UNLOCKING THE MYSTERIES OF INTELLECTUAL PROPERTY

UNLOCKING THE MYSTERIES OF INTELLECTUAL PROPERTY: ESSENTIAL KNOWLEDGE FOR EVERYONE

The term “intellectual property” refers broadly to the creations of human minds, and intellectual property rights protect the interest of creators by providing them property rights over their creations.

Humans have used their knowledge and skill to create innovations that have significantly changed society. These new innovations have shown immense progress and some of them have made life easier. This progress can be seen globally and within individual countries too. Today, the most advance nations are those which are brilliant in innovation. The value of such knowledge is so high now that almost every country has made changes to protect, manage and provide rights to the inventors. When someone uses their knowledge and ideas to create something original or anything not created in the past, that creation becomes their intellectual property. This could be anything from a painting or dance step or a book to a new invention or a piece of music. It is similar to the physical things you own like a car or a house and you have rights over it, similarly intellectual property is something you have rights over because you thought of it and made it into an existence. These rights gives you control how your creation is used, like it provides decision making powers of that innovation i.e. who can copy it or make money from it. It's a way to protect the things that come from your mind and hard work, just like you protect things you can touch and see.

 In the case of ICAI v. Shaunak H. Satya, (2011) 8 SCC 781 Supreme Court held that:

“The term intellectual property refers to a category of intangible rights protecting commercially valuable products of human intellect comprising primarily trade mark, copyright and patent right, as also trade secret rights, publicity rights, moral rights and rights against unfair competition.”

ROLE OF INTELLECTUAL PROPERTY RIGHTS:

1. Intellectual property rights protect the creations and innovations of individuals, ensuring they receive financial benefits and recognition for their work.

2. These rights encourage innovation by providing legal protections and incentives, allowing inventors to benefit from their creations. This fosters investment in research and development, contributing to societal advancements in technology, medicine, and the arts.

3. Strong intellectual property rights attract foreign investments and collaborations, promoting economic growth by creating jobs, increasing exports, and facilitating technology and knowledge transfer.

TYPES OF INTELLECTUAL PROPERTY

India is a member of World Trade Organization, Due to which India is also a part of Trade-related aspect of Intellectual Property Rights Agreement, 1994 and it recognizes the different type of Intellectual property rights, from which some are as follows:

1.     Copyright

2.     Trademark

3.     Geographical indications

4.     Patents

COPYRIGHT:

The rights of authors of art, books, painting, computer programs, movies etc are protected for at least 50 after the death of author or creator. The said rights are under the control of their legal heir.

The Berne Convention, starting in 1886, was the first global agreement to protect copyrights. It's managed by WIPO. It was last amended in year 1979.

Three main rules of the Berne Convention:

1. National treatment: Every country treats works from other member countries the same as it treats its own.

2. Automatic protection: Works are protected as soon as they're created, without needing to register.

3. Independence of protection: Protection in one country is separate from protection in the country where the work was made.

Section 14 of the Copyright Act, 1957 deals with the rights that a copyright owner has in relation to their work. Copyright basically means the exclusive right over certain types of creative works listed in this section 14 of the said act. These rights can be divided into two main categories: economic rights and moral rights:

1.     Economic rights

2.     Moral right

Economic Rights

These are the rights that allow the copyright holder to make money from their work. Here’s what they include:

1. Right to Reproduce: This means you have the exclusive right to make copies of your work. For example, only you can make copies of your book or music.
2. Right to Publish: This allows you to make your work available to the public. So, you can decide when and how your work is shared or sold.
3. Right to Perform: If you created a play or a piece of music, you have the right to perform it in public or allow others to perform it.
4. Right to Store: This means you can save your work in different formats, like digital storage.
5. Right to Take Rental: This gives you the right to rent out copies of your work. For example, renting out DVDs of your movie.
6. Right to Make Translation: You can translate your work into other languages.
7. Right to Make Adaptation: You can change your work to create something new, like turning your book into a movie.
8. Right to Communicate the Work to the Public: This means you can share your work with the public through broadcasts, like on TV or the internet.
9. Resale Share Right: If your artwork is resold, you can get a share of the resale price.

