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:
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.
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?
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.
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.
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.
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
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.
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