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Written by: GAURAV SOROUT
The word intellectual meaning creativity or mind and the other word property stands for an asset or the bundle of rights. The word ‘right’ meaning the power to use, sell, destroy the object, etc. intellectual property is the creation of the human intellect mind. Intellectual property is the exclusive right to commercially exploit the property. For example, Z wrote a book he has the right to print book, sell the book, and make a new edition of the same book if Z writes a new novel now he has the intellectual right over that novel because the novel of Z is his intellectual property because has written this book with his own thoughts and from his own. With the views so this becomes his intellectual property. The publisher publishes the book in the market and now the author gets payment as royalty from the publisher. Intellectual property is a design, a design, an invention, a manuscript, etc. Right of an inventor to derive economic benefits from his intellectual property this right is called Intellectual Property Rights (IPR).
TYPES OF INTELLECTUAL PROPERTY
➢ COPYRIGHT- A simple bunch of rights in certain creative material, such as artwork, music program, sound recording, and films are the rights of the owner. He has the right to control his work and to see how his work is being used and we cannot claim copyright on knowledge because copyright can only be claimed on creativity. The Copyright Act, 1957[i] is applicable in India since January 21, 1958, and it has been amended six times since independence.
➢ PATENT- The patent is a right granted to an inventor of a person that allows the excluding the other persons from using his invention, selling, or making their invention for 20 years It is the right granted to an invention of something that previously was not in existence. For example, the vaccines which were developed during the Covid 19 pandemic were given a patent. The patent can be claimed on invention and not on discovery and there is a difference between patent and discovery. Discovery means something which is already there and now something new has come in the same thing. It is an act of finding out something new. This came under the patents act 1970[ii] and was amended in 1999 and 2002.
➢ TRADEMARK- Trademark is a symbol or words that are legally registered and represent a firm or a company. It includes signs, symbols, taglines, and logos which prove the identity of a company or firm is called a ‘trademark’. The act came into force on September 15, 2003.
INTELLECTUAL PROPERTY IN INDIA
Copyright
Patent
Trademark
Industrial design
Plant varieties
Data protection
Information technology and cyber-crimes.
NATURAL RIGHT THEORY
It is also known as labour theory or ‘Locke’s theory’
A person has the natural right to fruits of his/her vegetables.
Everyone has the property right over his/her labour. Those are rights that are undeniable and can never be taken or even parted with. Among these basic regular rights, Locke said, are "life, freedom, and property." Locke accepted that the most fundamental human law of nature is the safeguarding of humankind. To fill that need, he contemplated; people have both a privilege and an obligation to save their own lives. Killers, nonetheless, relinquish their entitlement to life since they act outside the law of reason. Locke likewise contended that people ought to be allowed to settle on decisions about how to lead their own lives as long as they don't interfere with the freedom of others. Locke, consequently, accepted freedom ought to be broad.
Personality Theory
Hegel propounded this theory
It safeguards personal freedom of expression.
He should have the right when his work would be introduced in public and how.
Utilitarian theory
Utilitarian means socially beneficial. Intellectual property rights exist because they create a better economic effect on society. Society should take care of its creators because the ultimate beneficiary is society. By definition, this hypothesis depends on how modern advancement and social merchandise benefit the general public. Thus, to advance the developments and inventions, the nominal necessities assurance that the result will be better than the expenses of his work. The word utilitarian means socially beneficial for society. IPR exists because it creates beneficial and better economic effects on society and what society can do in return is society should take care of its creators because the ultimate beneficiary from this is the society only.
The ethics and reward theory
This hypothesis legitimizes the elite privileges of intellectual property with some good and moral viewpoint. The exclusive rights are ‘ an expression of gratitude to the author to do more than the society expects or feels that they are obliged them to do. But this theory that the inventor could benefit more than his amount of hard work in the initial period and letting him keep the rights for a longer period of time and in huge.
HISTORY OF INTELLECTUAL PROPERTY RIGHTS IN INDIA
HISTORY OF PATENT
The first enactment in India identifying with patent was the Act VI of 1856. The goal was to urge creations and to instigate innovators to reveal the mystery of their developments. Afterward, to give selective advantage, a new enactment was presented as Act XV of 1859. Notwithstanding, in 1872, the demonstration was renamed The Patterns and Designs Protection Act[iii]. The demonstration stayed in power for a very long time with just 1 alteration in the year 1883. The Indian Patents and Design Act supplanted every one of the past laws in India. In this demonstration, arrangements identifying with the award of mystery licenses, patent expansion, and an increment of the term of patent from 14 years to 16 years were made.
HISTORY OF COPYRIGHT
Copyright law entered in the year 1847 in India through an establishment during the system of the East India Company. Around then, the term of the copyright was for a very long time in addition to 7 years posthumous. The public authority could allow a necessary permit for distributing a book if the proprietor of the copyright, upon the demise of the writer, denied its distribution. Enrollment of Copyright was required to uphold rights under this demonstration. In 1914, the then Indian governing body established another Copyright Law under the British Raj, which was like United Kingdom Copyright Act, 1911.
HISTORY OF TRADEMARK
India arranged the primary demonstration identified with brand names as Trademark Act, 1940 which was acquired from the British Trademark Act, 1938. Further, post-freedom the Trade and Merchandise Act, 1958[iv] was sanctioned. Different revisions were made until 30th December 1999, when the Trade Mark Act, 1999[v] was established, which is now utilized in India. The two key requirements satisfied under this demonstration are-
a) Shield the proprietor from turmoil and guile of imprints by contenders.
b) Secure brand name proprietor's business and exchange and generosity added to the brand name.
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