Law & Life

Copyright is the legal right that protects the creative works of authors, artists, composers, and other creators. In India, copyright is governed by the Copyright Act, 1957 as amended most recently by the Copyright (Amendment) Act, 2012 . Copyright protects original literary, dramatic, musical, artistic works, cinematograph films, and sound recordings. Two of the most important aspects of copyright law are: Ownership — Who owns the copyright in a work? Assignment — How can copyright be transferred from one person to another? Understanding these concepts is essential because copyright, as a valuable intellectual property right, is the subject of complex commercial transactions and disputes in the modern creative economy. Ownership of Copyright First Owner of Copyright — Section 17 Section 17 of the Copyright Act, 1957 establishes the general rule that the author of a work is the first owner of copyright in it. However, the Act provides several important exceptions to thi...

A Trade Mark is one of the most commercially valuable forms of intellectual property. It is the symbol by which a business identifies itself and its products or services to consumers and distinguishes them from those of competitors. Trade marks are governed in India by the Trade Marks Act, 1999 which came into force on 15th September, 2003 , replacing the old Trade and Merchandise Marks Act, 1958. The Trade Marks Act, 1999 was enacted to bring Indian trade mark law in conformity with the TRIPS Agreement and international standards. The registration of trade marks in India is administered by the Trade Marks Registry under the Controller General of Patents, Designs and Trade Marks , with its head office in Mumbai and branch offices in Delhi, Kolkata, Chennai, and Ahmedabad . Definition of Trade Mark — Section 2(zb) Under Section 2(zb) of the Trade Marks Act, 1999, "trade mark" means: "A mark capable of being represented graphically and which is capable of disti...

The World Intellectual Property Organization (WIPO) is an international organization dedicated to promoting the protection of intellectual property worldwide through cooperation among nations and providing administrative services for international IP treaties. WIPO is a specialized agency of the United Nations and is headquartered in Geneva, Switzerland . It was established by the WIPO Convention signed in Stockholm on 14th July, 1967 , which came into force on 26th April, 1970 . India is a founding member of WIPO. As of 2024, WIPO has 193 member states — virtually every country in the world. The date 26th April is celebrated as World Intellectual Property Day in commemoration of the date on which the WIPO Convention came into force. Historical Background WIPO traces its origins to the establishment of the Paris Union (for industrial property) in 1883 and the Berne Union (for literary and artistic works) in 1886. The secretariats of these unions were eventually merged and i...

A Property Mark is an important concept in Indian law that predates modern trade mark law. It is governed by Sections 479 to 485 of the Indian Penal Code, 1860 (IPC) . A property mark is a mark used to indicate that a particular movable property belongs to a specific person. Unlike a trade mark (which indicates the commercial origin of goods), a property mark indicates ownership of property. The provisions of the IPC relating to property marks are designed to prevent fraudulent use of such marks and to protect the ownership rights of persons in their movable property. Meaning and Definition of Property Mark Section 479 of the Indian Penal Code defines a property mark as: "A mark used for denoting that movable property belongs to a particular person is called a property mark." In simple terms, a property mark is any mark — a symbol, letter, number, or design — that is put on movable property to indicate who it belongs to. Examples of property marks: A farmer's ...

A Patent is an exclusive right granted by the government to an inventor for a limited period in exchange for the public disclosure of the invention. It is one of the most important forms of intellectual property and plays a crucial role in encouraging technological innovation and industrial development. In India, patents are governed by the Patents Act, 1970 as amended by the Patents (Amendment) Acts of 1999, 2002, and 2005 . The administration of patents in India is vested in the Controller General of Patents, Designs and Trade Marks with the Patent Office headquartered in Kolkata . Meaning and Definition Under Section 2(m) of the Patents Act, 1970, "patent" means a patent for any invention granted under the Act. Under Section 2(j) , "invention" means a new product or process involving an inventive step and capable of industrial application . A patent essentially gives the inventor a monopoly over his invention for a specified period — during this peri...

TRIPS stands for "Agreement on Trade-Related Aspects of Intellectual Property Rights." It is the most comprehensive and legally binding international agreement on intellectual property rights in existence today. TRIPS was negotiated during the Uruguay Round of Multilateral Trade Negotiations (1986-1994) and came into force on 1st January, 1995 as Annex 1C to the Agreement Establishing the World Trade Organization (WTO) . Every member of the WTO is automatically bound by TRIPS. India is a founding member of the WTO and therefore bound by TRIPS from its inception. TRIPS is unique among international IP agreements because it is administered by the WTO (not WIPO) and has an effective dispute settlement mechanism with the power to impose trade sanctions on non-complying members. Background and Need for TRIPS Before TRIPS, international IP protection was governed by conventions administered by WIPO — the Paris Convention (for industrial property) and the Berne Convention...

A patent is an exclusive right granted by the State to an inventor for a limited period, in exchange for disclosing the invention to the public. Patents are one of the most important forms of intellectual property as they protect technological innovations and inventions. In India, the law relating to patents is governed by the Patents Act, 1970 as amended by the Patents (Amendment) Acts of 1999, 2002, and 2005 . The 2005 amendment was particularly significant as it introduced product patents for pharmaceuticals and agrochemicals, bringing Indian patent law in full compliance with the TRIPS Agreement . The Patent Office in India has its headquarters in Kolkata with branch offices in Mumbai, Chennai, and Delhi . The administration of the Patents Act is vested in the Controller General of Patents, Designs and Trade Marks . What is a Patentable Invention? Definition of Invention — Section 2(j) Under Section 2(j) of the Patents Act, 1970, "invention" means a new product...