The Rights of the Deceased: Moral Rights Incidental to Copyright Law
- Vanshika Agrawal
- 2024-04-25
Contents hide
2 Types of intellectual property
3.1 7. World Intellectual Property Organization6 (WIPO) 2013
4 Legal aspect to protect the intellectual property
5 Protection of intellectual protection right in global market
Intellectual Property is referring to creation of mind and invention. This Property rights are the rights given to the person over the creation of his mind. Intellectual Property rights protect the creation of mind and it is given an exclusive right to the creator overuse of his own creation.
It is the product of human intellect. Intellectual Property right protects human creativity, concept, invention, industrial models and designs, trademarks, songs, literature, symbol, name, brand, art, research, food, agriculture, plants etc. Intellectual Property Act support the development and implementation of green technology. Green technology is the future of our world and intellectual property act help to protect it.
The Statute of Monopolies (1624) and the British Statute of Anne (1716) are origins of Patent law copyright1. The origin of Patent can be dated on 16th July 1331, King Edward III. 1st Legislation in India relating to patent was Act VI of 1856. Copyright Act was enacted in the year 1957. This Act has been amended many times; the latest amendment was in the year 2012. Trademarks have been used since the 13th century in England. India having first Trademark Act in the year 1940. This Act was adopted from the British Trademark Act, 1938 and various amendments were made until December 1999 and Trademark Act was enacted and presently used in India2.
There are different types of Intellectual Property. These are as under:
1. Defence Research and Development Organisation (DRDO) allowing free access of its 450 Patent to industries to boost indigenous production.
2. Commerce Minister Piyush Goyal said that government are working on various areas of Intellectual Property Right such as set fully computerized Intellectual Property office based on the United State Patent and Trademark office model 3.
3. Cinematograph Act (Amendment) Bill, 2019 –This bill amends the Cinematograph Act, 1954. This act objective of countering film privacy. This bill criminalised unauthorised use of an audio-visual recording device for making or transmitting a copy of a film or any part of it. Violation of any provision of this act is punishable for 3 years of imprisonment or fine of 10 lakh rupees or both4.
4. Protection to Geographical Indication of Goods (Registration of Protection) Act, 1999.
5. Protection of Plant Varieties and Farmers Rights Act 2001– This Act provides 18 years Protection for trees and vines and 15 years for other plants5.
6. Innovation for Green future
To tackle climate changes such as storms, floods, drought, wildfires. Intellectual Property support the development and deployment of the technologies, product and services needed to transition to a green future.
a. It is online platform to connect providers and seekers of environment friendly technologies. It contributes its efforts of developing countries in facing global challenges of climate changes, food security and the environment.
b. WIPO currently has more than 3,500 listed technologies, needs and experts.
c. There are more than 1,400 users worldwide and 640 connections.
d. WIPO is helping to accelerate the transition to a greener global economy.
e. Intellectual Property offices help new technologies, qualifying patents regarding green technologies to reach the market more quickly and promoting further research and development. For example, Green Channel(UK)
f. Following are the examples of Green future/technology
Protecting this innovation is the main function of Intellectual Property. Intellectual Property is territorial, and innovation is not automatically protected in the world. Without intellectual property protection investment in green technology could not be claim, less protected or trade and investor will be willing to risk their capital. Patent insure right of investor and protect the invention. It is commercially encouraging the companies to invest new, clean and efficient technology. This technology help to protect the environment and economy of the country. Green technology not only secure and attract the funding but also good source of revenue. Intellectual Property is territorial, and invention or technology is not automatically protected in the world. For that inventor need to prepare good international patenting strategy. Intellectual Property Right secure rights of the inventor and his patent with the help of following agreements:
a. Assignment Agreements
b. Confidential Agreements
c. Non –disclosure Agreements
d. Technology and Marketing Collaboration Agreements
e. Technology Assignment Agreement
f. Trademark and License Agreements
g. Deed of Assignment
It is very important to protect new technology and innovation in global market. It will help start up, researcher and scientise to share their new ideas and innovation to protect the global challenges in environment sector. Whole world worried about global climate changes. It is very important to protect green technology to encourage new ideas. Following are points innovators must keep in mind before introducing their invention to the world.
1. Obtain US registration7.
2. Conduct a search to confirm the company’s name and brand are available for use in the new country.
3. Seek local trademark registration.
4. Consider extending US trademark registration to foreign countries8.
5. Use an international copyright notice on catalogues, blueprints, websites, software and other publications and materials9.
6. Obtain local domain name registration.
7. Appoint local counsel or legal firm.
8. Appoint Intellectual Property counsel, who knows your business well.
Following are the remedies for infringement of Trademark, Patent and Copyright Act.
a. Trademark: Trademark owner (Plaintiff) having civil and criminal right under section 29 of Trademark Act, 1999.
CIVIL REMEDY – Injunction, Damages, Custody of infringing materials.
CRIMINAL REMEDY –Provided Section 101 to 121 of Trademark Act, 1999.
JURISDICTION – Provided under Section 134 of Trademark Act, 1999. Instituted infringement suit before District Court.
b. Patent: Section 104 to 114 explain about infringement of patent right under Patent Act, 1970.
REMEDY – Civil remedy.
JURISDICTION – District/Hight court
c. Copyrights:
REMEDY – Civil remedy provided under section 55 of the Copyright Act, 1957.
1. https://en.m.wikipedia.org/wiki/Intellectual _property
3. m.economictimes.com
4. www.mondaq.com
5. indiacode.nic.in
6. www.wipo.int
7. www.copyright.gov/www.uspto.gov
8. Berne convention
9. Madrid Protocol Treat
Drop your comment