This article has been written by Ambar Kumar Dubey, a Law Graduate from St.Andrews College, Gorakhpur.

INTRODUCTION

Man gives birth to many inventions and creation with his knowledge. He also has full rights over those invention and creation, but the protection is also needed to it. This is where it all starts. The World Intellectual Property Organization (WIPO), an agency of the United Nations, was established when the debate intensified in the world on how to protect intellectual property rights. Due to the efforts of this organization, the IP law gains prominence. Intellectual property consists of ideas, inventions and creative expressions based on which there is a public willingness to bestow the status of property. It gives certain rights to the creators and inventors to get the commercial benefits and reputation in the market. Intellectual property includes the three types of property i.e., Patent, Copyright, Trademark. A Patent is a form of industrial property or as it is now called intellectual property. Owner has the right to sell it. A patent granted in one state cannot be enforced in another state.

The invention should not have been made public anywhere in the world. Copyright law is a law which is concerned with the negative right of preventing copying of physical material existing in the field of literature and the arts. The Indian Patent Act was first enacted in the year 1911 in India. After independence the Patent Act was enacted in the year 1970 and it was implemented from the year 1972. Finally, Patents (Amendment) Act 2005. As per this amendment Product patent was extended to all areas of technology. For example, it was expanded in the field of food, pharmaceutical manufacturing materials etc. While a trademark is a visual symbol in the form of a device, word or a label. A trademark may be in the form of a word or a group of words, letters or numbers. Trademark is defined in the Trademarks Act, 1999. Intellectual property protects rights related to Patent, Copyright and Trademark. Copyright covers books, paintings, sculptures, movies, music, computer programs, databases, advertisements, maps and technical drawings. Intellectual property plays a crucial role in our economy. So, it is very important to protect the knowledge from unlawful use. Though, in this way it aids to the economical boost of a country.

The first effort for protection of industrial property held on 20th March,1983 in the Paris Convention. So it is very well cleared that the intellectual property rights are rights related to the property. The word intellectual denotes to the human intellect i.e., human mind. The intellectual property is standing on the two pillars i.e., first, it includes statutory provisions which holds it strong and second one is encouraging fair trade, contributing to the economy and social development. Its exclusive right makes it valuable and the top priority is its ownership. It has to be protected at international and national level both. There are various legal documents, agreements and organizations which protects the intellectual property globally. Sometimes, at international level some issue arises during its licensing and registration. That’s why the international conventions and agreements helps to solve it. The very first treaty on intellectual property was the Paris Convention. The TRIPs agreement was one of the important Agreement which lays down minimum standard for intellectual property rights, significant in getting medical items.

The objective is to promote innovation, technology transfer and to increase the access. Intellectual property refers to morally and commercially valuable intellectual creation. The grant of intellectual property rights should not be taken to mean that only and only its creator will have the right forever and ever. It is necessary to mention here that intellectual property rights are given in view of a fix time period and a fixed geographical area. Due to lack of knowledge in rural areas farmers are suffering, they do not know which variety is covered under patent and which is not. In such a situation, there is often a clash between corporates and farmers. Present is related to the artificial intelligence. Now machines also work as similar to humans. In such condition, if we create or invent anything then the machine will get patents in their own name. To create awareness among all sections of the society about the economic, social and cultural benefits of intellectual property rights. To promote the creation of intellectual property rights. For India to sustain this growth, india still needs to do more to bring about transformational changes in its overall intellectual property architecture. Not only this, serious steps are also needed to be taken for the continuous implementation of strong intellectual property standards. The Industrial development Organization of the UN has proved through one of its studies that economic development has taken place faster in countries where the intellectual property rights system is well organized. Therefore, there is an urgent need for improvement here. India needs to streamline the ‘Controller General of Patents, Designs Trademarks and Geographical Indications’. Although at a slower pace, India has registered an overall increase in its ranking compared to any other country.

There are not much similarities between the Patent, Copyright and Trademark

.Firstly, all the three are part of the Intellectual Property ; or

.Secondly, having exclusive rights to its owners in case of its uses, production, sale, distribution, and other related aspects ; or

.If owners want to prohibit use of its creation then they can do so, through the licensing of their products ; or

Owners allows the use of their products when they thinks it fit ; or

In all cases the creator and owner can sue a person who violates their exclusive rights ; and

Owners get the royalty when someone wishes to use the owner’s registered or licensed products.

There are some differences in between Patent, Copyright and Trademark-

The patents govern with The Patents Act, 1970, copyright governs with The Copyright Act, 1957 while Trademark governs with The Trademarks Act, 1999.

Patents includes the inventions such as medicinal drugs in pharma industry or any technical invention. Copyright includes the creativity works such as artistic works, music writing and composing while Trademark is just a sign, word or any type of symbol.

Patent industry includes machinery inventions, copyright includes script writing, movie making, lyrics etc., while Trademark is a logo for example Audi’s car logo.

.The term of patent in India is between 5 to 14 years. According to TRIPs agreement it is 20 years. The term for copyright may vary from field to field but it is 60 years from date of publishing. Trademark term period is 10 years.

Conclusion-

Over the decade there is a huge rise in the intellectual property matter. Each and every business enterprise needs exclusive rights in their business and they can do so with the help of intellectual property law related to Patent, Copyright and Trademark. Intellectual property law helps to promote the product and also provides a better royalty or incentive. Every business is depending upon it. Awareness programme related to IP law must need to be conducted to aware more and more people, so they can protect their business rights.

References-

Book by DR. M.K. BHANDARI

http://www.ncbi.nlm.nih.gov/pmc/articles/PMC3217699//

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