Intellectual property is the product of the human intellect including creativity concepts, inventions, industrial models, trademarks, songs, literature, symbols, names, brands. etc. Intellectual Property Rights do not differ from other property rights. They allow their owner to completely benefit from his/her product which was initially an idea that developed and crystallized. They also entitle him/her to prevent others from using, dealing or tampering with his/her product without prior permission from him/her. He/she can in fact legally sue them and force them to stop and compensate for any damages.
Basically speaking, intellectual property rights are a common type of legal IP protection for those who create. These rights, however, have actually contributed enormously to the world, in particular economically.
Many companies in a variety of industries rely on the enforcement of their patents, trademarks, and copyrights, while consumers can also be assured of quality when they purchasing IP-backed products.
In India, intellectual property rights recognized under statute are:
- The Patents Act, 1970;
- The Trade Marks Act, 1999;
- The Copyright Act, 1957;
- The Designs Act, 2000;
- The Geographical Indications of Goods (Registration & Protection) Act, 1999;
- The Semiconductor Integrated Circuits Layout Design Act, 2000;
- The Biological Diversity Act, 2002;
- The Protection of Plant Varieties and Farmers’ Rights Act, 2001.
Protection of Intellectual Property Rights
Protection of IPR allows the innovator, brand owner, patent holder and copyright holder to benefit from his/her work, labor and investment, which does not mean monopoly of the intellect. Such rights are set out in the International Declaration of Human Rights, which provides for the right to benefit from the protection of the moral and physical interests resulting from the right holder’s work; literal or artistic product.
What is the Difference between Forgery and Counterfeiting?
- Forgery of a trademark means a complete transfer being identical from the unique brand or transferring the main parts thereof making the forged brand greatly identical to the original one.
- Counterfeiting a trademark means making a brand similar in total to the original one in a manner that might mislead the public in connection with the source of goods that are marked by the brand in question.
Intellectual property refers to creations of the mind: inventions, literary and artistic works, symbols, names, pictures, models and industrial designs.
Intellectual property is divided into two categories:
- Industrial Property, which includes: inventions (patents), trademarks, industrial designs and models and geographic indications of source.
- Copyright, which includes: literary and artistic works, namely novels, poems, plays, films, musicals, cartoons, paintings, photographs, statues and architectural designs.
What is a Trademark?
Trademarks are another familiar type of intellectual property rights protection. A trademark is a sign that individualizes the goods or services of a given enterprise and distinguishes them from those of competitors. To fall under law protection, a trademark must be distinctive, and not deceptive, illegal or immoral.Trademarks are names, phrases, sounds or symbols used in association with services or products. A trademark often connects a brand with a level of quality on which companies build a reputation. Trademark protection lasts for 10 years after registration and can be renewed in perpetuity. Some examples include McDonald’s golden arch, the Facebook logo, and so on.
What is a Patent?
Patent is an exclusive right granted by law to an inventor or assignee to prevent others from commercially benefiting from his/her patented invention without permission, for a limited period of time in exchange for detailed public disclosure of patented invention.Patents grant the legal right to exclude anyone else from manufacturing or marketing your unique tangible things. They can also be registered in foreign countries to help keep international competitors from finding out what your company is doing. Once you hold a patent, others can apply to license your product. Patents can last for 20 years.
A patent is used to prevent an invention from being created, sold, or used by another party without permission. Patents are the most common type of intellectual property rights that come to people’s minds when they think of intellectual property rights protection. A Patent Owner has every right to commercialize his/her/its patent, including buying and selling the patent or granting a license to the invention to any third party under mutually agreed terms.
There are three different categories that patents can fall under:
- Utility: A utility patent protects the creation of a new or improved product, process, composition of matter, or machine that is useful.
- Design: A design patent protects the ornamental design on a useful item.
- Plant: A plant patent protects new kinds of plants produced by cuttings or other nonsexual means.
What is a Copyright?
Copyright is a form of IPR concerned with protecting works of human intellect. The domain of copyright is literary and artistic works, might that be writings, musicals and works of fine arts, such as paintings and sculptures, as well as technology-based works such as computer programs and electronic databases.Copyright protects written or artistic expressions fixed in a tangible medium — novels, poems, songs or movies. A copyright protects the expression of an idea, but not the idea itself. . The copyright owner has the exclusive right to sell, publish, and/or reproduce any literary, musical, dramatic, artistic, or architectural work created by the author.
What is a Trade Name?
A trade name or business name is a name that uniquely distinguishes a business from others.
What is a Trade Secret?
Trade secrets can be a formula, pattern, device or compilation of data that grants the user an advantage over competitors is a trade secret. They are covered by state, rather than federal, law. Trade secrets are the secrets of a business. They are proprietary systems, formulas, strategies, or other information that is confidential and is not meant for unauthorized commercial use by others. This is a critical form of protection that can help businesses to gain a competitive advantage.
Forgery and Counterfeiting Techniques
Techniques of counterfeiting and fraudulence are variant depending on the nature and type of the product, perpetrator’s techniques and tools and facilities in place. Techniques of counterfeiting and fraudulence are diverse aiming at seemingly copying an original product.
Technology has a big role in making counterfeit products greatly similar to original ones, making it harder to distinguish between them according to the following:
- Using the external structure of authentic equipment and replacing certain internal parts with counterfeit pieces (computer systems – electrical appliances).
- Affixing adhesive tape onto external parts of the equipment to prevent anyone from opening it and detecting the counterfeit parts therein.
- Affixing adhesive tape especially designed for original products onto counterfeit products to mislead and deceit the consumer.
- Copying containers or packaging of original products and placing counterfeit products inside.
- Counterfeiting the original company’s brand and trade name, affixing them onto the counterfeit product and forging the trade data.
- Collecting and regenerating empty original containers as to have them filled with counterfeit products and repackage them using modern machines.
- Reusing used spare parts by improving, packaging and selling them as new original parts.
- Removing the expiration date from the expired products and rewriting a new date extending the product expiry.