The document discusses various aspects of intellectual property rights in India. It covers the meaning and classification of intellectual property rights including copyright, trademarks, patents, geographical indications, and industrial designs. It provides details on the governing statutes for copyright, patents, trademarks, designs, and geographical indications. The key protection mechanisms under Indian law include both civil and criminal liability for registered and unregistered intellectual property rights.

1. INTELLECTUAL PROPERTY RIGHTS A PRIMER By Vishwaranjan

2. INTELLECTUAL PROPERTY RIGHTS MEANING – Grant of exclusive rights for a certain period over intangible assets created through human skill, intelligence, labour and effort CLASSIFICATION OF IPR – Copyright © Trademark TM/SM/® Patent Geographical Indications Industrial Design Trade Secrets

3. COPYRIGHT Literary/Dramatic/Musical/Artistic Work Computer Programs/Software are literary works and covers – Algorithms and Source Codes Cinematograph Films including Sound Tracks Recording on disc, tape, perforated roll or other device Protection for the expression of an idea and not for the idea itself Protection starts from the moment an original work is created No formal registration is required for claiming protection Fair Use provisions

4. TRADE MARKS A distinctive, non – descriptive sign, identifies certain goods/services produced/provided by a specific person or enterprise. Trademark may be – One or Combination of Words/Letters/Number Drawings/Symbols/Three Dimensional Signs Classification of Goods/Services offered Well known Mark Associated Trademarks Service Marks Certification Marks

5. PATENTS Invention of a new product or process involving an inventive step and capable of industrial application. Essentials: - Novelty - Inventiveness (Non – Obviousness) - Usefulness Non – patentable inventions

6. IPR PROTECTION MECHANISM IN INDIA SALIENT FEATURES In conformity with International standards and as amended from time to time, the Indian laws provide for both civil and criminal liability; Protection available to both registered as well as unregistered IPRs through civil suits, temporary / permanent injunction, arrest, penalty, damages, compensation etc.; Criminal remedy more effective than civil proceedings; Signatory to International Convention & treaties, i. e. Berne Convention, 1886 for protection of Literary and Artistic Works - copyright; Paris Convention, 1883 for protection of patents, trademarks, designs, etc; Patent Cooperation Treaty (PCT); TRIPS; WPPT 1996 etc.

7. GOVERNING STATUTES & TERM OF PROTECTION Copyright Act, 1957 – Lifetime + 60 yrs., for Natural entity and 50 yrs. from publication for Artificial Entity; 25 years for broadcasting. Patents Act, 1970 – 20 year, Trademarks Act, 1999 – 10 year, renewable; Designs Act, 2000 - 10 year + 5 year extension; Geographical Indications of Goods (Registration and Protection) Act,1999 – 10 Years; Protection of Plant Variety & farmer’s Right Act, 2000 – Maximum 18 years; Semiconductor Integrated Circuits Layout Design Act, 2000, 10 year.

8. COPYRIGHT AND ITS PROTECTION Protects copyright owners from piracy and infringement of copyrights. Criminal Remedy - Minimum jail term of seven days which can be extended up to 3 years and fine ranging from Rs. 50,000/- to Rs. 2,oo,ooo/- Provided under Section 55 of the Act, Civil Remedies include Injunction, Damages or accounts of Profit, Delivery up of infringing copies Damages for conversion Section 64 empowers Police to Seize infringed copyright material

9. TRADE MARKS AND ITS PROTECTION Trade Marks Act, 1999 awards both civil and criminal remedies For registered Trade Mark, civil remedy include Suits for infringement under Section 134 Injunction under Section 135 For unregistered Trade Mark, Action for Passing Off can be instituted. The tort of Passing off reputation, deception and damage. Similarly, suit for damages and for rendition of Accounts can also be instituted

10. SNAPSHOT OF LEGAL PROVISIONS PROTECTION OF PATENTS Criminal liability : penalties available under Section 118 Contravention of Secrecy provisions relating to certain inventions in cases relating to infringement of Patents Failure to comply with Section 35, is punishable with imprisonment for a term which may extend to two years or with fine or both. PROTECTION OF DESIGNS : Civil Remedies against infringement of Copyright in a design area an injunction, damages or Compensation and delivery up of infringing articles. No Provision for criminal proceedings against piracy of designs. Unregistered design can be protected under Copyrights Act.