Innovation and Business

1 IPR

Intellectual Property Rights (IPRs) are crucial for innovation. It is the foundation of any knowledge-based economy. It is the interface of - creations and rights. It pervades through all sectors of the economy and is increasingly becoming important for ensuring competitiveness of the enterprise. Role of IPR lay in providing a legal right to the inventor to protect his/her creation as well as preventing others from illegally exploiting the creation and thus avoid re-invention of the wheel.

The various tools of IPR that are used to protect innovations are:-

  • Copyright: is concerned with protection of creative works that are musical, literary, artistic, lectures, plays, art reproductions, models, photographs, computer software, etc.
  • Patent: pertains to pragmatic innovations and aims to protect inventions that are novel, non-obvious and useful.
  • Trademark: is related to commercial symbols and concern to protect distinctive marks such as words/signs including personal names, letters, numerals, figurative elements (logos); devices; visually perceptible two or three dimensional signs/shapes or their combinations; audible signs (sound marks) e.g. the cry of an animal or laughing sound of a baby; olfactory marks (smell marks), use of certain fragrance.
  • Industrial Designs: protects novel nonfunctional features of shape, configuration, pattern, ornamentation or composition of lines or colours, applied to any article either two or three dimensional or in both forms by any industrial process or means whether manual, mechanical or chemical, separate or combined which in the finished article appeal to and are judged solely by the eye.
  • Geographical Indications (GI): are defined as that aspect of industrial property, which refers to the country or to a place of origin of that product. Typically, such a name conveys an assurance of quality and distinctiveness of the product, which is essentially attributable to the fact of its origin in that defined geographical locality, region or country.

Intellectual Property Rights are always territorial. Globalization and rapid proliferation of technology has elevated the importance of intellectual property rights. 

2 IPR Laws & Regulations

ᱵᱷᱟᱨᱚᱛ ᱣᱤᱥᱣ ᱵᱤᱡᱱᱚᱥ ᱥᱟᱸᱝᱜᱚᱴᱚᱱ ᱨᱮᱱ ᱢᱤᱛ ᱥᱟᱸᱥᱛᱷᱟᱯᱚᱠ ᱥᱚᱫᱚᱥᱭ ᱠᱟᱱᱟᱭ ᱟᱨ ᱩᱱᱤ ᱫᱚ ᱵᱤᱡᱱᱚᱥ ᱵᱟᱠᱷᱨᱟ ᱵᱳᱫᱷᱤᱠ ᱥᱟᱢᱯᱟᱫᱟ ᱚᱫᱷᱤᱠᱟᱨ ᱠᱩ (ᱴᱨᱤᱯᱥ) ᱨᱮ ᱮᱜᱨᱤᱢᱮᱸᱴ ᱨᱮᱭᱟᱜ ᱮ ᱯᱩᱥᱴᱤ ᱮᱫᱟ. ᱮᱜᱨᱤᱢᱮᱸᱴ ᱞᱮᱠᱟ ᱛᱮ, ᱵᱷᱟᱨᱚᱛ ᱥᱟᱦᱟᱸᱣ ᱛᱮ ᱡᱚᱛᱚ ᱥᱚᱫᱚᱥᱤᱭ ᱫᱤᱥᱚᱢ ᱠᱩ ᱜᱚᱴᱟ ᱟᱠᱟᱱ ᱚᱠᱛᱚ ᱥᱤᱢᱮ ᱵᱷᱤᱛᱨᱤ ᱨᱮ ᱯᱚᱨᱚᱥᱯᱟᱨᱤᱠ ᱞᱮᱠᱟ ᱛᱮ ᱜᱟᱯᱟᱞᱢᱟᱨᱟᱣ ᱨᱮᱭᱟᱜ ᱞᱮᱠᱷᱟ~ᱡᱚᱠᱷᱟ ᱠᱩ ᱟᱨ ᱢᱟᱱᱚᱜ ᱠᱩ ᱣᱟᱜ ᱯᱟᱞᱚᱱ ᱦᱩᱭᱩᱜ ᱠᱟᱱᱟ. ᱚᱱᱟ ᱞᱮᱠᱟ ᱛᱮ, ᱵᱷᱟᱨᱚᱛ ᱨᱮ ᱢᱤᱫ ᱵᱩᱫ ᱥᱚᱢᱯᱚᱛᱤ ᱦᱚᱠ (ᱟᱤ, ᱯᱤ, ᱟᱨ.) ᱥᱟᱥᱚᱱ ᱨᱮᱭᱟᱜ ᱛᱷᱟᱯᱚᱱ ᱦᱚᱪᱚᱣᱟ ᱠᱟᱱᱟ, ᱚᱠᱟ ᱰᱵᱞᱩ. ᱯᱤ, ᱚ. ᱨᱮᱭᱟᱜ ᱟᱱᱩᱠᱟᱩᱞ ᱠᱟᱱᱟ ᱟᱨ ᱡᱟᱛᱚ ᱛᱟᱦ ᱨᱮ ᱵᱮᱥ ᱞᱮᱠᱟ ᱛᱮ ᱛᱷᱟᱯᱚᱱ ᱟᱠᱟᱱᱟ ᱥᱮ ᱵᱟᱝ, ᱵᱮᱫᱷᱟᱱᱤᱠ, ᱯᱨᱥᱟᱥᱟᱱᱤᱠ ᱟᱨ ᱵᱟᱝ ᱱᱭᱟᱭᱤᱠ.

