Intellectual property protection

Intellectual property Rights | Intellectual property protection

Intellectual property rights are valuable assets for businesses. The Intellectual Property protection can set a business apart from the competitors. It can be sold or licensed, providing an important revenue stream, offer customers something new and different and form an essential part of the marketing or branding.

Intellectual property protection has become more and more important nowadays. Highly featuring scientific and technological improvement and establishing an efficient intellectual property system have caused the difference between developed and under-developed countries. The Intellectual Property protection is mainly formed to prevent infringement of patented invention from others.

Rapid growth in commercial income resulting from intellectual and artistic works made a profitable sector. Now, production of musical, cinema, literature works and computer software are major industries worth of billions of -USD.

          The bosses of the major software giants like Google and Microsoft have become the richest men of the world in a very short period of time through their intellectual assets". One who is not able to protect intellectual rights thereof may face enormous financial loss.

Developed states execute international treaties to protect inventions, original designs, trademarks, software, cinema and musical works, scientific and literature works that are subject of Intellectual Property in an International manner. Failure on adequate protection of Intellectual Property slows down innovation and progress.

The goal of intellectual property law is to encourage intellectual production and to enable social and cultural development. An effective intellectual property protection is essential in order to promote R&D investments, appeal to foreign capital and encourage innovation.

Intellectual property can be protected by filling an application with prescribed form and fees and detailing about your inventions, at the earliest, in the respective Patent offices. Patent office is located at Kolkata, Mumbai, Chennai and Delhi. The inventor may make an application, either alone or jointly with another, or their assignee of the inventor or legal representative of any deceased inventor or assignee.

 

 

 

Singapore intellectual Property office

Intellectual property rights | Singapore intellectual Property office

            An Intellectual Property rights Singapore intellectual property office is a leading government agency that advises on and administers Intellectual Property laws which promotes Intellectual Property awareness and provides the Intellectual Property development. Singapore is committed to maintain an Intellectual Property regime for the protection and commercial exploitation of Intellectual Property.

            Singapore intellectual property office has signed in the following International Conventions namely Paris Convention, Berne Convention, Madrid Protocol, Nice Agreement, Patent Cooperation Treaty, Budapest Treaty, WIPO Copyright Treaty, WIPO Performances and Phonograms Treaty etc.

            The light bulb icon as the letter "P" is an abstract but particularly free-flowing illustrative style in a bold and striking orangey red, distinctly adds a fresh, modern and vibrant identity for Intellectual Property Office of Singapore.

            Singapore Intellectual property office covers various Intellectual property assets like patents, trademark, plant varieties protection, and other IP's like lay out – designs of integrated circuits, trade secrets and confidential information.

            Singapore a compelling Intellectual Property hub with an IP savvy generation, they have developed several programmes with different target groups in mind including the general public/schools (to raise IP awareness level and to educate the general public and students on IP), businesses (to develop IP management (IPM) programme for the business community as well as useful tools to help companies in their IPM ) and for IP professionals (to develop their skills and capabilities so as to meet the growing demand for their expertise).

            Some important links includes efilling (filing the Intellectual Property inventions through online), ipbulletin (it covers latest details regarding patents, trademark, plant varieties protection, copyright, industrial design etc), events listing (details regarding events occurring in SIOP), surfip (Search engine for intellectual property assets) etc.

 

 

TRADEMARK TRIPS

INTELLECTUAL PROPERTY RIGHTS | TRADEMARK TRIPS     Intellectual Property Rights, Trademark trips is used to strengthen and increase the world trade and mutual trade relationship amongst various nations, a multilateral body namely the General Agreement on Tariffs and Trade (GATT) was formed in 1948.   Article 15 to 21 of the Agreement on TRIPs deal with the matters relating to Trademark TRIPs. They deal with protectable subject matter of trademark rights of owners of registered trademark, the term of protection, cancellation, licensing and assignment of trademark. Trademark means any sign or any combination of signs, capable of distinguishing the goods or services of one undertaking from those of other undertakings. Such signs in particular words including personal names, letters, numerals, figurative elements and combination of colors as well as any combination of such signs shall be eligible for registration as trademarks. Where signs are not inherently capable of distinguishing the relevant goods or services, member countries are authorized to make registerability depending on distinctiveness acquired through use.   According to the publication of the Trademark TRIPs, it is obligatory on the part of the member countries to publish each trademark either before it is registered or promptly after it is registered and shall afford a reasonable opportunity for petitioners to cancel the registration. Also, the members have to afford an opportunity for the registration of a trademark to be opposed. The agreement also details that the owner of a registered trademark shall have the exclusive right to prevent all third parties no having the owners consent from using, in the course of trade, identical or similar signs for goods and services which are identical or similar to those in respect of which the trademark is registered where such use would result in a likelihood of confusion.   The agreement on Trademark TRIPs fixes the duration of protection of a trademark. It lays down that initial registration and each renewal of registration of a trademark shall be for a term of not less than seven years. The registration of a trademark shall be renewable indefinitely.   The registration of a trademark can be cancelled if it is not used for an uninterrupted period of at least three years and user is required to maintain a registration. In this regard, the trademark owner can show valid reason based on the existence of obstacles to such use.   Article 21 of Trademark TRIPs states that the owner of a registered trademark shall have the right to assign the trademark with or without the transfer of the business to which the trademark belongs.

