Intellectual Property: In law, intellectual property (IP) is an umbrella term for various legal entitlements which attach to certain

types of information, ideas, or other intangibles in their expressed form. The holder of this legal entitlement is generally entitled to exercise various exclusive rights in relation to the subject matter of the IP. The term intellectual property reflects the idea that this subject matter is the product of the mind or the intellect, and that IP rights may be protected at law in the same way as any other form of property. Intellectual property laws vary from jurisdiction to jurisdiction, such that the acquisition, registration or enforcement of IP rights must be pursued or obtained separately in each territory of interest. However, these laws are becoming increasingly harmonized through the effects of international treaties such as the 1994 World Trade Organization (WTO) Agreement on TradeRelated Aspects of Intellectual Property Rights (TRIPs), while other treaties may facilitate registration in more than one jurisdiction at a time. Certain forms of IP rights do not require registration in order to be enforced.

Types of intellectual property

Copyrights and related rights Trade Marks Geographical Indications Industrial Designs Lay out Designs of Integrated Circuits Protection of Undisclosed Information (Trade Secrets) Patents Plant varieties

COPYRIGHTS Indias copyright law, laid down in the Indian Copyright Act, 1957 as amended by Copyright (Amendment) Act, 1999, fully reflects the Berne Convention on Copyrights, to which India is a party. Additionally, India is party to the Geneva Convention for the Protection of rights of Producers of Phonograms and to the Universal Copyright Convention. India is also an active member of the World Intellectual Property Organisation (WIPO), Geneva and UNESCO. The copyright law has been amended periodically to keep pace with changing requirements. The recent amendment to the copyright law, which came into force in May 1995, has ushered in comprehensive changes and brought the copyright law in line with the developments in satellite broadcasting, computer software and digital technology. The amended law has made provisions for the first time, to protect performers rights as envisaged in the Rome Convention Several measures have been adopted to strengthen and streamline the enforcement of copyrights. These include the setting up of a Copyright Enforcement Advisory Council, training programs

for enforcement officers and setting up special policy cells to deal with cases relating to infringement of copyrights. TRADE MARKS Trade marks have been defined as any sign, or any combination of signs capable of distinguishing the goods or services of one undertaking from those of other undertakings. Such distinguishing marks constitute protectable subject matter under the provisions of the TRIPS Agreement. The Agreement provides that initial registration and each renewal of registration shall be for a term of not less than 7 years and the registration shall be renewable indefinitely. Compulsory licensing of trade marks is not permitted. Keeping in view the changes in trade and commercial practices, globalisation of trade, need for simplification and harmonisation of trade marks registration systems etc., a comprehensive review of the Trade and Merchandise Marks Act, 1958 was made and a Bill to repeal and replace the 1958 Act has since been passed by Parliament and notified in the Gazette on 30.12.1999. This Act not only makes Trade Marks Law, TRIPS compatibility but also harmonises it with international systems and practices. Work is underway to bring the law into force. GEOGRAPHICAL INDICATIONS The Agreement contains a general obligation that parties shall provide the legal means for interested parties to prevent the use of any means in the designation or presentation of a good that indicates or suggests that the good in question originates in a geographical area other than the true place of origin in a manner which misleads the public as to the geographical origin of the goo. There is no obligation under the Agreement to protect geographical indications which are not protected in their country or origin or which have fall en into disuse in that country. A new law for the protection of geographical indications, viz. the Geographical Indications of Goods (Registration and the Protection) Act, 1999 has also been passed by the Parliament and notified on 30.12.1999 and the rules made thee under notified on 8-3-2002. PATENTS The basic obligation in the area of patents is that, invention in all branches of technology whether products or processes shall be patentable if they meet the three tests of being new involving an inventive step and being capable of industrial application. In addition to the general security exemption which applied to the entire TRIPS Agreement, specific exclusions are permissible from the scope of patentability of inventions, the prevention of whose commercial exploitation is necessary to protect public order or morality, human, animal, plant life or health or to avoid serious prejudice to the environment. Further, members may also exclude from patentability of diagnostic, therapeutic and surgical methods of the treatment of human and animals and plants and animal other than micro-organisms and essentially biological processes for the production of plants and animals. The TRIPS Agreement provides for a minimum term of protection of 20 years counted from the date of filing.

