Technological Advancement And Current Intellectual Property Right Laws (By- Sweksha)

Technological Advancement And Current Intellectual Property Right Laws

Authored By-: Sweksha

Ba LLB, 4th Year

Vivekananda Institute Of Professional Studies- Technical Campus

Abstract

In the light of new technology and this emerging sector, the whole world is changing their lifestyle and now accordingly the stronger and more regulating IPR laws are required for the country or countries. This paper will deal with more strict security on IPR laws and focuses on the technology advancement keeping in mind how they are affecting the Intellectual Property laws. The true meaning of creative and innovative minds while, Laws which are actually helping the innovative minds and promoting their ideas without any hindrance in their independent work. This paper will also bring light on the TRIPS agreement and the need for the stronger security and protection in sharing and advancing the technology. The literature review of TRIPS agreement in India for technology transfer in a developing country and is it benefiting India. Ensuring maximum benefits from developed counties in their own country. Through this research paper I will try to impart all the pros and cons of TRIPS agreement and what rights and duties one have in IPR.

Table Of Content

Topic

Introduction

Intellectual Property Rights

Objectives Of Intellectual Property Right Policy

IPR And Economic Growth

Trade- Related Aspects Of Intellectual Property Rights (Trips)

Recent Development In Ipr Law In India

Trademark Law At Equal Level With International Practices

Registration And Protection Act, 1999

New Copyright Laws

Trips And The Patents Law

Protection In Agriculture Sector

New Designs Law

Semiconductor Integrated Circuits Layout-Design Act, 2000

Conclusion

Introduction

Creativity is one of the most valued possessions one can have and in this competitive world creativity and innovation can easily be embezzled. The technology is playing a vital role in the growth of those who has creative ideas by giving opportunities to establish their minds in bigger and better picture, but technology is also one of the main reasons why there is threat to knowledge. Once someone’s idea or innovation is impeded their will to grow their minds and creativity is stopped.

Intellectual Property Right is a way in which it encourages the innovators to pursue their imaginative ideas by granting the power to protect their innovation. Once there is registration of patent, trademark and the innovator has the copyright that’s when it is now solely be the creation of the innovator.

Technological advancement has played a vital role in intellectual property rights by highlighting all the areas of- trademark and trade secrets, copyright, patents. They all cover the innovator legal protection and securing the innovators innovations. The all are for different purposes as trademark deals with the protection of symbols and name which are the identity for recognising things and differentiate it from other things. Meanwhile copyrights, patents and trade secret focuses on the technology sector.

Intellectual Property Rights

According to world trade organisation the true meaning of IPR is- intellectual property rights are the rights given to persons over the creations of their minds. They usually give the creator an exclusive right over the use of his/her creation for a certain period of time[1]. In layman terms IPR means the protection which is given to the creator for their creative ideas and innovative minds for some particular period of time. All the intellectual property rights are protected by law like Patent, copyright and trademark. Through the help of such laws, recognition is given to people for their work and this also motivates the young and new creators to come up with ideas for their startup. The word intellect means a person’s mental power so the role of IPR is to protect that intellect or intellectual power of a person.

Objectives Of Intellectual Property Right Policy

Spreading awareness- promotion and outreach
Building new Intellectual Property Right laws
 Stronger Legal and legislative
Organized administrative framework
Commercialization of IPR
Enforcement and Adjudication.
Monetary development
Intellectual Property Rights And Economic Growth

Intellectual property right which protects the innovations will benefit the economic growth as well. The world is divided into parts the north and south the former is developed and the latter is developing. IPR law is more effective in the developed countries as compared to developing countries. IPR law will be more effective in the south or developing countries where research and development is highly advanced. TRADE- RELATED ASPECTS OF INTELLECTUAL PROPERTY RIGHTS (TRIPS) under World trade organisation is the most comprehensive multilateral agreement on intellectual property (IP).[2]  There is some research which shows that the stronger IP laws the strict the IPR regimes.

Trade- Related Aspects Of Intellectual Property Rights (Trips)

TRIPS came into effect on 1st January 1995. The main goal for creating TRIPS was that it will help multilateral agreement on Intellectual property. The areas which are covered in under intellectual property right are- copyright and its related rights i.e. rights of the performer and producers sound recordings and broadcasting organisation, in trademark the service marks, geographical indications all re included in the trademark. This agreement has many features but there are three main features of TRIPS.

Standards- under TRIPS agreement there is a minimum standard of protection is given to each member in the agreement. All the standard of protection is defined in the agreement namely subject-matter to be protected, the rights to be conferred and permissible exceptions to those rights, and the minimum duration of protection[3]. These protections had been defined for the substantive obligation of the conventions of the WIPO- the Paris Convention and the Berne Convention.
The Paris Convention is for the Protection of Industrial Property and The Berne Convention is for the Protection of literary and Artistic Work.

