“Intellectual Property Law in India: A Lucrative Career Path”

Introduction:

Definition of intellectual property (IP):

Intellectual property means a person’s ability to think, to understand and create ideas.

All creations begin with an ‘idea’.

Intellectual property (IP) refers to products of human mind, hence, just like other type od property, the owner of IP can rent, give or sell it to other people.

Types of IP:

Copyright (act 1957):

  1. Copyright is the right to “not copy”.
  2. Grants legal right to creator for their original work.

For example: song, novel, photograph, writing, etc.

The right include:

  • right to copy (reproduce)a work.
  • Right to create derivative work based upon it.
  • Right to distribute copies of the work to the public.
  • Right to publicly display or perform the work.
  • It prevents other form copying, using or selling the work.

Trade mark:

  • Once brand name and brand mark is registered and legalized it become a trade mark.
  • A brand which is registered under “Trade and Merchandise Mark Act ,1958” treated as a trade mark.
  • A trade mark is a brand or part of a brand that is given legal protection.
  • Tm or R represent that brand is duly registered.
  • Protect seller’s exclusive rights to use brand name or mark.
  • All brand name or mark cannot be termed as trade mark.
  • A trade mark is any word, name or symbol that lets us identify the good made by an individual, company, organisation, etc.
  • A trade mark helps in distinguishing similar products in the market form its competitors.
Conventional trademarkNon-conventional trademark
Words, colour combination, label, logo, packaging, shape of goods, etc.Sound mark, dynamic mark, etc.
 Beside these, smell and taste are also considered for protection as trademark, in some parts of the world.

Patent:

  1. Usually granted foe inventions.
  2. Protects the scientific inventions.
  3. The government provides the exclusive ‘right to exclude’ all other and prevent them from making, using, offering for sale, selling or importing the invention.
  4. For an invention to be patentable:
  5. It must be new invention -it should not already exist in the current knowledge anywhere in the world.
  6. It must be non-obvious-to any person who is skilled in the relevant field of technology. that is, the standard is a person reasonable skilled in such field of study.
  7. It must be capable of industry application.

Importance of IP law in India:

Intellectual belongings law is the cornerstone of contemporary economic development and innovation and its significance in India cannot be overstated. As India integrates into the global financial system, the protection and law of intellectual property has turn out to be critical in fostering an surroundings conducive to creativity, innovation and investment. Indian highbrow property law covers diverse varieties of intellectual assets, such as patents, emblems, copyrights and commercial designs, each of which plays a key position in specific economic sectors.

First, highbrow property rights are necessary to encourage innovation and creativity. By giving creators and inventors distinct rights to their creations and inventions, highbrow belongings regulation creates a legal framework that encourages individuals and agencies to make investments time and assets in developing new merchandise, techniques and works of artwork. Such legal safety guarantees that inventors and creators can benefit financially from their work, motivating persisted innovation and funding inside the knowledge-based totally economic system. In India, this is specifically vital because of the u .S .A .’s growing reputation as a center for technical and clinical research and development. Strong intellectual property safety can assist Indian businesses compete globally by using protective their innovations from unauthorized use.

Second, highbrow belongings rights are crucial for economic boom and attracting overseas investment. Multinational groups and foreign buyers are more likely to invest in international locations where their intellectual assets rights are correctly included. Strong highbrow property legal guidelines reduce the dangers of highbrow assets theft and piracy and provide a secure surroundings for groups to operate. The implementation of comprehensive highbrow assets rights guidelines in India has helped appeal to overseas direct investment and promote global trade family members. For example, sectors including prescribed drugs, records generation and amusement have seen massive growth, in part because intellectual assets rights are well blanketed. This flood of funding now not only stimulates the financial system, but additionally leads to job creation and technological development.

In addition, the Intellectual Property Rights Act performs a key function in shielding the hobbies of customers.

Current landscape:

Major IP law in India:

India has evolved a complete framework for the safety of intellectual assets rights contained in numerous vital statutes managing distinctive varieties of highbrow assets rights. These laws sell surroundings of innovation and creativity and play a key role in the monetary and cultural improvement of the country.

