IPRs different forms Intellectual property rights (IPRs) These are the rights provided to owners and creators of goods and services to enable them enjoy all benefits legally. It protects their business interests. Today every country is having IPR laws. The World Intellectual Property Organisation (WIPO) is the global body that deals with IPRs. The concept of IPR has its roots in the Paris Convention for the protection of industrial property in 1883 and the “Berne convention for the protection of literary and artistic works” in These two treaties come under the purview of the WIPO.

The WIPO convention enlists the following activities which are dealt by IPRs:  Industrial designs.  Scientific discoveries.  Protection against unfair competition.  Literary, artistic and scientific works.

 Inventions in all fields of human endeavour.  Performances of performing artists, photograph and broadcasts.  Trade marks, service marks and commercial names and designations.  All other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields.

Types of IPRs Copy rights  These rights are conferred on the authors of literary works, performing arts such as drama, music, painting etc.  Copy right provides immunity against abuse or misuse of the original works of the owners but in no way excludes others from working on similar works.  A person may write an article or scientific paper on a certain topic or work. This work can only be quoted with due credit but cannot be copied and used by others.

 If I write and publish an article on economics of carp culture, you can’t copy it. But you can write and publish your original work on this topic.  The symbol © is used to indicate copy right. The copy right usually covers the life period of an author or owner and could cover a certain period say 50 years or more after death also.

Indian Copy Right Act, 1957  The act enables copy right owners use it as they like and prevents its misuse by others.  It has identified art work, plays, shows, movies, various types of music, sound and songs, books, manuscripts, written work and all types of images, photos, pictures, drawings, graphics, etc. as the different forms of expression that could be provided with copy right.

Copy right registration  In accordance with the Indian Copy Right Act, 1957, the Department of Education in the Government of India maintains the Register of Copy Rights.  Owners of works or products seeking copy right should register with the Government of India paying prescribed fees after which they will be entered in the Register of Copy Rights.

 Both published and unpublished works could be registered.  In case of unpublished works, registered as unpublished works, they can be registered after publication as published works.  There is a well-laid procedure for obtaining copy right.

A copy right enables its owner to: i. Use, reuse, reproduce or distribute. ii. Import or export whole or part of work. iii. Demonstrate it openly to all. iv. Pass on or sell the rights to another person. v. Disseminate it over radio or video or other mass media.

 The Copyright Enforcement Advisory Council (CEAC) is the apex body established by the Government of India to deal with all issues relating to copyrights. It is a quasi-legal body and is headed by a chairman of the cadre of High Court Judge.  There are copyright societies in India looking into specific issues raised by their members.

Patent – History in India  The history of patents in India began by the act VI of 1856 which was subsequently repealed by the act IX of 1857 as the former act lacked approval of the British crown.  To provide “exclusive privileges”, the act XV of 1858 was introduced which was based on the United Kingdom Act of It was consolidated and renamed as “The Patterns and Designs Protection Act” under act XIII of 1872.

 It was amended by the act XVI of All these acts were replaced by “The Indian Patents and Designs Act, 1911” (Act II of 1977). Under this Act the Controller of Patents was identified to administer patent process and all aspects relation to it. It underwent modifications in 1920, 1930 and  A committee under the chairmanship of Dr. Bakshi Tek Chand, a retired Judge of Lahore High Court, was formed to suggest measures for revision of the patent laws to suit the interests of Independent India.

 Based on the recommendations of this committee, the 1911 act was amended in 1950 (Act XXXII of 1950). Again in 1957, another committee under Justice N. Rajagopala Iyengar was set up to suggest further revisions needed and its recommendations led to the Patents Bill,  Later, the Patents Act, 1970 was passed and brought into force with effect from 1972 through patent rules, This act existed for 24 years and underwent amendments in 1994, 1995, 2003 and 2004.

 It was replaced by the Patents (Amondment) Act, 2005 (act 15 of 2005) and followed from onwards.  Now, the Controller General of Patents, Designs and Trademarks, Department of Industrial Policy and Promotions, Ministry of Commerce and Industry of the Government of India deals will all IPR issues.

Patent According to one definition, “A patent is a statutory right for an invention granted for a limited period of time to the patentee by the Government, in exchange of full disclosure of his invention for excluding others, from making, using, selling, importing the patented product or process for producing that product for these purpose without his or her consent”. ( )

 A patent is valid in a particular country only. A patent granted in India is valid within India.  However, with a valid patent in India, patents for the same product or process or work could be obtained by filing applications in other countries also.  A patent valid globally cannot be granted by a single country.  However, it is possible to file an international application under the Patent Cooperation Treaty (PCT) in India at the Receiving Offices (ROs) of the Controller General of Patents, Designs and Trademarks, Union Ministry of Commerce and Industry located at Kolkata, Delhi, Chennai and Mumbai.

Designs The Designs Act, 2000 of the Government of India defined designs as follows:  Design means only the features of shape, configuration, pattern, ornament or core position of lines or colours applied to any article whether in 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 of construction or anything which is in substance a more mechanical device, and does not include any trade mark as defined in clause (V) of sub-section (1) of section 2 of the Trade and Merchandise Marks Act, 1958 or property mark as defined in section 479 of the Indian Penal Code or any artistic work as defined in clause © of section 2 of the Copy Right Act, 1957.

 The design should be registered with the Controller General of Patents, Designs and Trade Marks of the Government of India for protection and other related benefits.  When he accepts an application for design registration, he also issues a certificate of registration to the proprietor of the design. He maintains the Register of Designs where in each accepted design is entered.

 After this, the proprietor of the accepted design will have its copyright for 10 years from the date of registration. It can be renewed before the expiry of the 10-year copy right period for another 5 years.  A registered design cannot be pirated and doing so is legally punishable.

Trade marks  The basic rule contained in article 15 of the WTO defined trade mark as any sign, or any combination of signs, capable of distinguishing the goods and services of one undertaking, must be eligible for registration as a trade mark, provided that it is visually perceptible.  Such signs, in particular words including personal names, letters, numerals, figurative elements, and combination of colours as well as any combination of such signs, must be eligible for registration as trademarks.

 In order to approve a trademark sought, distinctiveness and use are important criteria adopted.  Trade mark accords exclusive rights in its use effectively preventing third parties from using it without permission.  Approved trademarks which are not used for three years without a valid reason could lapse.  The TRIPS agreement stipulates that the nature of the goods or services to which a trademark is to be applied shall form an obstacle to registration of the trademark.

 Further, it says that members shall publish each trademark either before it is registered or afterwards promptly.  Article 18 of the TRIPS agreement says that initial registration and each renewal of the registration, of a trademark shall be for a term of not less than seven years. The registration of a trademark shall be renewable indefinitely.

Geographical indications (GIs)  The TRIPS agreement defines Geographical Indications as indications which identify a good as originating in the territory of a member (country) or region or locality in that territory where a given quality, reputation or other characteristics of the good is essentially attributable to its geographical origin (Article 22.1).  According to this definition, a good is qualified as an indication based on its characteristics, quality, reputation or other characteristics due to a particular geographical location.

 Some well known examples of the Geographical Indications in India are Basmatic Rice, Benares Sarees, Kancheepuram Silk Sarees, Mysore Silk Sarees, Thirubuvanam Silk Sarees, Tirunelveli Halwa, Tuticorin Macroon, etc.