Intellectual Property Rights in India

The Concept of Intellectual Property Rights

The Intellectual Property Rights refers to the legal rights governing the use of creations of the human mind. There are mainly three things that come under this and these are Patents, designs, and trademarks. According to the International Convention for the protection of industrial (Paris convention), the protection of industrial property has as its object patents, utility models, industrial designs, trademarks, service marks, trademark names, indications of source or appellations of origin and the repression of unfair competition when copyrights, Geographical indicators, Layout Designs, and confidential information were included to industrial property, they all become intellectual property.

What does Intellectual Property Rights contain?

The Intellectual Property Rights attained the authority to enforce the law internationally with the trade-related aspects of Intellectual Property Rights (TRIPS) Agreement of the World Trade Organisation (WTO). As per the TRIPS, the intellectual property rights are:

1.) Copyright and Related Rights
a) Rights of artists, painters, musicians sculptors, photographers, and authors for copyright in their works;
b) Rights of computer programmes whether in source or object code for a copyright in their programmes and compilation                data;
c) Rights of performers producers of phonograms and broadcasting organizations in respect of fixation on their programmes for copyright in their work.

2) The right of traders in their trademarks.

3) Right of manufacturers & producers on the geographical indication in relation to such products and produce.

4) The right of designers for their distinctive design striking to the eye.

5) Patents:
a) The right of the inventor for patent is his invention.
b) Rights of plant breeders and farmers.
c) Rights of biological diversity.

6) The right of computer technologist for their layout design of integrated circuits.

7) The right of businessmen for protection of their undisclosed information on technology and management.

Copyright and the list of related rights

The term copyright defines as a person’s exclusive right to reproduce, publish or sell his or her original work of authorship like literary, musical, dramatic, artistic, or architectural work. Here literary work includes computer programmes, tables, and compilations including computer databases. The main objective of copyright registration is not the material thing produced but the form impressed upon it by the maker. Even the picture appear in the abstract sense of the artistic form made by visible by that paint and canvas, belongs to him who made it.

Following are the rights of copyright:

• The Universal Copyright Convention (with Protocols)
• The Geneva Treaty on International Registration of Audio-Visual Works, 1992.
• WIPO Copyright Treaty, 1996
• WIPO Performance and Phonograms Treaty, 1996

Trademark and the list of related rights

The trademark filing is anything that can able to identify the origin of the goods or services. It can be a name, symbol, logo, color, sound etc. Trademark provides the authority to the user to symbolize the value or goodwill associated with the goods and its specific source. It has the capability to distinguish one firm from others. You can use Trademark search to prevent yourself from infringement.

• It helps the consumers to identify products with desirable attributes quickly. With the encouragement, it improves the quality of the product to maintain the good brand image in the market. This will lower the incentive of the firm to make high-quality products as the returns would be the same as that of inferior products.
• Moreover, Trademark registration provides a monopoly over the distinctive trademark in the sense that others are debarred from using the same or a confusingly similar trademark. However, this does not include any kind of welfare loss as its aim is to prevent a similar product but only to prevent the use of similar or deceptive marks with the aim of confusing the consumer.
• Not only this, every trademark has a positive incentive effect that seems the overall economics of trademark protection and the intellectual property law of those marks are non-conflicting.

Patents and the list of Patent Rights

The term Patent in India is a right granted to an inventor by the federal government that permits the inventor to exclude others from making, selling or using the invention for a period of time. The motive to design patent system is to encourage inventions that are unique and useful to society. The power through Congress was given to grant patents in the constitution, and federal statutes and rules govern patents.

Following is the list of patent rights:

• Patent Cooperation Treaty, 1970
• European Patent Convention (with Protocols), 1973
• UPOV International Convention for the Protection of New Varieties of Plants, 1991

 

According to the Trade-related Aspects of Intellectual Property Rights (TRIPS)Agreement of world trade organization, the Protection of Intellectual Properly provided by the following International Conventions shall be given in all Member Countries of WTO:

• The Paris Convention for the Protection of Industrial Property, 1967.
• The Berne Convention for the Protection of Literary and Artistic Works, 1971 along with Appendix.
• The Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations, 1961,
• The World Intellectual Property Organization (WIPO) Convention.

 

For further more information related to Trademark search, Patent search or more you can follow our blog and also go through our website: Legal Raasta. Give us a call at 8750008585 and send your query on Email: contact@legalraasta.com 

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