Intellectual Property Rights Meaning Intellectual Property is the creations of mind such as inventions, innovations, literary works, artistic works, designs, symbols, names, and images. Intellectual Property Rights are given to the creators for a certain period. Why to get IPR? • To protect our creations - Others cannot use our work without our permission. • Creators (inventors / innovators) get due recognition & they can commercialise their creations (new technology / new product/ new process / new service) for the development of the economy. • The creators can get incentives (Royalty) from the person who is using their rights by giving a license to them. • Availability of genuine products is ensured Types of IPR 1. Patents: Patents are governed by The Patents Act 1920. It is a right given for inventions and innovations. Invention is different from discovery. Highlighting a concept or a this already existing is called discovery. Whereas, invention means finding out something which is new. Example: Newton found that apple fall and discovered gravity whish is considered as discovery. Invention means creating a novel or something unique. Example: Alexander Graham Bell invented telephone. All inventions begin with an idea which should be novel, non-obvious and should have industrial applications. Once the idea is converted into a product, the inventor can apply to the Government of India for patent right. The Patent Office examines the application form and checks the legal aspects and verifies whether the invention or innovation fulfils the other criteria such as novelty, non-obvious and industrial applicability and then grants patent rights. This patent right is given for 20 years after which, the invention can be used by anyone. During this 20 years, the inventor can commercialise his inventions by granting licence to persons who need the product in consideration for a fee known as royalty. 2. Copyright It is a right given to vreators of literary works and artistic works like books, music, paintings, sculpture, films, computer programs, data bases, advertisements, technical drawings, graphical designs, photographs etc. Copyrights are governed by The Copyrights Act 1957. Registration is not mandatory for copyright. After finishing the book, copyright will be assigned as default. But it is better to register for copyright because in future it would be very difficult to prove that it is our work. Copyrights are given for 60 years. 3. Trademark Trade mark is any word, name or symbol or combination of all these aspects which help a customer to differentiate the products. Tade mark is governed by The Trade Mark Act 1999 and is granted to protect any sign, symbol, words, design, shape of goods, packaging, brand name, slogans, logo, sound in ads (or ) film production companies like Disney. Example: Roaring of Lion in MGM, ` 4. Design This right is granted to protect the appearance of a product. The colours, shapes, lines, contours, texture, and patterns of the product are also protected by Design Rights Act 2000. This right is valid for 15 years. 5. Geographical Indications It is given for products based on the place of origin. This right is given for the products that are popular in a particular place. This right can be applied only by any association of persons, producers, organisation or authority established by Law. This right is given only for 3 products, namely, agricultural products, food products and handicrafts. The GI is governed by Geographical Indications of Goods Act 1999. Example: As the Electric Wet Grinder was invented in the Coimbatore, this city naturally emerged as a center for the manufacture of wet grinders. In 2005, the Government of Tamil Nadu applied for Geographical Indication for Coimbatore wet grinder. The Government of India recognized it as a Geographical Indication officially since the year 2005-06. Other examples are Dindugal Lock, Tirupathi Laddu, Kovilpatti Kadalai Mittai, Thanjavur Doll etc 6.The Semiconductor Integrated Circuit Layout Design Act 2000 Any person who wants to register his layout-design is required to apply in writing to the Registrar Semiconductor Integrated Circuits Layout-Design Registry in the concerned territorial jurisdiction, as per the procedure prescribed in the SICLD Act, 2000. This Act prohibits the semiconductor integrated circuit layout designs which are not original. An integrated circuit also known as chip or micro chip or microelectronic circuit is a semiconductor wafer on which thousands or millions of tiny resistors, capacitors, diodes, and transistors are fabricated. These chips are not only found in computers but also in all electronic devices like mobile phones, cars, amplifiers, network switches, washing machines, micro wave ovens, toasters, televisions etc. 7. Other IPRs are Trade Secrets like secret formula for manufacturing a product, Traditional Knowledge such as applying neem, turmeric which are antiseptic and Plant Varieties (Protection of Plant Varieties of Plant varieties and Farmers Right Act, 2001) Example: Washing Machine Semiconductor Integrated Circuit Layout Design Mother Board – Printed Circuit Board (PCB) with electrical parts for controlling washing machines – Brain of the Washing Machine. Trade Mark – LG Washing Machine Patent Design Copyrights Programming Language – Linux based – ( C ) Operating System (Programme initially loaded into the computer- Soft Real Time Operating System (Soft RTOS) in washing machines