Moral Rights

Moral rights are protections given to authors and performers that ensure they are properly credited and their work is treated with respect. These rights are separate from economic rights and focus on the personal and reputational aspects of the work. They are categorized into two main types:

1. Right to Paternity:

This is the right of the owner, creator that whenever their work is unsed they should be given credits for the same. For instance, whenever their work is mentioned somewhere then the creators name should also be mentioned with it. Eg. Book, Song etc.

1. Right to Integrity:

This right protects the work of the creator from being changed, misused, altered that can harm the reputation of the creator.This right gives surety to the owner that their work is used in respectful manner. Eg. a filmmaker can prevent their movie from being edited in a way that changes its message or meaning.

TRADE MARK

In the case of  Ramdev Food Products (P) Ltd. v. Arvindbhai Rambhai Patel, (2006) 8 SCC 726 supreme court showed the evolution

“The concept of trade marks dates back to ancient times. Even in the Harappan Civilization, marks of trade with foreign countries such as Mesopotamia and Babylonia were found embossed on articles. The law of trade mark was formalized with the process of registration which gave exclusivity to a trader right to deal in goods using a symbol or mark of some sort to distinguish his goods from similar goods sold by other traders. Even today the grant of a trade mark is an indicator of exclusivity in trade under that mark and this right cannot be transferred. Only a limited right of the user can be granted via licence.”

A trademark is a distinctive sign that sets apart the goods and services of one provider from those of another. This distinguishing feature of a trademark carries out several important functions.

Firstly, it enables customers to identify goods based on their quality, thereby promoting consumer choice and confidence. Also, trademarks creates fair competition among enterprises, as they can use their trademark to build and capitalize on goodwill. This goodwill serves as an incentive for business.

Secondly, trademarks reduce the cost and effort for consumers in searching for products, making it easier for them to find and select desired goods and services.

Thirdly, trademarks protect consumers against deception and counterfeit products, ensuring they receive genuine and reliable items.

Functions of a Trademark:

1. Distinguishing Goods and Services: by trademark one can indentify good and services from one person to others.
2. Quality Identification: trademark helps customer to identify their brands product and thereby the quality of the said product too.
3. Promoting Fair Competition: Trademarks encourage enterprises to compete fairly by leveraging the goodwill associated with their brand.
4. Incentivizing Goodwill: Trademarks provide businesses with an incentive to maintain and enhance their reputation.
5. Reducing Consumer Search Costs: Trademarks helps consumers to find and choose products.
6. Protecting Consumers from Deceit: Trademarks safeguard consumers against counterfeit and deceptive products.Property Right Status: Trademarks are also acknowledged as property rights by Indian courts.

GEOGRAPHICAL INDICATIONS

A Geographical Indication (GI) is a label applied to products that have a specific geographical origin and possess qualities, reputation, or characteristics inherent to that location. This label serves as a certification that the product is produced, processed, or prepared in a certain region and adheres to the traditional methods or possesses certain qualities associated with that area.

Importance of GI

1. Protection of Regional Products: GIs help protect regional products from imitation and misuse, ensuring that only those genuinely originating from the specified region can use the name.
2. Economic Benefits: GIs can enhance the economic prosperity of a region by boosting the marketability and premium pricing of its products.
3. Cultural Preservation: By protecting traditional methods and knowledge, GIs contribute to preserving the cultural heritage associated with specific regions.
4. Consumer Trust: GIs provide consumers with assurance about the authenticity and quality of the products they purchase.

GI in India

In India, the Geographical Indications of Goods (Registration and Protection) Act, 1999 governs the registration and protection of GIs. The Act aims to provide legal protection to registered GI products, prevent unauthorized use of the GI by others, and promote economic prosperity for producers of goods in the designated geographical area.

