Know what are Intellectual Property Rights as stated in the Indian law
Trademark & Copyright

Know what are Intellectual Property Rights as stated in the Indian law

The term "creations of mind" are used to describe Intellectual Property (“IP”). It includes works of art and literature, inventions, designs, trademarks, names, and symbols used in business and trade. Intellectual Property Rights (“IPR”) are the legal rights that grant an exclusive right to the inventor, manufacturer, or user of a product for a specific amount of time. Indian laws pertaining to IPR have been unified as a result of the TRIPS Agreement.

IPR is a powerful weapon for safeguarding the inventor's time, money, and effort. By fostering fair competition, industrial expansion, and economic prosperity, IPR influences the economic development of a nation.

The importance of the IP can be traced to the use of stamps on bricks for identification by ancient Roman brickmakers and even further back to the ancient Greek city of Sybaris, where the rulers granted the originator of a delectable dish a one-year cooking monopoly. The development of science, technology, and international trade has undoubtedly resulted in significant changes since then.

Who controls IPR in India?

The Government of India has designated the Department of Industrial Policy & Promotion (DIPP) which was renamed as Department for Promotion of Industry and Internal Trade (“DPIIT”) in 2019 under Ministry of Commerce, as the nodal department to coordinate, direct, and monitor the implementation and future development of IPRs in India.

Types of Intellectual Property Rights?

Lawfully, IP is safeguarded by:

  • Copyright: the legal right to own exclusive reproduction, publishing, and commercial use of a literary or artistic work's form and content.
  • Patents: exclusive rights provided for an invention, that is, a product or a technique that generally gives a fresh approach to a problem or a new technical solution to a current one.
  • Trademark: a distinctive logo, phrase, or term that identifies a particular product. It lawfully distinguishes a good or service from all similar ones.Industrial Design: only safeguards a product's aesthetic appearance or attributes.
  • Geographical Indication: a label applied to products with a particular geographic origin that is known for their unique qualities or good reputation.
  • Trade Secret: are IPR on confidential/sensitive information that can be licensed or sold.

Also read Know About Trademark Registration Process & Advantages

Data Protection

Data protection laws are a set of privacy laws, regulations, and practices designed to reduce the privacy breaches caused by the collection, storage, and sharing of personal data. In general, personal data is any information or data that may be used to identify a specific person and is gathered by a government, private entity, or agency.

Governing Regulations

IPR in India are governed under the following Acts:

  • Trade Marks Act, 1999

Ministry DPIIT, Ministry of Commerce and Industry

One of the main goals of Act is to prevent registered trademarks from being misused or exploited for any economic gain by unauthorized users. A trademark can only be used by the registered owner in India. In 2013, India's entry into the Madrid Protocol was made possible by the Trademark Amendment Act 2010. Additionally, the Act covers the rights of the trademark owner, fines for infringement, remedies for damages, and methods of trademark transfer.

  • The Patents Act, 1970 (amended in 2005)

Ministry DPIIT, Ministry of Commerce and Industry

With the help of the Indian Patent and Designs Act, 1911, patents were first made available to the Indian industry. In 1972, the existing Patents Act, 1970, which updated and consolidated earlier patent laws in India, went into effect. The Patents (Amendment) Act 2005 further revised the Patents Act of 1970 by extending product patent protection to all areas of technology, including food, pharmaceuticals, chemicals, and microorganisms. By offering innovators exclusive rights to their ideas, the main goal of Patent Act is to motivate them to contribute more to their field.

Also Read: How to start a food packaging business?  

  • The Copyright Act, 1957

Ministry DPIIT, Ministry of Commerce and Industry

The Act prevents unlawful uses of original literary, dramatic, musical, and artistic works, cinematographic films, and sound recordings. Copyright safeguards expressions rather than ideas. An idea is free of copyright.

  • The Designs Act, 2000

Ministry – DPIIT, Ministry of Commerce and industry

The Design Act 2000 was passed in order to bring the Design Act into compliance with international law. It is a statute that amends and codifies the existing provisions governing the protection of designs. The primary aim of design registration under the Act is to prevent others from copying new or original designer's work and depriving them of their benefit for coming up with it.

  • The Geographical Indication of Goods (Registration and Protection) Act, 1999

Ministry – DPIIT, Ministry of Commerce and industry

This is a unique Act in India for protecting Geographical Indications (“GI”). India passed the Act to comply with the TRIPS Agreement as a member of the World Trade Organization. Only individuals listed as authorised users or at the very least, those who reside within the designated geographic area are permitted to use the well-known brand name, owing to the GI label.

  • The Protection of Plant Varieties and Farmers Rights Act, 2001

Ministry – Ministry of Agriculture and Farmers Welfare

The Act ensures the formation of a successful system for safeguarding plant varieties, farmers' and plant breeders' rights and promoting the creation of new plant varieties. The development of the country's agriculture will be aided by protecting plant breeders' rights, which will also promote both private and public sector investment in research and development to produce new plant varieties.

