“KNOWLEDGE”
the key driver of the future,it is the pace of identifying oppurtunities
converting ideas into innovations with value creation that will distinguish
winners from loosers ,the ability
to compete in the integrated Global economy will differentiate the
people ,corporates and nations utilisation of knowledge will have a definite
competetive edge ,a key feature will be effective and tactical management
of intellectual assets /property which is defined as ‘an
economical valuable creation of the human mind’
IPR is a package of
those creation that can be bought or sold or leased ,it is a legally enforceable
power to exclude others from the information created it ensures that there
is a balance between the interests of the innovator on the one hand and
the user on the other, it could be broadly divided into---
1. Copyrights and related rights
2. Industrial property rights
COPYRIGHTS AND RELATED RIGHTS
It refers to works in the literary scientific and artistic domain whatever the mode or form of expression and not to ideas, procedures, methods of operation or mathematical concepts as such.
Related rights covers the rights of performing artists, producers of
phonograms and broadcasting organisation
INDUSTRIAL PROPERTY RIGHTS
1. As the protection of distinctive signs in particular
a) Trademarks : it is any sign or a combination of signs
or an combination of signs, capable of distinguishing the good and services
of one undertaking from those of other, it is eligible for registration
provided it is visually perceptible such as signs in particular words including
personal names, letters, numerals figurative elements and any combination
eg. T of Tata,
M of Mc donalds, CocaCola.
b) Geographical indications: identified as indications
which identify a good to a particular place and its quality, reputation
or other characterstics with its geographical origin and is accompanied
by expressions such as "Kind", " Type", "‘Style", "Imitation" like
the, eg. Darjeeling Tea, French Wine.
2 Other types are protected primarily to stimulate innovation, design and the creation of technology.
a) Patents: are the subject matter to any invention whether products or process in all fields of technology, without discriminating or satisfying normal tests of
• Novelty
• Inventiveness
• Industrial Applicabilty
b) Industrial design : refers to the independently created industrial designs that are new or original i.e, the features concerning the look of an article for eg. the shape, ornamentation, pattern, configuration.
c) Layout-Design of integrated circuits : 'Integrated circuits' means a product in its final form or an intermediate form in which at least one of which is an active element and interconnections are integrally formed in and /or on a piece of material intended to perform an electronic function. Example Intel 810 Chipsets
‘Lay out design’ is defined as three dimensional disposition prepared for an ‘Integrated circuit’ intended for manufacturing.
d) Undisclosed information : it relates to secret information which has a commercial value and the person having the possession has taken reasonable steps to keep it secret or it could be defined as the right to prevent the disclosure or acquisition or use of the information without consent of the person possessing it.
A quick glance
Types of IPR | Subject mater | Main fields | Term of Protection |
Patents | New,non-obvious, industrially applicable inventions | Chemicals,drugs,plastics,engines
Turbines,electronics,industrial control,and sceintific equipment |
20 yrs. |
Trademarks | Signs or symbols to identify goods and services | All industries | 7 yrs |
Copyrights | Original works of authorship | Printing,entertainment(audio,video,motion pictures) software,broadcasting | 50 yrs literary work
20 yrs broadcasting |
Integrated circuits | Original layout design | Micro-electronics industry | 10 yrs |
Trade secrets | Secret business information | All industries | - |
Industrial design | Ornamental design | Clothing,automobiles,electronics etc | 10 yrs ( 5 + 5 yrs) |
Geographical indications | Geographical origin of goods and services | Wines,spirits, cheese and other food products | Under Review |
Intellectual property – creation of human mind is seen from dawn to dusk in all activities , we are surrounded by these fruits of creativity from a hand woven carpet to a sofa ,the objects and appliance we use for everday life –the can opener, branded food product , mucic, books , paintings and the list goes on…… indeed have formed an integral part of our lives , so go ahead and exercise the right to protect the creations of your GREY CELLS.
Contributed By
Anuj Singhal
(MPIB 2001-03)
Copyright © October 2001