Intellectual Property Rights

Q: What is Intellectual Property Rights? Can anybody explain the terms?

Shalini Parikh, Mumbai

26th August 2015

Legal in Mumbai

intellectual property rights

patents

trade marks

copyrights

industrial property

trademark act 1999

copyrights act 1957

patents act 1970

literary & artistic works

intellectual properties

Follow Discussion

Also see discussions for

Mumbai Legal Legal in Mumbai

Replies (4)

But one should keep in mind that an invention patentable if 1) new, 2) useful, 3) not obvious ans 4) relates to patentable subject matter.

Remember, that an invention describes a process or product or both, involves an inventive step, be capable of industrial application and a machine.

Term of the Patent is 20 years from the date of filling for all types of inventions, priority date first to file, the date of patent is the date of filing the application for patent. The term of the Patent is counted from this date.

Bikram, Mumbai

26th August 2015

Comment

Thanks for the detail information Bikram,
Then what is the meaning of Trademarks and when does it use?

Priyadarshini, Pune

26th August 2015

Good question!!!!!
A trademark is a sign capable of differentiate the goods or services of one enterprise from those of other enterprises. In ancient times when craftsmen used Trademarks to put their signature or "mark" on their products.

Bikram, Mumbai

26th August 2015

@Somsh,
There are 3 major Intellectual Property :- 1) Functional and Technical Inventions:- controlled by patents Act, 1970 which was amended in 1999 and 2005.

2) Purely Artistic Works:- controlled by Copyrights Act,1957 and was amended in 1982, 1984, 1992,1994 and 1999.

And 3) A symbol, logo, word, sound, color, design etc. controlled by Trademark Act, 1999 and was amended in 1994,1996 and 2000.

Aneek Das,

26th August 2015

Comment

Thanks Aneek,
What is Copyright? which are the works covered under Copyright?

Priyadarshini, Pune

26th August 2015

Well Priya.....
Copyright is a legal term used to describe the rights that creators have over their literary and artistic works.

Works covered by copyright range from books, music, paintings, sculpture and films, to computer programs, radio/tv programs, databases, advertisements, maps and technical drawings.

Aneek Das,

26th August 2015

Right Aneek,
Similarly, a Patent is an individual right granted for an invention. Generally, a patent provides the patent owner with the right to decide how or whether the invention can be used by others. In exchange for this right, the patent owner makes technical information about the invention publicly available in the published patent document.

Somesh Venkatesh, Bangalore

26th August 2015

I am agree with all the above statement made......
It is a property that arises from the human intellect. In other words you can sat that a product of human creation. It comprises 2 distinct forms. 1) Literary & Artistic Works and 2) Industrial Property.

Somesh Venkatesh, Bangalore

26th August 2015

Comment

Hey Somesh,
I want to know clearly that which are Literary and Artistic Works and Industrial Property? How are they protected?

Priyadarshini, Pune

26th August 2015

Hello Priya,
Literary & Artistic Works are books, paintings, musical compositions, plays, movies, radio/tv programs, performances and other artistic works.

Industrial Property:- It describes physical matter that is the product of an idea or concept of commercial purposes.

They are protected by 1) Patent, 2) Trademarks, 3) Industrial Designs, 4) Trade Secrets, 5) Layout designs and 6) Geographical Indications.

Somesh Venkatesh, Bangalore

26th August 2015

Good morning Shalini!!!
Intellectual property rights are the rights given to persons over the creations of their minds. They usually give the creator an individual right over the use of his/her creation for a certain period of time. The importance of Intellectual Property Rights in India is well established at all levels whether it is statutory, administrative and judicial.

Intellectual property rights are usually divided into 2 main areas :- 1) Copyrights and 2) Industrial Property.

Aneek Das,

26th August 2015

Comment

Right Aneek......
There are many big and small intellectual property law firms world wide, like in India, USA, UK, Chicago etc. providing fair help to inventors and creators of product.

In India intellectual property rights are safely protected and controlled by well established statutory and judicial system. Apart from that, there are many attorneys and law firm of intellectual property in many states of India.

Rahul Kumar, Delhi

26th August 2015