Archive for March, 2011

“If nature has made one thing less susceptible than any other person owned subsidiary, is the action of the thinking power called an idea, which an individual may exclusively possess as he keeps to himself, but the time it is divulged, it forces itself into the possession of everyone, and the receiver can not dispossess him. “Thomas Jefferson.

Intellectual Property Rights (IPR) privileges granted to owners of works that are created with the help of individual intelligence. These creations can be in the business, technical, fictional and arty domains and can have various forms comprising, of scripts, inventions, software, suite, or a trade name.

The term “intellectual property” was introduced in the case of Davoll et al. Brown in October 1845 in the Circuit Court in Massachusetts v.. In what Justice Charles L. Woodbury held that “this is the only way we can protect intellectual property, the work of the mind, productions and interests as well as a clean man … that the wheat he cultivates, or herds, he rears. ” Section 1 of the French law of 1791 also stated that “all new discoveries are the property of the author to ensure the inventor the property and temporary enjoyment of his discovery, it must be delivered to him a patent for five, ten or fifteen years.

The basic objective of IPR is to protect the rights of the author and his work at the same time allow the public to display their creativity. IPR law also puts limits on how long these rights granted to authors so that a balance is maintained. Intellectual property, like any other form of ownership may become a material of commerce, may be owned, sold and purchased. This type of ownership is gradually becoming important for ensuring competition in an economy based on knowledge.

Intellectual property is divided into the following categories:
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 Patents
 Marks
 Design rights
 misleading
 The right to confidential information

Copyright , are mainly issued to protect original expressions of art, literature, music, drama – for example, Pepsi has a copyright on the phrase “Yeh Dil Maange More”

Patent are the rights granted to the inventor of the new inventions that are not common – For example, Graham Bell received a patent for his invention of the telephone.

brands are mainly issued to protect the trademark or brand name and symbol that can be used by the owner of the mark, for example, the name of “Coca Cola” is a trademark protected and that policymakers can use

Design is issued for the protection of the artistic and visual products -. For example, a toothbrush with big hair can get legal protection for its unique design.

confidential information and trade secrets can also be protected by imposing restrictions on the physical use of this information and also to impose contractual obligations on those who process information – for example, the formula for making Coca-Cola has been kept secret in this way.

There are several organizations working to protect intellectual property. Some of them are the following:

(A) World Intellectual Property Organization (WIPO) in Geneva which sanctions various treaties in the field of intellectual property.
(B) Paris Convention for the Protection of Industrial Property (Patent, Trade Marks, etc.) from 1883.
(C) Berne Convention for the Protection of Literary and Artistic Works (copyright) 1886.
(D) Cooperation Treaty (PCT) through which patents can be obtained in different countries by filing one application.
(E) World Trade Organization (WTO), which contains aspects of Intellectual Property Rights (TRIPS). This agreement creates an obligation for all members to recognize the intellectual property rights in their country.

In India, the Department of Industrial Policy and Promotion is the supreme authority in all matters concerning WIPO. There has been remarkable progress in the field of intellectual property in India which is evident from the statistics presented below:

(A) In 1999-2000, he was simply 4824 patent application were filed in 2006-2007 when a total of 28,882 applications were filed.
(B) There were only 2,824 applications examined in 1999-2000 while in 2006-2007 the number rose to 14,119 in 2006-07.
(C) There was a backlog of 5 lakh cases has been reduced to zero at this time.
(D) The process of renewal of certificates of marks being done instantly and new applications are reviewed within a week.
(E) In 1999-2000, 8,010 registrations were made which increased to 109,361 today, which is almost 13 times the previous figure.
(F) Over the past four years, there were 3.38 lakh registered certificates issued, but in the last 64 years, he was merely 1.65 lakh trademarks have been registered.
(G) There were 39 entries GIs products since September 2003. These include Darjeeling tea, Pochanpally Ikat, Chaddar, Mysore silk, Chanderi Saree, Kullu Shawl, Solapur Bidriware, etc.
(H) In the field of design as the filing of applications has increased from 2874 to 5372 in 2006-07. The number of applications examined has also increased to 5179 in 2006-07. Entries in designs have also increased to 4431 in 2006-07.

The current development of IP in India

(A) Establishment of

NIIPM
The government has already approved the proposal to establish a National Institute of Intellectual Property Management (NIIPM) in Nagpur. The Institute conducts training, education and research in this area.

(B) The modernization of IP offices

To provide additional staff, establish a level of computer network to support the processing line, strengthen the database and new research facilities, to inform the public about the activities of production, and provide access international treaties and conventions easily the government plans to modernize the IPOs. This proposal will be resumed in the 11th Five Year Plan.

(C) Madrid Protocol on Trademarks

Madrid Protocol, administered by WIPO, is a simple, facilitative and lucrative for the registration of international trademarks. If India becomes a member of the then Indian companies will have an advantage of registering their trademarks in all countries that are members of this Protocol by filing a single application. The amendment to the Act on trademarks is underway so that our country can be a member of protocol.

(D) International Searching Authority (ISA) and International Preliminary Examining Authority (IPEA)

ISA and IPEA provide reports on research reports and unity of the examination on the patentability of inventions diverse. In India, a plan is under consideration for recognition of the Indian Patent Office International Searching Authority (ISA) and International Preliminary Examining Authority (IPEA) under the Patent Cooperation Treaty.

(D) Mashelkar Committee />
The Indian government has created a technical expert group to examine questions of patent law:

(A) Would it be compatible with the TRIPS Agreement in order to reduce the granting of patents for pharmaceutical substances only to a new chemical entity or new medical entity.
(B) Whether it would be compatible with the TRIPS Agreement to exclude micro-organisms from patentability.

The bottom line is that India is one of the most responsible members of the WTO. In addition to creating waves in the global software industry of India has formulated strict laws to protect intellectual property rights in the country. Bill Gates, CEO Microsoft Corporation, noted India as one of the strongest stands for software development. It appears from this statement that if someone like Bill Gates who is so aware of IPR issues may designate India as a destination to come for software development, and foreign companies should not worry about protecting their intellectual property rights while investing in India.

Software Intellectual Property Management