2.Rights under various IPR

www.iasinsights.in ; www.iasgyaan.com posts Introduction to IPR for mains purpose. As IPR is the modern weapon for trade wars, it is important to have thorough knowledge about it.  Introduction to IPR

2.Rights under various IPR

Intellectual Property Rights identified for the person of legal protection are

  1. Rights of artists, painters, musicians,sculptors, photographers, and others of copyright
  2. Types of computer programmers
  3. Rights of performers, producers of phonograms and broadcasting Organisation in respect of fixation of their programs for copyright in their works
  4. Rights of traders in their trademarks
  5. Rights of inventor of a patent in his patent
  6. price of computer technologies for their layout designs of integrated circuits for patent in the works developed by them
  7. rate of breeder in biotechnology for a patent in a new plant variety grown by them
  8. Right of designers for the distinctive industrial designs striking to the eye
  9. List of manufacturers and producers of geographical indications in relations to such produce
  10. Right of Businessman for protection of their undisclosed information on technology and management.
The rights in intellectual property identify protection under law can be broadly categorized into
  1. Copyright
  2. Rights in patent
  3. Rights in design
  4. Rights in trademarks
  5. Rights in geographical indications
Copyright:
Copyright is the exclusive right of multiplying, commercially dealing with and making assignment of the copies of the work recognized by law as subject matter of copyright for a specific period
Subject matter of copyright
  • The subject matter of copyright were basically original creations in Literature, dramatic musical and artistic works
  • Copyright was subsequently extended to computer programs, cinematography film and sound recording.
The following rights on the owner of the copyright:
  1. Right to reduce the work in any material form
  2. Right to issue copies of the work to public
  3. right to perform the work in public or communicate it to the public
  4. right to make any cinematographer film or sound recording of the work Where the copyright is a literary dramatic or musical work
  5. Right to make translation of the work
  6. Right to sell or give one commercial rental or offer for sale or for commercial rental any copy of computer program
  7. right to include the work in any cinematographer film where the copyright is an artistic work
  8. Try to make any adoption of the work Where the work is susceptible to such adoption
Rights of patent
Rights of patent referred to Monopoly rights granted by State to anyone who invent or discovers any new and useful process machine article of manufacture or composition of matter to make commercial gain from his creation for a fixed duration
Right of patentee
A patentee in case of product patent has exclusive right to prevent third parties from using offering for sale selling or importing patented product and in case of process patent the right to prevent third parties from using offering for sale selling or importing overdose purposes the product obtained directly by the process in India
Rights of Design
  • A design is some shape configuration pattern or ornamentation on composition of lines are colors applied to an article in any form by any industrial processor or means
  • The registered owner of design has copyright in design registered for 10 years acquisition of copyright means that such owner is empowered to restrain the use of design by others
Rights in trademark
  • Trademark from the point of view of a consumer is a mark by which he identifies the goods of trader or manufacturer or services of the service provider
  • Only a owner of Register Trademark has exclusive right to make use of The trademark in relation to goods or services for which The trademark is registered.No person is entitled to institute any proceedings to prevent or to recover damages for the infringement of an unregistered trademark.
Geographical indications and legal aspect
  • Certain goods natural or man made originating from particular job skull area have inherent qualities there is no dearth of examples silk saris from Banaras ,Pashmina shawl from Kashmir and oranges from Nagpur given the inherent qualities of these boots any Cricket traded may be tempted to push orange is produced in Chennai as originating from Nagpur and sarees for girls in Calcutta as waived in Banaras thereby deceiving the consumer and also travelling the reputation of genuinely manufactured sarees from Banaras and oranges produced in Nagpur
just tell indications of goods registration and Protection Act 1999 is an actor with the object of protecting both the reputation of goods as well as interest of innocent consumers.
Right of owner of Geographical indication
  • The registered operator or the authorized user uses acquire right to obtain relief for infringement of jungle indication
  • no person is entitled to Institute any proceedings to prevent or to recover damages for the infringement of an unregistered geographical indication.
  • The rights granted under intellectual property law or not without remedies the violation of any of the right is math with stringent legal consequences civil as well as criminal preventing violation of intellectual property rights
Evolution of intellectual property rights in Indian context
India being a welfare state has to keep the interest of its population above all other considerations patent laws in India are framed with object of keeping the price of Pharmaceutical products within the reach of masses even Agricultural Products are excluded from review of patent law with similar object as India is signatory to WTO it has to amend its patent law to bring in conformity with trips agreement while doing so India has to answer the following genuine concerns
  1. As heavy royalties are charged by patent holders for promoting production of Pharmaceutical products, life saving drugs will become expensive for the well off and affordable to the masses
  2. farmers in agriculture sector will have to sell out extra to set of the payments of royalties to patent holder
  3. Provisions relating to “licences of rights” under section 88 and 89 of Patent Act 1970 by which interest of consumers are protected by dishonest patent seekers will become an effective when they are brought income for conformity with the provisions of trips agreement
  4. Indian Pharmaceutical manufacturers do not have the financial strength to invest in R&D to complete Googly which day will be forced to once India amends its patent law to include product patent in pharmaceutical industry
  5. Availability of traditional medicines like Ayurveda and Unani to masses will become expensive once patent system is introduced as terms of protected production and sale of the same will be men apply in the hands of commercial patent holder

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