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Intellectual Property Right(IPR) in India: Laws and Procedures

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Intellectual property is the outcome of the human intellect, including creativity concepts, inventions, industrial models, trademarks, songs, literature, symbols, names, brands, etc. Intellectual Property Rights are uniform. They allow their owners to benefit entirely from the product, which was initially an idea that was developed and crystallized by the inventor. They also entitle the owner of such a product to prevent others from using, dealing, or tampering with the same product without prior permission. He can, in fact, legally sue them and force them to stop and compensate for any damages.

Ownership of the ideas, including literary and artistic works which are protected by copyright, inventions protected by patents, signs for distinguishing goods of an enterprise protected by trademarks and other elements of industrial property.

Protection of Intellectual Property Rights

Protection of Intellectual Property Rights allows the innovator or owner, brand owner, patent holder, and copyright holder to benefit from his work, labor, and investment, which does not mean monopoly his intellect. Such rights are set out in the International Declaration of Human Rights, which provides for the right to benefit from the protection of the moral and physical interests resulting from the rights holder?s work, literal or artistic product.

Types of Intellectual Property Rights:

1. Copyright: Copyright is a legal term to describe the rights that creators have over their literary and artistic works. Works covered under copyright are books, music, paintings, sculpture, and films to computer programs, databases, advertisements, maps, and technical drawings.

2. Patent: A patent is an exclusive right granted for an invention. In General, a patent provides the patent owner with the right to decide how - or whether - others can use the invention. In exchange for this right, the patent owner makes technical information i.e. Complete Specification about the invention publicly available in the published patent document.

3. Trademark: A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of others. Trademarks date back to ancient times when artisans used to put their signature or "mark" on their products to be recognized.

4. Industrial Designs: Industrial designs constitute the ornamental or aesthetic aspect of an article. A design may consist of three-dimensional features, such as the shape or surface of an article, or two-dimensional features, such as patterns, lines or color, etc.

5. Geographical indications: Geographical indications and appellations of origin are signs used on goods or products that have a specific geographical origin and possess qualities, a reputation or characteristics that are essentially attributable to that place of origin of the product. Mostly, a geographical indication includes the name of the place of origin of the goods.

6. Trade Secrets: Trade secrets, like other intellectual property rights, can be extremely valuable to a company's growth and sometimes even critical for its survival. Businesses must ensure that they have adequately protected their business processes, technical know-how, and confidential information from competitors. A trade secret may refer to a practice, procedure, design, instrument, or a compilation of data or information relating to the business, which is not generally known to the public and which the owner reasonably attempts to keep secret and confidential.


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