Intellectual property rights have a wider scope as the IPR is of conscience game of bringing revolution. The brain of thinking innovation and making creativity function, novelty, show the intellect to create something new and novelty.
To protection of such rights and curiosities Pramotion of innovation is nothing but the IPR Intellectual Property Rights.
Subject matter of IPR Scope
IPR is statutes which deals with different subject matters such as related to literature, Nobles, poems, fashion design, discovery etc. In this Copyrights, patents, Trade mark etc are given to protect the subject matter.
Copyrights, IPR Scope
The Copyrights is the protect provided to creator, writer etc for a period specified according to the statutes of IPR. Generally it given for the period of 60 years or sometime for till the life span of creator.
The Copyrights can be in literature, Nobles, poems, fashion design, artistic works, musical works, sound recording, cinematography film( character moves), photograph( inspiration may be same, but the presentation shall be unique, orginal and new) etc.
The above mentioned subjects may gain Copyrights only if the expression of creation with no any existence, it shall be original and new, no any remake or reverse element addition.
Can idea be Copyright ?
As the IPR and whole of it’s subject matter states that only the expressed and functionary things, creation, innovation etc which bring something new and revolution after coming it’s.
Therefore IPR clearly stating that the idea only shall not be Copyright unless it’s applicability and existence not at ground or out of intellect in form of creation and innovation.
Patents IPR Scope
This subject matter is of invention which brings a revolution in the industrial field area. The invention which have its industrial application, practical ( provide to public work and use ).
The invention must have novelty into it, no any remake or property change into existing product.
As per IPR Act 1970 Patent is an exclusive rights given to an inventor of new product or process to make a product, it is an exclusive.
The patent are given mainly of 20 years after that it’s for open for public, the date of patent count from the date when you file your patent.
Hoffman Caroche v. Cipla, IPR Scope
In the case Hoffman Caroche v. Cipla, Supreme court held that patent is an exclusive property rights which the state grant to inventor in exchange with there agreement to share it’s detail with public.
Invention patent, IPR Scope
According to section 2(j) of patent act 1970 invention, working model having inventive step and capable of industrial application.
Inventive step
Section 2(ja) of Patent act 1970 inventive step means a feature of an invention that involves technical advance as compared to the existing knowledge.
Or having economic significance or both and that makes the invention not obvious to person skilled in the art.
Dhanpat seth v. Nilkamal plastic, IPR Scope
In this case Dhanpat seth v. Nilkamal plastic the Court held that mere fact the device is made from polymeric material instead of Bamboo is not having any inventory step. As there is nothing ‘new’ about the manufacturing process.
New invention
Section 2(L) of patent act 1970 new invention means any invention or technology which has not been anticipated by publication in any documents or used in the country or elsewhere in the world.
Before the date of filling of patent application with complete specification, I.e. the subject matter has not fallen in the public domain or that it does not form part of the state of art.
Novartis AG v. UOI
In this case Novartis AG v. UOI the SC held that novelty in chemical is not necessary new if something strange or unfamiliar. It can be different from previous or better than before.
Discovery Patents
Discovery can be invention but not have any patents, unless it get into new product which is new and industrial application to it.
Example:- The Discovery of rubber plant is not an invention, it is already existing in the nature, the patent is for to change the use of rubber which is for industrial application as well as for the work and use of common people.
Invention of Deep freezer brought revolution in hotel, restaurant, food and beverage area.
Case B.P Radheshyam v. Hindustan metal industries 1979
In this case B.P Radheshyam v. Hindustan metal industries the Supreme Court, the patent is granted only for invention which is new and useful for validity of patent. It is necessary that it should not be mere verification of what is known or discovered.
Trade Marks
Trade mark are their to distinguish mark from one seller to another goods so that consumers can not confuse. Collective trade mark eg, Fssai, hall mark etc.
- To prevent from Deceptive sign
- Deceptive similar
- Smell, sound, position etc.
- It is trade dress of a product which distinguish and make their image of there product in consumers brain.
- Example Lays chips packet, parle biscuit, MacDonald M, etc.
Collective trade meaning
According to section 2(g) of IPR trade mark act 1999 the collective mark means a trade mark distinguishing the goods or services of members of an association of persons.
Not being a partnership within the meaning of the Indian Partnership Act 1932. Which is the proprietor of the mark from those of others.
Geographical Indication
The Geographical Indication, is popularly known as GI tag which is given to protect goods of specified geography area.
There is also invention of human brain, it is a community right, knowledge passes generation to generation, claim by association in case of any violation against it, not by individual.
Example of Geographical Indication are such as madhubani painting of Bihar, Banarasi saree, Nagpur orange, India Basmati Rice Etc.
Traditional Knowledge
Traditional Knowledge is nothing but the knowledge which is passed from generation to generation to make or produce any goods.
TKDL Traditional Knowledge Digital Library, open source traditional Knowledge data base of India. Traditional Knowledge is also a community right of Intellectual Property Rights.
Example the use of neem, turmeric, ashwagandha, etc, for medical in our India passed generation to generation.
The famous bio piracy Case are Azadirachta indica popularly known as Neem case, Curcumma longa linn known as turmeric etc, In The European Patent Office (EPO).
What Bio piracy means?
The Biopiracy is, in which genetic resources of farming by individuals or institutions seeking to an unauthorized appropriation of knowledge, exclusive monopoly control through patents.
Trade Secret, IPR
The trade secret is nothing but to keep the trade secret to create curious to customers.
Example McDonald burger tikki, fry, Maggie Massala secret, coca cola, etc.
Designs, IPR
In IPR designs are of copyright or patent, if the design is industrial design, which can be applies in product / industry new utility of product then it is patent on design. If the design is on paper then the design is of copyright.
Plant Varieties and breeders rights act
The Protection of Plant Varieties and Farmers’ Rights Act, 2001 (PPV&FR Act)
- For protection of plant varieties,
- the rights of farmers and plant breeders and
- To encourage the development of new varieties of plants.
- Economic growth bringing,
- green revolution,
- white revolution,
- Which have unique novel quality.
Example cross breed of wheat, rice or other grains and pulses into hybrid form which have novel quality, Cross breeding of dairy animals such as Buffalo, Cow , Goat etc.