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.
- GEOGRAPHICAL INDICATION
A trademark (popularly known as brand name) in layman’s language is a visual symbol which may be a word
signature, name, device, label, numerals or combination of colors used by one undertaking on goods or
services or other articles of commerce to distinguish it from other similar goods or services originating from
a different undertaking. The legal requirements to register a trademark under the Act are: The selected mark
should be capable of being represented graphically (that is in the paper form). It should be capable of
distinguishing the goods or services of one undertaking from those of others.
Copyright (or author’s right) is a legal term used to describe the rights that creators have over their literary
and artistic works. Works covered by copyright range from books, music, paintings, sculpture, and films, to
computer programs, databases, advertisements, maps, and technical drawings
A Patent is a statutory right for an invention granted for a limited period of time to the patentee by the
Government, in exchange of full disclosure of his invention for excluding others, from making, using, selling,
importing the patented product or process for producing that product for those purposes without his consent.
‘Design’ means only the features of shape, configuration, pattern or ornament or composition of lines or color
or combination thereof applied to any article whether two dimensional or three dimensional or in both forms,
by any industrial process or means, whether manual, mechanical or chemical, separate or combined, which
in the finished article appeal to and are judged solely by the eye, but does not include any mode or principle
or construction or anything which is in substance a mere mechanical device, and does not include any trade
mark, as define in clause (v) of sub-section of Section 2 of the Trade and Merchandise Marks Act, 1958,
property mark or artistic works as defined under Section 2(c) of the Copyright Act, 1957.
Geographical Indications of Goods are defined as that aspect of industrial property which refer to the
geographical indication referring to a country or to a place situated therein as being the country or place of
origin of that product. Typically, such a name conveys an assurance of quality and distinctiveness which is
essentially attributable to the fact of its origin in that defined geographical locality, region or country. Under
Articles 1 (2) and 10 of the Paris Convention for the Protection of Industrial Property, geographical
indications are covered as an element of IPRs. They are also covered under Articles 22 to 24 of the Trade
Related Aspects of Intellectual Property Rights (TRIPS) Agreement, which was part of the Agreements
concluding the Uruguay Round of GATT negotiations.