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Assignment II

This document provides an overview of intellectual property rights. It discusses the different types of intellectual property including industrial property (patents, trademarks, industrial designs, geographical indications, layout designs of integrated circuits, and plant varieties) and copyright and neighboring rights. For each type of intellectual property, it describes what they protect, requirements for protection, rights granted to owners, and duration of protection. The document also discusses the concept of property rights and remedies available for violations of intellectual property rights such as injunctions and damages.

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Tania Majumder
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84 views7 pages

Assignment II

This document provides an overview of intellectual property rights. It discusses the different types of intellectual property including industrial property (patents, trademarks, industrial designs, geographical indications, layout designs of integrated circuits, and plant varieties) and copyright and neighboring rights. For each type of intellectual property, it describes what they protect, requirements for protection, rights granted to owners, and duration of protection. The document also discusses the concept of property rights and remedies available for violations of intellectual property rights such as injunctions and damages.

Uploaded by

Tania Majumder
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Assignment II On Intellectual Property Rights.

By
Tania Majumder
ID:19IUT0160023
Date of Submission:- 25-04-2020

THE ICFAI UNIVERSITY, TRIPURA


INTELLECTUAL PROPERTY RIGHTS

Introduction
Intellectual Property (IP) has emerged as an important discipline in the study of commercial
laws.

There are several theories underlying the relevance of IP law in modern industrial societies
driven by private investments in innovation and entrepreneurship. However, one unifying
factor is that IP protects and encourages differentiation.

While there is no single definition of IP, the World Intellectual Property Organisation
constructs it as “the legal rights which result from intellectual activity in the industrial,
scientific, literary and artistic fields.”

Intellectual property is a recently coined term. Professor Mark Lemley noted that
widespread use of the term “intellectual property” is a fad that followed the 1967
founding of the World “Intellectual Property” Organization (WIPO), and became much
more common in recent years. Be it as it may, the study of IP has evolved through centuries
of experience in several jurisdictions. As per the WIPO, IP can be justified for two reasons:

1. To give statutory expression to the moral and economic rights of creators in their
creations and the rights of the public in access to those creations.

2. To promote, as a deliberate act of Government policy, creativity and the dissemination


and application of its results and to encourage fair trading which would contribute
economic and social development.

Thus the study of IP law is relevant in the present context since it is largely responsible for
society’s moral and human flourishing.

Property Rights
Property signifies ownership and possession as its essential attributes by allowing the right
to exclude and right to alienate as the primary and secondary core among the bundle of
rights. Property rights provide the right of exclusion in rem, that is, in general against other
people. They operate against the world. The term property includes both tangible properties
like chattels and land and intangible properties such as securities and a life insurance
contract. Intellectual property is also a type of intangible property. Property rights are
essentially a bundle of rights.

Property rights have the following two components:

a.Exclusion:-This component deals with the right of the owner of the property to exclude
others from enjoyment of the property, including making, using, selling, reproducing,
importing, offering for sale, selling, and distributing.

b.Alienability:-Another major component or characteristic of property rights is their


alienability. The Right to alienate property refers to the specific right of the property owner
that allows control on products embodying IP in the form of right to exclude others from
selling, distribution, or transfer the property to other parties.

Another major component of property rights is the array of remedial actions available to the
owner in case of violation of property rights.

Type of Remedies
Remedies are the means by which rights are enforced. For violation of property rights,
remedies in the form of injunctions, accounts for profit and/or damages are commonly
available for all kinds of IP.

An injunction is an equitable remedy or an order or direction of a court of law requiring an


individual to perform or restraining an individual from performing a specific act. They may
be temporary or permanent. Courts frequently grant or deny injunctions in IP cases by
evaluating traditional factors of equity such as balance of convenience, irreparable harm
and whether the damage is compensated in money, and public interest.

Classification of Intellectual Property


Industrial Property and Copyright are the two components of intellectual property.
A. Industrial Property:- Industrial Property is the branch of intellectual property
which deals with intangible intellectual creations related to industry, commerce and,
agriculture.

Industrial Property are further classified into:-

1. Patents:-Patents protect technical embodiments of an invention. They are granted


for marketable inventions (vendible products and processes) in all fields of
technology which satisfy the threefold criteria of novelty, inventive step, and
industrial applicability.

A patent is valid for a fixed term, usually 20 years, and the holder of the patent right,
known as a patentee is entitled to use (by exclusion) or transfer the right the use the patent
to others. Disclosure is a mandatory requirement for grant of patent and the applicant is
required to disclose the technical specifications of a patent in the patent application.

2. Trademarks:-Trademarks are visual representations which identify and distinguish


the goods and services of an entity from those of another entity. One of the main
functions of trademark is to facilitate association of a particular characteristic or
quality to a specific product or service.

3. Industrial Designs:-Industrial Design refers to the two-dimensional or three-


dimensional ornamental or aesthetic features of a product, including shape,
configuration, pattern, lines, or colour.

Owners of registered designs are protected against unauthorized use of their design
and are also entitled to the exclusive use of their registered design. Design
protection is available for a fixed period of time, which is 10 years in India and
can be extended for a further period of 5 years.
4. Geographical Indications:- Geographical Indications are collective marks and signs
which denote the geographical origins of a product when one or more characteristics
or reputation of the product are attributable to its geographical origin . Unlike other IP
rights, geographical indications do not belong to an individual entity and are
considered to be belonging to an entire community of producers.
5. Layout-Design of Integrated Circuits:- The sui-generis legislation in
India to protect layout-designs is the Semiconductor Integrated Circuits
Layout Design (SICLD) Act, 2000 which protects technical designs of
semiconductor chips used in computers, smartphones, televisions, and other
electrical or digital devices.

6. Plant Varieties:- This system protects new varieties of plants which fulfill the
criteria of novelty, uniformity, stability, and distinctiveness. In India, the sui-
generis legislation protecting new plant varieties is the Protection of Plant Varieties
and Farmers’ Rights Act, 2001.

7. Trade Secrets & Protection against Unfair Competition:- Trade secrets are
accorded protection without any procedural formalities as prerequisite for protection.
Protection is provided to secret information which is commercially valuable and
which has been subject to reasonable steps by the right holder to maintain its secrecy.
Protection is offered under the law of contract or through an action for breach of
confidence in tort. Trade secrets are protected for an infinite period of time.

B. Copyright & Neighbouring Rights:- Copyright protects literary and artistic


works of authorial creativity. It is an authorship-based right, but also protects
entrepreneurial works such as broadcasts, sound recordings, films, and published
editions of literary, dramatic, and musical works. The ambit of copyright protection
extends to, but is not limited to works such as books, novels, movie scripts,
paintings, photographs, melodies, sound recordings, audio recordings, moving
images, source codes, and object codes.
Unlike other types of IP, copyright protection is not subject to any registration
formalities and it comes into existence as soon as the work is created. Copyright
registration is optional.

A copyright owner is entitled to use and to authorize others to use the copyrighted
work. Copyright protection is also available for a limited period of time after which
the work passes into public domain.
Neighbouring rights refer to rights which are not directly connected to the authorship
of the work, but to the work itself. These rights are provided to the performers such
as musicians, jugglers, dancers, singers etc.
Thank You

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