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1.1.introduction To Intellectual Property

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1.1.introduction To Intellectual Property

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swetha1998s
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INTRODUCTION TO INTELLECTUAL PROPERTY

Definition of Intellectual Property

The World Intellectual Property Organization (WIPO) defines intellectual property (IP) as
creations of the mind, such as inventions; literary and artistic works; designs; and symbols,
names and images used in commerce. IP rights protect the interests of creators by giving them
exclusive rights over their creations for a certain period.

An Overview of Intellectual Property in India

The Indian IP regime is governed by various statutes, including:

• The Patents Act, 1970: This Act deals with the granting of patents for inventions. A
patent gives the inventor the exclusive right to prevent others from making, using,
offering for sale, selling or importing the patented invention in India for a period of 20
years from the date of filing of the patent application.

• The Copyright Act, 1957: This Act protects original literary, dramatic, musical and
artistic works, cinematograph films and sound recordings. Copyright gives the owner
the exclusive right to reproduce, distribute, perform, display and adapt the work. The
term of copyright varies depending on the type of work, but generally lasts for the
lifetime of the author plus 60 years.

• The Trade Marks Act, 1999: This Act protects trademarks, which are signs that
distinguish the goods or services of one enterprise from those of others. A trademark
registration gives the owner the exclusive right to use the mark in relation to the goods
or services for which it is registered. A trademark registration is initially valid for 10
years and can be renewed indefinitely for further periods of 10 years each.

• The Designs Act, 2000: This Act protects designs, which are the aesthetic appearance
of a product. A design registration gives the owner the exclusive right to prevent others
from making, using, offering for sale, selling or importing articles bearing the registered
design. A design registration is initially valid for 10 years and can be renewed for one
further period of 5 years.

• The Geographical Indications of Goods (Registration and Protection) Act, 1999:


This Act protects geographical indications (GIs), which are indications that identify a
good as originating in a particular territory, where a given quality, reputation or other
characteristic of the good is essentially attributable to 1 its geographical origin. A GI
registration gives the authorized users the exclusive right to use the GI in relation to the
goods for which it is registered. A GI registration is valid for 10 years and can be
renewed indefinitely for further periods of 10 years each.

• The Protection of Plant Varieties and Farmers' Rights Act, 2001 (PPVFR Act):
This Act provides for the protection of plant varieties, the rights of farmers and plant
breeders, and to encourage the development of new varieties of plants. It establishes a
system for registering new plant varieties and grants exclusive rights to the breeders
of those varieties. The Act also recognizes the rights of farmers to save, use, sow,
resow, exchange, share or sell their farm produce including seed of a variety protected
under the Act.

• The Semiconductor Integrated Circuits Layout-Design Act, 2000: Though not yet
in force, this Act aims to protect the layout-designs (topographies) of semiconductor
integrated circuits. It will grant exclusive rights to the creators of such layout-designs,
preventing others from reproducing or exploiting them without authorization. This
protection will be crucial for the semiconductor industry, fostering innovation and
investment in chip design.

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