Intellectual Property Law
Intellectual Property Law is the protection given to the immaterial products of a man’s brain may be as valuable as his land or his goods. Therefore its nature is of Intangible incorporate property.
It is enacted to encourage people with new inventions. The idea behind is to make the inventor to disclose his invention or otherwise he may work it secretly.
It gives bundle of rights in relation to the object created by the owner. It gives proprietary rights & the unauthorized use of it by other person is a violation of his ownership.
The following are considered main Acts under the IPR :
Patents Act, 1970:
It gives exclusive right to the owner of the invention. The invention may be a new product or an improvement of an existing product or a new process of manufacturing. the prerequisites to grant the patent are: novelty , non-obviousness.
Duration : 20 years, after expiry, the details of the product are disclosed for public use.
Trademarks Act, 1999:
It consists of word, name, device or get- up used in relation to particular goods to indicate the source of manufacture or trade origin of the goods.
The rights are granted when it is registered. When unregistered the right to protection of the goodwill provided the owner uses the mark lawfully & if there is any violation of rights then it is termed as Passing Off.
Duration: 20 years.
Copyright Act, 1957:
It relates to original literary, dramatic, musical & artistic works, cinematograph films & sound recordings.
Duration : 60 years.
Know- How & Confidential Information:
The Information can be protected only so long as the owner is able to keep them secret and takes action against unlawful use of such information by others by an action for breach of confidence or contract.
Designs Act, 2000: It relates to the non- functional appearance of a product which appeals solely to the eye.
Duration : 15 years, on expiry anybody can use the design.
Geographical Indications: It identifies the goods as agricultural goods, natural goods or manufactural goods as originating or manufactured in the territory of a country or region or locality.
IPR are enforced by an action for infringement of those rights before a District or High Court. Criminal prosecution is also possible in trademark and copyright.
It has gained international recognition because of various conventions which not only gives protection in India but also in other conventional countries.
Author : Pradnya Pahurkar [lawyer]