The Patents Act, 1970 as amended by means of the Patents (Amendment) Act, 2005 is the cornerstone of India’s intellectual assets rights system that governs the protection of inventions. That regulation presents the prison framework for the granting of patents, which give inventors one-of-a-kind rights for a constrained length, typically twenty years from the date of software, permitting them to control the use and advertising in their innovations. The amendments delivered the Indian patent law in step with global requirements beneath the TRIPS Agreement, allowing better protection for pharmaceutical and biotechnological inventions and also such as provisions for compulsory licenses to make sure availability of critical drugs.

The Trade Marks Act, 1999 protects the identity of alternate marks through change mark registration and enforcement. This Act replaced the Trademarks and Trademarks Act 1958 and offers comprehensive guidelines for the registration of logos, carrier marks and collective marks. Trademarks registered beneath this Act have exclusive rights that assist companies differentiate their items and offerings from those of others and consequently construct and hold a brand image. The regulation also includes provisions to combat fraud and counterfeiting, which protect customers and preserve market integrity.

The Copyright Act, 1957 and next amendments apply to the protection of unique literary, dramatic, musical and artistic works in addition to to movement images and sound recordings. This regulation gives authors and creators the distinct right to replicate, distribute, present and display their works. Copyright protection is important to India’s vibrant cultural and innovative financial system, which include the film, song and publishing industries. The legislative amendments additionally sought to harmonize Indian copyright with global treaties together with the Berne Convention and the WIPO Copyright Convention, thereby strengthening the protection of virtual content material inside the Internet age.

Case Studies and Example

Notable IP dispute and resolution:

Intellectual property disputes in India have regularly acquired large attention, highlighting the converting nature of intellectual assets regulation and its important position in defensive innovation and innovative works. These conflicts now not only set precedents, however also highlighted the importance of a robust felony framework and effective enforcement mechanisms. Here are a few first rate highbrow property disputes and their resolutions in India:

Novartis AG v. Union of India and Others (2013)

Background: One of India’s maximum distinguished IPR disputes concerned the Swiss pharmaceutical enterprise Novartis AG looking for a patent for its anticancer drug Glivec (imatinib mesylate). The Indian Patent Office rejected the software in view that the drug become a brand new form of a recognized substance and did not meet the efficacy criteria set out in Section 3(d) of the Indian Patents Act.

Decision: The Supreme Court of India upheld the rejection and ruled that Glivec changed into not eligible for a patent beneath Indian law. The decision emphasised the want to balance patent safety with the pastimes of public fitness and make certain the continued availability of life-saving drugs. This landmark judgment reaffirmed India’s stance on preventing patent “evergreening” and prioritizing the production of generics.

Samsung Electronics Co. Ltd. V. Kapil Wadhwa et al (2012)

Background: Samsung Electronics filed a lawsuit towards Kapil Wadhwa for uploading and promoting Samsung printers bought in India at charges lower than the worldwide marketplace. Samsung claimed that those parallel imports infringed its trademark rights.

Decision: The Delhi High Court dominated in favour of Samsung and stated that the unauthorized importation of goods bearing the registered trademark constituted trademark infringement. The courtroom emphasised the importance of protective trademark rights against parallel imports so that it will maintain the first-rate and popularity of branded products.

Perry Ellis International Inc. Vs. Royal County of Berkshire Polo Club (2016)

Background: This dispute concerned a hallmark infringement case in which the Perry Ellis International style logo International sued the Royal County Polo Club of Berkshire for using a logo that intently resembled the Perry Registered trademark of Ellis.

Decision: The Delhi High Court granted Perry Ellis an injunction stopping the Royal Berkshire Polo Club from using the arguable emblem. The court’s decision emphasized the importance of shielding brand identification and preventing purchaser confusion in the marketplace.

This article has been written and submitted by prachitomar student of BA.(hons)eng  at Jaipur national university, Jaipur

Leave a Reply