Also Read: Copyright Vs Trademark – How They Compare & Contrast  

  • The Information Technology Act, 2000

Ministry: Ministry of Electronics and Information Technology

Digital signatures and electronic records are recognized by the Act, which creates a legal framework for electronic governance. Additionally, it outlines what constitutes cybercrime and the penalties for them. The Act mandated the establishment of a Controller of Certifying Authorities to oversee the issuance of digital signatures. This Act's primary goals are to carry out reliable and legal electronic, digital, and online transactions and to reduce or eliminate cybercrimes.

To conclude, varied forms of intellectual property have different legal protections in India. With judges having a better understanding of IPR rules, India is starting to be recognized as a pro-innovator jurisdiction. Additionally, with a sound legal foundation in place, India has witnessed a sharp rise in the assertion of IP rights by creators.

You may also read How to Draft a Service Agreement?

Know about legal options for non-payment of dues by clients
Any other Legal Issue

Know about legal options for non-payment of dues by clients

In today's highly competitive business landscape, managing relationships between buyers and sellers can be a complex task. However, fostering a strong relationship can yield significant benefits for both parties. Effective communication from the start is crucial for building and maintaining this relationship, as it leads to mutual trust between the buyer and the seller. While the foundation of the buyer-seller relationship is trust, it's important to consider the potential risks involved. Even long-standing business partners can breach this trust, creating challenges that must be carefully managed. 

Also, read The Unique Identity Of A Company Director As Per The Company Law

Create a formal demand.

If you want to file a lawsuit over unpaid bills, you start the procedure by sending a formal demand letter to the defendant, who may be a person, a company, or both. You may make the demand against both the defendant (a company) and the personal guarantee (a person) signed by the defendant (a person).

Your demand letter should include, among other things:

• Determine the nature of the default by the client;

• Determine the amount owed;

• Request payment of all past-due sums by a certain deadline; and

• Inform of potential legal action.

• Inform of potential legal action.

Legal Action

You may take the following legal actions:

Remedies available under civil law:

  • Order 37 of the Civil Procedure Code states that this power is given to the party who wants to recover his money. This decision permits a creditor to file a straightforward lawsuit. After the summons and lawsuit filing, this decision is considered a speedier trial. Only 10 days are given to the defendant to reply to the lawsuit. The court will take the plaintiff's charges as true if the defendant is absent. The plaintiff's case can be effectively defended by the defence by providing evidence and surviving the cross-examination. If the court finds that the defendant did not take the credit, the plaintiff will receive nothing; nevertheless, if the plaintiff can show that the defendant did accept the credit and did not repay it, the plaintiff will receive the awarded damages.
  • The Negotiable Instruments Act of 1881 regulates situations where checks, bills of exchange, and other forms of payment are not honoured. The act has many portions for various instruments. The dishonour of a check due to inadequacy, etc., of money in the account is addressed under Section 138 of the Negotiable Instruments Act. Under Section 138 of the Negotiable Instruments Act, the seller may sue the consumer if any client delays payment via check. A legal notification regarding the bounced check is delivered to the consumer under 138, and if he doesn't respond within 30 days, the seller may file a lawsuit against him under 138 of the NI Act for non-payment of the payment.

Also, read Know All About The Service Agreement.

Remedies under criminal law

  • According to the Indian Penal Code, criminal breach of trust is covered under Section 406: according to Indian Penal Code Section 406. Seller may bring a lawsuit for trust violation. By failing to pay for the goods or services received, the customer has betrayed the seller's confidence, the seller must demonstrate.
  • The cheating is covered under Section 417 of the Indian Penal Code. Cheating between a vendor and a customer or between two persons can take many different forms. Cheaters will be penalised with either type of jail for a time up to a year, a fine, or a combination of the two.
  • The Indian Penal Code's Section 420: This section provides remedy to the victim of fraud. Similar to section 417, this section also addresses cheating. This clause may allow the seller to take legal action if the consumer fails to make a payment.

Initiating CIRP as an Operational Creditor

According to Section 5(20) of the Code, an operational creditor is any person or entity legally owed operational debt and anybody to whom it has been properly assigned or transferred. Financial liabilities connected to the sale of goods or services are classified as operational debt under Section 5(21) of the Code. Obligations due to the Central or State Governments, other authorities, or workers for unpaid salaries, as well as debts owed for the restoration of unpaid wages owed under any legislation, are also included. When a Corporate Debtor fails to pay debts, Operational Creditors may commence the Corporate Insolvency Resolution Process against the Corporate Debtor. The sections and rules have clearly defined the complete procedure and requirement of filing a case before NCLT under the Code for speedy resolutions.



