1) What is Intellectual property?
Intellectual property is a property which includes the inventions of intangible creations by the intellectual minds of creators. Intellectual property are of various kinds. Most of the known in INDIA are copyright, patent, trademarks, trade secrets, Geographical indications. The main aim of creation of this right is to save the creators from stealing their inventions as it is against the law as well as against the morality. It also encourages the wide variety of intellectual goods.
2) What is Intellectual Property Rights?
The term intellectual property rights refer to the rights which is legal and which is given to the makers, editors of new technology to protect their creations from unauthorised use that is use of creators material without the creators permission and steals it by showing them in their name. It is right given to the persons for their inventions, literary and artistic works. It gives an exclusive right to creator for a specified time period.
3) Types of Intellectual Property Rights?
a) COPYRIGHTS – These include writing, musical recording, films, plays and other creative works that are recorded in tangible medium. Copyrights are generally the work which gets written or published by the creator. Copyright also has a fear of theft so it also be required to taken under the Intellectual Property Rights.
CASE – RATNA SAGAR (P) LTD. v. TRISEA PUBLICATIONS AND ORS.,1996 PTC(16)597
The case examined the considerations for protection of copyright under Order 39,Rules 1 and 2 of the Civil Procedure Code,1908. The earlier publication of work was required to be protected. The fact of the right of the party to such work on account of assignment by author was not proved and was not relevant at this stage. Therefore, the Court restrained the infringement of copy right under Sections 14 and 19 of the Act.
b) PATENTS – These include invention and other mechanical or technical innovations. It also include improvement useful for public in already existing inventions.
CASE – Bayer corporation v. Union of India 162(2009) DLT 371
In this case, the high court held that the drug patent linkage mechanism in India has different objectives and authority to determine patent standards within the exclusive domain. Infringement of patent does not include market approval of a drug. This type of adjudication is beyond the jurisdiction of Drug Authorities. Intellectual Property Rights is an intangible creation of human beings. The well-known intellectual rights are patent, trademarks, trade secrets and copyrights. The main aim of it is to promote the creation of wide variety of individual goods.
c) TRADEMARKS – We all are familiar with the Trademarks like NIKE,MACDEE etc and many more. These all comes under Trademark. Trademark generally are logos and slogans which are used to identify particular goods from of different goods. It helps consumer in knowing the difference between the different goods of different Brands.
These are also called cover service marks and trade dress.
CASE –CLINIQUE Laboratories LLC and Anr V. Gufic limited and Anr MANU/ DE 0797/2009
In this case, a suit was filed for the infringement by a registered trademark holder. Here as per the sections the petitioner had filed a cancellation petition before the registrar of trade marks. According to the sections of the Act, The court had the power to pass the interlocutory orders. In this case the court held that suit for infringement of registered trademark is maintainable against another proprietor or similar trade mark. Here in this case the court granted the interim injunction in the favour of the petitioner at the period of the cancellation petition by the competent authority.
d) Trade Secrets – These consists of recipes, instructions, production methods and other information that gives a person or a business a competitive edge and is not readily accessible by general public.
e) Geogaphical Indications- A geographical indications is a name or sign used on certain products which corresponds to a specific geographical location or origin.eg-Darjeeling tea became the first GI tagged product in India.
4) Validity of different kinds of Intellectual Property Rights
Usually validity differs from creation to creation. But all these are given for limited period of time. Likewise patent is given for the validation of 20 years after that the right needs to be reneue. Usually trademarks is valid for 10 years, Copyright is valid for generally more than 90 years which is usually the lifetime, Indian Design is valid for 10 years, geographical indications is valid for 10 years.
5) Common Infringements which usually occurs in daily to daily lives.
a) Using the logo which is same logo of the existing product on their own new product logo is a common cases.
b) Using a mark on their own brand which is same from existing trademark. Trademarks are generally works as a goodwill of the product which helps the consumer in finding out the original product.
c) Making copies of musical, recording, movies and other media and distributing them for profit without the copyright’s owner consent.
d) Manufacturing a patent item by following the specified listed in patent without having license from patent owner.
6) Legal consequences of infringement of Intellectual Property Rights?
The violation of Intellectual Property Rights is called infringement of IP rights. The infringement uses with Intellectual property rights like patent rights, copyright, Trademark but with Trade secrets Indian law uses misappropriation. Generally, if your invention is registered and the violation of that right occurs then you have to file a case in any court according to the jurisdiction and every court in India is entitled to have the jurisdiction to solve the cases of Intellectual Property Rights.
7) Remedies regarding infringement are as follow
Generally, Court provides the following remedies to the aggrieved party are as follow:-
a) Court orders the law of violating party to compensate the aggrieved party or the creators in terms of money that is monetary damages.
b) Court ceases the same mark, sign, or the stealing material which is same from the existing one and used without authorisation.
c) Court also gives the order to the concerned authorities to confiscate the property used to create infringing products.
d) Court also gives the warning for not doing the stealing again, to the party who violates the Intellectual Property Rights of Aggrieved party.
CONCLUSION:-
Intellectual Property Rights are monopoly rights that grant their holders the temporary privilege for the exclusive exploitation of the income rights from their mindly inventions and innovations. The inventions and innovations must be useful for the society so that society could grant such privileges to some of its individuals.These are enshrined in the Article 27 of the Universal Declarations of Human Rights.It gives the right to benefit from the protection of moral interests resulting from scientific or literacy products. It is better to have always registered your inventions and innovations so that they could be protected from the unauthorised use.
About the author-
This article is written by YASH MITTAL, 3rd year doing BBA LLB (H) from Uttaranchal university, LAW COLLEGE DEHRADUN
