Intellectual Property Rights | Legal Reasoning for CLAT PDF Download

Introduction

Intellectual Property Rights (IPR) in India pertain to the legal privileges bestowed upon individuals or entities for their creations or innovations resulting from intellectual endeavors. These privileges are designed to safeguard and motivate creators and innovators by providing them exclusive rights to utilize and capitalize on their creations for a specific duration.

Let’s understand

Imagine you have a special toy that you invented or drew all by yourself. Intellectual Property Rights (IPR) are like rules that protect your special toy or creation and make sure that others can’t copy or take credit for it without your permission.

For example, let’s say you made a fantastic drawing of your favourite cartoon character. If you have IPR, it means nobody else can copy your drawing and say they drew it. It’s like having a magic shield around your creation, so only you can decide who can use it or make something similar to it.

Just like how you would be upset if someone took your favourite toy without asking, creators and inventors would be sad if others used their ideas or creations without giving them credit or permission. IPR helps ensure that people are recognised and rewarded for their hard work and creativity, just like you should be recognised for your special toy or drawing!

Five Main Types of Intellectual Property Rights

In India, the following are the main types of Intellectual Property Rights:

Patents

A patent is a unique privilege bestowed upon an inventor for a novel, inventive, and industrially applicable creation. It affords the inventor the authority to prohibit others from creating, using, selling, or importing the patented invention without their consent. Patents are commonly awarded for a finite duration, usually 20 years from the date of submitting the patent application.

Trademarks

Trademarks are unique identifiers, such as names, logos, symbols, or colors, employed to recognize and differentiate the goods or services of one seller or service provider from those of others. Registering a trademark grants the owner the exclusive entitlement to utilize the mark and prohibits others from employing a similar mark in association with comparable goods or services.

Copyrights

Copyrights safeguard original works encompassing literature, art, music, and drama, along with software, movies, sound recordings, and broadcasts. In India, the creator of the work is accorded copyright protection, granting them the exclusive privilege to reproduce, distribute, perform, communicate, and display their work for a specified duration. Copyrights generally endure for the author's lifetime plus an additional 60 years.

Industrial Designs

Industrial designs protect the visual appearance of an article, including its shape, configuration, pattern ornamentation or composition of lines or colours. Registration of an industrial design grants the owner the exclusive right to use the design for a limited period, generally ten years.

Geographical Indications (GI)

Geographical indications identify goods as originating from a specific geographical location, where a particular quality, reputation or other characteristic is linked to that location. GI registration protects against unauthorised use of geographical indication by others.

Trade Secrets

Trade secrets encompass valuable and confidential business information that bestows a competitive advantage. Distinct from other intellectual property rights, trade secrets are not registered; instead, their protection relies on agreements, contracts, and measures aimed at preserving confidentiality.

Governing Laws for IPR

The protection and enforcement of Intellectual Property Rights in India are governed by various laws, including the Patents Act, 1970; the Trade Marks Act, 1999; the Copyright Act, 1957; the Designs Act, 2000; and the Geographical Indications of Goods (Registration and Protection) Act, 1999, among others. These laws aim to encourage innovation and creativity while safeguarding the interests of creators and inventors.