Intellectual property (IP) aims to foster innovation and advancement. The most prevalent IPRs
include patents, copyrights, geographic indications, trademarks, industrial designs, and trade
secrets (Rout. 2018). The legal protection given to some inventions or mental works is known as
intellectual property rights (IPR). The realm of intellectual property is broad. Long recognised,
designs, trademarks, patents, and copyrights all exist today. In addition, more modern types of
security are starting to take shape thanks to the vibrant scientific and technological
advancement. IPR laws underwent a significant transformation specifically in India around the
close of the 20th century. The government has since recognised the significance of these laws
and amended them to reflect the current situation.
Introduction:
Any original work of the human mind, including those in the arts, sciences, literature,
technology, or other fields, is considered to be the subject of intellectual property (IP). The term
"intellectual property rights" (IPR) refers to the legal privileges granted to the inventor or
creator to safeguard their work for a predetermined amount of time (Singh, 2004). The term
"intellectual property" refers to a broad category of legally recognised rights resulting from
various forms of intellectual activity or other connections to ideas (Kinsella, 2001). The notion
behind the phrase intellectual property is that the subject matter is a creation of the mind or
intellect, and therefore intellectual property rights are subject to legal protection just like any
other type of property. In light of the evolving trade environment, which is characterised by
increased global competitiveness, high innovation risks, and short product cycles, intellectual
property rights (IPR) have gained significance. Science, technology, the arts, culture, traditional
knowledge, and biological resources are all advanced by intellectual property. The goal of this
review is to explain the ideas behind intellectual property rights and their significance for
society.
Kinds of IPR
1. Patents
• Brand names
• Rights connected to copying
• Location-based cues
• Commercial images
• Business secrets
• Design of integrated circuit layout
• Defense of novel plant varieties
Patents: A patent is an exclusive right given for an invention, which is a good or a process that
offers a fresh approach to an old problem or a new technical way of doing something (Savale,
2016). It offers the patent holder protection for the invention. The protection is only available
for a finite amount of time, or 20 years (Patents Act, 1970). According to the law, a patent is a
property right and can be given, inherited, sold, assigned, or licenced. Even if the patent has
since been sold, licenced, manufactured, or marketed, because the right was granted by the state,
it could still be withdrawn in very limited circumstances.
Trademarks: A trademark is a distinguishing symbol used to identify a specific person or
business as the producer or provider of a particular good or service. Various combinations of
words, letters, and numbers may be used as trademarks (Savale, 2016). Drawings, symbols,
three-dimensional indications like the shape and packaging of objects, or colours utilised as a
defining characteristic may also be included. The ownership of trademark rights may last
forever. The first registration period is for 10 years; thereafter, it may be periodically renewed
(Trademark Act, 1999).
Copyrights and Related Rights: The term "copyright" refers to the legal privileges granted to
authors and artists for their creative works. The types of works protected by copyright include
literary creations like books, poems, plays, encyclopaedias, newspapers, and computer
programmes; databases; motion pictures, musical compositions, and dance performances;
creative creations like paintings, drawings, photographs, and sculpture; architectural creations;
and advertisements, maps, and technical drawings. The rights of phonogram makers in their
recordings, performing artists in their performances, and broadcasters in their radio and
television broadcasts are all covered by copyright laws (Xu-Kun, 2015). Except for pictures,
these commercial rights have a temporal restriction of the author's lifetime plus sixty years after
the creator's passing (Copyright Act, 1957).
Geographical Indications (GI) are names or signs applied to items that are associated with a
certain geographic area or that are tangentially tied to their place of origin, such as a town,
region, or country. Since it is an unique privilege granted to a certain community, all members
of the community profit from its registration. Wet grinders, Chanderi saris, Kullu shawls, and
other items now have registered GIs. The GI registration will be crucial for the future
development of the tribes, towns, and skilled artisans involved in creating such products,
especially in light of the wide variety of traditional products that are present throughout the
nation.
Industrial Designs: According to the definition of industrial design rights, these are the portions
of intellectual property rights that grant exclusivity rights to the visual designs of typically nonutilitarian goods. It protects the aesthetics, design, and functionality of industrial objects like
furniture, fabrics, and spare components. Promoting and defending the design component of
industrial production is the main goal of design law. Additionally, it aims to encourage industryrelated innovation. The New Designs Act, 2000, which governs industrial designs in India, will
be useful in keeping up with the fast-paced changes in technology and global advances. India
has also attained a mature position in the field of industrial designs, and in light of economic
globalisation, the current legislation has been adjusted to reflect the altered technical and
commercial environment and made compliant with worldwide trends in the administration of
designs.
