Know the rules governing Intellectual Property Rights under Indian law

Over the past twenty years, the importance of intellectual property rights in the growth of the global economy has increased. Many nations independently strengthened their laws and regulations in this area in the 1990s. Because the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) in the World Trade Organization was successfully concluded, there was improved protection and enforcement of IPRs at the multilateral level to the level of solemn international commitment. 

The field of intellectual property is vast. For a long time, trademarks have been recognised alongside designs, copyrights, and patents. Newer types of protection are also evolving, which is especially encouraged by the vibrant upsurge in technology and scientific endeavours.

What is covered in intellectual property rights?

The following list of the topics covered by intellectual property rights is provided by the 1967 Convention creating the World Intellectual Property Organization: 

Industrial designs, protection against unfair competition, trademarks, service marks, commercial names and designations, inventions in all sectors of human endeavour, and “any other rights originating from intellectual effort in the industrial, scientific, literary or artistic fields.” 

scientific discoveries; broadcasts; performances by performing artists; literary, artistic, and scientific works;

With the creation of the World Trade Organization, the Trade-Related Intellectual Property Systems (TRIPS) Agreement formalised the function and significance of intellectual property protection (WTO). It was negotiated at the conclusion of the Uruguay Round of the General Agreement on Tariffs and Trade (GATT) agreement in 1994. 

The TRIPS Agreement targets the complementing and firmer levels of protection and provides for effective enforcement at both the national and international levels. It encompasses all forms of intellectual property in theory. It discusses the provisions in international agreements on IP and the applicability of general GATT principles (Part I). It also develops criteria for the acquisition and upkeep of intellectual property rights (Part IV), as well as their scope, application, preparedness (Part II), and enforcement (Part III).

Additionally, it discusses associated dispute avoidance and resolution methods (Part V). Parts VI and VII of the Agreement, which covers institutional and transitional arrangements, respectively, deal with formal stipulations. 

Since its implementation on 1 January 1995, the TRIPS Pact has been regarded as the most comprehensive multilateral agreement on intellectual property. Its scope of intellectual property includes the following areas: 

service marks that are also trademarks; 

commercial designs; 

copyright and related rights (such as those of performers and broadcasting organisations producers); 

geographic cues, such as origin-specific appellations; 

the topographies (layout designs) of integrated circuits; 

information that is not private, including test results and business secrets; 

patents that cover the protection of novel plant species;

Intellectual property right in India

India has laws covering various areas of intellectual property as enumerated herein below:

  • Trade Marks
  • Patents
  • Copyrights and Related Rights
  • Industrial Designs
  • Geographical Indications
  • Layout Designs of Integrated Circuits
  • Plant Varieties
  • Information Technology and Cybercrimes
  • Data Protection

Broadly, the following acts deal with the protection of intellectual property:

  1. Trade Marks Act, 1999
  2. The Patents Act, 1970 (as amended in 2005)
  3. The Copyright Act, of 1957
  4. The Designs Act, 2000
  5. The Geographical Indications of Goods (Registration and Protection) Act, 1999
  6. The Semiconductor Integrated Circuits Layout Design Act, 2000
  7. The Protection of Plant Varieties and Farmers’ Rights Act, 2001
  8. The Information Technology Act, 2000

Leave a Comment

Your email address will not be published. Required fields are marked *