How does design registration confer intellectual property protection?

How does design registration confer intellectual property protection?
How does design registration confer intellectual property protection?

The benefits of design registration as IP are that the registration of a design confers upon the registered proprietor the exclusive right to apply a design to the article in the class in which the design has been registered.

A registered proprietor of the design is entitled to protection of his intellectual property. He can sue for infringement, if his right is infringed by any person. He can license or sell his design as legal property for a consideration or royalty.

Intellectual property rights can be defined as the rights given to people over the creations of their minds. They usually give the creator an exclusive right over the use of his/her creations for a certain period of time.

Industrial Design – In a legal sense, an industrial design constitutes the ornamental or aesthetic aspect of an article.

An industrial design may consist of three dimensional features, such as the shape of an article, or two dimensional features, such as patterns, lines or color.

How is copyright protected in India?

How is copyright protected in India?
How is copyright protected in India?

The interesting aspect of copyright protection is that it need not be registered with any authority to be protected under law. Secondly, it protects only the tangible expression of an idea and not an idea itself. This has led to many a litigation to settle the idea-expression dichotomy.

The Indian Copyright Act, 1957 protects original literary, dramatic, musical and artistic works and cinematograph films and sound recordings from unauthorized uses. Unlike the case with patents, copyright protects the expressions and not the ideas.

There is no copyright protection for ideas, procedures, methods of operation or mathematical concepts as such. In India, the duration of copyright for authors is life of the author plus 60 years after his/her death and for cinematograph films and sound recordings 60 years from the year of production. After the death of the owner, the rights pass on to his/her legal heirs.

Do we need to register a copyright?

Do we need to register a copyright?
Do we need to register a copyright?

No. Acquisition of copyright is automatic and it does not require any formality of registration. Copyright comes into existence as soon as a work is created. The office in charge of copyright registration is Copyright Office, 4th Floor, Jeevan Deep Building, Parliament Street, New Delhi 110001.

The Indian copyright law protects literary works, dramatic works, musical works, artistic works, cinematograph films and sound recordings.

Copyright of nationals of countries who are members of the Berne Convention for the Protection of Literary and Artistic Works, Universal Copyright Convention and the TRIPS Agreement are protected in India through the International Copyright Order.

Intellectual property rights can be defined as the rights given to people over the creations of their minds. They usually give the creator an exclusive right over the use of his/her creations for a certain period of time.

Intellectual property rights are traditionally divided into two main categories –

  • Copyright and rights related to copyright
  • Industrial property

How is Geographical Indications distinct from appellation of origin?

How is Geographical Indications distinct from appellation of origin?
How is Geographical Indications distinct from appellation of origin?

A geographical indication is a sign used on goods that have a specific geographical origin and possess qualities or a reputation that are due to that place of origin. Geographical indications may be not only place names but also other names and indicators used to refer to a product.

On the other hand, an appellation of origin is a special kind of geographical indication, used on products that have a specific quality that is exclusively or essentially due to the geographical environment in which the products are produced. Agricultural products typically have qualities that derive from their place of production and are influenced by specific local factors, such as climate and soil. Thus, the concept of appellations of origin is subsumed in that of geographical indication.

Geographical Indications of Goods are defined as that aspect of industrial property which refer to the geographical indication referring to a country or to a place situated therein as being the country or place of origin of that product. Typically, such a name conveys an assurance of quality and distinctiveness which is essentially attributable to the fact of its origin in that defined geographical locality, region or country.

Under Articles 1 (2) and 10 of the Paris Convention for the Protection of Industrial Property, geographical indications are covered as an element of IPRs. They are also covered under Articles 22 to 24 of the Trade Related Aspects of Intellectual Property Rights (TRIPS)  Agreement, which was part of the Agreements concluding the Uruguay Round of GATT negotiations.

India, as a member of the World Trade Organization (WTO), enacted the Geographical Indications of Goods (Registration & Protection)Act, 1999 has come into force with effect from 15th September 2003.

What is a trade secret and how is it protected?

What is a trade secret and how is it protected?
What is a trade secret and how is it protected?

A trade secret is an IPR that is with the holder indefinitely or rather as long as he can keep his secret as a trade secret. To enable an enterprise to keep something as a trade secret, the holder must ensure secrecy agreements with the employees in the business. These can be built into the service contract agreements.

For information to be treated as a trade secret, it is necessary that there should be commercial value associated with the information, that this commercial value would be lost, damaging the commercial interests of the holder of the trade secret and that the holder had taken reasonable care to protect the secret so that its loss would be possible only through an illegal access.

