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This repository is created only and only for legal educational awareness and reference for the students. It is free of cost without any consideration and without any intention to form any legal contractual relationship. Information available here neither constitutes any obligatory legal relationship and\or professional binding in whatsoever manner like 'An Attorney' and\or 'Patent Agent' nor intended to form so in future. Professional services are delivered via designated professionals authorised by designated authorities in user's territorial or statutory jurisdiction, No such professional service(/s) is\are intended here. All information consolidated on this repository are only and only for non-commercial and educational use. Reader's highest discretion and vigilance is requested for using information in any possible format for making sure any such information in any such material or non-material form is validated by user and remains responsibility of user for any consequences - whether arising during the first use and\or any subsequent use by any further user(\s).
The best possible effort has been taken to make sure accuracy and authenticity is maintained. We request you in case any improvements or corrections in whatsoever manner is identified, please share details on email id infosapce4you@gmail.com, so that corrective measures can be taken for the benefit of all. The Intellectual Property Office website (https://ipindia.gov.in/), i.e. IPO of India under DPIIT under MCI remains the ultimate authority for finality of information on any and\or all IPR or related matters.
The movable or immovable properties which are most commonly known as tangible assets (mostly in the physical form) are well defined, the new emerging type of property which in intellectual property ('IP') are intangible assets (non-physical form). Its unique characteristics is, its creation of individual's\group of individual's minds and for which the protection is granted with exclusive rights to individual's\group of individual's for a certain period of time. The Department for Promotion of Industry and Internal Trade (DPIIT) of the Ministry of Commerce and Industry has The Office of the Controller General of Patents, Designs and Trademarks (for short - 'CGPDTM') is the responsible in India for grant/revoke/modify the IP's under the Central Government.
These are granted for new innovations in the field of technology like Mechanical, Electronics, Pharmaceutical etc. etc. Currently 20 Years is the validity period for any Patent granted in India and these are territorial rights and govern by,
These are granted for the protection of well-known brands known to the customers and identify such product or service associated by such wordmark, Logo etc. etc. Currently 10 Years is the validity period for any Trademark granted in India and these are territorial rights. Govern by,
The protection for a literary, dramatic, musical or artistic work, a cinematograph film and sound recording are protected under this art. The ACT and Rules mentioned below governs the copyright IPR overall aspects in India. The Copyrights are allocated for lifetime of creator\artist for his work and extendable for 60 years after death of owner through Legal Heir or lawful Legal Representative.
The manufactures use unique, value based and user friendly effective design of products in form of shape, size, ergonomic and other visual and feel based factors with other combinations, such designs are covered under the ACT and Rules. This is ideally an extension of copyrights for initial 10 years and can be extended as per set process for another 5 Years. The design covers aspects related to design of product.
These are specific IPR's for the protection of interests of producers of Goods having specific Geographical indication associated. These IPRs are group\community and not available for individuals. The initial rights are granted for 10 years and those can be renewed as per prevailing process at that time. The Geographical Indications of Goods (Registration and Protection) Act, 1999 governs the Geographical Indication for IPR in India.
The Geographical Indications of Goods (Registration and Protection) Act, 1999
The Intellectual Property Rights (for short - 'IPR') was existing from British Colonial era and as per the information available on the IPR India official website it roots can be found in the Protection of Inventions, Act VI of 1856 which was extension of the British Patent Law, 1852 and enabled the inventors in British-India for the product manufacturers with exclusive rights for the duration of 14 years. The IPR's eventually evolved over the last almost two centuries. IPR has significant contribution by the International Conventions in establishing a set of Rules, Governing Bodies which ultimately help in the standardisation along with supporting the protection of creator\inventors along with making sure all such inventions are available to the public at large and for social and economical advancement around the world.
The Protection of Inventions, Act VI of 1856
The Patent monopolies, Act XV of 1859
The Patents and Design Protection Act, 1872
The Protection of Inventions Act, 1883
The Inventions and Designs Act, 1888
The Indian Patent and Design Act, 1911
The Patents Act, 1970 (First ever amended post Indian Independence)
The Patents (Amendment) Act, 1999 (Enforced from 01/Jan/1995 as per the compliance for the TRIPS Convention, 1995) and further Amendments followed in 2002, 2005.
Note: Please refer the Indian IPR website for more details https://www.ipindia.gov.in/history-of-indian-patent-system.htm
The WIPO Convention came into force in 1970 and amended in 1974 which was signed on 14 July, 1967 in Stockholm in Switzerland. form foundation for the World Intellectual Property Organization ('WIPO'). Further in 1974 it formally became the part of the United Nations, also Regional Patent Office for a Country\Group of Countries formed as per the mutual agreements.
The Paris Convention for the Protection of Industrial Property (1883) and
The Berne Convention for the Protection of Literary and Artistic Works provided for the establishment of an 'International Bureau' (1886). The two bureaus were united in 1893 and, in 1970, were replaced by the World Intellectual Property Organization, by virtue of the WIPO Convention.
Note: Refer the WIPO Website for more details: https://www.wipo.int/treaties/en/
Starting late 19 Century the Technical advancement took significant leap around world, the area of mechanical, electronics and Pharma sector which ultimately enable the human reach out beyond the local borders and across world. It opened the door of opportunities for trade, business and overall adding economic development. The world desperately needs protection of IPRs not only in domestic scope but also at Global level and initiatives like WIPO and other International conventions was initiated for domestic adoption of international standards for in order to protection IPRs.
As per latest stats below by WIPO, IPRs in area of the patents have increased significantly in last few decades and anticipated to continue with same please refer World Intellectual Property Indicators 2023