Cardinals Of Intellectual Property Rights (Part- II)

The blog is divided into two parts and this is part 2 of the blog.

PART 1: of the blog discussed about history, development, fundamentals of IPR and explained Patents and Trademarks.

PART 2: of the blog gives a detail about Copyrights, Industrial Designs, Geographical Indications, Layout Designs of Integrated Circuits, Plant Variety Protection and Trade Secrets.

The need of protecting IPRs is inarguably increasing day by day. In order to protect the same the laws should in tandem with the pace of technology. This blog will consider different IPs, which are at growing stage. These include the IPs, like- Copyrights, Industrial Designs, Geographical Indications, Layout Designs of Integrated Circuits, Plant Variety Protection and Trade Secrets.

COPYRIGHTS:

Term copyright is a bundle of exclusive rights provided to the creator/owner of original works of authorship, which includes literary, dramatic, musical, and artistic works, cinematographic films, and sound recordings. Copyright gives protection to expressions only and not to ideas.

Broad classification of ‘works’ which are protected by copyright are-

1. Original literary, dramatic, musical, and artistic works
2. Cinematograph films
3. Sound recordings”

The Copyright Act, 1957 deals with all the provisions related to copyrights in India. Section 13 &14 gives a detail about what all can be copyrighted. Just like trademarks registration for them is not mandatory, but if it is registered the protection becomes airtight.

In India, protection under copyrights is provided into two forms, which includes, economic rights and the moral rights of the author. Economic rights are enumerated under section 14 of the Act and section 57 deals with the moral rights of the copyright holder.

1. Economic Rights-“Subsists in the original works of the author and are primarily in the respect of literary, dramatic, and musical works other than computer programs. To reproduce, store, issue copies to public, perform, communicate, and make translation or adaptation of the work.
2. Moral Rights- Two fundamental moral rights of an author are the right of paternity and right of integrity. Right to paternity means right of an author to claim authorship of work and prevent others from claiming his work, which can jeopardize his honor or reputation.”

Duration for copyright is 60 years counted from the year after the date of publication. The underlying work can only be assigned or licensed in writing by the right holder or agent authorized by him. Remedies provided under the statute includes civil as well as criminal.

INDUSTRIAL DESIGNS

In“words of WIPO Industrial Design is a composition of lines and colors or any three-dimensional form, which leaves a unique impression on a product. Such designs balance the quintessence of the ornamental or aesthetic strand of a useful article, which can be seen, felt, and reproduced in bulk.” These are protected under the Designs Act, 2000, corresponding to Design (Amendment) Rules, 2014.  It acknowledges the creation of new and unique characters of new shape, configuration, surface pattern, ornamentation, colors etc. which is to be judged solely by the eyes. This statute also gives the rightful owner ‘copyright’ in design, which means the proprietor has exclusive right to use the design on article belonging to the class of its registration.

Their registration is for 10 years, extendable up to 5 years. And anyone who violates the provisions of this statute is liable to pay a sum of Rs. 25,000 for every offense registered owner subject to maximum of Rs. 50,000/-. Benefits of protecting industrial designs includes- monetary gains, unique selling propositions, positive image of a company in the market, in case the design so created is not profitable, same can eb sold to a third party.

GEOGRAPHICAL INDICATIONS (GI):

A GI is basically a sign which is used to ascertain and determine the “specific geographical origin and has qualities or reputation essentially because of that region. To classify a GI, it is pertinent to establish a link between the product and its place of production. The name associated with the GI, ensures quality and distinctiveness which is vital to the fact of its origin of that country, region, or locality. The Geographical Indications of Goods (Registration and Protection) Act, 1999. Any indication to get registration must fall under the scope of section 2(1)e of the GI Act.”

Products like foodstuffs, clothes, handicrafts, industrial and agricultural products are used as GIs. GI protection gives the rightsholder right to use the indication to prevent its use by a third party whose product is not in consonance with required standards. Registration of GI is mandatory, and it is allotted only as a group right. For example- Darjeeling Tea, Pashmina Shawl, Basmati rice etc. term of protection for this is 10 years.

LAYOUT DESIGNS OF INTEGRATED CIRCUITS:

A configuration of the arrangement of transistors and other circuits or chips which is expressed on a semiconductor integrated circuit can be provided protection under layout-design of a semiconductor integrated circuit. A product which has transistors, chips, circuits, formed in an inseparable manner, on or inside an insulating material, specifically designed to perform an electronic circuitry function are known as semiconductor integrated circuits (SIC).

The Semiconductor Integrated Circuits Layout-Design Act of 2000 along with the Semiconductor Integrated Circuits Layout-Design Rules of 2001, protects the original and unique layout designs. Devices like- Computers, TVs, Watches etc. use ICs. To get protection under this law, it is ardent for the layout design to be original, distinct, and unique from others. Violation under this statute is completely criminal whereby infringer can be punished for up to 3 years of jail or a fine of Rs. 50,000/- till Rs. 10,00,000, or both. Duration for protection of ICs is 10 years from the date of filing an application for registration or from the date of first commercial exploitation anywhere in any country whichever is earlier.

PLANT VARIETY PROTECTION

This is a unique kind of protection provided to the breeder in the form of Plant “Breeder’s Rights (PRBs). A sui generis system laid under Plant Variety Protection and Farmers Rights (PPVFR) Act, 2001, safeguards the plant varieties and the rights of plant breeders and farmers. Registration under this statute provides exclusive rights on the breeder or his successor or any of his agent to sell, distribute, import, or export the variety.

Types of varieties given protection here are- new, extant, farmer’s and essentially derived variety. The Act also lists the plant varieties which cannot be registered under it. Term of protection for a registered variety is, for:

1. Trees and Vines- 18 years from the date of registration of the variety.
2. Extant varieties – 15 years from the date of notification of that variety by the Central Government under Seed Act, 1966.
3. Other crops – 15 years fifteen years from the date of registration of the variety..”

TRADE SECRETS:

Any set of information which is confidential and is necessary for the commerce of that business since they include potential commercial value and is not in public domain qualifies to be a trade secret. No specific law in the country protects the trade secrets just the judicial rulings of courts and tribunals. Under the scope of Indian Contract Act and Specific Relief Act, courts have upheld trade secret protection under the principles of equity and contractual obligation. Since there is no defined law, injunction cannot be explicitly awarded and enforced by the courts. Article 39.2 of TRIPS lays three requisites for any information or data to be a trade secret.

CONCLUDING REMARKS:

In the time of internet where everything is just a click away and duplicity is the new trend, it becomes crucial to safeguard the originals. IPRs holds high commercial value due to which strict enforcement and its compliance becomes a pressing priority. Being at a nascent stage for IP compared globally, remarkable progress has been made by the nation. As it is said, “slow progress is still progress”, and that it should not be unaccounted for.

Author:  Upasna Rana – a Legal Intern at  IP And Legal Filings, in case of any queries please write back us via email at support@ipandlegalfilings.com.