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. Intellectual property is protected in law by, for example, patents, copyright and trademarks, which enable people to earn recognition or financial benefit from what they invent or create. By striking the right balance between the interests of innovators and the wider public interest, the IP system aims to foster an environment in which creativity and innovation can flourish.
3. Objectivesof
intellectual
propertyrights
Objective 1 awareness
To create public awareness about the economics social
and cultural benefits of IPR among all sections of society.
Objective 2 Generation of IPRs
Stimulate the generation of iprs
Objective 3 Legal and legislative framework
. To have strong and effective IP or loss which balance
the interest of rights owners with the large public
interest.
Objective 4 Enforcement and Adjudication
to strength and enforcement and adjudictory
mechanisms for combacting IPR infringement.
4. BeforeIndian
independence
Amendments
(Sequence)
1. The first legislation in India related to patterns was
the act VI of 1856.
2. That was subsequently repelled by act IX of 1857.
3. It was a renamed as The patterns and designs
protection act under act XIII of 1872. Further
amended in 1883.
4. The Indian patterns and designs act 1911 replaced all
the previous acts. This act brought patent
administration under the management of controller of
patents for the first time.
5. This act was further amended in 1920.
6. In 1930 father amendments were made to incorporate
provisions related to grant of secret patterns of
addition increase of terms of the pattern from 14
years to 16 years.
5. AfterIndian
independence
amendments
(sequence)
1. After Indian independence Indian patterns and designs act 1911
was changed by the committee under the chairmanship of justice
Bakshi Tek Chand retire judge of Lahore High court in 1949.
2. Based on it act was amended in 1950. ln relation to endorsement
of the patent with the words licence of right application by the
government that the controller could grant licence
3. In 1952 that was amended which made to provide compulsory
licence in a relationship to food and the medicines insecticides.
4. 1957 the government appointed justice in Rajagopala Iyengar
committee to examine the questions of revision of the patent law.
The committee recommended retention of the pattern system.
5. The definition the committee final recommendation on the
pattern act in 1970 was passed coming to first in 20th April 1972
patent rules.
6. Copyrights
trademark
Patents
Copyright 1957)
1. Copright is a right given by the law of creators of literary
dramatic musical and artistic work
2. Corporate does not protects products ideas or concepts it is
mainly used to protect creativity
Trademark (1999)
1. Trademark is a visual symbol which may be a word
signature label etc
2. Trademarks are mostly used to protect brands name
business name slogans and more.
Patent: ( 1970)
1. Patent design exclusive right for an invention provided by
the patenee.
2. Patenee is able to control the making using selling product
that without is consent.
7. Recent
amendments
There was changed after 24 years in December 1994 and
ordinance changed in the act was issue on 31st December
1994.
That ordinance was replaced by patent amendment act
1999. (Patents for drugs, agrochemicals such patterns
were not allowed)
The second amendment to 1970 was made through patent
amendment act 2000.
The third amendment to the patent act 1970 was replaced
on 2004 with comment effect first January 2005 lateral
replaced on 4th April 2006. Come into force on 5th May
2006.
Recently, the union government has introduced Patents
(Amendment) Rules, 2021 which has reduced the fee for
patent filing and prosecution for educational institutions
by 80%
8. Assertionand
reason
Given below are two statements: One is labelled as Assertion (A) and the
other is labelled as Reason ®.
Assertion (A): Trademark registration gives exclusive proprietary rights
to the trademark owner.
Reason ®: A trademark is a recognizable sign, design or expression which
identifies products or services of a particular source from those of others.
And are used to claim exclusive proprietary rights of products or services.
In light of the above statements. Choose the correct answer from the
options given below :
1. Both (A) and ® are true and ® is the correct explanation of (A)
2. Both (A) and ® are true but ® is NOT the correct explanation of (A)
3. (A) is true but ® is false
4. (A) is false but ® is true.