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Intellectual Property
rights reward creativity & human endeavor which fuel the
progress of humankind.
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This refers to
creation of mind such as inventions, designs for industrial articles, literary,
artistic work, symbols which are ultimately used in commerce.
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Intellectual Property
rights allow the creators or owners to have the benefits from their works when
these are exploited commercially.
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Patent
rights are essentially territorial in nature. A
patent granted by a patent office is applicable within the geographical
boundaries of that country only.
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There
is nothing like global patent or world patent.
For obtaining patent rights in different
countries, one has to submit separate patent applications. There are
regional and/or International treaties like Patent Co-operation Treaty (PCT) or
European Patent Convention (EPC) through
which, by filing a single application, one could simultaneously ensure obtaining
patents in several other countries.
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A patent is not
granted to an invention if it is already available with the public either in the
form of published literature or common knowledge.
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A patentee does not
get any kind of money over the grant of the patent. Rather the inventor has to
spend lot of money to get the patent rights over is invention and also to spend
lot of money to maintain his patent. However,
when a patentee sells his patented invention to a third party, he gets money.
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Registration of a
trademark is not compulsory, but without registration the owner of a trademark
cannot bring an action for infringement to protect his mark if it is used by
others.
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It is very difficult
to register a geographic name or a common surname. Someone who has used one
extensively for a considerable period of time may be able to achieve
registration.
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Some
marks are prohibited from registration under the directions of the Government,
for instance, ‘WIPO’, ‘Gandhi’.
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Design means a
conception or suggestion or idea of a shape or pattern, which can be applied to
an article or intended to be applied by industrial process or means. Registered
designs are open for public inspection only after publication in the official
gazette.
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Designs of industrial plans,
layouts and installations are not registrable under the Act. Stamps,
Labels, tokens, cards, cannot be considered an article for the purpose of
registration of Design. Designs
of artistic nature like painting, sculptures and the like which are not produced
in bulk by any industrial process are also excluded from registration under the
Act.
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The
Design as applied to an article should be integral with the article itself.
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A
registered design, the copyright of which has expired cannot be re-registered.
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A
property mark denotes movable property belonging to a particular person. The
mark used by the Indian Railway on their goods is a Property Mark for the
purpose of easy identification of the owner.
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Copyright
means the right to copy but only by the
AUTHOR and not by any other
Person without the author’s consent.
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Copyright
is a negative right to prevent others from copying or reproducing the work.
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There
can be no copyright in idea, subject matter, themes, plots or historical or
legendary facts.
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Innocence
is no defence in an action of infringement.
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