GLOBAL IPR PROTECTION
PUBLISHED ON 05.06.2021 BY MS. HARINDER NARVAN, MS. APARNA JAIN, MS. AASHRIKA AHUJA AND MR. DEBANJAN ROY CHOUDHURY Global economy is becoming increasingly innovation driven powered by knowledge, creativity and technology each of which is fundamentally supported by intellectual property and its supplemental rights protection. Intellectual property refers to creation of mind, such as inventions; literary and artistic works; designs; and symbols, technological advancements through processes and products, names and images used in commerce. Intellectual property is protected by, patents, copyright, design and trademarks which enable people to earn recognition or financial benefit from what they invent or create. The IP system aims to foster an environment in which creativity and innovation can flourish.
Now more than ever, international community is beginning to maximize global innovation to tackle commonly shared cross border challenges such as climate change, disease prevention and treatment as well as economic growth. To maximize the role of intellectual property in this scenario, efforts to strengthen international framework of intellectual property rules, norms and cooperation need to be undertaken at a faster pace.
We at Knowledgentia, take pride in handling entire life cycle of IPR for our clients not just domestically but internationally as well. We accord Global IPR Protection by taking recourse to following route for our clients for protecting different and specific kinds of IP.
Patents are exclusive and territorial rights granted for an invention in a product or process that leads to a new and an inventive way of doing something as well as offer a new technical solution to a problem. Once patent protection is granted, the invention cannot be commercially made, used, distributed, imported or sold by anyone else without patent owner’s consent. Patent protection is usually valid for a period of 20 years. When it comes to seeking Global patent protection, at Knowledgentia being the Patents Consultants in India we are well versed with assisting our clients by guiding them through process of filing international patent application under Patent Cooperation Treaty (PCT) or through direct national phase filing as per requirement of the clients. We also assist in conducting prior art searches as well as preparing reports for our clients along with fulfilling other supplemental matters related to seeking global patent protection.
Trademark usually refers to a mark, logo, sign, tagline, combination of either of these which are capable of distinguishing the goods or services of one person from the other. Knowledgentia, the Trademark and Brand Registration firm in India caters to trademark filings through Madrid system that is a convenient and cost – effective solution for registering and managing trademarks worldwide in all its member states.
Copyright is a bundle of rights that creators have over their literary, musical, dramatic and artistic work. Knowledgentia provides Copyright registration services in India and across the globe. Works covered by copyright range from books, music, paintings, sculpture, softwares, website contents, photographic images, films to computer programs, databases, advertisements, maps and technical drawings to name a few. Copyright is an exception to all other intellectual property rights which are territorial in nature. The registration of copyright is not mandatory and if registered in any one member state the protection is automatically accorded to all member states.
The BERNE CONVENTION, administered by the World Intellectual Property Organization (WIPO) sets a minimum set of standards for the protection of the rights of the authors of copyrighted works around the world.
It is based on THREE BASIC PRINCIPLES and contains a series of provisions determining the minimum protection to be granted to the authors, and also there are special provisions for the developing countries which they can make use of them.
The three basic principles are as follows:
- Works originating in one of the Contracting States must be given the same protection in each of the other Contracting States as the latter grants to the works of its own nationals. (This is also known as the principle of “NATIONAL TREATMENT”).
- Protection must not be conditional upon compliance with any formality (principle of “AUTOMATIC” PROTECTION).
- Protection is independent of the existence of protection in the country of origin of the work (principle of “INDEPENDENCE” OF PROTECTION)
The said convention also consists of certain rights that are recognized as exclusive rights of authorization. These are as follows:
- The right to translate.
- The right to make adaptations and arrangements of the work.
- The right to perform in public dramatic, dramatic-musical and musical works.
- The right to recite literary works in public.
- The right to communicate to the public.
- The right to broadcast.
- The right to use the work as a basis for an audiovisual work.
The works of nationals of all Berne Convention member countries are protected. The works of authors who are not nationals of Berne Convention member countries may also be protected if the work was first or at the same time published in a country.
The Berne Convention also allows certain limitations and exceptions on economic rights, that is, cases in which protected works may be used without the authorization of the owner of the copyright, and without payment of compensation. This is permissible only if:
- It covers a special case.
- It does not conflict with the normal exploitation of the work.
- It does not unreasonably discriminate the interests of the author.
The Berne Convention has set a minimum duration of a copyright in a literary work equal to the life of the author plus 50 years but in most of the countries, the general rule is that copyright in literary, dramatic, musical or artistic works lasts for the life of the author and then until 70 years after his or her death (usually referred to as “life plus 70”). Thus, the GLOBAL IPR Protection is duly protected.
Design constitutes ornamental aspect of any article. It usually consists of three dimensional features such as shape of an article or two dimensional features such as patterns, lines or colour. In terms of according global protection, we at Knowledgentia through filing a single international application provide a practical business solution to all our clients to get their design application registered in many countries by adopting to Hague System for International Registration of Industrial Designs.
GI is a sign used on products that have a specific geographical origin and possesses qualities or a reputation that are due to that origin. In order to function as a GI, a sign must identify a product originating at a given place. At global level, the Lisbon System for International Registration of Appellations of Origin and Geographical Indication offers a means of obtaining protection for a GI in contracting countries through a single registration procedure and one set of fees.
From small businesses to MSME’s to corporate to multinationals, start ups, entrepreneurs, technical innovation incubation centres these days all organizations face competition at a breakneck speed and managing and protecting one’s intangible assets worldwide is a phenomenon that has to be wisely controlled. IP rights are extremely important from the perspective of establishing oneself as a stakeholder in global economy. Thus, Protection and enforcement of these rights through the Best Litigation Firm in India for taking counterfeiting legal action are critical to many global industries, including pharmaceuticals, whose livelihood and ability to contribute to the world depend upon innovation. Sound legal advice coupled with timely identification can help many businesses to navigate their way out of rough waters well in time. Knowledgentia, the Best law firm in India is also Start Up facilitators in India.