Nov 2, 2017
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Intellectual Property Types in India

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While intellectual property law has evolved over centuries, it was not until the 19th century that the term intellectual property began to use, and not until the late 20th century that it became common place in the majority of the world. However this article talks about Intellectual Property and Intellectual Property Types in India.

INTRODUCTION

Intellectual property area deals with protecting the rights of those who create original works. It thus covers everything from original plays and novels to inventions and company identification marks. The purpose of intellectual property law are to encourage new technologies, artistic expressions and inventions while promoting economic growth.

Intellectual Property (IP) has traditionally categorized into Industrial property and Copyright. Hence the term Industrial Property includes patents, trademarks, industrial designs, and geographic indications of source. Intellectual property rights generally known as bundle of exclusive rights granted to the lawful owner. Thus the term intellectual property denotes the specific legal rights, and not the intellectual work itself. Its important to stay aware of what these IP rights are, how they can protected and, in due course, how to benefit from them.

Intellectual Property Types

Here’s an explanation to different types of intellectual property, so you understand where they come from, how they are protected, and the differences between each.

1. Patents under Intellectual Property Types

  • A patent thus granted for an invention which is “a new product or process, that meets conditions of novelty, non-obviousness and industrial use.
  • Inventive step is the feature(s) of the invention that involves technical advance as compared to existing knowledge and that makes the invention not obvious to a person skilled in the art.
  • Industrial use means that the invention hence capable of being made or used in an industry.
Ministry administering the IPR:
  • Department of Industrial Policy and Promotion,
  • Ministry of Commerce & Industry
Concerned IP Act :
  • The Patents Act, 1970 (as amended in 2005

2. Copyrights under Intellectual Property Types

  • Copyright thus a right given by the law to creators of literary, dramatic, musical and artistic works and producers of cinematographic films and sound recordings.
  • In fact, it is a bundle of rights including, inter alia, rights of reproduction, communication to the public, adaptation and translation of the work.
  • Copyright protection thus granted to protect literary, artistic and musical works. Thus rights related to copyright include those of performing artists in their performances, producers of phonograms in their recordings, and those of broadcasters in their radio and television programs.
Ministry administering the IPR :
  • Ministry of Human Resource Development The Copyright Act, 1957
Concerned IP Act :
  • The Copyright Act, 1957 (as amended)

3. Trademark under Intellectual Property Types

  • A Trade Mark however can be a device, brand, heading, label ticket name, packaging, sign, word, letter, number, drawing, picture, emblem, colour or combination of colours, shape of goods, signature or a combination thereof.
  • However a trademark means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one undertaking from those of other undertakings, shall be capable of constituting a trademark.
Ministry administering the IPR :
  • Department of Industrial Policy and Promotion
  • Ministry of Commerce & Industry
Concerned IP Act :
  • Trade Marks Act 1999 (as amended in 2010)

4. Geographical Indications under Intellectual Property Types

  • A geographical indication identifies agricultural or natural or manufactured goods as originating or manufactured in the territory of a country or region or locality in that territory, where a given quality, reputation or other characteristic of such goods is essentially attributable to its geographical origin and in case where such goods are manufactured goods one of the activities of either.
  • Thus the production or of processing of preparation of the goods concerned takes place in such territory, region, or locality as the case may be.
Ministry administering the IPR :
  • Department of Industrial Policy and Promotion
  • Ministry of Commerce & Industry
Concerned IP Act :
  • The Geographical Indications of Goods (Registration & Protection) Act, 1999

5. Designs under Intellectual Property Types

  • A design refers only to the features of shape, configuration, pattern, ornamentation, composition of colour or line or a combination thereof, applied to any article, whether two or three dimensional or in both forms by any industrial process or means which, in the finished article, appeal to and thus judged solely by the eye.
Ministry administering the IPR :
  • Department of Industrial Policy and Promotion
  • Ministry of Commerce & Industry
Concerned IP Act :
  • Designs Act 2000

6. Semiconductor Integrated Circuits Layout-Design under Intellectual Property Types

  • The aim of the Semiconductor Integrated Circuits Layout-Design Act 2000 however is to provide protection of Intellectual Property Right (IPR) in the area of Semiconductor Integrated Circuit Layout Designs and for matters connected therewith or incidental thereto.
Ministry administering the IPR :
  • Department of Electronics and Information Technology
  • Ministry of Communications and Information Technology
Concerned IP Act :
  • Semiconductor Integrated Circuits Layout-Design Act, 2000

 

 

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Article Categories:
Trademarks Copyrights IP

Avani is a LL.B. student of New Law College. Classical use of language and adeptness with the written word make her treasure useful legal information. In her spare time, she writes prose and pursue an active interest in creative writing.

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