Intellectual Property Rights (I. P. R.) : by Tanisha Gangrade
Intellectual Property Rights (I. P. R.) : by Tanisha Gangrade
Intellectual Property Rights (I. P. R.) : by Tanisha Gangrade
( I. P. R.)
By Tanisha Gangrade
Summary
What is Intellectual Property and Intellectual Property Rights
Objectives of IPRs
History of IPR in INDIA
Trade Secret
Trade Mark
Industrial Design
Patents
Copyrights
Plant Variety Protection
Geographical Indication
Intellectual Property Rights
Intellectual Property - Intellectual Property is an idea, a design, an
invention, a manuscript etc. which can ultimately give rise to a useful
product and application.
Intellectual Property Rights - Right of an inventor to derive
economic benefits from his intellectual property; this right is called as
Intellectual Property Rights (IPR).
OR
The first law on patent was passed in Venice in 1474 which gave
monopoly rights to artisans for their inventions.
Industrial design rights last for a limited period. This varies among
countries, but the maximum period of protection in a country will be at
least ten years. In many countries, owners need to renew their
registration every few years if they want to keep the design protected for
the maximum possible period.
Patents
Patents are rights related to new discoveries. Patents are
used to protect new product, process and apparatus.
Novelty - The invention must be new and should not be already known to the public.
Inventiveness- The invention should not be obvious to a person skilled in the art, and
should represent an innovation
Industrial Application and Usefulness - The subject matter of the patent must have
an industrial application, either immediate or in the future that is useful to the
society/nation.
Patentability - The subject matter of a patent must be patentable under the existing
law and its current interpretation. For example, The Indian patent act of 1970 did
not allow product patents in pharmaceutical foods and agro chemicals. But this act
has now been amended as Indian patent act 1999 and the new act allows product
patents except for some specified medicine drugs.
A patent entitled BASMATI RICE line and grain for a novel, high yielding, medium
dwarf, photo insensitive rice having all the desirable features of basmati rice was
awarded to RiceTech Texas (USA) in USA on September 2, 1997. These claims were
challenged by India and the request for re-examination of the patent was filed on April
28, 2000.
Limitations of a Patent
There are 2 basic limitations of patent.
3. The utility patent act 1985: was originally meant to cover men
made industrial inventions and process.
Geographical indication ( G I )
Duration of GIs