Saturday, 28 May 2022

origin of IPR

                               ORIGIN & HISTORY OF COPYRIGHT

Authors & painters given exclusive rights to publish books & other material. The motive behind giving copyright was not to protect the author’s right but to raise the revenue for the government & to give control to the government for controlling publications. Government control over publications could allow them to control protests, revolutionary movements, mutinies, etc. The statue of Anne was passed in 1710, which recognized that such copyright ideas should have limited duration and the lapse of duration the work would be pass into public domain. 

Copyright introduced in India in the year 1847 by East India Company. At that time, the term of copyright was for 42 years along with 7 years post-mortem. In 1914 India enacted a new copyright law which was similar to United Kingdom copyright act, 1911. The copyright act, 1957 enacted in order to suit provision of Berne Convention.  The present copyright law is governed by copyright act, 2012. 

                                 ORIGIN & HISTORY OF PATENTS

The origin of patent dated back to 1331, when King Edward III (England) providing king’s protection through patent. It was given to the Flemish weaver of woolen clothes and was allowed by the monarch to exploit his invention & conduct trade on woolen clothes in England. He also got the right to teach his weaving technique to people by his choice. Patent honed with time, patent used mostly for raising money for the crown and was abused most of the time. It will resulted into creating monopolies over particular industries. The issue of monopolies created conflict between Parliament & crown, which is finally settled in 1601. The power to administer patent would be given to the common law court. 

Patents were introduced in 1856 in India with the objective to encourage invention. The present Patent law in India is governed by Patent act, 1970. 

                       ORIGIN & HISTORY OF TRADEMARK

Trademarks have been used since 13th century in England. However the origin of 1st modern trademark law is dated back in the year 1857 in France. The oldest registered trademark in United Kingdom was in the year 1876, the Brass Brewery’s Label which had 3 triangles in its logo. According to trademark law nobody has any right to represent his goods as the goods of somebody else & nobody has the right to pass off his goods as the goods of somebody else where a person gained reputation by putting his marks on a product made by him was used by another to deceive and make profit. 

India introduced its 1st trademark act in 1940 which was borrowed from the British Trademark Act, 1938. The present trademark law is governed by Trademark Act, 1999. The main objective of the act is to protect the business, trade & goodwill of the owner & protect the owner from disorder & duplication of mark in the competition. 

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