Know About The Patents & Their Various Aspects
Trademark & Copyright

Know About The Patents & Their Various Aspects

Just consider this situation, you have invented a software-based game kit for small children. In the beginning, it was not clear to you, whether others would like this idea. But when one year had passed, you see the demand and love for it increasing.

All of a sudden, you get anxious. You are afraid that somebody else may copy your idea and you are likely to lose your identity. Well, you need not worry that much. Modern times have come a long way when its to do with an individual’s right to his or her invention.

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Well, you have the fullest option to create your own sole ownership over your inventions for a patent, very much as per the Indian laws.

Let us know about this law more in detail:

The Definition Of A Patent

Well, a patent is like a legal document, granted by the government, whether of a state or a nation, as per the local rules & regulations.

It provides an exclusive right to the inventor of a particular thing, and provides him/her the right to make, use and sell his/her creation for a certain period of time.

The fundamental idea of this method is to facilitate the inventors to protect their own creations. The things that can be patented include books, movies, and certain artworks. The above-mentioned items can be patented under the law of copyright. Well, patent law is one part of the larger legal field known as intellectual property, which includes trademark and copyright laws.

Which Are The Inventions That Are Patentable?

For any asset or invention, to qualify for a patent, it must meet the following three basic requirements:

It must be new, novel and very much one of its type. This implies that the invention should be new and it should not have any significant pre-existing record.

It must be very much unique. For instance, if there is an improvement in the prevailing technology, it does not suffice the justification to be patented.

Also, it should be of use to the people and society. It should help the common people and should not support the use of illegal things and it should not be for any immoral purpose.
At the same time, some kinds of inventions (or discoveries), for instance, Isaac Newton’s gravity law or Albert Einstein’s formula about relativity do not qualify for this. To put this aspect straight, no one can obtain a patent on a law of nature or any scientific principle.

The Inventions That Are Non-Patentable

No doubt, the purpose of a patent is to protect the creation of the maker, there are certain things that cannot be really patented.   These things are as per the Indian Law (sections 3 and 5 of the Indian Patents Act, 1970):

If it belongs to a method of agriculture or horticulture.

The process comes under the areas of medicinal, surgical, curative, or other treatment of human being, animals or plants.

An improvement or some new finding that is about nuclear or atomic energy.

The invention of the unique machine, apparatus, or process.

Also read Know About Trademark Registration Process & Advantages

How Can We Get A Patent in India?

In the Indian context, the central content governing the filing and regulation of an existing and new patent is the Patents Act. According to this act, either the inventor, his/her assignee, or his/her lawful representative (suppose the inventor is no more) is eligible to apply for one at the head office of the Indian Patent Office or its various branches, as per the jurisdiction of the applicant.  

Steps for application of Patent

You may apply for a patent yourself or you may take help from a registered agent. The following areas to consider:

Fees for forms and renewals

If you decide to have an agent, then there will be charges for the professional.  

It is more advisable to get a patent through a registered agent. Following are the steps required to apply for a patent:

Step 1: Disclosure of Invention

In the first step, you should show your invention to the professional. This is carried out by signing a non-disclosure agreement.

Tip: You should submit all the known facts related to your invention. Do not hide anything.

Step 2: The Search for Patentability

Typically, a professional takes a fee (which is from Rs 10,000 to Rs 20,000) in this stage. Your professional can carry out a lot of research work for prior evidence in all the possible databases.

Step 3: Deciding to file an application for patent

It’s here that the actual process gets initiated. After carrying out detailed research of any existing history of the invention, you can finally take a call, if you want to go ahead with the filing of the patent application.

Step 4: Drafting of The Patent

Again, you have two options.   You can draft the application yourself or you may hire a professional to do this. In case, you choose to take help, you may need to pay around Rs 20,000 to Rs 30,000.

Step 05: The Patent Application Filing

When you have completed the review of your patent draft and are satisfied with its scope and details, you are all set to file a patent.

You may file the patent application in the prescribed manner with the appropriate forms and fees. Besides, you will have to pay Rs 1,600 or 4,000 or 8,000 (depending on the kind of application) when you submit the application to the patent office. In case, you have not filed for early publication, the patent application is likely to be published get the expiry of 18 months.

Step 6: Examination Request

In this step, the applicant should request the Indian patent office to examine your patent application, within a time frame of just two days (48 hours). The examination fees request may range from Rs 4,000 to Rs 20,000 (which is based on the kind of applicant).

Step 7: Objection Response (if there are any)

In this step, the officers in the patent office thoroughly examine the draft and the report submitted to them. There is a chance that the inventor may communicate his/her novelty or inventive step over any other piece of art while undertaking the assessment. If all the things are cleared and resolved, the patent application will come to action.

Step 8: Patent Grant

If the application fulfills the prescribed requirements, it is kept in order for the grant. Mostly, the final grant of the application is notified through a published journal.

Step 9: Patent Renewal

Usually, a patent is effective for 20 years. Once 20 years are over, the owner needs to renew the patent by paying a small amount.

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