unfair practice and a violation of the trade secret. Contrary to patents, trade secrets are protected without registration.


• Semiconductor Integrated Circuit of Layout Designs (SICLD)- All electronic gadgets are very compact nowadays due to their integrated circuits. These designs of circuits are creation of human mind as a consequence of enormous investments and efforts of highly qualified experts. The SICLD Act of 2000 empowers the registered proprietor of the layout-design an inherent right to use the layout-design, commercially exploit it and obtain relief in respect of any infringement.


• Protection of plant varieties & farmer’s rights – The objective of this act is to recognize the role of farmers as cultivators and conservers and the contribution of traditional, rural and tribal communities to the country’s agro-biodiversity by rewarding them for their contribution and to stimulate investment for R & D for the development of new plant varieties to facilitate the growth of the seed industry which will ensure the availability of high quality seeds and planting material to the farmers.


• Protection of Biological Diversity – The Biological Diversity Act covers the traditional knowledge in the preamble itself. It also provides for issues related to traditional knowledge under the umbrella of associated knowledge within various provisions of the Biological Diversity Act, 2002. The benefit claimers are conservers of biological resources, creators and holders of knowledge and information relating to the uses of biological resources.

We have a team of well-qualified and experienced Lawyers and also registered Attorneys under Government of India in IP law who served our clients with the registration of Trademark, Patent and Copyright and also deal with disputes arising there from.