INTELLECTUAL PROPERTY RIGHTS PROTECTION UNDER INDIAN LAW Shreyash Gupta Legal Articles Tue, Oct 10, 2023, at ,11:47 PM Shreyash Gupta, Bhimrao Ambedkar University, LucknowABSTRACTIntellectual property basically refers to certain types of intangible assets (created as a result of the application of one’s intellectual abilities). The requirements for registering intellectual property may vary depending on the type of underlying assets. Owning intellectual property rights confers various rights (protected by intellectual property laws) on the protection and commercialization of these assets.Intellectual property rights are classified in a common way worldwide (with slight variations in terminology and registration requirements in specific jurisdictions). Especially in India, intellectual property rights come in many forms: – Copyright; Trademarks; Patents; Geographical Indications; Drafts; Layouts and system variants of integrated semiconductor circuits.KEYWORDSIntellectual Property Rights, Commercialization, Trademarks, Patents, Geographical Indications.INTRODUCTIONThe concept of intellectual property is not new, as Northern Italy during the Renaissance is considered the framework for the intellectual property system. Venetian law of 1474 was the first systematic attempt to protect inventions in the form of patents, giving individual rights for the first time. Johannes Gutenberg invented printing and movable type around 1450, contributing to the creation of the world's first copyright system. By the end of the 19th century, new creative manufacturing technologies led to massive industrialization, along with rapid urban growth, capital investment, the expansion of railway networks, and nationalism. This has led to the introduction of modern intellectual property laws in many countries. It was also at this time that the international intellectual property system began to take shape with the formulation of the Paris Convention for the Protection of Industrial Property in 1883.INTELLECTUAL PROPERTY SYSTEM IN INDIAIn 1485, the first intellectual property protection system was introduced in the form of the Decree of Venice. This was followed by the English Statute of Monopolies in 1623, which expanded patent rights for technological inventions. In 1760, the United States enacted the Patent Act. Between 1880 and 1889, most European countries enacted patent laws. In 1856, India enacted the Patents Act, which remained in effect for more than 50 years. It was later revised and revised and named the "Indian Patents and Designs Act, 1911". After independence in 1970, a comprehensive legislation on patent rights was promulgated and named the "Patent Act 1970". Protection takes the form of grants of designs, patents, trademarks and copyrights. In India, copyright is governed by the Copyright Act, 1957; trademarks under the Trade and Merchandise Marks Act, 1958; patents under the Patents Act, 1970; and designs under the Designs Act, 1911.At the multilateral level, the successful conclusion of the World Trade Organization's Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) has strengthened the protection and enforcement of intellectual property rights at the level of solemn international commitments. We firmly believe that in a global competitive environment, strengthening intellectual property protection can enhance the power of innovation and increase the returns from international technology transfer.The development of the World Trade Organization is the result of the International Trade Call and the Trade Call Framework that harmonizes various aspects of Indian IP-related laws. The TRIPS agreement establishes minimum standards for the protection of intellectual property and sets out the time limits within which countries must amend their laws to meet the required level of protection. In view of this, India has taken measures to amend and supplement various intellectual property laws in recent years.With the establishment of the World Trade Organization and India's signing of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), many new laws to protect intellectual property rights have been enacted to fulfill obligations at the international level. These include: Designs Act 1911 as amended by the Designs Act 2000; Trademarks, known as the Trademarks Act 1999; Copyright Act 1957 which has been amended several times, most recently the Copyright (Amendment) Act 2012 )Law". And the latest revision of the 1970 Patent Act in 2005. In addition, plant varieties and geographical indications are also included in the new law. These Acts are known as the Geographical Indications of Goods (Registration and Protection) Act, 1999 and the Protection of Plant Varieties and Farmers’ Rights Act, 2001 respectively. Intellectual property rights have continued to evolve over the past fifteen years and play an important role in global economic development.DIFFERENT TYPES OF INTELLECTUAL PROPERTY RIGHTS IN INDIA THE COPYRIGHTS ACT,1957 Copyright protects the expression of an idea, not the idea itself. Under Section 13 of the Copyright Act, copyright protection may apply to "original literary, dramatic, musical and artistic works; cinematographic films; and sound recordings". Interestingly, computer programs can also obtain copyright protection. Copyright is the "exclusive right" granted to an individual to perform or authorize certain activities related to a copyrighted work. For example: for literary, dramatic or musical works, the owner (or a person authorized by the owner) has the right to perform the work; translate such work; make adjustments to the work, etc.Section 17 of the Copyright Act clearly states that the author of an original work (which has received copyright protection) is the first owner of that work. In addition, the owner has the right to license the copyright in his or her work to a third party by written agreement. In the case of published literary, dramatic and artistic works, the term of copyright protection is sixty (sixty) years excluding the life of the author.In addition to the protection afforded by copyright, the Copyright Act confers certain special rights on authors under Section 57. The author/owner of a copyrighted work, even after transferring the work (in whole or in part) to another person, has the right to "claim authorship" of the work and to claim "damages" for any "forgery" if If the author's original work is distorted or otherwise damaged the author's reputation, the author's original work is required to be "destroyed or altered." THE TRADEMARKS ACT, 1999 Section 2(zb) of the Trade Marks Act defines a “trademark” as “a mark which may be represented graphically and which may distinguish the goods or services of one person from those of others, and may include the shape, packaging of the goods and service". Interestingly, trademarks that are already in use do not require a trademark application to be filed. The main requirements for trademark registration include that it is a mark capable of distinguishing the goods/services from other goods/services and that it is capable of being represented graphically. The