Wednesday, 14 April, 2021

Intellectual Property – Creations of the mind

Newswave @ New Delhi

National Intellectual Property Rights Policy has also declared many benefits to the startups and innovators in India. Government is making efforts of spreading IPR awareness in India, however it has not been gaining success on the ground as one can wished for.

Dr. Paresh kumar C. Dave, Founder & MD of IP Moment Services, New Delhi said, “Intellectual Property as it is very much evident from the term itself it deals with the property created through one’s intellect. Intellectual Property Rights are the monopoly assigned by the Government to the designated owner of the respective intellectual property right.”

Creations of the mind

World Intellectual Property Organization defines Intellectual Property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.” Intangible or incorporeal property does not have a physical substance as oppose to tangible or corporeal property (such as land, building etc).

Intellectual Property Rights :

Trademarks This protects any company name, brand name, logo, slogan, phrase, etc. used in the trade, for example, Jio, Tata, Artel, McDonald’s “M”, etc.

Copyright This protects anything created literary works, books, songs, drawings, pictures, research articles, any artistic works, etc.

Patents – This protects commercial inventions, a new business products or a new manufacturing process.

Industrial design rights This protects ornamental look of the products/designs, for example car model, bike model, jewelry design etc. In some of the countries, like USA it is also known as “Design patent”. Examples: Mini Cooper Car, Coca Cola Contour bottle, Vespa scooter, Rocking wheel chair, imac, Nestle coffee machine, etc.

Trade secrets One of the famous examples is Coca Cola ingredients, which are not known to the general public. Examples of trade secrets can be a process, ingredients, combinations, compilation of information,etc.

Geographical indication: A geographical indication (GI) is a sign used on products that have a specific geographical origin and possess qualities or a reputation that are due to that origin. Examples: Darjeeling tea, Kota doria, Kathputlis, Molela clay work, Rossogolla, etc.

Integrated Circuit Layout design: In India, IC design layout is protected under “Semiconductor Integrated Circuits Layout-Design Act (SICLDA” which was passed in the year 2000.

Traditional Knowledge : Traditional knowledge as such – knowledge that has ancient roots and is often informal and oral – is not protected by conventional intellectual property systems. Example: Turmeric, Neem, Basmati.

Plant varieties: In several countries, Plant varieties are protected under patent laws while in some countries, IPR for Plant protection is covered under different laws.

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