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COPYRIGHT: AN ESSENTIAL ELEMENT OF INTELLECTUAL PROPERTY RIGHTS

Updated: Nov 10, 2020

BY

Barathkumar K M, III year B.B.A.,LL.B.(Hons.)

Introduction

Every day many inventions or innovations are evolving in any part of our country. However, Indians are lagging in filing the patent, industrial designs, trademarks and copyrights. It is due to lack of awareness about the Intellectual Property Rights among the people. The Intellectual Property Rights are governed under the Patents Act, 1970; Trade Marks Act, 1999; Indian Copyright Act, 1957; Designs Act, 2001 etc. The term ‘copyright’ is not defined under the Indian Copyright Act; however, the term refers to the ‘right to copy’. This right is awarded to the author or the creator. The copyright makes sure the rights of the creator over his creation and also it gives the right to the creator to sue a person who misuses his product.

Classification of Intellectual Property

Hence the Intellectual Property Right is classified into six types:

1. Patent

Patent is a form of intellectual property right granted to the inventor for his invention or creation to exclude others from making or selling his product. The product can be used by others only after getting permission from the patent owner. The patent right is provided under the Indian Patent Act, 1970. Patent rights are not available to some inventions, according to section 3 of the Indian Patent Act, the inventions which are harmful to the environment and inventions related to atomic energy are not patentable. The period of the patent right is 20 years, after tenure, it has to be renewed from time to time.

2. Trademark

Trademark is an exclusive right granted to the sign or logo of a company. The trademark helps the entrepreneur to distinguish his company's goods and services from other companies. For a company the trademark registration is done under the Trademark Act, 1999. The tenure of the trademark is 10 years.

3. Geographical Indications (GI)

Geographical Indication is a sign given to the particular product which is produced within a particular region or territory. The goods which are protected under Geographical Indication have a specific geographical origin. The goods which are protected under G.I are agriculture, natural or manufactured goods, handicraft and industrial goods like a foodstuff. The tenure of the Geographical indication is 10 years; afterwards, it has to be renewed from time to time.

4. Industrial designs

The industrial designs are offered to manufacture products. The three-dimensional products like industrial products or engineered products can get industrial designs. The tenure of this right is 10 years.

5. Trade secrets

Trade secrets are a type of intellectual property right, any information that is generally not known outside of the company and the information gives an economical advantage to the company over their competitor is kept as a trade secret. However, the process of evolving a trade secret needs more skills. For example, the formula of Coca-Cola, it kept under trade secret.

6. Copyright

Copyright is an exclusive right offered to authors or creators for his literacy or creativity. The right also produces the ideas of the author, the idea is protected under the Patent Act and not under the Copyright Act. The works like musical work, artistic work, photographic work, motion pictures and computer programs are governed under the Copyright Act.

Rights of the copyright owner

Right of communication

The owner only has the right to make his product available to the public. For example, if a person has the copyright for his film, then without his permission it is not telecasted among the people.

Right of adoption

Any alterations or changes can be done by the owner. The Copyright Act defines the right of adoption; the owner can convert a dramatic work into non-dramatic work and can convert a literacy work into dramatic work.

Right to reproduction

The owner of the copyright can have the right of reproduction of his work. Other than the owner no one has the right to reproduce it.

Right of translation

The owner of the product has the right to translate his work into any languages. The person other than the owner cannot translate his work without his permission.

Moral rights

Moral rights are available only to the individual authors that are related to economic rights.

Conclusion

The purpose of the copyright is to protect the product, if anyone misuses the owner’s product then the owner has the right to sue a case against that person but still, many authors and creators are lags behind to get the copyright. They should come forward to get the copyright, then only their products are coming under the protection.