WIPO - World Intellectual Property Organization

Industrial Property, Patent, Trade Mark

Established on 14th July 1967

Specialized agency under ECOSOC

Head Quarters Geneva, Switzerland

DG - Daren Tag

India is a Member since 1975

Permanent Observer - Palestine

WIPO - Cork Islands, Holy Sea, Nive

UN - South Sudan, Micronesia, Pales

 

 

 

Paris Convention, 1883

1st Intellectual Property Right Treaty

still used

How to bring Intellectual Property Right at National Level

 

Bern Convention, 1886

Author's rights, arts, music etc..

WIPO Copy right treat

Digital Rights as well

 

Patent Cooperation Treaty, 1970

Madrid System of Trademark, 1891 - 1980

 

TRIPS - Trade Related Intellectual Property rights.

 

Industrial Property

1. Industrial Design

2. Patent

3. Plant Variety

4. Trade mark

5. GI Tag

6. Trade Secrets

 

Industrial Design

- Design of a product

- Increases marketing

- "Design" Section 2(d) of Designs Act, 2000

- 2D, 3D

- Renewable 10 Years + 5 years (not more than that)

Industrial Design does not include:

- Artistic work

- Trade Mark

- Post Card

- Stamp

 

2. Patent - Basically for inventions

Parent and Designs Act, 1911 -> Patents Act 1970 (2000 amendment)

50 Years -> 20 Years

Paris Convention - National Treatment - India joined in 1988

TRIPS

Office of controller general and patent designs, Mumbai

Patent co-operation Trust

Discovery is not a patent

 

3. Plant Variety

New species of plants formed through breeding

The Protection of Plant Varieties and Farmers Rights Act, 2001.

 

4. Trade Marks

Visual symbol representing something. Slogans are also trade marks.

(i) Phrase

(ii) Word

(iii) Symbol

(iv) Combination

 

Trade Marks Act, 1999

- Trade Marks for goods

- Service Marks for Services

Madrid Agreement, 1883 - WIPO

Trade Mark is given for 10 years

Certification trademark - Brand Logo

 

(R) - Registered Trade Mark

TM - They have trade mark

Office of Controller General of Patent Designs and Trade Marks, Mumbai

 

5. GI Tag

- A person's goods can be registered as name of others

- TRIPS

- You have to apply and then government allots

e.g. 1st GI Tag - Darjeeling Tea

Khola Chilli, Goa

 

6. Trade Secrets

Recipes, Formulas etc..

 

Copy Right

Copy Right Act 1970

- Copy right for 60 years

- Literature pieces, drama, music, cinematographic, nieces, sound

- Digital Copy right - stored in some medium

- Original

- Copy Right is protecting your idea, expression, way and not idea

Cinematography protection is granted to creator

eg. If copy right is granted in 2020, 60 years will be counted from 2021.

eg. If someone takes copy right at 39. Then he has it till he ages to 99. But if he dies in between, say, 9, then it will become 79+60 i.e. 139.