Trade Secrets: A trade secret is any sensitive commercial information that gives a company a
competitive advantage. These are typically business secrets as well as manufacturing or
industrial secrets. These consist of manufacturing procedures, lists of suppliers and customers,
sales techniques, distribution techniques, consumer profiles, and advertising plans. Trade secrets
are protected without registration, in contrast to patents. A trade secret can be preserved
indefinitely, but there must be a significant amount of secrecy, making it difficult to obtain the
information unless inappropriate means are used. The protection provided by this law will be
essential in obtaining the benefits of this form of knowledge given the country's extensive
supply of traditional wisdom. The geographical markers are tied to and associated with trade
secrets and traditional knowledge.
Integrated circuit layout design: A semiconductor integrated circuit is a device that contains
transistors and other circuitry components that are inseparably formed on a semiconductor
material, an insulating material, or inside the semiconductor material and intended to carry out
an electronic circuitry function. The Semiconductor Integrated Circuits Layout Design Act of
2000 was created to protect intellectual property rights (IPR) related to semiconductor
integrated circuit layout designs and any issues that may arise in the course of or as a result of
those designs. The primary goal of the SICLD Act is to establish pathways and mechanisms for
the protection of intellectual property rights (IPR) in newly produced chip layout designs and
issues linked to them. The first registration period is for 10 years; thereafter, it may be
periodically renewed.
The purpose of this act is to reward traditional, rural, and tribal communities for their
contributions to the country's agrobiodiversity, recognise the role of farmers as cultivators and
conservers, and to encourage investment in R & D for the creation of new plant varieties to
support the expansion of the seed industry (Savale, 2016). In order to protect new plant
varieties, the Plant Variety Protection and Farmers Rights Act 2001 was passed in India. The act
officially took effect on October 30, 2005. Initially, 12 crop species, including rice, wheat,
maize, sorghum, pearl millet, chickpea, green gramme, black gramme, lentil, and kidney bean,
have been identified for regulation. India decided against using patents to protect new plant
varieties and instead chose a sui- generic system. The administrative ministry in charge of its
registration and other issues is Department Agriculture and Cooperation.
Patent categories:
Utility Patent: You can be eligible for a utility patent if you have a brand-new, practical
invention that is not immediately apparent to other inventors. A process, a machine, a
manufacturing, a composition of matter, or an improvement of an existing concept are the five
categories into which utility patents fall. You can prevent others from creating, using, selling,
and importing the innovation if you obtain a utility patent.
Design Patent: You can be eligible for a design patent if you produce a brand-new, unique
design that embellishes a produced product. The design cannot be utilitarian; as said, it must be
ornamental or aesthetically pleasing. You can prevent others from creating, utilising, selling,
and importing the design once you've secured a design patent. After it is issued, your design
patent is only valid for 14 years (The Designs Act, 2000).
Plant Patent: Asexually or sexually reproducing plants (such as flowers) that are both novel and
nonobvious are eligible for plant patents, which are the least frequently issued form of patent
(Savale, 2016). This could involve growing various plant species to produce mutants or hybrids
as well as newly discovered seedlings. By prohibiting anyone from producing the type of plant
or making money from the plant for at least 20 years from the application date, this patent
safeguards the owner.
Conclusion:
The Indian government grants intellectual property rights as a matter of government policy.
Intellectual activity in the economic, scientific, literary, and creative domains is covered by
intellectual property rights. These rights provide time-limited rights to manage the use of
intellectual property to protect its creators and other producers. the freedom granted to
individuals to create with their thoughts. Typically, they grant the creator a limited time,
exclusive permission to utilise his or her works. The government has provided this exclusive
right in order to protect the novelty and originality of patent-oriented data as well as to uphold
the standards for drug quality, safety, efficacy, and certification for all products and services.
Intellectual property (IP) is a legal term that refers to patents, copyrights, and trademarks
collectively. These legal rights protect ideas, how they are expressed, and the people who came
up with the ideas in the first place (Brown, 2003). Innovation entails radical and widely
accepted social change (Barnett, 1953).