What is Intellectual property law ?

What are the 4 types of intellectual property?

Patents, trademarks, copyrights, and trade secrets are valuable assets of the company and understanding how they work and how they are created is critical to knowing how to protect them. best lawyer in manikonda.

INTRODUCTION

India has ratified the agreement for establishing the World Trade Organization (WTO), which contains the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). Now individual protection and IP protection is followed as per international norms and rules.

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 Cyber crimes

  • 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, 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’ Right Act, 2001

  8. The Information Technology Act, 2000

Trade Marks Act, 1999 .

The Trade Marks Act, 1999 defines a trade mark as a sign which (i) identifies the proprietor of that sign to the public at large and (ii) distinguishes such proprietor’s goods from those of others.

The Patents Act, 1970 (as amended in 2005)

Patent, Copyright and Geographical Indications Rights Act has been amended in 2005 to replace things like the Industrial Design Acts and Plant Varieties Protection Act. All of these Acts need to be dealt with if you want to protect your invention or improve to existing patented goods.

The Copyright Act, 1957

The Copyright Act, 1957 states that every person who produces or publishes any literary, dramatic, musical or artistic work in the course of his business shall be protected against unfair competition by means of the protection granted by this Act. The Designs Act, 2000 was created to make it easier for the registration of designs and protects them from being copied. The Geographical Indications of Goods (Registration and Protection) Act, 1999 provides for protection for geographical indications of goods; for example: Champagne or Chardonnay. These geographical indications are names that have a link with the origin of goods or their place of origin such as Champagne made in France. They may also be indicative of certain qualities such as dryness, sweetness etc. The Semiconductor Integrated Circuits Layout Design Act, 2000 gives protection to layout designs which are used in semiconductors (a device containing electrical components fitted onto its substrate) or integrated circuits (ICs)

The Designs Act, 2000

The Designs Act, 2000 has been enacted to protect logo and brand designs from being copied by others. The Geographical Indications of Goods (Registration and Protection) Act, 1999 protects geographical indications (GIs). The Semiconductor Integrated Circuits Layout Design Act, 2000 provides for the protection of semiconductor integrated circuits’ design layout. The Protection of Plant Varieties and Farmers’ Right Act, 2001 promotes patent protection for plant varieties and farmers’ rights while the Information Technology Act, 2000 makes provisions for the enforcement of criminal laws relating to defamation through computer data transfer

The Geographical Indications of Goods (Registration and Protection) Act, 1999

The Geographical Indications of Goods (Registration and Protection) Act, 1999 was enacted with an aim to protect the distinctive logos and trade marks of Indian origin. Several trademarks that claim to be unique and originated from India have been challenged before an Indian court by foreign entities seeking their invalidation on a number of grounds.

The Semiconductor Integrated Circuits Layout Design Act, 2000

The Plant Varieties and Farmers’ Rights Act, 2001 is a law that protects the industrial and intellectual property rights of farmers who develop, collect and preserve farm-based varieties.

The Protection of Plant Varieties and Farmers’ Right Act, 2001

The Protection of Plant Varieties Act, 1994 has been amended to introduce the concept of accession importance to guide the identification process of Yound in terms of its commercial value. Accession importance is now defined as ‘any quality that can be attributed to the variety and which can increase its earning power or yield’. It comprises attributes such as adaptability, disease resistance, short-term and long-term maturity

 

The Information Technology Act, 2000

The Information Technology Act, 2000 (IT Act)is a legislations which came into force on 6 April 2000. The IT Act provides the framework for growth in information technology. The legislation covers digital signatures, electronic data-processing systems and electronic communications as well as cybercrime prevention.

Conclusion:-

India has joined the WTO, the organization which promotes the international rules and norms. These rules protect individual rights and at the same time encourage innovation.

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