What are the Intellectual Property Rights in India?

There are laws for everything, and there are many legal frameworks to cover all of them regarding intellectual properties.

Intellectual property forms the basis of development. It could be a book, a work of art, a magazine article, a design, or a new skill of doing something. There are various types of intellectual property, but the word property means that it belongs to an individual, whether an individual or an organization. For example, it is intellectual property when a filmmaker makes a film or when a drug company comes up with a new product.

The word property means that it can get protection under the law. It is not the same as the rights we know. If, for example, someone robs your car, you can complain to the police; then it is the duty of the police to return your property and catch the criminal. The same is true of intellectual property. If someone creates a copy of your movie, you can sue that for the same and get a refund under the intellectual property rights in India.

IP rights in India

Thanks to rapid globalization and global economic liberation, the 21st century saw the emergence of the “Mind of Power” as a vital source of wealth in international trade.

Intellectual property laws in India have become an integral part of the Indian business community, whether in the context of new statutes or judicial regulations.

India’s approval of the WTO (World Trade Organization) agreement has paved the way for its compliance with TRIPS (Trade-Related Aspects of Intellectual Property Rights). To explore the Indian property laws, with specified emphasis on amendments submitted by TRIPS, let’s first understand the types of intellectual property rights in India.

Scope of coverage

The types of intellectual property rights in India deal with the following areas of intellectual property:

• Trademarks
• Copyright
• Industrial designs
• Location directions
• Integrated circuit building designs
• Variety of plants
• Information Technology and Cyber ​​Crime
• Data protection
• Patents

Patents are one of the most crucial types of IPR. It is a government license that grants a right or title for a specified period that excludes others from creating, utilizing, or selling an invention.

When individuals or organizations innovate a new way of doing something, they go to the patent office, give them information about the product or process, and protect their property for a fee.

It is just because people invest years and resources in originating something and would like to receive compensation for their efforts. Patents serve as an incentive for the origination of new products and processes and form an integral part of the culture of innovation and growth. Patent protection is only granted for a limited period of around 10 or 20 years.

Trademarks

Among the various types of intellectual property rights, a trademark occupies a crucial position as the unique identifier of a company or product. It represents the brand/company for consumers — ensuring a guarantee of quality and standard.

Protecting intellectual property is vital in trademarks because companies invest much of their time and money in products. The last thing they want is to sell the products or services of other hypocrites using their trademarks, deceive consumers, and lose money and prestige. A trademark may include names, logos, and designs used in packaging or the products themselves.

Infringement of a trademark is a breach of the fundamental rights awarded to the registered owner of the trademark to use the exact. A trademark is declared to be violated by a person who, not being a licensed user, uses an identical/equivalent/deceptively matching mark to the registered trademark without the consent of the registered owner of the trademark.

However, it is appropriate to note that the intellectual property laws in India shield the vested privileges of a primary user against a registered owner based on common law doctrines.

The trademark is originally registered for 10 years, which is estimated from the date of filing of the application and, for convention application, from the date of priority. The registration is essential to get restored within 12 months prior to the date of expiry of the registration, which means 10 years from the date of the application or subsequent renewals.

Copyright

You may encounter the phrase `All Rights Reserved ‘while watching a movie, on a book, or on a DVD. It is just a way to protect the content of a film, a book, or DVD. It shows that the publisher owns the copyright, and no one can copy or use the material in any form without their consent.

Copyright is given to the first work — whether it is a movie, a book, music, computer software, or drawing. There are two aspects of copyright — ethical and economic.

Moral rights give writers the right to be identified as authors of a particular work and oppose it if presented in a distorted or disfigured form. Economic rights are recognized and give the author control over the use of his creation and reap monetary rewards from it.

Industrial Design

Industrial design is the production process of a particular product or article. For example, a furniture company may originate a new way of making a cum-couch and may want to protect it from getting copied by someone else.

In many countries, an industrial design must get registered to receive protection under industrial design law. In some lands, patents may also be doing the work.

Geographical indication

Certain products and specific locations are connected, and manufacturers may seek intellectual property protection to ensure that products from other areas do not misuse this guide.

For example, Basmati rice gets registered with the Indian Department of Commerce as a product with Geographical Indication. This tag belongs only to this variety of rice grown in seven provinces at the foot of the Himalayas.

Conclusion

In India, intellectual property rights are legal rights that govern the use of the human mind. The recognition and protection of these rights are up-to-date, and copyright designs and trademarks are regarded as industrial property.

According to the International Conference on Industrial Protection (Paris Agreement), industrial property protection has patents, used models, trademarks, industrial designs, service marks, trade names, source or origin names, and pressure of unfair competition where copyright, location references, architectural blueprints, and confidential information are included in the industrial property; these become intellectual property.