WHAT IS INTELLECTUAL PROPERTY RIGHT?

INTELLECTUAL PROPERTY

Intellectual Property basically refers to the intelligence of a human mind. Intellectual Property recognizes the originality of Human Mind in innovation, artistic work, designs, any graphical or animated symbols used for any commercial or social objective.

Therefore, under Indian Law, Intellectual Property of any person has been protected under various statutory law, prescribed as Intellectual Property Rights, wherein such exclusive rights are being granted by the statutory and administrative body defined under the various statute to enjoy the protection for their originality of work in various fields.

TYPES OF INTELLECTUAL PROPERTY AND LAW UNDER WHICH IS PROTECTED

INNOVATION

The innovation of any machine or instrument is also defined as Patent and protection for the same is guided under the Patents Act, 1970. Innovation or invention also includes improvement of any previous invention, but the property should be derived as the unique property after the improved invention. Merely discovering or changing an existing technology does not come under the ambit of the invention. Hence, in such cases, the person will not be entitled to any protection under the Patent Act. 

ARTISTIC WORK

Artistic Work includes work on Literature, Dramatic Work, Musical Work and Cinematographic Work. The Copyright Act has laid down rights and protections that are granted to the creators. For example, authors get specific permission to use their artwork for any commercial or social purpose. But common properties like a source of information is not the subject matter of Copyright. In fact, the individual’s performance in a cinematographic film is also not a Copyright subject matter. Hence, an Actor cannot enjoy copyright of his own performance.

SYMBOLIC AND GRAPHICAL REPRESENTATION

The Symbolic mark, capable of being represented graphically and which is capable of distinguishing goods or services of one person from those of others and may include the shape of goods, packaging and combination of colours.

It also includes a mark used in relation to goods or services to indicate a connection in the course of trade between the goods or services.

Such Graphical Representation is protected under the Trademarks Act. The primary purpose of a trademark is to distinguish the Particular Goods and Service, from the other good and service of the same class or different class. It can be a combination of word, colour as well as the abbreviation.

Another objective of this act is that the law on this matter is designed to protect traders against unfair competition, which consists of acquiring for oneself, by means of false or misleading devices, the benefit of rival traders' reputation already achieved. Hence, the law prescribes orders to protect any person's rights in the business of any goods and services and to promote the fair business across the country.

The only thing required to be kept in mind is that the trademarks act does not grant protection for that representation, which consists of a common name, for instance, the name of Hindu deity-like, Shri Ram.

Author: Bhaskar Aditya