Property was said to be classified as movable or immovable during the ancient era. But with the impact of the Industrial Revolution and rapid changes in science, technology, and culture, a new term of definition of property came into existence called ‘Intellectual Property’. New rights and properties like patents, copyrights, and designs are exclusively under […]
Section 2(1)(zb) of the Trademarks Act, 1999 (hereinafter referred to as the Act) defines trademarks as:“a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include shape of goods, their packaging and combination of colours”[1]. In addition to this
India is known as the country of tradition and culture. The diverse range of flora and fauna is the most valuable and the biggest asset of the country. The rural population of our country solely depend upon the traditional and cultural values for livelihood [1]. A very small portion of this traditional knowledge is documented
The TRIPS agreement came into effect on January 1, 1995. The TRIPS agreement that is Trade Related Aspects of Intellectual Property Rights includes various categories of intellectual property that are patents, trademarks, copyrights, industrial designs, trade secrets, etc. The privileges granted to individuals and organizations for their originality and advancements are a form of intellectual property. Within a certain amount of time, such rights typically offer the producer an exclusive privilege to use his or her invention. Throughout all levels-statutory, bureaucratic and judicial-the value of intellectual property in India is quite well known. This sets up minimal rules for the treatment and promotion of the rights in the member States that, with a view to reduce distortions and hindrances to world commerce, are expected to facilitate effective and consistent protection of intellectual property. The responsibilities resulting from the TRIPS Agreement correspond to the establishment of basic requirements of security within the legal structures and procedures of the Member States.
In India, The Trade Marks Act, 1999 regulates and provides for the protection of trademarks. Section 2(1) (zb) of the Act gives the definition of what a trademark is. It provides for specific criteria to be fulfilled for a mark to qualify as a trademark. It lays down that any mark which is capable of being represented graphically and can be used to distinguish the goods and services of one person from the goods and services of another can qualify as a trademark.[1] It also lays down that this mark can also be in the form of a shape of the actual product, packaging, a combination of colours, etc.
The issue of protection of fictional characters under IP laws separate from the works which contain them has plagued IP law scholars since the late 20th century. The rise in popularity of fictional characters which gives them higher marketability makes this issue an attractive one[1]. In the last few decades, due to the rise of
Under the Patents Act, 1970, when a patent is granted to a person for some new invention of a product, article or process, then he is conferred with exclusive rights in order to prevent a third party from making, using, selling or importing such invention without the consent of the patentee. This prevents third parties
The main aim of the competition laws in an economy may be defined by the assurance of fair competition in the market by the use of the various regulatory mechanisms. The main intention of the competition laws is not to create any constrictions that may be detrimental to the growth of society but to avoid
The domain of copyright as an intellectual property involves the protection of literary and artistic works and other related rights and includes writings, paintings, musical compositions as well as technological works like computer programs and software.
