Tuning with the changing industrial world, the intellectual property rights have continued to strengthen its position in the India.
In 1999, the government has passed the important legislation in relation to the protection of intellectual property rights on the terms of the worldwide practices and in accordance to the India’s obligations under the Trade Related Aspects of Intellectual Property Rights. It consists of The Patents(Amendment) Act, 1999 which was passed on 10th March, 1999 in the Indian Parliament for amending the Patents Act of 1970 which in turns facilitate to establish the mail box system for filing patents and accords with the exclusive marketing rights for the time period of 5 years. The Trade Marks Bill, 1999 was passed in the India parliament during the winter session for replacing the Trade and Merchandise Marks Act, 1958. It was passed on 23rd December, 1999. The Copyright (Amendment) Act, 1999 was passed by both upper house and lower house of the Indian parliament and was later on signed by the Indian president on 30th December, 1999. The sui generis legislation was approved by both houses of the Indian parliament on 23rd December, 1999 and was named as the Geographical Indications of Goods (Registration & Protection) Bill, 1999.
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The Industrial Designs Bill, 1999 was passed in the Upper Hoyse of the Indian parliament for replacing the Designs Act, 1911. The Patents (Second Amendment) Bill, 1999 was introduced in the upper house of the parliament for further amending the Patents Act 1970 and making it compliance with the TRIPS. Along with the legislative measures, the Indian government has introduced several changes for streamlining and bolstering the intellectual property administration system in the nation. Several projects concerning to the modernizing of the patent information services and trademark registry have been undergone with the help of the World Intellectual Property Organization/ United Nations Development Programme. Advantages of copyright law – Copyright helps in protecting the original published/unpublished work that can be fall under the different heads of literature, musical, dramatic, artistic and intellectual. If we say the economic and social development of the nation relies upon the creativity skills of its people, then there would be no exaggeration. Copyright helps in making a protective shield, which is conducive for the growth rate of writers, artists, producers, musicians, cinematographic artists and induce them towards indulging into more creative work.
By copyrighted their creation, copyright holder can enjoys following rights – (i) One can use, re use, reproduce the copies and can sell the copies. (ii) One can import or export whole or part of work. (iii) One is free to create any derivative work. (iv) One can publicly demonstrate its work. (v) One can sell or pass its rights to other person. One can indulge in transmitting or displaying work by radio or video.
Advantages of patent law – Patents assist in powering the research and development. Many corporations have huge budget set aside for extensive research and developments. Without the covering shell of patent, extensive spending of R&D would be less or go insignificant, which will limit the chances of technological growth.
Such companies would hesitate in spending bulk amount on research activities, as any other third person can easily exploit their new developments. In accordance to the meaning of ‘patent’, it allows and encourages the holder to publicly disclose the innovations in public domain for societal needs. If patent holder will not get any legal protection, then they would tend to keep their invention as a secret, as any disclosure would amount to the loss of license holder rights.
Such companies which involve high fixed cost and low marginal cost, like computer processors software, pharmaceuticals, face high commercialization cost of testing, setting up of factory etc. Unless such companies do not have a protective shield for competing with marginal cost, they will hesitate in moving ahead. Patent allows them to purely concentrate on manufacturing process. It allows inventor to maintain monopoly on the invention for a specified period of time. Generally a patent application must possess of one or two claims, which are new, innovative and commercially viable.
An advantage of utility model: The utility model is the intellectual property right for protecting the inventions. It is somehow described as the statutory monopoly which is bestow upon for the fixed duration of time in exchange to the inventor for the offering of the sufficient teaching of the invention and permitting the other person, possessing the ordinary skills of the relevant art, of performing the invention. The rights granted under the utility model are somewhat identical to those conferred upon by the patent but are more considerable for using the term ‘incremental inventions’. Sometimes words like ‘petty patent’, ‘innovation patent’, and minor patent” and ‘small patent’ are used in reference of the utility model such models are considered to be more suitable particularly for the small scale enterprises, which in turns make the ‘minor’ improvements with the adaption of the existing products. Utility models are more commonly used for the mechanical innovations. Advantages of trade mark law: The trademark helps in making an identification of the goods and services along with its origin it helps the trademark holder to advertise its products or/and services and also creates a good image in the mind of its final consumer but the trademark chosen should be capable of making a distinction between the goods or services of different people.
Furthermore, it should not be deceptively identical to the existing mark of the other person and should not be such that which is restricted in the Act.