Archive for the ‘Protection’ Tag

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

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Posted October 3, 2011 by R Saha in Learn IPR

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Understanding the concepts of Intellectual Property Rights (IPR)   Leave a comment

Intellectual property rights (IPR) are about creations of mind which are new and original in the global context and are granted to creators of intellectual property by the government. Creativity and inventiveness have been the central source and theme of human existence and development; and most things that are interesting, important, and useful for humans are the result of human creativity. Our ancestors travelled millions of years, overcoming unimaginable difficulties through grit, hard work, unceasing perseverance and inventive skills, to come to the stage where we find ourselves today. Otherwise how do you explain the transition from staying on trees, to the fabricating of specialized tools and dwelling units some 40 to 50 thousand years back, to practicing agriculture some 10000 years back, to travelling to other planets in the 21st century. Inventions of alphabets, zero, wheel, microscope, antibiotics, transistors and many others have helped the humans to move further which no other animal is capable of doing.

Awarding right of ownership for creations and inventions help the society in advancing further for better living, health, entertainment etc. These rights in many ways are similar to the rights awarded by the government for your land, house, motor cycle, factory, hotels and so on. Whenever we think of property we think about ownership and whenever we think about ownership we know that the property cannot be used without your consent or permission. It may be noted that IPR are exclusive rights and awarded based on certain laws and these rights are available for a fixed period of time. After the expiry of this protection time anyone can use the intellectual property (IP) without the permission of the owner. In our day to day life we come across different types of IP such as new products, medicines, books, paintings, songs, dresses, motor bikes, interesting logo or slogans for companies, laptops, varieties of flowers, vegetables and fruits. Laws have been made to protect different types of IP in different ways through different forms of IPR which will be covered in my next post.

© R Saha

Posted October 2, 2011 by R Saha in Learn IPR

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Hague Agreement on Industrial Design   Leave a comment

The Hague Agreement concerning the International Deposit of Industrial Designs first came into existence in 1925, and was revised in 1934 and 1960. The Agreement aims at providing a mechanism for securing protection of an industrial design in all the member countries by means of an international deposit. The international deposit could be in the form of the industrial product or drawing or photograph or any other graphic representation of the said design. The duration of protection is 15 years from the date of deposit, this term is divided in two periods, one period of five years and the other of ten years. This Agreement is now being implemented by the WIPO. 

A Diplomatic Conference was held in June and July 1999 to bring out some amendments in the Hague Agreement. The revised agreement will come into effect after it has been ratified by six of the initial signatory nations to the Agreement. The idea is to provide a way through which a single design application can give rights to protection for that design in member countries. The international design application must designate countries where protection will be sought. The designated countries can refuse to award design rights, if the application does not meet the requirements of national laws. The Agreement does not lay down any particular standards for registrability of the design, leaving this to national laws.  Once registered, the international registration will have the same effect as a national design registration in those designated countries that have not refused grant of national registration. The other main features of the revised agreement / treaty are:- 

  1. International design protection will be available to nationals of a contracting country, domiciled in a contracting country or having a industrial or commercial establishment in a contracting state.
  2. An international design application may be filed either at the applicant’s national office or directly with the International Bureau of WIPO.
  3. Two dimensional designs (textile designs) would be eligible for protection.
  4. A formalities examination will be carried out by the international Bureau and then the application will be published if it is found to satisfy the formalities. The publication will be made six months after the registration. This can be deferred to 30 months in some special cases.
  5. The International Bureau will, after the registration, send a copy of the application to each of the designated countries. These countries have to inform the Bureau within six months if national requirements are not met. However, for countries that examine design applications for novelty or where opposition system exists, this time is increased to 12 months.
  6. Multiple designs may be included in the same application. It is however, required that all products to which such designs relate must be in the same class under the Locarno classification.

 It can be seen that there are some similarities with the PCT system for patent applications. India is not yet a member of the Hague Agreement and hence, the above provisions or description may not be of immediate relevance to us.  However, there is a strong need to monitor the developments in this area.

© R Saha

Posted September 17, 2011 by R Saha in Learn IPR, Treaties & Agreements

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