What Is Intellectual Property Rights And Everything You Should Know About It


Posted on March 12, 2019


Intellectual Property Rights

Introduction

 

With rapid globalization and opening up of the Indian economy, “Intellectual Capital” has become one of the critical wealth drivers in the current international trade. Intellectual property rights have become significantly influential on the legal horizon of India both in terms of new statutes and judicial pronouncements. India ratified the agreement for establishing the World Trade Organization (WTO), which constitutes the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). Indian Statutes, implementation provisions and methods of dispute resolution concerning intellectual property (IP) protection are now entirely under TRIPS-compliant.

 

 

Intellectual Property Rights in India has laws covering various areas of the intellectual property as enumerated here in below:

 

  • Trade Marks
  • Patents
  • Layout Designs of Integrated Circuits
  • Plant Varieties
  • Data Protection
  • Copyrights and Related Rights
  • Industrial Designs
  • Geographical Indications
  • Information Technology and Cybercrimes

 

Broadly, the following acts deal with intellectual property rights:

 

  • The Geographical Indications of Goods (Registration and Protection) Act, 1999
  • The Protection of Plant Varieties and Farmers’ Right Act, 2001
  • Trade Marks Act, 1999
  • The Semiconductor Integrated Circuits Layout Design Act, 2000
  • The Copyright Act, 1957
  • The Patents Act, 1970 (as changed in 2005)
  • The Designs Act, 2000
  • The Information Technology Act, 2000

 

What is Copyright?

 

Copyright is necessarily a right not to imitate someone’s work. Copyright registration furnishes the owner of the subject a particular power over his work. If a work is shielded by copyright, no one can mirror, copy or reproduce the original work in any other way. A term of copyright in India is 60 years. Copyright can be taken for the following:

  • Music
  • Books
  • Manuscripts
  • Films
  • Fashion Designs
  • Training Manuals
  • Software
  • Literary Work
  • Performance
  • Paintings etc.

 

Why should one get copyright registration done?

 

It is not mandatory to get copyright registration but always advisable to do so because it will give the owner a specific set of minimum rights over his work and the security that no one will be able to copy his work for a minimum period. This satisfaction will always motivate the owner to do more job and create more items.

 

What is the procedure to obtain a copyright registration?

 

To obtain the copyright registration the following process has to be followed:

  • Every application has to be approved by the applicant as well as a lawyer in whose favour a Vakalatnama or a POA has been done.
  • The registrar will issue a Dairy Number, and then there is a mandatory waiting time for 30 days for any objections to be admitted.
  • If there are no complaints received within 30 days, the scrutinizer will check the application for any discrepancy and if no disparity is there, the registration will be done, and a quotation will be transferred to the registrar for the entry in the Register of Copyright.
  • If an objection is received, the examiner will send a letter to both the parties about the complaints and will give them both a hearing.
  • After the hearing, if the objections are settled the scrutineer will scrutinise the application and support or reject the application as the state may be.

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