2. What is Intellectual Property Right
Intellectual Property Rights (IPR) refer to the legal rights that
protect the creations of the human mind and intellect. These
rights grant creators, inventors, and owners exclusive rights
to their intellectual creations, which can include inventions,
literary and artistic works, symbols, names, and images
used in commerce.
3. There are several types of Intellectual Property
Rights such as:
1.Copyright
2.Trademark
3.Patent
4.Trade Secret
5.Industrial Design Rights
6.Plant Variety Rights
7.Geographical Indications
8.Utility Models
4. COPYRIGH
T
COPYRIGHT ACT,
1957
Copyright: Copyright protects
original literary, artistic, and musical
works. This includes books, music,
paintings, films, and software. It
gives creators the exclusive right to
reproduce, distribute, and display
their work for a certain period,
typically the creator's lifetime plus
50 to 70 years.
5. TRADEMA
RK
TRADEMARKS ACT,
1999
Trademark: Trademarks protect
distinctive signs, symbols, names,
and logos used to identify goods and
services in commerce. They help
consumers distinguish between the
products and services of different
companies. Trademarks can be
renewed indefinitely as long as they
are actively used and protected.
6. PATEN
T
PATENT ACT,
1970
AMENDED IN
2005
Patent: Patents provide inventors with
exclusive rights to their inventions for a
specified period, usually 20 years from
the filing date. During this time, others
are prohibited from making, selling, or
using the patented invention without the
inventor's permission. In exchange for
this protection, inventors must publicly
disclose the details of their invention.
7. TRADE
SECRET
Trade Secret: Trade secrets are
confidential and proprietary information
that provides a business with a
competitive advantage. This can
include manufacturing processes,
formulas, customer lists, and
marketing strategies. Unlike other
forms of IPR, trade secrets are
protected as long as they remain
secret.
8. INDUSTRIAL
DESIGN
RIGHTS
Industrial Design Rights: Industrial
design rights protect the visual
design and aesthetic aspects of a
product, such as its shape, surface,
or ornamentation. This is particularly
important in industries like fashion
and product design.
9. PLANT VARIETY
RIGHTS
THE PROTECTION OF
PLANT VARIETY AND
FORMERS RIGHT ACT,
2005
Plant Variety Rights: These rights
protect new plant varieties created
through selective breeding or
genetic modification, ensuring that
the breeder has exclusive rights to
produce and sell these varieties for
a specific period.
11. UTILITY
MODELS
Utility Models: These rights are
similar to patents but typically
protect incremental innovations and
offer shorter protection periods.
12. Intellectual Property Rights are essential because they
encourage innovation and creativity by providing legal
protection and financial incentives to creators and
inventors. They also help safeguard the interests of
businesses and individuals in the competitive marketplace
by preventing unauthorized use or reproduction of their
intellectual property. However, the balance between
protecting these rights and promoting the free exchange of
ideas and information is an ongoing debate in many legal
systems.
13. Anil Kumar Prajapati
Assist. Professor of Computer Science
Govt. SVBP Govt. College Nalkheda,
Dist. Agar Malwa, Madhya Pradesh
Email:
anilprajapatiujjain@gmail.com