The Government has taken a comprehensive set of initiatives to streamline the intellectual property administration in the country in view of its strategic significance. The Controller General of Patents, Designs and Trade Marks (CGPDTM) under DIPP is nodal authority that administers all matters relating to patents, designs, trademarks and geographical indications and also directs and supervises the functioning of :-

  1. The Patent Office (including Designs Wing)
  2. The Patent Information System (PIS)
  3. The Trade Marks Registry (TMR), and
  4. The Geographical Indications Registry (GIR)

Besides, a 'Copyright Office' has been set up in the Department of Education of the Ministry of Human Resource Development, to provide all facilities including registration of copyrights and its neighboring rights.

ᱡᱟᱦᱟᱱ ᱦᱟᱵᱤᱜ ᱤᱱᱴᱮᱜᱨᱮᱴᱮᱰ ᱥᱚᱨᱠᱤᱴ ᱨᱮᱭᱟᱜ ᱞᱮᱟᱣᱩᱴ ᱠᱷᱚᱱ ᱥᱟᱜᱮᱭ ᱢᱮᱱᱟᱥᱜ ᱢᱟᱢᱞᱟ ᱠᱩ ᱨᱮ ᱥᱚᱢᱵᱚᱱᱫᱷ ᱢᱮᱱᱟᱜ-ᱟ, ᱥᱩᱪᱱᱟ ᱯᱨᱳᱫᱷᱳᱜᱤᱠᱤ ᱢᱟᱱᱛᱨᱟᱞᱚᱭ ᱨᱮ ‘ᱥᱩᱪᱱᱟ ᱯᱨᱳᱫᱷᱳᱜᱤᱤ ᱵᱤᱵᱷᱟᱜ’ ᱱᱳᱰᱚᱞ ᱥᱟᱝᱜᱚᱴᱚᱱ ᱢᱮᱱᱟᱜ-ᱟ. ᱢᱮᱱᱠᱷᱟᱱ, ᱠᱨᱥᱤ ᱢᱟᱱᱛᱨᱟᱞᱚᱭ ᱨᱮ ‘ᱫᱨᱤ ᱠᱩ ᱨᱮᱭᱟᱜ ᱨᱚᱠᱚᱢ ᱟᱨ ᱪᱟᱥᱟ ᱠᱩᱣᱟᱜ ᱚᱦᱤᱠᱟᱨ ᱠᱩ ᱵᱟᱱᱪᱟᱣ’ ᱯᱞᱟᱱᱴ ᱨᱮᱭᱟᱜ ᱨᱚᱠᱚᱢ ᱠᱩ ᱠᱷᱚᱱ ᱥᱟᱸᱵᱟᱱᱫᱷᱟ ᱡᱚᱛᱚ ᱩᱯᱮᱭ ᱠᱩ ᱟᱨ ᱱᱤᱛᱤ ᱠᱩ ᱨᱮᱭᱟᱜ ᱯᱨᱟᱵᱚᱱᱫᱷ ᱫᱟᱭ.

Legislations/Laws governing IPR in India are: -

ᱠ. ᱵᱤᱡᱱᱚᱥ ᱪᱤᱱᱦᱮ ᱚᱫᱷᱤᱱᱤᱭᱚᱢ, 1999

ᱠᱷ. ᱡᱤᱱᱤᱥ ᱠᱩ ᱨᱮᱭᱟᱜ ᱵᱷᱳᱜᱳᱞᱤᱠ ᱥᱮᱸᱠᱮᱛ (ᱧᱩᱛᱩᱢ ᱚᱞ ᱩᱪᱩ ᱟᱨ ᱥᱟᱸᱨᱚᱠᱪᱷᱚᱱ) ᱚᱫᱷᱤᱱᱤᱭᱚᱢ 1999

ᱜ. ᱫ ᱰᱤᱡᱟᱤᱱ ᱮᱠᱴ, 2000

d. ᱯᱮᱴᱮᱸᱴ ᱟᱫᱷᱤᱱᱤᱭᱚᱢ, 1970 ᱟᱨ ᱤᱱᱟ ᱛᱟᱭᱚᱢ ᱨᱮᱭᱟᱜ ᱥᱟᱹᱛ ᱟᱹᱨᱩ 2002 ᱟᱨ 2005 ᱨᱮ

e. Indian Copyright Act, 1957 and its amendment Copyright (Amendment) Act, 1999

f. Semiconductor Integrated Circuit Layout Design Act, 2000

g. Semiconductor Integrated Circuit Layout Design Act, 2000

3 TRIPS

Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS). It for the first time brought laws relating to intellectual property into the international trading system. This agreement narrowed down the differences existing in the extent of protection and enforcement of the Intellectual Property rights (IPRs) around the world by bringing them under a common minimum internationally agreed trade standards. The member countries are required to abide by these standards within stipulated time-frame and promote effective protection of IPRs in order to reduce distortions and impediments to international trade.