1. Introduction

1.1 Definition of Intellectual Property Rights

Intellectual property rights (IPR) safeguard human innovation and invention, crucial in the ever-evolving global economy. They grant creators exclusive rights to use, create, sell, or distribute their creations, promoting creativity and financial stability.

1.2 Forms of Intellectual Property Rights in India

(A) Patents:

A patent is an intellectual property right that protects new inventions. It is a special benefit that preserves the inventor's rights while preventing others from using and misappropriating the registered patent.

According to The Patents Act, 1970, a patent is granted for a term of 20 years from the date of filling of the application. It is important to note that patent for a new invention is registered only if the invention is novel and original i.e. it has not been introduced in the public domain in India or anywhere in the world; is capable of industrial application which refers to the ability of the invention to be used in an industry; and is an invention that requires to employ a process of inventive steps, which is defined as a feature of an invention that involves technical advance as compared to the existing knowledge or having economic significance or both and that makes the invention not obvious to a person skilled in the art, under the Patents Act. [1]

The following would not qualify as patents: [2]

• An invention, which is frivolous or which claims anything obvious or contrary to the well established natural law.
• An invention, the primary or intended use of which would be contrary to law or morality or injurious to public health
• A discovery, scientific theory, or mathematical method
• A mere discovery of any new property or new use for a known substance or of the mere use of a known process, machine, or apparatus unless such known process results in a new product or employs at least one new reactant
• A substance obtained by a mere admixture resulting only in the aggregation of the properties of the components thereof or a process for producing such substance
• A mere arrangement or re-arrangement or duplication of a known device each functioning independently of one another in its own way
• A method of agriculture or horticulture
• Any process for the medicinal, surgical, curative, prophylactic diagnostic, therapeutic or other treatment of human beings or any process for a similar treatment of animals to render them free of disease or to increase their economic value or that of their products
• An invention relating to atomic energy
• An invention, which is in effect, is traditional knowledge

(B) Copyright:

Copyright protects original works of authorship, which include literary, artistic, and musical works. This include books, art, music, and software. Copyright gives the creator the exclusive right to copy, share, and exhibit their work.

The copyright protection for published literary, dramatical, and artistic works is extended for 60 years, in addition to the author's lifetime. [3]

Section 13 of the Copyright Act grants protection for original literary, dramatic, musical, artistic works, cinematograph films, sound recordings, and computer programs. [4]

(C) Trademark:

Trademarks protect unique symbols, names, and phrases that distinguish products and services, excluding others from using identical marks and reducing market confusion.

According to the Section 2(zb) of The Trade M ark Act,1999 [5]

trade mark means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include shape of goods, their packaging and combination of colours.

A trademark registration protects a brand's name, logo, sound, form, and distinctly distinguishes goods/services, making the mark unique. It has a 10-year validity period and can be renewed for another 10 years if renewal applications are filed on time. [6]

(D) Designs:

According to Section 2(d) of The Designs Act, 2000

design means only the features of shape, configuration, pattern, ornament or composition 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. [7]

A design is eligible for registration if it is a novel and original innovation, has not been previously produced or reproduced, has not been disclosed to the public in India or outside its jurisdiction, and can be easily distinguished from other known designs.

(E) Geographical Indications:

A geographical indication is a label that identifies goods, such as agricultural, natural, or manufactured goods, as originating or manufactured in a specific country or region. The quality, reputation, or other characteristics of these goods are largely due to their geographical origin.

Geographical indications are used to identify a product as originating from a specific geographic location that has a reputation or quality attributable to that location. Examples include Darjeeling tea or Champagne. Geographical indications provide protection against unauthorized use of the name of a particular product and the use of false or misleading indications of origin. [8]

1.3 Importance of Intellectual Property Rights

• Small and medium enterprises (SMEs) must protect their exclusive goods and services to avoid losing market share and potential customers. Small and medium-sized businesses (SMEs) must preserve their unique products and services to risk losing market share and prospective clients. Intellectual Property Rights (IPRs) assist to protect these ideas, as competitors may steal them in order to gain market share and slow growth.
• The protection of goods and services through Intellectual Property rights encourages people to build and innovate more new products and serve the economy of the country.
• IPR protects founders and manufacturers of intellectual property by allowing them limited rights to govern the use of their products.

2. Conclusion

India has various forms of intellectual property rights, enabling individuals to protect their assets. The country has actively participated in numerous conventions and treaties to ensure international recognition and protection of these rights. The legal and regulatory environment for Intellectual Property Rights protection has undergone amazing advancements, yet issues continue in enforcement and awareness.

Citations

[1] The Patents Act ,1970

[2] Chandra Nath Saha and Sanjib Bhattacharya, Intellectual Property Rights: An Overview and Implications in Pharmaceutical Industry available at https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3217699/ (last visited on January 24, 2024)

[3] The Copyright Act,1957 (Act 14 of 1957) , s. 22

[4] The Copyright Act,1957 (Act 14 of 1957) , s. 13

[5] The Trade Marks Act,1999 (Act 47 of 1999), s. 2(zb)

[6] Tanya Nair, "Types of Intellectual Property Rights in India" available at https://www.lexology.com/library/detail.aspx?g=7045cf52-4a2c-465f-980b-b5af034e2064 (last visited on January 24,2024)

[7] The Designs Act,2000 (Act 16 of 2000) , s. 2(d)

[8] Sanjay Kumar Sha, " Intellectual Property Rights: An Overview and Implications in Indian Markets" available at https://www.legalserviceindia.com/legal/article-10656-intellectual-property-rights-an-overview-and-implications-in-indian-markets.html (last visited on January 24,2024)