Examples of GI in India

1. Darjeeling Tea: Known for its unique flavor and quality, Darjeeling Tea comes from the Darjeeling district in West Bengal. The specific climatic conditions and soil types of the region contribute to the distinctive characteristics of the tea.

2. Pashmina Shawls: Originating from the Kashmir region, Pashmina Shawls are renowned for their softness, warmth, and intricate weaving. The shawls are made from the fine wool of the Changthangi goat found in the region.

3. Kancheepuram Silk Sarees: These sarees, produced in the Kancheepuram region of Tamil Nadu, are famous for their durability, vibrant colors, and traditional weaving patterns.

4. Mysore Sandalwood Oil: Extracted from sandalwood trees in the Mysore region of Karnataka, this oil is celebrated for its purity and unique fragrance, making it highly sought after in the perfume industry.

5. Alphonso Mangoes: Often referred to as the "King of Mangoes," Alphonso Mangoes from Ratnagiri in Maharashtra are prized for their sweetness, richness, and distinct flavor.

Benefits of GI Protection

1. Prevents Misuse: GI protection ensures that only authorized producers from the designated region can use the GI label, preventing misuse and imitation.
2. Enhances Global Recognition: GIs enhance the global recognition and demand for products, making them more competitive in international markets.
3. Supports Local Economies: GI protection supports local economies by providing producers with a fair return for their products, encouraging sustainable production practices.
4. Promotes Sustainable Development: By encouraging the production of traditional goods, GIs contribute to sustainable development and the preservation of biodiversity in the region.

PATENT

A patent is a form of intellectual property that grants the patent holder exclusive rights to an invention. This invention can be a product or a process that offers a new and inventive way of doing something, or provides a new technical solution to a problem. The rights conferred by a patent allow the inventor to exclude others from making, using, selling, or importing the patented invention without permission for a limited period, typically 20 years from the filing date of the patent application.

Importance of Patents

1. Encourages Innovation: By providing inventors with exclusive rights to their inventions, patents encourage the investment of time and resources into research and development. This, in turn, fosters innovation and technological progress.
2. Economic Benefits: Patents can enhance the market value of a business, attract investors, and generate revenue through licensing agreements or sales of the patented technology.
3. Public Disclosure: In exchange for patent protection, inventors must publicly disclose details of their invention. This disclosure contributes to the body of technical knowledge and can inspire further innovations.
4. Legal Protection: Patents provide inventors with legal protection against unauthorized use of their inventions, enabling them to enforce their rights through legal proceedings if necessary.

Types of Patents

1. Utility Patents: These are granted for new and useful processes, machines, articles of manufacture, or compositions of matter. Utility patents are the most common type and provide broad protection for inventions.
2. Design Patents: These protect new, original, and ornamental designs for articles of manufacture. Design patents cover the appearance of an item rather than its function.
3. Plant Patents: These are granted for new and distinct, invented or discovered asexually reproduced plant varieties, excluding tuber-propagated plants or plants found in an uncultivated state.

Patent Process

1. Patent Search: Before filing a patent application, it is advisable to conduct a patent search to ensure that the invention is novel and has not been previously patented.
2. Filing a Patent Application: A detailed application, including claims defining the scope of the invention, must be filed with the relevant patent office. The application should clearly describe the invention and its usefulness.
3. Examination: The patent office examines the application to ensure it meets all legal requirements, including novelty, non-obviousness, and usefulness.
4. Granting the Patent: If the application meets all criteria, the patent office grants the patent, providing the inventor with exclusive rights to the invention.

Examples of Patents

1. The Telephone: Alexander Graham Bell was awarded a patent for the invention of the telephone in 1876, which revolutionized communication.
2. The Light Bulb: Thomas Edison received a patent for his incandescent light bulb in 1879, significantly advancing electric lighting technology.