What are Intellectual Property Rights?
Intellectual Property Rights are intangible assets, created for protection of one’s brand, design, logo, invention etc. The requirement and procedure for obtaining registration of intellectual properties vary accordingly. The owner of intellectual property enjoys various rights and is protected against infringement from third parties.
TYPES OF INTELLECTUAL PROPERTY RIGHTS IN INDIA
There are 7 types of Intellectual Property Rights available in India, the following are given below:
1. Copyrights
Asset- Literary, Dramatic works, Musical works, Artistic works etc.
Applicable Act- The Copyrights Act, 1957
Applicable Rules- Copyright Rules, 2013
Example-
- Literary works- The God of Small Things by Arundhati Roy
- Artistic Works- Starry Night by Vincent Van Gogh
- Musical Works- Tere Bina by A.R. Rahman
- Cinematograph Films- Dilwale Dulhania Le Jayengeby Yash Raj Films
- Computer Software- Microsoft Office by Microsoft Corporation
2. Trademarks
Asset- Product name, Business name, Logo, Symbols, Tagline, Sound mark etc.
Applicable Act- The Trade Marks Act, 1999
Applicable Rules- Trademarks Rules, 2017
Example-
- Apple’s bitten Apple- Device Mark
- Google’s brand name- Word Mark
- Coca-Cola – Combined Mark, using its name and font combined
- Just Do it, Nike’s Tagline- Tagline/Slogan Mark
- Nokia Tune – Sound Mark
3. Patents
Asset- Inventions
Applicable Act- The Patents Act, 1970
Applicable Rules- Patents Rules, 2003
Example-
- Utility Patents- Jaipur foot
- Pharmaceutical Patents- Anti cancer drug Gleevac by Novartis AG
- Process Patents- Swadeshi Steam Engine by National Innovation Foundation
4. Designs
Asset- Shape, Configuration, Pattern, Ornament etc.
Applicable Act- The Design Act, 2000
Applicable Rules- Designs Rules, 2001
Example-
- Graphic Designs- Logo of make in India by National Institute of Design
- Fashion Designs- Saree designs by Sabyasachi
- Interior Designs- Taj Mahal Palace hotel by W.A. Chambers
- Industrial Designs- Prestige Smart Kitchen by TTK Prestige Ltd.
- Architectural Designs- Lotus Temple by Architect Fariborz Sahba
- Web Designs- IRCTC Website
5. Geographical Indication
Asset- Agricultural products, Foodstuff, Wine, Spirit Drink, Handicrafts, Industrial Product
Applicable Act- The Geographical Indications of Goods (Registration and Protection) Act, 1999
Applicable Rules- Geographical Indications of Goods (Registration and Protection) Rules, 2002
Example-
- Agricultural Products- Darjeeling tea from Darjeeling district of West Bengal
- Handicrafts- Kashmiri Pashmina Shawl from Kashmir Valley
- Food Products- Alphonso Mango from Ratnagiri
- Textiles- Chanderi Silk from Madhya Pradesh
- Handlooms- Banarasi Saree from Varanasi
- Arts and Crafts- Blue Pottery of Jaipur
6. Plant Varieties
Asset- Plant Variety
Applicable Act- The Protection of Plant Varieties and Farmer’s Rights Act, 2001
Applicable Rules- Protection of Plant Varieties and Farmers’ Rights Rules, 2003
Example-
- Rice Varieties- Basmati
- Wheat Varieties- HD 2967 variety of wheat
- Vegetable Varieties- Arka Komal variety of Tomato
- Fruit Varieties- Kesar mango
- Flower Varieties- Gladiolus Grandiflora variety of Gladiolus
- Medicinal Plant Varieties- Ashwagandha Plant
7. Semi-Conductor Integrated Circuits
Asset- Layout Designs
Applicable Act- The Semiconductor Integrated Circuits Layout- Design Act, 2000
Applicable Rules- Semiconductor Integrated Circuits Layout-Design Rules, 2001
Example- Intel Corporation for its layout designs of semiconductor ICs
8. Biological Diversity
Asset- Plants, animals and micro-organisms etc.
Applicable Act- The Biological Diversity Act, 2002
Applicable Rules-
- Biological Diversity Rules, 2004
- Access to Genetic Resources and Benefit Sharing Regulations, 2014
- National Biodiversity Authority (Transaction of Business and Procedure) Rules, 2004
- Biodiversity Management Committees Rules, 2004
- Biological Diversity (Access) Amendment Rules, 2017
Example- Neem tree registered as a biological resource
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