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INDIA INTELLECTUAL PROPERTY

INTELLECTUAL PROPERTY RIGHTS | INDIA INTELLECTUAL PROPERTY     Intellectual property rights, India Intellectual Property are safeguarded in a well established statutory, administrative and judiciary framework whether they related to patents, trademarks, copyrights or industrial designs. Well – Known international trademarks have been protected in India even when they are not registered in India. The Indian trademark law has been extended to service marks in addition to trademarks for goods. Computer software companies have curtailed piracy through court orders. Right to privacy which has not been protected even in some developed countries have been protected in India.   Protection of India Intellectual Property continues to strengthen further, these include the following: The Patent Amendments Act, 1999 passed by the Indian Parliament on March 10 1999 to amend the Patent Act 1970 which accords the exclusive marketing rights for 5 years. The trademark bill 1999 which appeals and replaces the Trade and Merchandise Mark Act, 1958 passed by the Indian Parliament. The Copyright Amendment Act, 1999 passed by both houses of the Indian Parliament and signed by the president of India on December 30 1999. The Industrial Design bill, 1999 which replaces the Designs Act 1911 passed in the upper house of the Indian Parliament. The Patent Second Amendment Bill, 1999 to further amend the Patent Act 1970 and make it TRIPs compliant introduced by the Indian Parliament on December 20 1999.   The India Intellectual Property is now working effectively in the aspect of enforcement and there has been notable decline in the levels of piracy of India. In addition to intensifying raids against copyright infringers, the government has taken a number of measures to strengthen the enforcement law.   India Intellectual Property does provide effective patent protection in the pharmaceutical sector. According to Patent Act, the patents are restricted to the methods or process of manufacture and not extended to the substance/products themselves. The Indian patent laws are neutral in their application to domestic and foreign inventions. Any disqualification, compulsory licensing, exclusion from patentability are provided only in large interest to provide necessary and adequate safeguards for the protection of public interest, national security, bio diversity, traditional knowledge etc.   India has one of the most modern copyright laws. Major development in the area of copyright during 1999 was amended to the copyright act 1957 to make it fully compatible with the provision of the TRIPs Agreement. The earlier 1994 amendment to the copyright act of 1957 has provided protection to all original literary, dramatic, musical and artistic works, cinematography, films and sound recordings. It also brought sectors such as satellite broadcasting, computer software and digital technology under the Indian Copyright protection.   It can be noted that the year 1999 has been a great year for India Intellectual Property for coherence of political wall resulting in the passage of major IPR laws and work towards the establishment of an effective administrative mechanism.

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INTELLECTUAL PROPERTY PIRACY

INTELLECTUAL PROPERTY RIGHTS | INTELLECTUAL PROPERTY PIRACY     Intellectual property rights, Intellectual Property Piracy is one that is causing more concern in today's marketing trend. Intellectual Property Piracy or theft of trademarks and copyrighted material is a growing concern. As improved communication methods simplify sending data across international boundaries, Intellectual Property Piracy has become a global affair.   Cases that involve the Intellectual Property Piracy are more complex; during such cases consulting an attorney with experience is necessary. Piracy and counterfeiting describe the sale of copies of products without the permission of the owner of the rights to those products. Intellectual property piracy usually refers to the sale of unauthorized copy. For example, selling a recording of a movie made by someone sitting at the theatre with a video camera is a type of piracy. Intellectual Property Counterfeiting means selling a copy that looks like an authorized copy and falsely claiming that it was authorized or licensed, such as selling unauthorized or unlicensed copies of software in a package that looks exactly like a legitimate package. Some counterfeit copies of products may also be accurate that it is difficult to tell them from a legitimate product.   Intellectual Property Piracy occurs in the most common types of consumer goods like Medications, Apparel, footwear, handbags, movies and music, auto parts, electronics, health products (toothpaste, lotion, and vitamins), food, alcohol and beverages. Preventing and punishing piracy and counterfeiting of intellectual property is impossible for any one country to do on its own. For example: unscrupulous vendors make or distribute unauthorized copies of products. But since these vendors operate beyond the territorial reach and the authorities of the vendors own country often do not assign a high priority to the catching or prosecuting intellectual property thieves, the vendors continue to profit from counterfeited and pirated goods.   Intellectual Property Laws protects the rights of intellectual property owners outside the borders of their home country. Most countries are members of the World Trade Organization (WTO) and as a condition of membership they are required to ratify the agreement or Trade-Related Aspects of Intellectual Property Rights (TRIPS). TRIPS set up a system of strict protection of all intellectual property rights. Minimum terms of protection are provided by the Agreement: patents must last for 20 years, and most copyright protection must last for at least 50 years after the death of the author of the work. Other nations must also extend the same Intellectual Property protection to citizens of the other member nations. Exceptions to the protection of intellectual property must be strictly construed and limited in scope.   Intellectual property is an important asset, and its law recognizes its importance. Intellectual Property owners receive protection from theft of their protection, even if the theft takes place in another country or in several other countries.

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