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Legislative Protection of Intellectual Property Rights in India

 


Author: Pranshul Jain, National Law Institute University, Bhopal

Introduction :-

In India, there are several legislations that relate to the Protection of Intellectual Property Rights of any legal entity. These laws are made to protect their legal rights towards their ideas related to their profession and the developments made by them through their own mindful ideas. This idea is propounded through the end of the nineteenth century, new creative manufacturing methods had enabled large-scale industrialization, which was accompanied by rapid rapid urbanisation, capital investment, railway network expansion, and nationalism, prompting many countries to adopt contemporary Intellectual Property laws. With the formation of the Paris Convention for the Protection of Industrial Property in 1883 and the Berne Convention for the Protection of Literary and Artistic Works in 1886, the International Intellectual Property system began to take shape at this time. 


Indian Perspective of IPR :-


In India with the foundation of the World Trade Organisation (WTO) and India's signing of the Agreement on Trade - Related Aspects of Intellectual Property Rights (TRIPS), various new laws were enacted to safeguard intellectual property rights and satisfy international commitments. Among them were: The Designs Act of 1911 was replaced by the Designs Act of 2000; Trade Marks were replaced by the Trade Mark Act of 1999; the Copyright Act of 1957 was amended many times, the most recent being the Copyright (Amendment) Act of 2012; and the Patents Act of 1970 was amended in 2005 (Legislative department of India). Plant varieties and geographical indicators were also included in the list of new laws. The Geographical Indications of Goods (Registration and Protection) Act of 1999 and the Protection of Plant Varieties and Farmers' Rights Act of 2001 are the two statutes in question.





Frameworks to regulate the IPR laws in India :-


In India, the Intellectual Properties are classified into different types, such as, 


Patent

Copyright

Trademark

Trade Secrets

GI Tags

Information Technology and Data Protection.


These are the Legal Frameworks in India under which the laws and regulations related to IPR can be governed.



Laws and Regulations to govern the IP Rights in India :-


In India, there are several laws and regulations, which are enacted or amended recently for the development of the scope of IPR, within the country. These laws are enacted for the protection of individuals' legal rights related to the protection of their ideas that are subjected to the Intellectual Property of an individual.

These laws and regulations in India are,


Patent’s Act, 1970 :-  The Patent’s Act of 1970 has been enacted to support the various developments made by individuals in the field of technology. Also, several amendments take place to match the requirements of the current situation in the field of technology. To match the requirements and the developments of the International intellectual property laws, India has also made amendments in the Intellectual property rights ( Patent’s (amendment) Act, 2005).

Trademark Act, 1999 :- The Trade Mark Bill was formed in 1994 as a consequence of significant changes to the Trade and Merchandise Marks Act, 1958. The said modification can be referred to as modernisation, as it was made to facilitate trading and commercial practises, to increase international trade through globalisation, to attract foreign investment, and, most importantly, to make trademark management as simple as possible, with greater recognition of the same in the judicial system (Trademark Act, 1999).

Copyright Act, 1957 :-  One of the earliest known intellectual property rights acts is the Copyright Act of 1957. The Act was enacted in 1957 and has been revised several times since then to keep up with the international standards set out in TRIPS. Painting, sculpture, drawing, engraving, photography, creative craftsmanship, theatrical work, literary work, musical work, sound recording, and cinematography are all protected by the Act. In India, the codes and languages of the software are also protected under the copyright act, because these are considered as the literary work of the person, in India (Copyright (amendment) Act, 2012).

The Geographical Indications of Goods (Registration and Protection ) Act, 1999 :-  A Geographical Indication (GI) is a label that is placed on items having a specific geographical origin and describes the traits or reputation associated with that location. GI rights are important and must be safeguarded from exploitation by dishonest commercial enterprises. The Geographical Indication of Goods (Registration and Protection) Act, 1999, was introduced in parliament and enacted, and it became effective with the president's signature. The Geographical Indication Registry is in charge of enforcing the Act, which is overseen by the Controller General of Patents, Designs, and TradeMarks.

Laws related to Data Protection :-  In India, there does not have  an express law for Data Protection, though certain provisions for the same can be found in the relevant laws, which includes the Information and Technology Act, 2000, and the Indian Contract Act, 1872. Data protection laws are a set of privacy laws, rules, and procedures aimed at limiting the invasions of privacy caused by the collecting, storage, and distribution of personal data. In general, personal data refers to information or data that may be used to identify a person based on information or data acquired by a government, commercial entity, or agency.to protect these types of data, the data protection laws are necessary to regulate it in our country.

CONCLUSION :-

There are various laws adopted by the legislature to manage Intellectual Property Rights in India, and they all play an important role in controlling the IPR system in the country. After looking at all of the components of these laws in India, we can conclude that the rights granted under this IPR legislation are intended to safeguard and provide for the articles' safety as well as the consumer's well-being. But, in order to prepare ourselves for global economic competitiveness, we must make significant alterations and revisions to prior Intellectual Property Laws as an indicator of India's progress toward a new IPR regime.

 

Pranshul Jain

[email protected]


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