INTELLECTUAL PROPERTY RIGHTS REGISTRATION
What is Intellectual Property?
Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.
IP is protected in law by, for example, patents, copyright and trademarks, which enable people to earn recognition or financial benefit from what they invent or create. By striking the right balance between the interests of innovators and the wider public interest, the IP system aims to foster an environment in which creativity and innovation can flourish.
Types of Intellectual Properties in India Patna Bihar Jharkhand:
Patent:
Definition and significance :
- A patent is granted for an invention which is “a new product or process, that meets conditions of novelty, non-obviousness and industrial use. Inventive step is the feature(s) of the invention that involves technical advance as compared to existing knowledge and that makes the invention not obvious to a person skilled in the art. Industrial use means that the invention is capable of being made or used in an industry.
Ministry administering the IPR:
- Department of Industrial Policy and Promotion,
- Ministry of Commerce & Industry
Concerned IP Act :
- The Patents Act, 1970 (as amended in 2005)
Design:
Definition and significance :
- A design refers only to the features of shape, configuration, pattern, ornamentation, composition of colour or line or a combination thereof, applied to any article, whether two or three dimensional or in both forms by any industrial process or means which, in the finished article, appeal to and are judged solely by the eye.
Ministry administering the IPR :
- Department of Industrial Policy and Promotion
- Ministry of Commerce & Industry
Concerned IP Act :
- Designs Act 2000
Trade Mark:
Definition and significance :
- A Trade Mark can be a device, brand, heading, label ticket name, packaging, sign, word, letter, number, drawing, picture, emblem, colour or combination of colours, shape of goods, signature or a combination thereof.
- A trademark means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one undertaking from those of other undertakings, shall be capable of constituting a trademark.
Ministry administering the IPR :
- Department of Industrial Policy and Promotion
- Ministry of Commerce & Industry
Concerned IP Act :
- Trade Marks Act 1999 (as amended in 2010)
Geographical Indications:
Definition and significance :
- A geographical indication identifies agricultural or natural or manufactured goods as originating or manufactured in the territory of a country or region or locality in that territory, where a given quality, reputation or other characteristic of such goods is essentially attributable to its geographical origin and in case where such goods are manufactured goods one of the activities of either. The production or of processing of preparation of the goods concerned takes place in such territory, region, or locality as the case may be.
Ministry administering the IPR :
- Department of Industrial Policy and Promotion
- Ministry of Commerce & Industry
Concerned IP Act :
- The Geographical Indications of Goods (Registration & Protection) Act, 1999
Copyright:
Definition and significance :
- Copyright is a right given by the law to creators of literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings. In fact, it is a bundle of rights including, inter alia, rights of reproduction, communication to the public, adaptation and translation of the work.
Ministry administering the IPR :
- Ministry of Human Resource Development The Copyright Act, 1957
Concerned IP Act :
- The Copyright Act, 1957 (as amended)
Plant Variety protection:
Definition and significance :
- Protection granted for plant varieties, the rights of farmers and plant breeders and to encourage the development of new varieties of plants.
Ministry administering the IPR :
- Department of Agriculture and Cooperation
- Ministry of Agriculture
Concerned IP Act :
- The Protection of Plant Varieties and Farmers’ Rights (PPV&FR) Act, 2001
Semiconductor Integrated Circuits Layout-Design:
Definition and significance :
- The aim of the Semiconductor Integrated Circuits Layout-Design Act 2000 is to provide protection of Intellectual Property Right (IPR) in the area of Semiconductor
- Integrated Circuit Layout Designs and for matters connected therewith or incidental thereto.
Ministry administering the IPR :
- Department of Electronics and Information Technology
- Ministry of Communications and Information Technology
Concerned IP Act :
- Semiconductor Integrated Circuits Layout-Design Act, 2000
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Article written and compiled by: ACS Prince Kunal
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