Some Terminologies for Scientech recently in news

COPYRIGHT

It is a right available for creating an original

• Literary and dramatic work.
• Musical or artistic work.
• Cinematographic films (Soundtracks, Video films, Disc/Tape/Roll recordings.
• Computer software/ Programs (within definition of literary work.)

 v    Berne Convention

India is a member of Berne convention. Under this international treaty, registration of copyright is not an essential requirement for protection of right. Thus, a copyright or a work created in India would be automatically and simultaneously protected in all the member countries.

 v    Transfer of Copyright

The owner of a copyright may assign to any person, the copyright either wholly or partially

•  For the entire world or for a specific nation/territory.
•  For the full term of copyright or a part thereof.
• Relating to all the rights or only a part of such right.

INDUSTRIAL DESIGN

v      The external design, colour scheme or ornamentation of a product plays a key role in the market acceptability of the product.

v      These rights intend to protect the external design of a product from imitation.

v     Definition of Design—The Two dimensional or Three dimensional features of

• Shape
• Configuration
• Pattern
• Ornamentation
•  Pattern of lines or colors

v     Requirements of Design

•  New or original
•  Should relate to features of shape/configuration/pattern/ornamentation
•  Should be applicable to a production by mechanical process
•  Should appeal to and judged by eye only
•  Should not include any trademark/ property mark/artistic work
• Should not contain obscene or scandalous matter

 Note: It does not include any mode or principle of construction or anything which is in substance, a mere mechanical device.

 TRADEMARK

v      A distinctive sign, which identifies certain goods or services as provided/produced by specific person/enterprise

v     May consist of drawings, symbols, 3-d signs, shape colors used as distinctive features

v     Certificate Trademarks indicates that the goods are of

• Certain quality or
• Manufactured in a particular way or
• Come from a specific region or
• Use some specific material
• Maintain a certain level of accuracy

GEOGRAPHICAL INDICATIONS

v     Applicable to agricultural, natural or manufactured goods

v     Goods originating or manufactured (Production/Processing/Preparation) in the particular territory of a country or region or locality in that territory

v     The given quality, reputation and other characteristics of goods is essentially attributable to its Geographical origin.

v     This concept is new in India and came in limelight after India signed Trade Related Aspects of Intellectual Property Rights (TRIPS). According to TRIPS

• A GI is applicable and protected in all the member countries
• A GI not protected in the country of origin will not be protected anywhere else.
• Conditions for Homonymous GI (Ex: Wines) will be determined by the state
• Provision for principals of national treatment and fair competition
• Provision for seizure of goods indicating false GI

PROTECTION OF INTEGRATED CIRCUIT LAYOUT DESIGN

v      It provides protection for semiconductor IC layout design including a transistor layout and other circuitry elements like lead wire designs.

v      An IC layout design can’t be registered if it is

• Not original
• Commercially exploited anywhere in India or World
•  Inherently not distinctive

TERMS OF VARIOUS IPRS

v     Patent—20 years (From the date of filing application)

v     Copyright:

• Literary/Dramatic/Artistic/Musical work—Lifetime of the author +70 years from the year of death of the author
• All others—50 years from the date/year of application

v     Industrial design— 10 years (Can be extended up to 5 years)

v     Trademark—–10 years (Can be extended by 5 years)

v     Geographical Indications— 10 years (Can be extended by 5 years)

LEGISLATIONS COVERING IPRS

v     Patents

• The Patent Act (1970)

v     Copyright

• The Copyright Act (1957)(Amended ’83, ’84, ’93, ’94 ‘99)
• The Copyright Rules (1958)

v      Trademark

•  The Trade and Merchandise Marks Act (1958)
•  The Trademark Act (1999) (Supersedes the former, waiting enactment)

v      Industrial Deign

•  The Designs Act (1911)
• The Designs Act (2000) (New, supersedes the former)

v      IC layout design

• The Semiconductor Integrated Circuit Layout Design Act (2000) (Waiting enactment)

v     Geographical Indications

•  The Geographical Indications of Goods (Registration and Protection) Act 1999 (waiting enactment)