Intellectual property rights can be defined as the rights given to people over the creations of their minds. They usually give the creator an exclusive right over the use of his/her creations for a certain period of time.

 

What are the challenges in negotiations on various IPRs under TRIPS for India?

What are the challenges in negotiations on various IPRs under TRIPS for India?
What are the challenges in negotiations on various IPRs under TRIPS for India?

On almost all the IPRs discussed, negotiations are afoot in various international fora. There is current debate on patenting of life forms, whether access to medicines through Doha declaration has been achieved, etc. Other issues of concern are biodiversity and its link with sui generic systems of plant protection and technology transfer.

There is also debate on whether to extend enhanced protection for geographical indications beyond wines and spirits. Internet access and sharing of electronic files has questioned some of the established rules in copyright. On all these issues India needs to examine world trends and proactively develop informed policy interventions.

IPR – Ipr stands for Intellectual property rights. It can be defined as the rights given to people over the creations of their minds. They usually give the creator an exclusive right over the use of his/her creations for a certain period of time.

What are the challenges in enforcement of IPRs?

What are the challenges in enforcement of IPRs?
What are the challenges in enforcement of IPRs?

Enforcement of IPRs has always been a challenge. In the case of industrial property, the onus is on the holder of the IPR to check for infringement.

In case of copyright and related rights, there are numerous associations e.g. Business Software Alliance and other Alliance of State Broadcasters Associations (NASBA), International Intellectual Property Alliance (IIPA) that promote the cause of copyright holders.

Currently there is enhanced interest as some countries are negotiating an Anticounterfeit Trade Agreement (ACTA) for enforcement of copyright and trademark protection. This is seen by many developing countries as having the potential to bring stringent enforcement of IPR and negotiating TRIPS plus provisions.

Intellectual property rights can be defined as the rights given to people over the creations of their minds. They usually give the creator an exclusive right over the use of his/her creations for a certain period of time. Intellectual property rights are traditionally divided into two main categories –

  • Copyright and rights related to copyright
  • Industrial property.

What is the term of patent?

What is the term of patent?
What is the term of patent?

Term of every patent in India is 20 years from the date of filing of patent application, irrespective of whether it is filed with provisional or complete specification. However, in case of applications filed under PCT the term of 20 years begins from International filing date.

‘Design’ means only the features of shape, configuration, pattern or ornament or composition of lines or colour or combination thereof applied to any article whether two dimensional or three dimensional or in both forms, by any industrial process or means, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye, but does not include any mode or principle or construction or any thing which is in substance a mere mechanical device, and does not include any trade mark, as define in clause (v) of sub-section of Section 2 of the Trade and Merchandise Marks Act, 1958, property mark or artistic works as defined under Section 2(c) of the Copyright Act, 1957.

Is there any fee for filing post-grant opposition?

Is there any fee for filing post-grant opposition?
Is there any fee for filing post-grant opposition?

The post grant opposition has to be filed in the prescribed form 7 along with prescribed fees of Rs.1500 for natural person and Rs.6000 for person other than natural person. The post grant opposition has to be filed by the person interested and not by any other person.

‘Design’ means only the features of shape, configuration, pattern or ornament or composition of lines or colour or combination thereof applied to any article whether two dimensional or three dimensional or in both forms, by any industrial process or means, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye, but does not include any mode or principle or construction or any thing which is in substance a mere mechanical device, and does not include any trade mark, as define in clause (v) of sub-section of Section 2 of the Trade and Merchandise Marks Act, 1958, property mark or artistic works as defined under Section 2(c) of the Copyright Act, 1957.

Is it possible to file international application under Patent Cooperation Treaty (PCT) in India?

Is it possible to file international application under Patent Cooperation Treaty (PCT) in India?
Is it possible to file international application under Patent Cooperation Treaty (PCT) in India?

It is possible to file an international application known as PCT application in India in the Patent Offices located at Kolkata, Chennai, Mumbai and Delhi. All these offices act as Receiving Office (RO) for International application.

‘Design’ means only the features of shape, configuration, pattern or ornament or composition of lines or colour or combination thereof applied to any article whether two dimensional or three dimensional or in both forms, by any industrial process or means, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye, but does not include any mode or principle or construction or any thing which is in substance a mere mechanical device, and does not include any trade mark, as define in clause (v) of sub-section of Section 2 of the Trade and Merchandise Marks Act, 1958, property mark or artistic works as defined under Section 2(c) of the Copyright Act, 1957.