IPR law in India

IPR law in India

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IPR law in India
IPR law in India

Intellectual property rights are grown in India at a large level since two decades. Before 1990s there were very less awareness about intellectual property rights but after that laws and regulations were strengthened in this area by many countries. When people started understanding about the importance of their intellectual property, many laws and regulations were developed to protect these rights. In India also, a tremendous growth in this area is observed. For protection of IP legislations like- the Copyright Act; the Trade and Merchandise Marks Act; Patents Act and the Designs Act etc. are enacted.

IPR law in India
  • CopyrightCopyright protection in India is available for any literary, dramatic, musical, sound recording and artistic work. For protection of copyright in India The Copyright Act 1957 was enacted. Under this Act author of such literary, dramatic, musical, sound recording and artistic work get register himself. Although even without registration it will be recognised as his own work but it will be beneficial to get registered because such registration acts as legal evidence of his authorship. Infringement of copyright entitles the owner to remedies of injunction, damages and accounts.
IPR law in India

Trade-markA Trade-mark is generally refers to a brand or logo. Trade-mark is a recognizable sign, design, or expression which identifies products or services of a particular source from those of others, although trademarks used to identify services are usually called service marks (Wikipedia). The law relating to registration of trademarks is governed by the Trade and Merchandise Marks Act, 1958. But now it is modernised under Trade Mark Act, 1999. The major changes of this Act are-

  • Earlier only goods and services covered was by the way of registration, but in this Act the infringement has broaden the meaning as it also includes unauthorised use of similar mark or confusingly similar mark where the goods and services which are very similar and create confusion or chance of confusion stands.
  • Even though where the unauthorised use of trademark is made of any well-known trademark of India and the interest of the owner is any way infringed, the action of infringement can be taken against the same.
  • Further, it gave more power to police by authorising them to seize infringing material without any warrant issued.

PatentsA patent is a right granted to an inventor by the federal government that permits the inventor to exclude others from making, selling or using the invention for a period of time. The matter related to patent is covered under the Patents Act, 1970. Generally, the protection related to the patent is provided for the period of 14 years. But for matters of food, chemicals and pharmaceuticals it is recognised for only 7 years. The Patents Act, 1970 has been amended by the Patents (Amendment) Act, 1999 and further The Patents (Second Amendment) Act 20022 recently passed by the Parliament provides protection for new microorganisms         

IPR law in India

Industrial design- Designs like features of shape, configuration, pattern, ornament or composition of lines or colours applied to any ‘article’ whether in two or three-dimensional forms (or both), by an industrial process which appeals to the eye can be registered under The Industrial Design Act, 2000. Copyright in the design under the 2000 Act would be protected for a period of 10 years from the date of registration.

IPR law in India

Geographical indications- To register and protect geographical indicia of goods that originate from or are manufactured in a particular territory, region or even locality, The Geographical Indication of Goods (Registration and Protection) Act, 1999, was enacted. The goods which are protected under this Act includes Agricultural, manufactures or natural goods. These goods are distinct from other similar goods because of their geographical origins. An application can be made for the protection of such geographical indicia by the authority, organisations etc. although even if registration is not obtained then also they will be a rightful user as registration is a protective measure for future use.

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IPR law in India

So, these all are the important laws related to intellectual property rights. There are number of other laws which also play a role in protection of these rights in India.

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