Enforcement- The enforcement means the domestic procedures and remedies in the Intellectual property rights. In this certain general principles are lay down in the agreement of all Intellectual Property Right enforcement agreement. Apart from all these things it so contains provisions on civil and administrative procedures and remedies, in addition to this it also refer provisional measures, special requirements keeping the border measures and criminal procedures. These are there so that one can enforce their rights.
Dispute Settlement- the Agreement makes disputes between WTO Members about the respect of the TRIPS obligations subject to the WTO's dispute settlement procedures. It contains some basic principle and general rules. All the obligations under the agreement will apply equally to all member countries but the developed countries will adapt easily as compare to developing countries, they will take time to phase them in.
The TRIPS agreement allows and helps the members to provide more proper and extensive protection of intellectual property.

Recent Development In IPR Law In IndiaTrademark Law At Equal Level With International Practices

The trade and merchandise mark act, 1958 has been replaced by the trade mark act, 1999 so that Indian trademark can come up with international practices for better implementation of TRIPS agreement. Once the Intellectual Property Rights are at good and equal level with international practices it will help in more development of the country. These new changes under 1999 Act as follows-:

Now registration is given to service marks for the first time making them protectable.

The definition off IPR has been widened in trademark by adding the graphic representation, shapes, packaging and combinations of colors.

The registration and renewal years which were earlier seven years are now ten years.

The trademark infringement definition scope has been broadened o given more protection beyond the use of identical or similar marks in goods for which they are registered.

The new change which has been done in the 1999 Act is that the trademark infringement case was earlier filed at the defendant’s place but the new change allows the plaintiff or the trademark proprietor to file the case at district court where he/ she or group of resides.

The goodwill of the business is necessary but under the new law both the registered or unregistered trademark can be assigned.

REGISTRATION AND PROTECTION ACT, 1999

The GIG Act or the Geographical indications of Goods act (registration and protection act, 1999) has been enacted by India. The motive for enacting this act is that it will provide registration and protection of geographical indication relating to goods. The place of goods, where they are originated and how they are in quality and reputation and others factors also. This GIG act helps the geographical region of India, the unique region which India owns comes under the protection of this GIG Act, 1999. The unique product such as basmati rice, the Darjeeling tea and the alphonso mangoes which are in high demand in the international market are protection under the GIG Act, 1999. By protecting these unique products of India, the geographical indication lays a distinctiveness of the product in the international market which will eventually help in the development of India. 

New Copyright Laws

There has been an amendment in 2012 under copyright law which were made to make Indian copyright law compliant with the WIPO Copyright Treaty (WCT) and WIPO Performances and Phonograms Treaty, introduced technological protection measures, ensured that fair use survives in the digital era by providing special fair use provisions, made many author-friendly amendments, special provisions for disabled, amendments facilitating access to works and other amendments to streamline copyright administration. The government is trying to add more new laws under copyright to broaden the protection under copyright laws.

These steps will provide a safer future in terms on infringement through more strict and effective legal system.

Trips And The Patents Law

The trips agreement has widen the sector of patent by making list of inventions not patentable. This also gives more reserved rights to the patent holder and reversing the burden of proof in infringement cases. Indian Patent (Amendment) Rules 2014 recently introduced a third category of applicant being of "small entity", and provided procedural rules for governing the same. Furthermore, the fee for basic patent filing have been revised due to the introduction of the e-filing system of patents wherein the rates for e-filing are lower than those involved in physical filing[4]

Protection In Agriculture Sector

The TIPS agreement is improving its laws in the rights of the farmers and the protection of plant varieties. The protection of plant varieties and farmers right act 2001enacted to provide better effective system of protection in agriculture sector. The act provides protection towards farmers as they promote better quality of plants varieties by conserving, improving and making them available for plant genetic resources.

New Designs Law

The earlier design law which was the designs Act, 1911 is now replaced by the designs Act, 2000. In the earlier law designs were need to be registered in many classes but this is not the case in the New Design Act, 2000. In the earlier design there was a law of secrecy of design for the period of 2 years which is not scratched from the new Design Act. The new design Act protects the innovators for their creation by imposing these right on other who infringes these rights. In this new design Act they specifically mentioned the term ‘original’ to ensure people that what can be registered. In relation to a design, the term "original" includes designs, which old in themselves, are new their applications.

 Any act whether it is new or original but should not be used before registration either in India or outside of India are applicable for registration under this act. The terms article and design become wider in sense because of adding them into conformity with international market. In view of India's accession to the Paris Convention and India being a signatory to the WTO, the right of priority has been extended to countries under Paris Convention.[5] 

Semiconductor Integrated Circuits Layout-Design Act, 2000

This act has been established for the protection of design-layout for the period of 10 years. Anyone not complying with the rule has to follow the consequences.

Indian Intellectual property right law are still developing in the country but with these changes help in faster improvement so that they can come up with conformity with international IP law like the Paris Convention for the protection of industrial property and the Berne Convention on copy rights and lastly the TRIPS Agreement.

Conclusion

In India there are many steps taken to improve our Intellectual Property Right law but for a country like ours which is still under poverty and comes under the title of ‘developing Country’ it is different to compete with the International Intellectual Property law. As in the Covid-19 times most of the country has converted into digital India, all the office woks and studies were done online and people have managed it perfectly and this idea was supported by the Intellectual Property Right laws which we have as it give encouragement in research and development. So, people can create new things and sell them within the bounders of India or outside India. Creation is a very important aspect in our country because this will help in speedy development of the country and India will outshine in the International market whether it is concerned with import or export or selling the advance technology we have in India.