EVOLUTION OF IPR
All kinds of patents, copyright and trademark are intellectual property rights.
Many brands overlook the protection of their intellectual property in the same way they protect their physical assets. Without the protection of ideas, business and individuals cannot reap the full benefits of their innovation.
There’s a long history of the Intellectual Property, which is way complex but, also fascinating. It is traced all the way to 500 BCE, when Sybaris, a Greek State made it possible for the citizens of their state, to obtain a patent for one year, for “any new refinement in luxury”. Since, then we can conclude that Patent, Copyright and Trademark laws have become more complicated over the centuries but, the intent remains the same.
The laws and legislation procedures relating to the IPR have their roots in Europe. The trend of Patents started in the 14th Century; they were technologically less advanced than England. However, the first ever known Copyrights appeared to be in Italy where, Venice was considered the cradle of Intellectual Property systems. While, the Patents are about 150 years old concept, as first introduction was based on, the British Patent System. To foster creativity and to ensure the possibility for the inventor to make benefits of their creativity.
In the year 1856 in India Patent Act was introduced which remained in force for more than 50 years which was later modified and revised and was called “The Indian Patents and Designs Act,1911”. A complete bill on patent rights was enacted after Independence in the year 1970 and was called “The Patents Act, 1970”. In India, copyrights were regulated under the Copyright Act,1957; trademarks under Trade and Merchandise Marks Act 1958; patents under Patents Act,1970; and designs under Designs Act, 1911.
Intellectual property rights are further divided processing its own significance. Patent, industrial designs, trade marks, copy rights, geographical indications are the types of IPR.
Patent
Patent is the exclusive right for an intervention provided by the law for a limited time to the patentee and able to control the making, using, selling or importing of the patented product. Patent protection means that the invention cannot be commercially made, used, distributed or sold without the patent owner’s consent. Only the owner has the right to decide who may or may not use the patented invention for the period in which the invention is protected. Patent is designed to protect the rights of inventors of novel ideas. In this way, patents provide not only protection for the owner but valuable information and inspiration for future generations of researchers and inventors. Its validity lasts for 20years and is governed under, The Patent Act, 1970. Technologies, medical devices are few of its examples.
Industrial designs
It is an ornamental aspect of article and it refers to compositions of colors or lines which give a three-dimensional look to a handcraft or product. It increases the sales of the products or services and boosts customer loyalty. The main objective of industrial design is to identify a market opportunity. To identify the problem faced and to resolve it. In order to get the right way of protection of Industrial design, the design has to be registered before the design registry.
Trademark
It is a visual symbol which may be a word, signature, name, device, label, numerals or combination of colours used by enterprise on goods or services. This is a brand element which distinguishes from those of your competitors and other traders. The symbol ® means that the trade mark has been registered at the intellectual property office (IPO), it is a clear statement of ownership indicating that the rights are legally held. Trademark is designed to protect unique symbols and marks used for a product. The initial term of registration is for 10 years thereafter it may be renewed from time to time and is governed by, The Trademark Act, 1999. Example: TATA, Subway.
.png)
Copyrights
It is the right given by the law of creators of literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings. Here, the protection is automatically granted to the author for their original, creative or their intellectual work. Creators often sell the rights to their works of individuals or companies best able to market the works in return for payment. It is designed to protect artists who create their own original work and is valid for 60 years. The copyright activity is governed by the copyright act, 1999. Example: Microsoft Windows
Geographical indications
GI are signs used on goods that have a specific Geographical origin and possess qualities or a reputation that are that place of origin. Agricultural products typically have qualities that derive from their place of production and are influenced by specific local factors, such as climate and soil. Geographical indications are words that identify a product originating from a particular place. Place of origin may be a village or town, a region or a country. It is an exclusive right given to a particular community hence the benefits of its registration are shared by the all members of the community, for example: Guntur mirchi, lonavala chikki, Hyderabad biryani etc. It is important that the product derives its qualities and reputation from that place. The agreement of intellectual property rights sets out international rules that apply to these terms.
Comments
Post a Comment