Intellectual
Property Rights:-
Intellectual property rights are the legal
rights provided to a person for his creation of the intellect. A monopoly will
be assigned to the owner for his or her creation legally. Legal rights are
allowed to a person for any invention or discovery, any creative or artistic
works, phrases and symbols, literary work or words, designs for a specified
period of time etc. By this law, owners have the privilege to use their property
without any disturbance and can prevent the misuse of their property. In India
Intellectual property rights include Trademarks,
Trade Secrets, Copyrights, Patents, Industrial Designs, Layout Designs of
Integrated Circuits and Geographical Indications. The inventor of any
invention, or a literary or a mark or creative work consumes money and time for
creating the Intellectual Property. So they should also be allowed for certain
rights like claiming remedies for the infringement, exclusive use of their
invention or etc.
Patent:-
If a person made a new invention in any
field, it is important to protect the invention from getting exploited by anybody
other than that inventor. It is possible by obtaining a patent for that invention
to the inventor. Patent allows exclusive right to the patent holder so that the
inventor can utilize his invention and can move legally against anyone who uses
his invention without permission.
A patent allows the right to stop others
from selling, manufacturing, copying and importing the invention without the
patent holder’s permission. The patent also grants licensing the invention to
someone else but retaining all the Intellectual Property Rights, selling the
invention and all the Intellectual Property (IP) rights, discussing the
invention with others in order to set up a business with reference to that
invention.
Trademarks:-
Legally registered or established sign will
enable to distinguish the goods and services of the trademark holder from
competitors. It can be logos, words or a combination of both. A trademark may
be registered or unregistered. Registering a trademark provides exclusive legal
rights to trademark holders to use the mark to his goods and services. Symbol ®
can be used as registered trademark and no other parties can use this symbol
other than the trademark holder.
If people use registered trademark without
permission of holders, it is an offence and allows the police to take criminal
charges against counterfeiters. The registered trademark is the property of
trademark holders and they can sell it, or let other people have a license that
allows them to use it.
Unregistered trademark holders can also
protect their rights by the common law action of passing. But they must be able
to prove that the trademark belongs to him.
Copy
right:-
Copyright is a legal right that allows the
creator of original work for exclusive rights for its use and distribution for
a limited period of time. The exclusive rights are not complete, but limited by
limitations and exceptions to copyright law, including fair use. Copyright
protects the original expression of idea not underlying ideas themselves.
Copyright is applicable to certain creative works. If the owner is getting work
done or developed through third parties, the owner will get copyright over such
work only if the owner has a contract or agreement clearly assigning such
rights in the owner’s favor.
Trade
Secrets:-
Trade secrets are extremely valuable for
the company’s growth and survival. A business must ensure that they adequately
protect their business process and know how to keep confidential information
from competitors. A trade secret is any confidential business information which
provides a competitive edge in business. The unapproved use of such information
by persons other than the holder is regarded as an unfair practice and a
violation of the trade secret.
Intellectual
property Infringement:-
Intellectual property infringement is a
breach of intellectual property rights i.e, infringed when a work which is protected
by intellectual property right copied or exploited without having proper
permission from the person who owns the right.
Patent
Infringement:-
A patented product can be used after
seeking permission from the owner. The permission will be granted in the form
of license. Patent infringement is the act of consuming a patented invention
without consent of the patent holder. Persons involved in making, using,
selling, distributing, importing or offering any of the above may be held
liable for infringement.
Patent
Infringement Remedies:-
A court can order the infringer to stop
making use of the patented invention by issuing an injunction. A suit for
infringement of a patent has to be filled in district court or high court. Only
the High Court has the jurisdiction to entertain the matter when a counterclaim
for revocation has been filed against the same. But when the patent expires,
any party is free to make use of the product.
Trading
Infringement:-
Trademark infringement is the unapproved
use of the trademark or service mark by a person other than the trademark owner
and it's used on competitive product or services.
Trademark
Infringement Remedies:-
There are two types of remedies are
available for unauthorized use of trademarks. These remedies are an action for
passing off in the case of an unregistered trademark and an action for
infringement in case of a registered trademark. Both are quite different from
each other. An infringement action is a statutory remedy and an action for
passing off is a common law remedy. The proprietors of the trademark and licensed
users can initiate criminal prosecution against the infringers. Criminal remedies available for the offence and suit for the offence can be filed before
the magistrate within whose territorial jurisdiction the offence is committed
or the Police can register an FIR and prosecute directly. In addition requisition
of goods and machinery, the Code of Criminal Procedure, 1973, also provides for
the imprisonment starting from six months, which can be extended to three years
or a fine of Rs. Fifty thousand to two lakhs or both.
Copyright
Infringement:-
Copyright infringement is the use of work
protected by copyright law without the permission. It violates one of the
copyright owner’s exclusive rights, such as the right to reproduce or perform
the copyrighted work or to make derivative works.
Copyright
Infringement Remedies:-
A suit for copyright infringement can fill
in a District Court or a High Court. The suit has to be filled within whose
territorial jurisdiction the cause of action has arisen. Copyright infringement
is a non bailable offence and it is punishable with an imprisonment of six
months, which can be extended to three years or a fine not less than fifty
thousand which can be extended to two lakes. Civil remedies imply that the injunctions
against future violations, civil raids & seizures, delivery up/ discovery
of infringing material / documents, damages or accounts of profits.
Administrative Remedies available to the copyright, trademark and patent which
include bans on the import or export of goods including protection of patents,
delivery to the owner and Restrictions against parallel importation of goods
and trademarks and copyrights confiscation of infringing material by Excise
Authorities.
For online legal consultation regarding
Intellectual property issues or to know more about the intellectual property
rights and infringement remedies, visit the biggest online legal solution www.licit.ooo or download the app from playstore https://goo.gl/L8GeYk
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