~ Anubhooti Shaw
"A Patent is a Grant, but Inventor ship is a Right"
~ Kalyan C. Kankanala
As important as it is to protect what one has created, it is the duty on the part of the law to do so. An innovation is made up of hard work, knowledge and dedication which obviously shouldn't be ignored. But it should also be considered that ownership does increase the value of the invention which in turn increases the market price.
With the 2016 National IPR Policy, the main objective of India is to guide the future generations about the development in the field of IPR. There are several objectives which can be pinned down to make the laws in IPR better in India. Implementing leak proof laws to ensure the ownership is protected. Commercialization is one more important aspect which can mark India in the world of intellectual property.
Therefore this ownership is dealt under intellectual property rights which are broadly divided into four types: patent, copyright, trademark and trade secret.
According to the Cambridge dictionary, patents mean "the official legal right to make or sell an invention for a particular number of years."
There are three types of patents:
● Utility Patents is a type of patent that can be granted to anyone who discovers or invents any worthwhile or new compositions of matter, processes, manufactures or machines. An improvement in previous forms can also seek for this right.
● Design Patents can be accorded to anyone who has contributed to exterior ornamentation of an object or can be its configuration or shape.
● Plant Patents are provided to those who collaborate their effort in asexual reproduction in any distinct or variety of plant.
Registration and licensing of patents are granted under the Patents Act, 1970 where the Act also includes other concerns regarding the same. Chapter XIII deals with the registration and licensing of patents. Section 67 deals with the characteristics and obligations regarding the registration.
Whereas Section 68 declares the conditions for licensing a patent. The conditions placed are that it should be written & duly executed and the document must consist of all the terms and conditions surrounding the parties and their obligations. Section 69 states the provisions related to assignments and transmissions.
Cambridge dictionary says copyright is "the legal right to control the production and selling of a book, play, film, photograph, or piece of music."
Copyrights associate with the Copyrights Act, 1957 where the licensing to a copyright means that the other person who is provided with the license is capable of using it as a right for present and future work as well.
Section 30 and 31 of the Act talk about Voluntary and Compulsory licenses respectively. Voluntary license means that the owner provides the right to another person to use that piece of work voluntarily, whereas compulsory license means that it gives a person statutory right to use the piece of work without the consent of the owner and this type is only used when the copyrighted work is to be blinded from the public domain.
“Trade mark means 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" says the Section 2(1)(zb) of the Trademarks Act, 1999.
There is no definition mentioned in the Act about licensing of trademark but the permission is granted by the owner to another person.
As stated by the Cambridge dictionary, trade secret means "a piece of information about a product that is known only to the particular company that makes it."
As of now, India doesn't have any specific laws that cover trade secrets
The scope of IPR has a wide horizon ahead with emerging innovative brains and ideas. By promoting it in school would not only do wonders in grasping knowledge but also sow seeds for the upcoming generation. The lack of awareness is the most important factor of not growing. The grey areas which are still yet to cover need to be addressed and laws should be drafted out of them.
● Patents Act, 1970
● Copyrights Act, 1957
● Trademarks Act, 1999