India had already implemented its obligations under Articles 70.8 and 70.9 of TRIP Agreement. A comprehensive review of the Patents Act, 1970 was also made and a bill to amend the Patents Act, 1970 was introduced in Parliament on 20 December, 1999 and notified on 25-6-2002 to make the patent law TRIPS compatible. Intellectual Property:

In law, intellectual property (IP) is an umbrella term for various legal entitlements which attach to certain types of information, ideas, or other intangibles in their expressed form. The holder of this legal entitlement is generally entitled to exercise various exclusive rights in relation to the subject matter of the IP. The term intellectual property reflects the idea that this subject matter is the product of the mind or the intellect, and that IP rights may be protected at law in the same way as any other form of property. Intellectual property laws vary from jurisdiction to jurisdiction, such that the acquisition, registration or enforcement of IP rights must be pursued or obtained separately in each territory of interest. However, these laws are becoming increasingly harmonized through the effects of international treaties such as the 1994 World Trade Organization (WTO) Agreement on TradeRelated Aspects of Intellectual Property Rights (TRIPs), while other treaties may facilitate registration in more than one jurisdiction at a time. Certain forms of IP rights do not require registration in order to be enforced.

Types of intellectual property

Copyrights and related rights Trade Marks Geographical Indications Industrial Designs Lay out Designs of Integrated Circuits Protection of Undisclosed Information (Trade Secrets) Patents Plant varieties

COPYRIGHTS Indias copyright law, laid down in the Indian Copyright Act, 1957 as amended by Copyright (Amendment) Act, 1999, fully reflects the Berne Convention on Copyrights, to which India is a party. Additionally, India is party to the Geneva Convention for the Protection of rights of Producers of Phonograms and to the Universal Copyright Convention. India is also an active member of the World Intellectual Property Organisation (WIPO), Geneva and UNESCO. The copyright law has been amended periodically to keep pace with changing requirements. The recent amendment to the copyright law, which came into force in May 1995, has ushered in

comprehensive changes and brought the copyright law in line with the developments in satellite broadcasting, computer software and digital technology. The amended law has made provisions for the first time, to protect performers rights as envisaged in the Rome Convention Several measures have been adopted to strengthen and streamline the enforcement of copyrights. These include the setting up of a Copyright Enforcement Advisory Council, training programs for enforcement officers and setting up special policy cells to deal with cases relating to infringement of copyrights. TRADE MARKS Trade marks have been defined as any sign, or any combination of signs capable of distinguishing the goods or services of one undertaking from those of other undertakings. Such distinguishing marks constitute protectable subject matter under the provisions of the TRIPS Agreement. The Agreement provides that initial registration and each renewal of registration shall be for a term of not less than 7 years and the registration shall be renewable indefinitely. Compulsory licensing of trade marks is not permitted. Keeping in view the changes in trade and commercial practices, globalisation of trade, need for simplification and harmonisation of trade marks registration systems etc., a comprehensive review of the Trade and Merchandise Marks Act, 1958 was made and a Bill to repeal and replace the 1958 Act has since been passed by Parliament and notified in the Gazette on 30.12.1999. This Act not only makes Trade Marks Law, TRIPS compatibility but also harmonises it with international systems and practices. Work is underway to bring the law into force. GEOGRAPHICAL INDICATIONS The Agreement contains a general obligation that parties shall provide the legal means for interested parties to prevent the use of any means in the designation or presentation of a good that indicates or suggests that the good in question originates in a geographical area other than the true place of origin in a manner which misleads the public as to the geographical origin of the goo. There is no obligation under the Agreement to protect geographical indications which are not protected in their country or origin or which have fall en into disuse in that country. A new law for the protection of geographical indications, viz. the Geographical Indications of Goods (Registration and the Protection) Act, 1999 has also been passed by the Parliament and notified on 30.12.1999 and the rules made thee under notified on 8-3-2002. PATENTS The basic obligation in the area of patents is that, invention in all branches of technology whether products or processes shall be patentable if they meet the three tests of being new involving an inventive step and being capable of industrial application. In addition to the general security exemption which applied to the entire TRIPS Agreement, specific exclusions are permissible from the scope of patentability of inventions, the prevention of whose commercial exploitation is necessary to protect public order or morality, human, animal, plant life or health or to avoid serious prejudice to the environment. Further, members may also exclude from

patentability of diagnostic, therapeutic and surgical methods of the treatment of human and animals and plants and animal other than micro-organisms and essentially biological processes for the production of plants and animals. The TRIPS Agreement provides for a minimum term of protection of 20 years counted from the date of filing. India had already implemented its obligations under Articles 70.8 and 70.9 of TRIP Agreement. A comprehensive review of the Patents Act, 1970 was also made and a bill to amend the Patents Act, 1970 was introduced in Parliament on 20 December, 1999 and notified on 25-6-2002 to make the patent law TRIPS compatible. 1.The WTO facilitates the implementation, administration and operation, and furthers the objectives, of this Agreement and the Multilateral Trade Agreements, and also provide framework for the implementation, administration and operation of the Plurilateral Trade Agreements. 2. The WTO provides the forum for negotiations among its members concerning their multilateral trade relations in matters dealt with under the agreements and a framework for the implementation of the results of such negotiations, as may be decided by the Ministerial Conference. 3. The WTO administers the Understandings on Rules and Procedures governing the Settlement of Disputes. 4. The WTO administers the Trade Policy Review Mechanism (TPRM). 5. With a view to achieving greater coherence in global economic policy-making, the WTO cooperates as appropriate, with the International Monetary Fund (IMF) and with the International Bank for Reconstruction and Development (World Bank) and its affiliate agencies.

Four Basic Rules 1. Protection to Domestic Industry Through Tariffs: a. The General Agreement on Tariffs and Trade (GATT) covers international trade in goods. The workings of the GATT agreement are the responsibility of the Council for Trade in Goods (Goods Council) which is made up of representatives from all WTO member countries. GATT requires the member countries to protect their domestic industry/production through tariffs only. b. It prohibits the use of quantitative restrictions, except in a limited number of situations. 2. Binding of Tariffs: The member countries are urged to

a. Eliminate protection to domestic industry/ production by reducing tariffs and removing other barriers to trade in multilateral trade negotiations. b. The reduced tariffs are bound against further increases by listing them in each country's national schedule. c. The schedules are an integrated part of the GATT legal system.

3. Most Favoured-Nation(MFN) Treatment:

a. The rule lays down the principles of non-discrimination amongst member countries. b. Tariff and other regulations should be applied to imported or exported goods without discrimination among countries. c. Exceptions to the rules i.e., regional arrangements subjected to preferential or duty free trade agreements, Generalized System of Preferences (GSP) where developed countries apply preferential or duty free rates to imports from developing countries.

4. National Treatment Rule:

The rule prohibits member countries from discriminating between imported products and domestically produced like goods in the matter of internal taxes and in the application of internal regulations. What is Meant by Intellectual Property? Intellectual property is a right you have on your creations, like a film, a musical composition, an invention, a brand name, etc. Like any other real property, you have the right to own and protect the creations of your mind. Such a right is called intellectual property. If you have an intellectual property (IP) over any of your work or ideas, others need to take your permission before using it. Otherwise you can initiate legal action against such persons. Intellectual property refers to the right over the intellectual work and not the work itself. The work can be either artistic or commercial. The artistic works come under the category of copyright laws, while the commercial ones, also known as industrial properties, are ruled by copyrights, trademarks, industrial design rights and trade secrets. Copyright laws deal with the intellectual property of creative works like books, music, software, painting, etc. Industrial properties cover those created and used for industrial or commercial purposes. As stated earlier, intellectual property is categorized into various types as per the nature of work. The most common types of intellectual property are copyrights, trademarks, patents, industrial design rights and trade secrets. Let us have a brief look at the different types of intellectual property. Copyrights A copyright is a right conferred on the owner of a literary or artistic work. It is an exclusive right to control the publication, distribution and adaptation of creative works. The right lies with the owner-cum-copyright holder for a certain period of time. As time lapses, the work can be republished or reproduced by others. Usually, the timespan of a copyright extends through the entire life of the owner and lasts up to a period of about 50 to100 years after death. In case of

anonymous works, the right lasts for 95 years after publication or 120 years after the creation. Trademarks A trademark is a symbol, which is generally used to identify a particular product, which indicates its source. A trademark can be a combination of words, phrases, symbols, logos, designs, images or devices, used by an individual, legal entity or business organization to distinguish their products from that of others. For example, you can identify the products of Nike Inc., through their logo, which is embossed on their products. Once registered, trademarks are protected legally and the owners can sue persons who use their trademarks. Patents Patents are rights related to new inventions. This right is conferred on persons who invent any new machine, process, article of manufacture or composition of matter, biological discoveries, etc. In order to grant a patent, the invention should fit into the following criteria, which may differ from country to country. In general, the invention must be new, inventive and should be useful or can be applied in industries. The person who receives a patent for his invention has an exclusive right to control others from making, using, selling, or distributing the patented invention without permission. Generally, the time limit of a patent is 20 years from the date of filing the application (for the patent). Industrial Design Rights These rights also come under intellectual property and protect the visual design of objects that are not purely utilitarian, but have an aesthetic or ornamental value. It can refer to the creation of a shape, color, pattern or a combination of all these things. It can be an industrial commodity or a handicraft. The design can be either two-dimensional (based on pattern, colors and lines) or three-dimensional (as per shape and surface). An industrial design right is conferred after considering factors like, novelty, originality and visual appeal. The person who has an industrial design right has the exclusive right to make or sell any objects in which the design is applicable. The right is conferred for a period of 10 to 25 years. Trade Secrets Trade secrets are the designs, practice, formulas, instrument, processes, recipes, patterns or ideas which are used by a company to gain economic advantage over its competitors. The owner of a trade secret does not possess any right over anyone who gains access to that secret independently, but he can prevent the use of trade secret by anyone who has learned it through the owner. For example, an employer can protect trade secrets through contracts with his employees. It differs from other types of intellectual property, because it is the responsibility of the owner to keep the secret and it is not protected through government policies. Once the trade secret is leaked, it can be used by any person. Intellectual property has encouraged people to come up with indigenous creations, as the law protects their right over their respective works. It can also offer some economic aid to the holder of the right, through the monopoly of their creations. Thus, it is very important to respect these rights and restrain from infringing them.

What is Meant by Intellectual Property? Intellectual property is a right you have on your creations, like a film, a musical composition, an invention, a brand name, etc. Like any other real property, you have the right to own and protect the creations of your mind. Such a right is called intellectual property. If you have an intellectual property (IP) over any of your work or ideas, others need to take your permission before using it. Otherwise you can initiate legal action against such persons. Intellectual property refers to the right over the intellectual work and not the work itself. The work can be either artistic or commercial. The artistic works come under the category of copyright laws, while the commercial ones, also known as industrial properties, are ruled by copyrights, trademarks, industrial design rights and trade secrets. Copyright laws deal with the intellectual property of creative works like books, music, software, painting, etc. Industrial properties cover those created and used for industrial or commercial purposes. As stated earlier, intellectual property is categorized into various types as per the nature of work. The most common types of intellectual property are copyrights, trademarks, patents, industrial design rights and trade secrets. Let us have a brief look at the different types of intellectual property. Copyrights A copyright is a right conferred on the owner of a literary or artistic work. It is an exclusive right to control the publication, distribution and adaptation of creative works. The right lies with the owner-cum-copyright holder for a certain period of time. As time lapses, the work can be republished or reproduced by others. Usually, the timespan of a copyright extends through the entire life of the owner and lasts up to a period of about 50 to100 years after death. In case of anonymous works, the right lasts for 95 years after publication or 120 years after the creation. Trademarks A trademark is a symbol, which is generally used to identify a particular product, which indicates its source. A trademark can be a combination of words, phrases, symbols, logos, designs, images or devices, used by an individual, legal entity or business organization to distinguish their products from that of others. For example, you can identify the products of Nike Inc., through their logo, which is embossed on their products. Once registered, trademarks are protected legally and the owners can sue persons who use their trademarks. Patents Patents are rights related to new inventions. This right is conferred on persons who invent any new machine, process, article of manufacture or composition of matter, biological discoveries, etc. In order to grant a patent, the invention should fit into the following criteria, which may differ from country to country. In general, the invention must be new, inventive and should be useful or can be applied in industries. The person who receives a patent for his invention has an exclusive right to control others from making, using, selling, or distributing the patented invention without permission. Generally, the time limit of a patent is 20 years from the date of filing the application (for the patent). Industrial Design Rights These rights also come under intellectual property and protect the visual design of objects that are not purely utilitarian, but have an aesthetic or ornamental value. It can refer to the creation of

a shape, color, pattern or a combination of all these things. It can be an industrial commodity or a handicraft. The design can be either two-dimensional (based on pattern, colors and lines) or three-dimensional (as per shape and surface). An industrial design right is conferred after considering factors like, novelty, originality and visual appeal. The person who has an industrial design right has the exclusive right to make or sell any objects in which the design is applicable. The right is conferred for a period of 10 to 25 years. Trade Secrets Trade secrets are the designs, practice, formulas, instrument, processes, recipes, patterns or ideas which are used by a company to gain economic advantage over its competitors. The owner of a trade secret does not possess any right over anyone who gains access to that secret independently, but he can prevent the use of trade secret by anyone who has learned it through the owner. For example, an employer can protect trade secrets through contracts with his employees. It differs from other types of intellectual property, because it is the responsibility of the owner to keep the secret and it is not protected through government policies. Once the trade secret is leaked, it can be used by any person. Intellectual property has encouraged people to come up with indigenous creations, as the law protects their right over their respective works. It can also offer some economic aid to the holder of the right, through the monopoly of their creations. Thus, it is very important to respect these rights and restrain from infringing them. Characteristics Of Intellectual Property Rights Intellectual property is used to represent rights on the products created by human mind and thinking. Intellectual property law is to protect these intellectual products created by human mind. Accordingly, it does not comply with classical property law because of the products it focuses on is different from property. For this reason, problems can not be solved with the concept of classical property. Intellectual property rights have some characteristics different from classical property law. Products, subject of intellectual property does not have a material entity like in classical property law. For example, a picture of a painter, canvas it is applied, the property of the circumstances it exists and the thought of the painter that creates that picture. While the picture of the painter and the property of the circumstances it exists are covered in classical property law, the thought creating that picture is covered in intellectual property. Subjects of intellectual property are intangible, in apparent namelt it does not have a material existence. They are not accepted as goods as they do not have a material existence in some state laws such as in Turkish law. Owner of property right in real law benefit from protection everywhere. But in intellectual property law, protection is not universal but national. In other words, protection in intellectual property is provided or not with regard to the law of the state applied for protection. Property right in real law benefits from protection as long as the mentioned goods exist. However, for intellectual property rights, different protection periods are accepted for each type

of right. For example, patent rights for 20 years, copyright for lifelong of its owner and 70 years after his death. Intellectual property rights are not consumed by using. For example no matter how many editions a novel of a novelist are printed, created intellectual product can not be consumed. But the right on which the intellectual thought is materialized is consumed. Intellectual property rights provide monopolistic absolute rights. Intellectual rights can be asserted against everybody. The monopolistic quality of intellectual property law causes competition especially in the field of industrial property. Because this created intellectual property provide advantage. Thus, competitor enterprises will always be in research activity to create a new product. For the birth of some of the rights covered in the scope of intellectual property, registration is needed. The subject of our paper, patent rights, can not benefit from protection without registration. Intellectual Property The intellectual ideas formed by human being, the only creature having ability to think constitute the subject of intellectual property. Some of these ideas have the characteristics of their creators, which are accepted as work of art or work of intellect. The other group has some characteristics that are thought to be in nature or characteristics that can provide to control the nature rather than the characteristics of its creator. These are accepted as industrial property[6] . It is possible to name intellectual property law as the law whose subject is the result named as intellectual property and to protect its owner [7]. In Universal Declaration of Human Rights, it has been stated that every human being has the right of attending social life of the society freely, drawing benefit from fine arts, attending scientific development and drawing benefit from it, having the right of protecting his spiritual and material interests deriving from the science, literature and art products he created (m.27). The effort for effective protection measures to reach positive regulations protecting the rights deriving from intellectual property considered in human rights started in 1700s and has been still continuing. Intellectual properties certainly develop, change and get become complicated in time. With regard to this situation, intellectual property law is to have a flexible structure. If it is taken into account that in intellectual property law, numerous clauses are valid, it is not possible for these subjects which are not taken into account with positive arrangement to profit from the protection provided in the scope of intellectual property. Since protection first appeared in intellectual property, acceptance of territoriality principle has been criticized and has been accepted as one of the serious problems in this field[8] . There is no doubt that intellectual property is to be handled and protected both in the scope of both national and international law in doctrine and in practice. As a result, it is observed that regulations in international law directly affect national law and are nearly exactly accepted by national legislator. Certainly serious differences between developed nations forming intellectual

property and underdeveloped, less-developed or developing nations consuming intellectual property have been observed with regard to the effect of international law on national law. Although cooperation is established with intellectual property producers in legalization performance in developed nations, in other nations it is accepted in the scope of international obligation and it is legalized nearly exactly by quotation. However, international regulation cover just standards providing just minimum protection in intellectual property field. For this reason, national legislators can make more advanced regulations using international regulations. Countries producing intellectual property have been observed to make regulations providing more advanced protection than international regulations. Currently, intellectual property law is divide into two main parts. First of them is work of art and intellect law and the other is industrial property law. The part remarked as intellectual property has been accepted to be in the scope of private law in the classical differentiation of classical public law and private law. Broadly speaking, aim of intellectual property law is to promote formations in intellectual and industrial fields and protect these formations.