Explained: Intellectual Property, its Types and Legal Remedies Available in India
Explained: Intellectual Property, its Types and Legal Remedies Available in India
Copyright, Patent, Trademarks, Industrial designs, Geographical indications, Trade secrets are different types Intellectual Property.

What is intellectual Property?

Intellectual Property (IP) is a category of property that includes intangible creation of human intellect. It refers to creation of mind, such as invention, literary and artistic work, designs and symbols, names and images.

What is purpose of intellectual property law?

Purpose of IP law is to encourage creation of a wide variety of Intellectual goods. It enable people to earn recognition and financial benefits from what they invent or create. It aims to foster an environment in which creativity and innovation can flourish.

What are different types of intellectual property?

Copyright, Patent, Trademarks, Industrial designs, Geographical indications, Trade secrets are different types Intellectual Property.

What is Copyright?

Copyright is a term used to describe a bundle of rights that creators have over their original literary, dramatic, musical and artistic work, sound recordings and cinematograph files for example books, music, paintings, films, advertisements, etc.

What are patents?

A patent in an exclusive right granted for an invention. Patents provides the patent owner with right to decide how or whether the invention can be used, in exchange for his right, the owner makes technical information about the invention publicly available.

What are trademarks?

“Trade mark” as defined under the Trade Marks Act, 1999 is a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include shape of goods, their packaging and combination of colours.

What is Geographical indications (GI)?

GI and appellations of origin are signs used on goods that have specific geographical origin and possess qualities, reputation or characteristics that are essentially attributable to that place of origin.

What is violation of Intellectual Property Rights?

Violation of Intellectual property rights, called infringement, may be a breach of civil law or criminal law, depending on type of intellectual property involved, jurisdiction and the nature of action.

Why IP law important? What does it involve?

IP law defines the legal rights and provides necessary protection on usage, commercial viability, marketing, distribution, infringement or duplication, vesting of ownership and usage rights for any product or matter which falls within the ambit of IP.

What are laws and Act protecting Intellectual property in India?

In India, IPs are protected under various laws some of them being Copyright Act 1957 with necessary amendments in 2012, Trade mark Act 1999, Design Act, 2000, Patents Act, 2005.

(The author, Prachi Mishra, is a Supreme Court lawyer and Additional Advocate General, Chhattisgarh)

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