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The expression “Intellectual Property” is of recent origin. This term communicates the rights regarding five basic intellectual properties namely (i) Trade Secret, (ii) Patent, (iii) Copy Right, (iv) Trade Market and (v) Mask Work dealing with the design for element of semi conductor chip. IPR law is basically a municipal law (Law of the Country).
This property is of many forms – patents, industrial designs, copy –rights, trade-marks, know-how and confidential information. Intellectual property is intangible or incorporeal. It is a product of human intellect.
- The Patent Act 1970:
The Designs Act, 1911; the Copy Right Act, 1957; the Trade & Merchandise Act, 1958, and the Patents Act, 1970 provided for civil remedies for economic and commercial exploitation of the intellectual property rights.
In case of patents for new inventions the patentee gets the exclusive right to manufacture the product patented or to use the process patented for a maximum period of 14 years. But in case of drugs and food the exclusive right accrues for a much shorter period of 7 years. After the expiry of the term of patent, the invention becomes public property and any person can freely use it. For an industrial design registered in the Designs Act, the registered owner of the design gets the exclusive right to apply the design to the article covered by registration for a maximum period of 15 years (5 years at a time).
- The Copyright Act 1957:
The author of a copy right in literary, dramatic, musical or artistic work gets exclusive right to commercially exploit the work during his life time and thereafter for another period of 50 years. In regard to works like cinematography films and music records the copyright protection is limited to 60 years from the year of publication.
The intellectual property in a design or trademark can be acquired by registration under Designs Act and Trademarks Act respectively. But there is no such requirement for copyright. That means that the IPR is the right to prevent others and competitors from commercially exploiting the IPR to the detriment of the owner of the intellectual property. Patents give temporary protection to technological inventions.
- The Press and Registration of Books Act.1867
Generally, every person has a right to publish his own journal or newspaper. He need not take any license for such a publication. However, there is a need to declare the title of the newspaper and register it. By registering the title, the publisher will be preventing others from taking out any newspaper with the same name. Thus he is required to register the title with which no newspaper was registered earlier, in the same language or any other language.
- Delivery of books and newspapers (public libraries Act) 1954
Under this act the publisher of every book published in India shall deliver at his own expense a copy of the book to the national library at Kolkata and one such copy to each of the other three public libraries within 30 days from the date of its publication.
- The press council Act
Press council act 1978 was enacted for the purpose of preserving the freedom of the press and of maintaining and improving the standards of news papers and news agencies in India. Under the chairmanship of a renowned former judge of the Supreme Court, the press council will consist of 28 members, one of its main objects is to build a code of conduct for newspapers and news agencies and journalists in accordance with high professional standards.
- The prize competitions Act 1955
It has own become common to introduce several schemes as prize competitions inviting the members of the public to participate to popularize the products or the organization.
- Drug and magic remedies (objectionable advertisements) Act 1954
This act penalizes the advertisements of drugs claiming magic remedies dealing with procurement of miscarriage or prevention of conception in women: or correction of menstrual order, or maintaining or improvement of sexual capacity in human beings and venereal diseases. The misleading advertisement relating to drugs, giving a false impression regarding the true character of the drug or making a false claim about the effect of the drug is also prohibited by this act.
- The emblems and names (prevention of improper use) Act 1950
This act prohibits improper use of national emblems and names for promotion of products or for commercial advertisements.
- The official secrets Act 1923
This act punishes two offences spying and wrongful communication of secret information.
- The law of defamation
Defamation is an injury to a person’s reputation. The wrong of defamation consists in the publication of false and defamatory statement against another person without lawful justification or excuse.
- Obscenity
Section 292 of Indian penal code punishes selling, hiring, distributing, exhibition, or circulating any obscene book, pamphlet, paper, drawing or painting or figure or any other obscene object, with imprisonment up to two years and fine up to Rs. 2000. Obscene means offensive to chastity or modesty.
- The indecent representation of women (prohibition) Act 1986
This act punishes indecent representation of women, which means the depiction in any manner of the figure of a women, her form or body or any part thereof in such a way as to have the effect of being indecent or derogatory to or denigrating women or is likely to deprive. Corrupt or injure the public morality or morals.
- The consumer protection Act 1986
Public relations depend on the credibility, and credibility lives on the quality. A public relations person cannot endorse a less quality product and introduce it into the consumer market.
- The protection of civil rights Act 1955
Punishment
Whoever: by words, either spoken or written, or signs or by visible representations or otherwise incites or encourages any person or class of persons or the public generally to practice ‘untouchability’ in any form whatsoever; insults or attempts to insult on the ground of Untouchability a member of a scheduled caste shall be punishable with imprisonment for a term not less than one month and not more than six months and also with fine which shall be not less than one hundred rupees and not more than five hundred rupees.
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