Trademark Law provides for absolute grounds for refusal, such as: (a) The trademark does not have distinctive features; (b) The trademark is misleading and confusing to the public; (c) If the trademark offends religious sentiments; (d) The trademark is offensive, defamatory or unclear, etc.Additionally, India is a signatory to the Madrid Protocol, under which trademarks can be applied for and registered internationally. However, a prerequisite for filing and registering an international application (under Madrid Protocol) in a foreign jurisdiction is that the mark must first be filed in India.The protection afforded by Trademark Registration is crucial as it protects the brand name, logo, sound, shape, etc. and clearly identifies the brand's goods/services and gives the brand uniqueness. In addition, the initial period of validity of a trademark registration is ten (ten) years, which can be extended for a continuous period of 10 years (renewal application must be submitted in a timely manner). THE PATENTS ACT, 1970 A "patent" is an intellectual property right that protects any new invention. It is an exclusive right that protects the rights of the inventor and prevents unauthorized use and misuse of the registered patent by others.A patent is valid for 20 (twenty) years from the date of filing of the application. It is worth noting that a patent for a new invention will only be registered if the invention is "novel" and "original." H. It has not been publicly released in India or anywhere in the world; "Suitable for industrial use" means that the invention is capable of industrial use; It is an invention that requires the use of a process of "inventive steps", which is defined as "with Characteristics of the invention which would not render the invention obvious to human beings as compared with existing knowledge would result in technical advancement or economic importance, or both. A “person skilled in the art under the Patent Act. Patent law gives every inventor who has applied for a patent certain rights, namely: In the case of product patents, third parties are prohibited from using, selling, manufacturing, importing, etc. the rights of the product without prior consent; and In the case of a patented method, third parties are prohibited from using, selling, offering, etc. the rights to use, sell, offer, etc. products derived from the method without the prior consent of the original inventor. Additionally, India is a signatory to the Patent Cooperation Treaty (PCT), which allows applicants to file applications for international patent registration. By filing such an application, the inventor can obtain patent protection in multiple countries (PCT members) at the same time. THE DESIGN ACT, 2000 "Design" within the meaning of the Designs Act [Section 2(d)] means and includes "features, whether two-dimensional or otherwise, which apply solely to the form, structure, pattern, ornamentation or combination of lines or colors”, three dimensions, or both, separated or combined by any industrial process or means, whether manual, mechanical, or chemical, to be judged in the finished product by the eye alone.”Applications for registration of industrial designs must be submitted to the General Office of Patents, Designs and Trademarks. However, a design is eligible for registration only if the following conditions are met: (a) The design is new and original, namely: H. It has never been made or copied before by anyone; (b) It has not been made available to the public anywhere in India or outside the jurisdiction of India; (c) It can be easily distinguished from other known designs.Furthermore, upon registration of a design, the registered owner receives protection for an initial period of 10 (ten) years, which can be extended (upon submission of an application for renewal) for a further 5 (five) years. THE GEOGRAPHICAL INDICATIONS OF GOODS (REGISTRATION AND PROTECTION ACT), 1999 Many products in India are popular because of where they are produced. For example, ‘Darjeeling tea’ is unique and popular due to various factors such as its place of origin, the skill of Darjeeling tea farmers and the weather of the region. Other examples of products associated with origin (or origin-specific factors include Banarsi Saree, Basmati Rice, etc.)A “geographical indication” is defined as “a sign identifying goods such as agricultural, natural or industrial products as originating in or produced somewhere within a country, region or territory and possessing a certain quality or reputation.” or Other attributes of the product.The GI Bill only applies to commodities such as agricultural products, food, handicrafts, industrial goods, and natural products.An application to register goods under the Geographical Indications Act requires a statement explaining how the geographical indication affects the origin of the goods in terms of their quality, character and reputation. Category of goods; information on the appearance of the geographical indication and a map of the region/territory/country where the product originates.The term of protection for a registered geographical indication is ten (10) years, with the option to renew and extend this protection for a further ten (10) years from the expiration date of the original registration. THE PROTECTION OF PLANT VARIETIES AND FARMERS’S RIGHTS ACT, 2001 The purpose of the Protection of Plant Varieties and Farmers' Rights Act, 2007 is to recognize the rights of Indian farmers and protect plant varieties to promote the growth and development of more plant varieties.In 1994, India became a member of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), which requires all members to consider and ensure the protection of plant varieties (TRIPS Article 27(3)(b) Agreement). All registered and protected plant varieties are registered and registered in the National Register of Plant Varieties.The Plant Variety Act allows every breeder, farmer and every authorized person to apply for registration of a new plant variety. New plant varieties that meet the conditions of “novelty, uniqueness, consistency, and stability” can apply for registration.Registrations for the protection of plant varieties are valid for a period of nine (9) years for trees and vines and six (6) years for cultivated plants, with the possibility of extending such registrations.CONCLUSIONIn India, there are several types of intellectual property rights that allow people to protect their property. India has actively participated in many conventions and pacts for international recognition and protection of intellectual property rights recognized in India. Several conventions have launched new laws, such as the Biodiversity Act, to protect items that represent India's heritage, agriculture and wildlife.REFERENCES Dr. M.K. Bhandari, Law Relating to Intellectual Property Rights, Sixth Edn. 2021 V.K. Ahuja, Law Relating to Intellectual Property Rights, 3rd Edn. 2017 https://www.wipo.int/about-ip/en/ https://www.wipo.int/copyright/en/ https://www.wipo.int/patents/en/ https://www.wipo.int/designs/en/ https://www.wipo.int/geo_indications/en/