Author: Harsh Mangesh Mankar, I Year of B.A.,LL.B(Hons.) From Maharashtra National Law University, Nagpur.
INTRODUCTION
Works of art, literature, technology, and science are all considered to be intellectual property since they are all original products of human mind. The legal safeguards provided to the inventor or creator to safeguard his originality or creativity for a predetermined amount of time are known as intellectual property rights. For a specific amount of time, these legal rights grant the assignee of the inventor or creator the only right to fully exploit the concept or product. IPR provide the property’s developers or creators particular, exclusive rights so they may profit financially from their work or reputation.
ADVANTAGES OF IPR
Protects the ownership and originality:
IPR prohibits the use of another party’s creations for commercial gain without the creator’s consent.
Gives Recognition to Concerned Person:
IPR enables the true creator to become well-known for their work because no one is permitted to use it without their consent, therefore they will be the only ones to achieve fame for their original creation. They get notoriety for their work.
Permits the owner to make financial benefit:
IPR makes the owner known and enables them to establish a monopoly, which means they may sell their good or service without competition unless they are given permission to do so. This enables them to make money from their product because no one else is allowed to sell it. This forces the customer to deal with just one vendor for their services.
Motivates the owner to produce and register more products:
IPR prevents a person’s property from being stolen, enabling them to gain money, which makes them happy and inspires them to create other items and register them.
Builds a positive monopoly:
IPR fosters positive monopoly because no one else is allowed to utilise their techniques or any other products without their permission, enabling them to dominate the market.
TYPES OF IPR
PATENTS
A patent is a legal document that gives the owner temporary, usually 20-year, exclusive rights to use their invention in that nation. When a technical invention that is original, new, and shows an inventive step or technological advancement over existing technologies is disclosed, a patent is awarded to the entity that made the invention. The technical innovation might be a product, a method, or both.
Any of the following individuals may submit a patent application, either individually or jointly with another individual:
True and first inventor;
True and first inventor’s assignee; or
Legal representative of deceased true and first inventor or his/her assignee.
Infringement Of Patents And Remedies
A patent is violated if the patentee’s rights are violated, such as when your invention is colourably imitated or its key characteristics are appropriated. Acts that shall not be regarded as patent infringement are outlined in Sections 47 and 107-A of the Patents Act. For instance, it is not considered patent infringement when the government manufactures or uses a patented technique, or when it imports any equipment or other items on its own or on behalf of the government. The following are some of the several remedies for patent infringement:
Injunction
Damages or account of profits
Delivery up or destruction of infringing goods
Certificate of validity
COPYRIGHT
Copyright refers to the legal ownership of anything by its author. As a result, they are the only ones who may have the exclusive right to reproduce that work, or anybody else to whom they grant permission. Copyright legislation restricts others from using or reproducing the product’s creators’ work for a set amount of time.
Copyright Infringement
When someone makes unauthorised use of the exclusive rights of the work’s creator, this is known as copyright infringement. This includes all types of sharing, altering, and other forms of reproduction. The case for copyright infringement is often stronger when there isn’t a financial motivation, even though copyright infringement can occur whether or not the offender is motivated by financial gain.
Remedies
Civil remedy
Injunctions, refunds of profits, delivering copies of infringing works of copyright, and conversion damages are all examples of civil remedies.
Administrative remedy
If the infringement was caused by such importation, one administrative remedy is to request that the Registrar of Copyrights office prohibit the import of infringing copies into India, with the condition that the infringing copies be handed to the copyright owner.
Criminal remedy
The accused may be imprisoned, fined, or both as a criminal remedy.
TRADEMARK
A trademark is any image, phrase, word, or combination of these that identifies a product or service as coming from a certain company as opposed to those of rivals. It promotes brand recognition for a company’s goods and services, links consumers to that firm, and safeguards the owner’s intellectual property.
Infringement of Trademark and Remedy
Anybody using a mark that is identical to or misleadingly similar to the registered trademark in relation to goods or services for which the trademark is registered, even if they are not the registered proprietor, constitutes trademark infringement. After infringement, the registered trademark owner has the right to file a civil lawsuit against the offending party. In essence, trademark infringement refers to the unauthorised use of a trademark in connection with goods and services in a way that might lead to confusion, difficulty, or possible advantages.
INDUSTRIAL DESIGN
How does a product seem, or how does an industrial design relate to the “appearance of an article”? and its structure. It does not safeguard a product’s technical or practical aspects, such as how it operates. Several different industrial and handmade goods use industrial designs. A three-dimensional figure like the shape of an article is included in an industrial design together with two-dimensional figures like the lines, colours, and patterns of an object.
Piracy of Industrial Design and Remedy
Section 22 of the Designs Act of 2000 addresses the theft of registered designs. This provision prohibits the blatant or fraudulent replication of an existing registered design without the owner’s permission. Moreover, it forbids the importation of any materials that are strikingly similar to registered designs. It also constitutes design piracy to publish such articles or make them available for purchase while being aware that the design has been unlawfully applied to them.
This clause further states that if a civil lawsuit is filed against any design piracy, the maximum award for each infringing registered design must not exceed Rs. 50,000. As the compensation is set by law, it can be used as a solid justification for an interim injunction even before the trial begins.
TRADE SECRET
Generally speaking, a trade secret is any hidden knowledge that offers a business a competitive edge. Trade secrets include things like business, manufacturing, and corporate secrets. Trade secrets might include things like delivery operations, marketing strategies, sales tactics, consumer profiles, and the names of suppliers and consumers. The phrase is usually used in a broad meaning. Unlike patents, trade secrets can be continuously protected and offer security without the need for registration or other formalities.
Trade Secret Infringement and Remedy
Contrary to patents, trade secrets are protected without registration, i.e., without the need to go through any formalities. A trade secret may be kept private for as long as it is unknown to others or until it is properly acquired and made public by another party. Some firms could find it more tempting to protect trade secrets as a result of these circumstances. Yet, for the information to be considered a trade secret, it must fulfil a few standards. It could be more expensive and difficult to comply with such rules than first anticipated.
The majority of nations offer redress under criminal, administrative, commercial, and/or civil law, including tort law, contract law, and specialised unfair competition legislation. In general, the owner of a trade secret has the right to sue the offender for the financial harm they caused. Some nations’ trade secret laws may also allow for the use of injunctions, which demand that any goods made using trade secret knowledge be stopped from being used in a way that is against ethical business principles. Criminal sanctions are available in several nations for specific trade secret violations.
CONCLUSION
In a world of scientific, technical, and medical innovation, the value of IP cannot be undervalued. As it gives the owner a competitive edge over other companies, IP is a valuable asset. It is advised to have IPR filed in order to maximise its potential. A proprietary claim on one’s creation of the mind is known as an intellectual property right. These rights encourage invention and assist innovators at all phases of the creation, competition, and expansion strategies of their businesses. Another important point is that customers may make educated decisions regarding the value, dependability, and quality of their purchases thanks to registered and enforced Intellectual rights.