String of legal right/s available for protection and exploitation of technology, design, secret, logos, labels etc. It is born of intellect and devised by individual out of his own ingenuity. As its tool being information and knowledge it again requires an intellect to exploit and use such property.
It is an intangible property, for it is gained and created of mental labour by putting together information in tangible object that is capable of multiplication at different locations in the world. Intellectual property rights include copyrights, trademarks, patents and trade secrets.
IPR laws in India had a very docile and stagnant existence ever since the related laws were framed. The inadequacies prevalent in the acts were exploited commercially by opportunists all over the world. Cases like the Basmati, Turmeric, and Tamarind sounded warning bells and alerted the IPR community in India to the reality that along with the continuation of our heritage of resources, products and devices a statutory protection and preservation is necessary to prevent their transfer into the hands of other countries.
India signed and ratified in 1996 the TRIPS agreement, which formed part of the WTO. As a signatory, India had to amend its IPR laws in order to adhere to and conform to the minimum standards prescribed. Further as a consequence, the liberalization policy in 1991-1992 had shown rapid industrialization and exposed itself to greater competition, internally and externally.
In this scenario foreign participation and investment came in very quickly. There arose a greater need to protect the native technology thereby not only protecting our intellectual wealth but also promoting and creating intellectual activity.
With the advent of the new IPR world regime India has to now necessarily secure legally its ideas, products and various other works, which fall under the purview of the IPR. An Indian has realized that under the latest concept of intellectual capitalism capital exists no longer in the Banks but in the Minds.
Ownership Rights or Intellectual Property Rights can give the legal right and prevent the unauthorized use of those rights. Thus if a Patent exists for a product or a Trademark exists for a logo or a Copyright for a literary work, infringement of that Patent, Trademark or Copyright, as the case may be, can be prevented.
Intellectual Property Rights have obvious commercial benefits in enabling monopoly to be maintained in particular area of business to the exclusion of the competitors. These rights can also be used to prevent competition from getting too close and help the owner derive income by exploitation either by licensing or sale of those rights.
Apart from the above it also provides the holder the tool for monitoring the activities of the competitors. Published applications, registered designs, logos, literary works etc, give an indication of the technical and the commercial direction the competitor is taking or thinking of taking. Further, since all this material is available for public inspection it is a valuable source of commercial information, which is unavailable elsewhere.
Computer, Software, Floppy disk, CD-ROM and finally the Internet are the technologies of the recent past, may be few decades old. New forms of information are being invented with the help of these technologies. Art forms like, animation, MP3 Music on the net, voice mail, video conferencing on the net etc., are becoming new scientific forms of visualizations, messages and communication. Today, the creation of such forms is the result of an intersection between technology and imagination developed by the mankind.
When software began it was a whole new industry. The resultant product that this industry churned out was totally different from anything ever seen before. A whole new range of system of analysis, control, production, communication and destruction was developed by a coded device called Software. They were subsequently developed, improved and enhanced to meet more complicated and precision operations that give better and accurate results. Then came the internet. Originally developed as a mode of communication in the Pentagon, US, the internet is today available throughout the world. The internet has revolutionized the computer and the communication world like never before. It has wide range of users from professionals, Government, commercial organizations and companies etc. The user can communicate instantaneously by sending e-mail to any remote address in the world, upload and download information from the WWW – World Wide Web. It is estimated that Internet connects over 50 countries across the world and thus has succeeded in integrating the world into a global community.
The world is adopting the Internet and its tools to its convenience; however, there have also been certain concerns about whether the present legal system has the capacity to deal with the problems that have been surfacing on the internet, pertaining to violation of Trademarks and Copyrights.
Before addressing the above issue lets understand what “electronic publishing” means? The term electronic publishing is one of those popular buss words, like IPR, that covers a multitude of things, which are in fact disparate in certain significant ways. Electronic Publishing includes not only on-line publishing but also CD-ROM and other related technologies. The exercise involves the physical transfer from the publisher to the reader of a tangible thing in which the published work is embodied.
The violation of Trademarks and Copyright on the net has become a focus because, the digitalized versions of text, images, sounds etc., can be efficiently distributed. Its easy availability to the public makes it susceptible to copy, manipulate and alter. Unfortunately copying in digital age is faster, cheaper and better than the days gone b The Law relating to IPR in India has undergone major changes in India. This is a clear indication of India s’ compliance with WTO regulations.
Having done so India now presents huge opportunities, better protection, and enforcement to the owners of the Proprietary rights.
