INTELLECTUAL PROPERTY LAW

INTELLECTUAL PROPERTY LAW BY JITENDRA CHITNIS [B.E., Ph.D.(LAW)]



INTRODUCTION

After a hardship and dedication of ten full years one Chemist developed a formulae of a medicine which can be used for Blood Pressure and he was about to declare the composition in a press meeting and he had planned to sale it to Pharma Company. But within one week time he found that similar medicine was declared by other company coming to market. Was it a coincidence, that, the formulae of other company was same? No, the assistant who was helping chemist had copied the formulae and gave it to other company. Now look at the controversy with natural angle that chemist did all the research but assistant copied it and gave it to other company made some money. But chemist lost his time, money and research work done.

Such work of any person is known as intellectual work and can be protected by Intellectual Property Law.

Similarly there is possibility of copy of design and the logo or trademark used for business. Such copying is violation of Intellectual Law.

Definition

"Information which can be incorporated intangible objects at the same time in an unlimited number of copies at different locations anywhere in the world. The property is not in those copies but in the information reflected in those copies."



Different types of IPR

By way of use of the Intellectual work the Right also differ or name of the right differ in following ways-

Patent
Trademark
Copyright
Design


Patent

Any product in Industry or company can be developed and such process of developing such product is patent.

Trademark

A symbol or logo which is used for business is sometimes copied to sale the products by such misuse. Such copying can be protected by Trademark law.



Copyright

Copyright is the law to protect writing of author of book, movie script or dramatic work.



Design

Features of shape, configuration, pattern or ornament applied to an article by any industrial process, being features which in the finished article appealed to an are judged solely by the eye.

Essentials of design-

New and different than earlier
The whole article parts
Must match
Immaterial appearance
Functional features


International Character of Intellectual Property

The trades are globalizing and e-commerce has widen the horizons of businesses worldwide. Due to this the threat to IPR laws is also widen and hence it seems that we need to have international character of Intellectual property.



English movies, Computer softwares are high on the piracy list in international IPR law violations.

So now it must be clear for the readers that how important Intellectual Property Right law is and how we need to protect it with due care and implementation. The violation is rampant and it is necessary to create awareness and also reduce or keep the cost of IPR protected material within the reach of common man or else the piracy is bound to be there.





References

P. Naraynan, Intellectual Property Law, 2nd Ed.(1997), Eastern Law House, Calcutta

Pankaj Jain and Pandey Sangeet Rai, Copyright and Trademark Laws, Eastern Book Co., 1st Ed., 2005

S K Verma & Raman Mittal, IPR A global Vision, Indian Law Institute, 2004

John Adams, Merchandising Intellectual Porperty Rights, 1987, Butterworth

P S Narayana, Intellectual Property Right, GOgia Publications, 2000, Hyderabad