Intellectual Property is protected through various methods   Leave a comment

We have eight different types of IPR recognised the world over, covering different types of creativity and giving varied rights to the owners.

Patents are linked new, non-obvious and useful inventions which may relate to products, processes, compositions etc. Patents are awarded for a period of 20 years. Copyrights are given for original literary (books, articles), artistic (paintings, photographs, drawings), musical works, computer software etc. and for literary work, for example, the rights last for a long period and that is author’s life from the date of creation of the work plus sixty years.  

Industrial design rights are in respect of articles having unique shapes, colour combinations, geometric patterns and ornamentation. Furniture, dresses, tumblers, textile designs, pottery, jewellery and innumerable products will qualify for design rights provided the features are new and original. Design rights are available for a period of 15 years.

Trademarks are names, logos, pictures, numbers, drawings or their combinations used by companies so that customers could identify products with companies and make choices at the time of buying products. TATA, SBI, Coca Cola, McDonald and Microsoft are well known trademarks. Many a times companies may decide to use a trademark for a product such as Xerox, Lifebuoy, nylon. Trademarks can last for ever, provided the owner renews them in a block of ten years.

Protection of IC lay-out designs relates to mask designs of integrated circuits and is valid for ten years. Protection of new plants varieties is in respect of new varieties of known plants. For example if someone develops a spotted variety of rose then this variety can be protected for a period of ten years. Protection of undisclosed information deals with trade secrets and confidential information like data, reports, drawings, design calculations and so on. The term of protection could be infinite provided the owner can maintain the secrecy. However, if someone else generates say, identical drawings on his own, it would not be considered infringement of the previous drawings held as trade secret by the earlier person. Coca Cola still maintains some aspect of the formulation as trade secret.

Protection of geographical indications (GI) is given to names associated for a long time with products originating from a specific geographical location and reputed for their special characteristics like Darjeeling tea, Chanderi sari etc. This protection can also last for ever, provided it is renewed every ten years. It must be remembered that GI is associated with the product and there is no ownership by individuals.

© R Saha

Advertisements

Posted October 3, 2011 by R Saha in Learn IPR

Tagged with ,

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

%d bloggers like this: