Intellectual property rights are like any other property right.

Intellectual property rights are legal rights, which result from intellectual activity in the industrial, scientific, literary and artistic fields. These rights give statutory expression to the moral and economic rights of creators in their creations. Intellectual property rights safeguard creators and other producers of intellectual goods and services by granting them certain time-limited rights to control the use made of those productions. These rights also promote creativity and the dissemination and application of its results and encourage fair-trading, which contributes to economic and social development.They allow creators, or owners, of patents, trademarks or copyrighted works to benefit from their own work or investment in a creation.These rights are outlined in Article 27 of the Universal Declaration of Human Rights, which provides for the right to benefit from the protection of moral and material interests resulting from authorship of scientific, literary or artistic productions. The importance of intellectual property was first recognized in the Paris Convention for the Protection of Industrial Property(1883) and the Berne Convention for the Protection of Literary and Artistic Works (1886). Both treaties are administered by the World Intellectual Property Organization (WIPO).

INDUSTRIAL INTELLECTUAL PROPERTY: Patent A patent is an exclusive right granted by a country to the owner of an invention to make, use, manufacture and market the invention, provided the invention satisfies certain conditions stipulated in the law. Exclusive right implies that no one else can make, use, import manufacture or market the invention without the consent of the patent holder. This right is available for a limited period of time. A patent in the law is a property right and hence, can be gifted, inherited, assigned, sold or licensed. As the right is conferred by the State, it can be revoked by the State under very special circumstances even if the patent has been sold or licensed or manufactured or marketed in the meantime. There is nothing like a global patent or a world patent. The patent right is territorial in nature and inventors/their assignees will have to file separate patent applications in countries of their interest, along with necessary fees, for obtaining patents in those countries. However, there are some regional systems where by filing one application one could simultaneously obtain patents in the member countries of a regional system. European Patent Office is an example of a similar system. Patent protection helps a patentee to enjoy his patent rights for a certain period of time and then after that period expires the patented invention is made available to the public so that they can use it. Patent protection serves the following purposes: It gives protection to a patentable invention for the exclusive use of it by its inventor. It gives a legal recognition to the invention and therefore the inventors rights are legally protected and can be enforced by him in the court of law. It also makes others aware of the fact as to whom does the invention belong It leads to development of the human society as patents are not protected for infinity and

so after the expiry of the protection period the invention is made available to the public for use. Patenting ones invention make useful data relating to the invention available to other inventors for further research and development. For an invention to be patentable, it should qualify the following conditions. i. Novelty : An invention will be considered novel if it does not form a part of the global state of the art. It will cease to be novel if it has been disclosed in the public through any type of publications anywhere in the world before filing a patent application in respect of the invention. Prior use of the invention in the country of interest before the filing date can also destroy the novelty. Novelty is determined through extensive literature searches. An expired patent is also a prior art Everything disclosed in a patent/non-patent literature is prior art. ii. Inventiveness (Non-obviousness) : A patent application involves an inventive step if the proposed invention is not obvious to a person skilled in the art i.e., skilled in the subject matter of the patent application. iii. Usefulness : An invention must possess utility for the grant of patent. No valid patent can be granted for an invention devoid of utility.

TRADEMARKS: A trademark is a distinctive sign, which identifies certain goods or services as those produced or provided by a specific person or enterprise. A Mark according to the Indian Trademarks Act, may consist of a word or invented word, signature, device, letter, numeral, brand, heading, label, name written in a particular style, the shape of goods other than those for which a mark is proposed to be used, or any combination thereof or a combination of colors and so forth. They may also consist of drawings, symbols, three-dimensional signs such as shape and packaging of goods, or colors used as distinguishing feature. Subject to certain conditions, a trademark may also be symbolized by the name of a person, living or dead. Trademarks are generally territorial in nature. Trademark rights that are established in a particular jurisdiction are only enforceable in that jurisdiction. However, there are international trademark laws and systems, which facilitate the protection of trademarks in more than one jurisdiction India offers protection for the business reputation or goodwill also, which attaches to unregistered trademarks through the tort of passing off. This protection is not provided by all the countries only some jurisdictions, like the Common Law countries provide for passing off. Passing off can be used as a remedy in instances where a business has been trading under an unregistered trademark for a long time, and a rival business starts using the same or a similar mark.

SERVICE MARKS: A Service Mark is like a trademark except that it identifies and distinguishes the source of a service rather than a product. Normally, a mark for goods appears on the product or on its packaging, while a service mark appears in advertising for the services. Anyone who claims rights in a mark can use the TM (trademark) or SM (service mark) sign with the mark to alert the public of the claim. It is not necessary to have a registration, or even a pending application, to use these designations. The registration symbol, (R), may only be used when the mark is registered. Trademarks are an important intellectual property and serve to perform the following functions: The basic aim of trademark is identifying the commercial source of products and services, trademarks facilitate identification of products and services, which meet the trust, and expectations of consumers as to quality and other characteristics. Trademarks may also serve as an incentive and encouragement to manufacturers, providers or suppliers to consistently provide quality products or services enabling them to maintain their business reputation. A Trademark also helps the owner of the Trademark in building up a Goodwill thereby helping then in establishing a place in the eyes of the consumer and consumer loyalty. The owner of a registered trademark can stop other traders from unlawfully using his trademarks by filing a suit for damages and securing destruction of infringing goods and labels. Trademark registration is an evidence of ownership of the trademark and is a constructive notice nationwide of the trademark owner's claim.

Trademark registration in India can also be used as a basis for obtaining registration in foreign countries. Trademarks confer the following rights upon their owners: The registration of a trademark confers on the registered proprietor of the trademarkthe exclusive right to use the trademark in relation to the goods or services in respect of which the trademark is registered. While registration of a trademark is not compulsory it offers better legal protection for action for infringement. Proprietary rights in relation to a trademark can be established by 2 ways ie by actual use in the marketplace, or by registration of the mark with the trademarks office (or "trademarks registry") of a particular jurisdiction. In many jurisdictions, trademark rights can be established through one or both means. Certain jurisdictions generally do not recognise trademarks rights arising through use like China. If trademark owners do not hold registrations for their marks in such jurisdictions, then the extent of enforceability of their rights will be. The law also allows the owner of a registered trademark to prevent unauthorised use of the mark in relation to products or services which are similar to the "registered" products or

services, and in certain cases, prevent use in relation to entirely dissimilar products or services. Once trademark rights are established in a particular jurisdictionthen they can be enforceable only in that jurisdiction, as these rights are territorial in nature and there is no universal trademark. However, there is a range of international trademark laws and systems which facilitate the protection of trademarks in more than one jurisdiction. The term of a trademark registration is for a period of ten years. The renewal is possible for further period of 10 years each. Unlike patents, copyrights or industrial design trademark rights can last indefinitely if the owner continues to use the mark. However, if a registered trademark is not renewed or is not being used, it is liable to be removed from the register.

Copyright: Copyright is a legal protection extended to the owner of the rights in an original work of creation. Copyright protects expressions and not the ideas. There is no copyright in an idea. Copyright comprises two main sets of rights: The economic rights and moral rights. Economic rights include the right of reproduction, broadcasting, public performance, adaptation, translation, public relation, public display, distribution and so on. Moral rights include the authors right to object to any distortion, mutilation or other modification of his work that might be prejudicial to his honor and reputation. Copyright subsists in the following classes of works: Original literary, dramatic, musical and artistic works Cinematograph films Sound recordings The original creators of works protected by copyright, as also their legal heirs have certain basic rights. They hold the exclusive right to use or authorize others for use of the copyrighted material. The creator of the right can prohibit or authorize: Reproduction in various forms such as printed publication or sound recording Public performance as in a play or musical work Recordings in a disc or cassette Broadcasting by radio, cable or satellite Translation into other languages Adaptation, such as novel into screenplay

Subject to certain conditions, a fair deal for research, study, criticism, review and news reporting, as well as use of works in library and schools and in the legislatures, is permitted without specific permission of the copyright owners. In order to protect the interests of users, some exemptions have been prescribed in respect of specific uses of works enjoying copyright. E.g. For the purpose of research or private study For criticism or review For reporting current events In connection with judicial proceeding Performance by an amateur club or society if the performance is given to a non-paying audience The making of sound recordings of literary, dramatic or musical works under certain conditions.

The period of Copyright protection in India is 60 years. In the case of original literary, dramatic, musical and artistic works the 60-year period is counted from the year following the death of the author. In the case of cinematograph films, sound recordings, photographs, posthumous publications, anonymous and pseudonymous publications, works of government and works of international organizations, the 60-year period is counted from the date of publication. Neighbouring rights include rights of performing artists in their performances, rights of producers of phonograms in their phonograms and the rights of broadcasting organizations in their radio and TV programs.

Geographical Indication: Geographical Indication (GI) refers to the Indications which identify a good as originating in the territory or a region or a locality in that territory, where a given quality reputation or other characteristics of the good is attributable to its geographical origin. For example The term GI has been defined in relation to goods, means an indication which identifies such goods as agricultural goods, natural goods or manufactured goods as originating, or manufactured in the territory of a country, or a region or locality in that territory, where a given quality, reputation or other characteristics of such goods is essentially attributable to its geographical origin and in case where such goods are manufactured goods one of the activities of either the production or of processing or preparation of the goods concerned takes place in such territory, region or locality, as the case may be. A properly protected GI will give protection to such goods in domestic as well as

international market. Geographical indications have proved to be very valuable as they identify the source of the product and are an indicator of quality. Mostly, a geographical indication consists of the name of the place, which is the origin of the goods, such as Darjeeling (India) for tea, Stilton (England) for cheese, Swiss (Switzerland) for chocolate, Roquefort (France) for cheese etc. The use of geographical indications is not limited to agricultural products. They may also highlight peculiar qualities of a product, which are due to human factors, such as specific manufacturing skills and traditions. According to TRIPS, a Geographical Indications which is not or ceases to be protected in its country of origin or which has fallen into disuse in that country cannot be protected. Thus Registration of GI confers legal protection to your goods that are registered under the Act Thereby preventing unauthorized use of a Registered Geographical Indication by others as it facilitate an action for infringement exclusive right to use the geographical indication It provides legal protection to Indian Geographical Indications, which in turn boost exports. It promotes economic prosperity of producers of goods produced in a geographical territory.

Industrial Design:

'Design' means the features of shape, configuration, pattern, ornament or composition of lines or colours applied to any article in two or three dimensional form by any industrial process or means which may be manual, mechanical or chemical and these features are reflected in the finished products by just looking at it. Designs which are essentially technical or functional are not protectable. In order to be registered, the design should be new or original, not previously published or used in any country before the date of application for registration. The novelty may reside in the application of a known shape or pattern to new subject matter. The purpose of design Registration is to see that the artisan, creator, originator of a design is not deprived of the bonafide award by others applying to their goods. The registration of a design confers upon the registered proprietor Copyright in the design for the period of registration. Copyright means the exclusive right to apply a design to the article belonging to the class in which it is registered. The duration of the registration of a design is initially ten years from the date of registration, but in cases where claim to priority has been allowed the duration is ten years from the priority date. This initial period of registration can be extended by further period of 5 years.

I.P.R ACTS IN U.K :

Trade Marks Act 1994:

The Trade Marks Act 1994 is the law governing trademarks within the United Kingdom and the Isle of Man. The Trade Marks Act 1994 states that "a person infringes a registered trade mark if he uses in the course of trade a sign which is identical with the trade mark in relation to goods or services which are identical with those for which it is registered" (section 10(1) of the Act). A person may also infringe a registered trade mark where the sign is similar and the goods or services are similar to those for which the mark is registered and there is a likelihood of confusion on the part of the public as a result (section 10(2)). A person also infringes a registered trade mark where a sign is identical but the goods are dissimilar if the trade mark has a reputation in the UK and its use takes unfair advantage of, or is detrimental to, the marks distinctive character or reputation (section 10(3)). It implements EU Directive No. 89/104/EEC (The Trade Marks Directive) which forms the framework for the trade mark laws of all EU member states, and replaced an earlier law, the Trade Marks Act 1938. Although the UK's trade mark regime covers the Isle of Man, it does not extend to the Channel Islands which have their own trade mark registers. The Act provides both civil and criminal law sanctions for the misuse of registered trade marks. Section 93 of the Act makes enforcement of the criminal sanctions the duty of the local Weights and Measures Authority (usually the Trading Standards department) and imports enforcement powers from the Trade Descriptions Act.

Copyright, Designs and Patents Act 1988:

The Copyright, Designs and Patents Act 1988 (c. 48), also known as the CDPA, is an Act of the Parliament of the United Kingdom which received Royal Assent on 15 November 1988. It reformulates almost completely the statutory basis of copyright law (including performing rights) in the United Kingdom, which had, until then, been governed by the Copyright Act 1956 (c. 74). It also creates an unregistered design right, and contains a number of modifications to the law of the United Kingdom on Registered Designs and patents. Essentially, the 1988 Act and amendment establishes that copyright in most works lasts until 70 years after the death of the creator if known, otherwise 70 years after the work was created or published (fifty years for computer-generated works). This came into force on 1 August 1989, for the most part, save for some minor provisions that were brought into force in 1990 and 1991. The Act simplifies the different categories of work which are protected by copyright, eliminating the specific treatment of engravings and photographs.

literary, dramatic and musical works (s. 3): these must be recorded in writing or otherwise to be granted copyright, and copyright subsists from the date at which recording takes place artistic works (s. 4): includes buildings, photographs, engravings and works of artistic craftsmanship. sound recordings and films (s. 5) broadcasts (s. 6): a broadcast is a transmission by wireless telegraphy which is intended for, and capable of reception by, members of the public. cable programmes (s. 7). A cable programme is a part of a service which transmits images, sound or other information to two or more different places or to members of the public by any means other than wireless telegraphy. There are several exceptions, including general Internet use, which may be modified by Order in Council. published editions (s. 8) means the published edition of the whole or part of one or more literary, dramatic or musical works.

Under the 1988 Act, the first owner of a copyright is assumed to be the author of the work. If a work is made by an author in the course of employment then the author's employer is the first owner of copyright. Unlike American copyright law, the duration of the copyright term does not (after the commencement of the 1956 [dubious discuss] Act) vary depending on who owns the copyright. The author of a work is:

The creator of a literary, musical, dramatic or artistic work. The publisher of a published edition of a work. The producer of a sound recording. The producer and principal director of a film. The maker of a broadcast. If a work is computer generated, the person who made the arrangements necessary for the creation of the work.

If more than one person qualifies as an author then a work is one of joint authorship. In that case the permission of all copyright holders is required for acts that would otherwise be an infringement of copyright. It is quite possible for more than one copyright to subsist within a work. For example, if a CD of songs is produced then the following copyrights at the very least must be taken into account:

Copyright of the sound recording. Copyright of the sheet music being played on the sound recording. Copyright of any lyrics. Copyright of any cover artwork. Copyright of the text of the insert. Copyright of the typographical arrangement of the insert.

However, it should be noted that photographs, portraits and engravings which were commissioned and paid for prior to the 1988 Act coming into force have different rules governing the first ownership of copyright. In general, the copyright owners of such works is the person who commissioned and paid for them. Under UK copyright law, an author may assign his copyright rights to another person. It is standard practice for such assignments to be made in book publishing contracts, for example. Under the 1911 Act, such assignments revert to the author's estate 25 years after the death of the author; but that only applies to works made before 1st June 1957.

Patents Act 1977 : An Act to establish a new law of patents applicable to future patents and applications for patents; to amend the law of patents applicable to existing patents and applications for patents; to give effect to certain international conventions on patents; and for connected purposes.Be it enacted by the Queens most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by authority of the same, as follows:Patentable inventions 1.-(1) A patent may be granted only for an invention in respect of which the following conditions are satisfied, that is to say (a) the invention is new; (b) it involves an inventive step;

(c) it is capable of industrial application; (d) the grant of a patent for it is not excluded by subsections (2) and (3) or section 4Abelow; and references in this Act to a patentable invention shall be construed accordingly. (2) It is hereby declared that the following (among other things) are not inventions for the purposes of this Act, that is to say, anything which consists of (a) a discovery, scientific theory or mathematical method; (b) a literary, dramatic, musical or artistic work or any other aesthetic creation whatsoever; (c) a scheme, rule or method for performing a mental act, playing a game or doing business, or a program for a computer; (d) the presentation of information; but the foregoing provision shall prevent anything from being treated as an invention for the purposes of this Act only to the extent that a patent or application for a patent relates to that thing as such. (3) A patent shall not be granted for an invention the commercial exploitation of which would be contrary to public policy or morality. (4) For the purposes of subsection (3) above exploitation shall not be regarded as contrary to public policy or morality only because it is prohibited by any law in force in the United Kingdom or any part of it. (5) The Secretary of State may by order vary the provisions of subsection (2) above for the purpose of maintaining them in conformity with developments in science and technology; and no such order shall be made unless a draft of the order has been laid before, and approved by resolution of, each House of Parliament.