WORDICT is a IPR specialist legal Firm in IPR Law, with immense expertise in every aspect of Intellectual Property be it filing and prosecution, oppositions, appeals, protection and remedial injunctions against infringement and passing off. WORDICT also has expertise in valuation and Commercialization of IP.
All in all WORDICT is a one stop junction for all IP needs of a client
Thus works of the Original author posted on the net could be plagiarized for any commercial benefit much faster than the good olden days.
In this scenario serious thought has to be given to the fact that whether the traditional copyright and Trademark laws would be sufficient to protect the owner from online infringements or should there be an invention of new techno legal mechanisms. To manage Intellectual Property Rights in this digital age one has to decide on several issues like-
Today Intellectual Property Rights in the Cyber space need to be catered more, nationally and internationally. In the Cyber Space though the infringement of Patents and Trade Marks occur less frequently, it’s the violation of Copyrights and Trademarks that is a matter of concern for immediate redressal.
Many countries in the World have already realized the fallout of online and internet piracy that is possible in the Information Super Highway and each of these countries has adopted measures to address the reduction and control of such piracy. Some of the emerging assignments are the Green Paper on Copyrights and related rights in Information Super Highway adopted by the European Community and the US White Paper on Intellectual Property. All these measures are being taken with the intent of harmonizing the IP Law with the Technology that is being developed to protect the interests of the Right holders; while at the same time permit the limited and fair use of their works. Apart from this, various countries are seeking to modify the existing laws pertaining to Intellectual Property prevalent with them and as a result of which certain new Copy Rights Treaties are on the anvil.
Patent is the statutory privilege granted by the Government to the inventor or to the person/s deriving the benefit from the inventor for a fixed period, to exclude others from manufacturing, using or selling the patented product or the process involved in the manufacture of Patent. The following propositions are well settled under the Indian Patent law:
|History and Emergency of Trade Mark Act in India||Trade and Merchandise Marks Act, 1958 & Trade Mark Act, 1999 – a Comparative study|
|Registration of Trade Marks||Effects of Registration of a Mark|
|The Trade Mark Registry||Trade Marks Not Registerable|
|What are good Trade Marks?||Search for Proposed Trade Marks|
|Duration and Renewal of Trade Mark||Infringement & Passing off of Trade Marks & Legal Action|
|Model Forms||Schedule IV - Classification|
|Internet Domain names are eligible for being Trademarked|
A Trade Mark can be defined as a visual symbol, a letter device or a label applied to articles or services with a view to indicate to the public the identity of the product and its origin. The function of the trade mark is to give the purchaser or the prospective purchaser the identity of the manufacturer, the origin and the connected quality. The mark indicates to the buyer or the prospective buyer as to what is it that has been given to him or what is being bought by him or what he has all along known or the source with which he is acquainted or what has given him the satisfaction with regard to the make and quality of the product. Trade Mark protection in India can be obtained only when the mark is capable of being distinguished as goods or services of one party from those of other parties.
Section 2(1)(zb) of the Trade Marks Act, 1999, defines “Trade Mark” as a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of the others and may include shape of goods, their packaging and combination of colours.
Section 2(1)(m) of the Trade Marks Act, 1999, defines trade marks as “Mark, includes a device, brand, heading, label, ticket, name, signature, word, letter, shape of goods, packaging or combination of colours or any combination thereof.”
Copyright, the first intellectual property in the world to receive legal recognition, is a unique Intellectual Property right such that it does not fall under the category of Industrial Property. Copyright protection covers areas of work in painting, music, communication, and entertainment and computer software. Copyright subsists in the original works of an author, the work being in any tangible medium of expression. It should be capable of being perceived and being reproduced.
The Copyright Act has been enacted by various countries mainly to check piracy and infringement of the rights of the owner. Under the copyright Act the owner of work is entitled to enjoy his work.
The Copyright Act of 1957 is the primary legislation dealing with protection of Copyrights in India.
Copyright can be defined as exclusive right given by the Law for certain period of time to an author, composer (or his assignee) to print publish and sell copies of the original work in full or in part. In other words it can be defined as an incorporeal right granted to the author or organization of certain literary or Artistic work, whereby the said person, for a special period has the sole and exclusive privilege to multiply copies of the said work.
The law of Copyrights does not protect ideas but deal exclusively with the "expression" of the ideas. Copyright subsists only in material form to which ideas are translated. Thus in copyright there is a limited monopoly, which is "right to prevent copying".
Section 14 of the Copyright Act, 1957, gives a detailed definition of what Copyright means. For the purpose of brevity and easy understanding the definition under the Act is analysed as under: