Intellectual Property

Intellectual Property

Subject: Science and Technology

In news: The spat among the Pune-based Kirloskar brothers has intensified with Kirloskar Brothers (KBL), led by Sanjay Kirloskar, accusing Kirloskar Industries (KIL), led by his brother Atul Kirloskar, of using the intellectual property (IP), trademark, copyright and material part of KBL’s logo.

About Intellectual Property Rights (IPR):

• Intellectual property rights (IPR) are the rights given to persons over the creations of their minds: inventions, literary and artistic works, and symbols, names and images used in commerce. They usually give the creator an exclusive right over the use of his/her creation for a certain period of time.
• Intellectual property is a category of property that includes intangible creations of the human intellect.

Laws & Rules that govern Intellectual Property Rights (IPR):

• The importance of IPR was first recognized in the
  • Paris Convention for the Protection of Industrial Property (1883) &
  • Berne Convention for the Protection of Literary & Artistic Works (1886).

• Both are administered by the World Intellectual Property Organization(WIPO).
• IPRs have been outlined in Article 27 of the Universal Declaration of Human Rights.
• WTO governs IPR through Trade-Related Aspects of the Intellectual Property Rights (TRIPS).

Trade-Related Aspects of the Intellectual Property Rights (TRIPS):

• TRIPS is an international agreement on intellectual property rights.
• The Agreement covers most forms of intellectual property including
  • patents,
  • copyright,
  • trademarks,
  • geographical indications,
  • industrial designs,
  • trade secrets, &
  • exclusionary rights over new plant varieties.
• It came into force in 1995 & is binding on all members of the World Trade Organization (WTO).

Types of Intellectual Property:

• Patents: 
  • A patent is an exclusive right granted for an invention, which is a new product or process that meets conditions of
    • Novelty
    • Non-obviousness
    • Industrial use
  • Patents in India are governed by “The patent Act 1970” which was amended in 2005 to make it compliant with TRIPS.
  • Patent (Amendment) Rules, 2020:
    • The new rules have amended the format of a disclosure statement that patentees & licensees are required to annually submit to the Patent Office.
    • The format contains disclosing the extent to which they have commercially worked or made the patented inventions available to the public in the country.
• Industrial Designs
  • An industrial design constitutes the ornamental or aesthetic aspect of an article/object.
    • A design may consist of three-dimensional features, such as the shape or surface of an article, or of two-dimensional features, such as patterns, lines or colors.
    • Industrial Designs in India are governed by “The Designs Act 2000”.
• Copyright
  • Copyright is a legal term used to describe the rights that creators have over their literary & artistic works.
    • Works covered by copyright range from books, music, paintings, sculpture & films, to computer programs, databases, advertisements, maps & technical drawings.
    • Copyrights in India are governed by “The Copyright Act, 1957”.
• Trademarks
  • A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises.
    • Trademarks in India are governed by Trade Marks Act 1999 which was amended in 2010.
• Geographical Indications:
  • A GI tag is a legal recognition given primarily to an agricultural, natural or a manufactured product (handicrafts & industrial goods) originating from a definite geographical territory.
    • GI tag conveys an assurance of quality & distinctiveness of a product, which is essentially attributable to the place of its origin.
    • Geographical Indicators in India are governed by “The Geographical Indications of Goods (Registration & Protection) Act, 1999”.
• Trade secrets:
  • Trade secrets are IP rights on confidential information which may be sold or licensed.
    • There is no specific law.
• Plant Variety Protection:
  • It refers to the protection granted for plant varieties. These rights are given to the farmers & breeders to encourage the development of new varieties of plants.
    • Plant variety protection in India is governed by “The Protection of Plant Varieties & Farmers’ Rights (PPV&FR) Act, 2001”.