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INTELLECTUAL PROPERTY RIGHTS:
AN UNDERSTANDING

         “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)

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Copyright © October 2001