Intellectual Property Rights


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Intellectual Property By Exponent-Attorneys At Law For Rachana Foundation © All rights reserved


Jay: Hey hi Tina! How are you? Why are you looking so upset? Tina : Hey Jay! our classmate Geeta , stole the song that I had written, I had put in so much efforts on the lyrics of that song. Jay : No worries Tina! The song you wrote using your intellect is your creation. You therefore have Copyright on your lyrics . Tina : What do you mean by Copyright? Jay : Copyright is a form of Intellectual property right. Wait! I know a person who can tell us about Intellectual property better than me! Rachana: Hello Jay! What made you call me here? Jay : Hello Rachana! M eet my friend Tina . Can you please tell us about intellectual property rights?


Rachana: Sure! we all own some or the other forms of property like Car, house, building etc. These are all tangible properties. By tangible I mean, they can be physically seen and felt. I will explain in detail about these Intellectual property rights. As your ownership rights in respect of a tangible property are protected through the laws related to lands, your rights in respect of Intellectual property are protected by Intellectual proper rights. Intellectual property on the other hand is an intangible form of property, which cannot be seen physically.


Intellectual property rights Intellectual property Rights are the rights associated with the creations of the mind, such as: inventions; literary and artistic works; designs; and symbols; names and images used in commerce.   Your mind is your intellect, which is constantly giving you new ideas, using which you develop new things. If you don’t want anyone to steal or copy them, then you need to protect your intellectual creations; they are your property. Intellectual property is classified into two types Industrial property is further classified as Trademarks Patents Designs Geographical Indications Copyrights Industrial Property


Rachana : Now friends! I will tell you about copyrights ! Copyrights When a person creates a book, movie, painting, photographs, sculptures, works of architecture, music, plays, and stage performances etc he becomes the owner of his creation. Copyright is a form of Intellectual property. It is a right given by the law to creators of original Literary , dramatic, musical and artistic works; Cinematograph films; and Sound recordings to protect their work from unauthorized uses. Jay: So Rachana, Can all original works be copyrighted ? Rachana: No ! creations like ideas, facts, phrases, recipes, words, or mathematical formulae cannot be copyrighted. In India copyrights are protected under the Copyright Act of 1957.


However, balance is maintained between the rights of the copyright owners and the interests of the society, by exempting some works from the operation of copyrights for social purposes such as education, religious ceremonies etc. Jay: But why should the creations be protected? If all literary works are protected , how can we students afford the prices and gain knowledge? Jay : Oh, that’s good. But, What if someone’s work gets copied without their knowledge? Rachana : It amounts to infringement. You can not make copies for sale or hire without the permission of the author. Jay: But Rachana, Who is an author? Rachana : No. Jay its not that. Works are protected to encourage and reward creativity, which induces the authors to create more, and motivates others to create, which induces an intellectually evolved society.


Rachana : The author is: In the case of a literary or dramatic work, the person who creates the work. In the case of a musical work, the composer. In the case of a cinematograph film, and sound recording, the producer. In the case of a photograph, the photographer. In the case of a computer generated work, the person who causes the work to be created. Jay : How can we protect copyright? Rachana: Acquisition of copyright is automatic. However, registration of copyright serves as prima facie   evidence in a court of law with reference to dispute relating to ownership of copyright. Jay: Oh! Now I get it, but for how long can copyright be protected? Rachana: The general rule is that copyright lasts for 60 years. Jay: You told me about copyright infringement, are there any remedies against it? Rachana: A copyright owner can take legal action against the infringer .


Industrial property means the property which has an industrial application. It includes: Rachana : We will now move on to the next type of Intellectual property, The Industrial Property. Industrial Property


Trademarks commonly known as ‘Brands’, are basically the marks which are used to distinguish the goods or services of one undertaking from those of the other. These Marks can be in the form of a device, brand, heading, label, ticket, name, signature, word, letter, number, shape of goods, packaging or combination of colours etc . Rachana : let me explain you about trademarks! Trademarks are protected in India under The Trade Marks Act, 1999 Types of Trademarks Trademark Service mark Certification Mark Collective mark TRADEMARKS


Rachana : Hey Jay! The shoes that you are wearing, are Lee Cooper’s; right? So what is that? Jay: I know what you are hinting at! Lee Cooper is the trademark. I have very well got the meaning of a trademark. Rachana : Right! Here are some more examples of trademarks! CocaCola , intel, Google, IBM, Virgin, Pepsi all these are trademarks.


An invention must be: Novel Involve an Inventive Step Have an Industrial application Rachana: N ow, let me tell you about the next form of Intellectual property, Patents! In India patents are governed by the Indian Patent Act 1970. Patents are the exclusive rights given to an inventor over his invention. These exclusive rights allow an inventor to make, use or sell or to deal with such invention as he wants. Jay: Rachana! I have created a machine for purifying the bacterial water. Can I patent it? Rachana : Of course it is an invention! you can patent it; but there are some criteria for obtaining a patent PATENTS


Rachana : Jay! One of my friend’s daughter named Deepika Kurup , also had developed a Solar-Powered Water Purification System, which can cheaply and easily purify water containing harmful bacteria . Rachana : That we need to check. Remember! I told you that one of the criteria for obtaining patent is, your invention should be novel. If your invention matches with Deepika’s or anybody else’s invention, then your invention can not be patented as it lacks novelty. Jay: Is it so! That means I cannot get a patent for my invention? Jay : I didn’t know all this!


Industrial Design   A design can be registered if it is: new or original Not disclosed to the public Standing out from other known designs Appealing to eye when applied to an article. An industrial Design is the ornamental or attractive aspect of an article produced by the industry. It could be the feature of a shape, configuration, pattern, or composition of lines or colours applied to any article, whether in two or three dimensional (or both) forms. An industrial design makes an article more appealing and enhances its quality .   Rachana : I am sure, you have got some idea about patents! So lets go to next form of Intellectual property, Industrial Designs. Few examples of Industrial designs are designs of watches, jewelry, house wares, electrical appliances, vehicles, women accessories etc. All these items we use in our daily life and appreciate for their exclusive look design. Designs in India are protected by The Designs Act, 2000. Watch design


Rachana: Guys! Lets make this learning more interesting! I will show you few images and you tell me where all you can spot industrial designs. Jay : I can spot easily. Tina! you keep guessing! Sofa’s, Chair, lamp, book shelf; all are industrial designs! Tina: No need to brag Jay! But Rachana, I am sure we are now very clear about what these industrial designs actually mean. You made it so easier for us to understand.


Geographical indications convey an assurance of quality and distinctiveness; which is essentially attributable to the fact of its origin in that defined geographical locality, region or country. Rachana : I am glad friends! You liked the small game! Lets proceed to the next form of Intellectual property, i.e Geographical Indication. It is an indication that a product has originated from a particular country or place; and that product is having all the characteristics, which are attributed to that place of origin. Channapatna toys & doll Nashik Grapes Paithani Saree Geographical Indications (GI ) Tina: Wow!! That was quite a piece of information. But why should we protect our Intellectual Property. Is there any benefit?


Rachana : Yes. Y ou do get benefited . Intellectual property rights not only protect your Intellectual property but also add value to it.You can sell or licence your Intellectual property and thereby make money. Tina: Wow!!! That’s great!! So I have already got a way to buy a brand new scooty!!! Tina : But Rachana, what if some one copies our work. Rachana : If any one, like your friend Geeta; who stole your lyrics, tries to use the intellectual property without the consent of the owner or creator, the owner can take legal action. Tina: Rachana, this was a very informative session, Thank you so much. I will also tell my friends about it! Think -- create -- Invent -- IPRs protect.

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