Some facts about IPRs...

·      Intellectual Property rights reward creativity & human endeavor which fuel the progress of humankind.

·      This refers to creation of mind such as inventions, designs for industrial articles, literary, artistic work, symbols which are ultimately used in commerce.

·      Intellectual Property rights allow the creators or owners to have the benefits from their works when these are exploited commercially.

·      Patent rights are essentially territorial in nature. A patent granted by a patent office is applicable within the geographical boundaries of that country only.

·     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.

·      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.

·      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.

·      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.

·     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.

·      Some marks are prohibited from registration under the directions of the Government, for instance, ‘WIPO’, ‘Gandhi’.

·      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.

·    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.

·      The Design as applied to an article should be integral with the article itself.

·      A registered design, the copyright of which has expired cannot be re-registered.

·      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.

·     Copyright means the right to copy but only by   the AUTHOR and not by any other Person without the author’s consent.

·     Copyright is a negative right to prevent others from copying or reproducing the work.

·     There can be no copyright in idea, subject matter, themes, plots or historical or legendary facts.

·      Innocence is no defence in an action of infringement.