Saturday, 28 May 2022


 IPR Law

By Shagun Mahendroo

People are in charge of inventing new things. Inventing new things and offering a new idea, structure, shape, and size to a new object are all done by intelligent people. If they create something new, it's understandable that they won't want anyone else to replicate it. People tend to duplicate things and try to work and profit on someone else's concept and production because there is competition in every area.

A new legislation known as intellectual property rights was enacted to put an end to this activity. Intellectual Property Rights (IPR) is a legal term that refers to a set of rules under which each seller and manufacturer has their own rights to an item.

Copyright: The name simply refers to this privilege, as it is evident that it is a right to imitate someone else's name or something. In India, copyright protection is available for all types of works, including literary, theatrical, musical, sound recording, and artistic works. Under the Copyright Act of 1957, such works are eligible for registration. In a nutshell, an author's copyright in a work can be easily recognised even without registration, which is why it is recommended that the work be registered as a first work to serve as copyright proof in a court of law.

In the case of copyright infringement, the owner is entitled to injunctions, damages, and accounting.

Copyright in a literary, theatrical, musical, or artistic work (other than a photograph) that is said to be published within the author's lifetime is necessary, or can be extended for fifty years from the author's lifetime. An Amendment Bill was enacted to allow for the extension of the copyright period, which is now set at 25 years to 50 years thanks to a TRIPS agreement. The fundamental goal of the amendment was to preserve original work in the fields of satellite transmission, computer software, and digital technology.

Trademarks: The Trade and Merchandise Marks Act, 1958, governs the legislation in relation to trade marks. Under trade mark regulations, a new mark for any product, name, or symbol that is distinct from others can be registered. In the event that trademarks are damaged, various statutory remedies such as injunctions and damages are available. If the dealer or owner of the trade mark wishes to delegate the task to someone else, it is quite permissible to do so in the case of an unregistered mark in specific situations.

The following are the major changes:

The definition of 'mark,' which was once limited to a few elements, has now been broadened to include a wide range of items, such as the shape of goods, packaging, and product colour combinations. 

Mark of Services, which were previously permitted, are no longer permitted for registration purposes.

'Mark' who is well-known: This means that a product with a similar mark that is currently on the market will be considered a copy and will not be registered under the Trade Marks Act.

The registration period was formerly set at seven years, but it has now been extended to ten years.

Applications for multiple-class registration: In this case, applicants would only be able to file a single application to register their trademark.

Infringement of a trademark is a legal term that refers to when someone uses someone else's trademark. Any illegal trademark practise will be treated more severely than under the prior Act.

Patents: India discovered the protection for the product's safety. The right pertains to areas such as food, chemicals, and pharmaceuticals, which are subject to the Patents Act of 1970 for a term of 14 years. The Patents Act was passed in 1999, but once the GATT agreement was amended and signed, it was altered to the Patents Act of 1970 to comply with the Trade TRIPS Agreement. All product patents would be able to be filed with a regulatory authority under the new law. Exclusive Marketing Rights (EMRs) have been given for five years or until the patent is approved or denied, whichever comes first.

Industrial Design: Many designs and parts of machines are designed in the industry, and to safeguard the design of the same, a law called The Designs Act, 2000 was enacted, which protects particular designs. The Designs Act of 2000, which took effect in May 2001, allows an applicant to file for registration in multiple classes. However, you may only register for one class at a time. In addition, full design classification has been added in accordance with the international regime. The design's copyright is granted for a period of ten years from the date of registration.

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