INTELLECTUAL PROPERTY RIGHTS

IPR is a private right. A person is granted an exclusive

right for his creations which includes the right to
reproduce, distribute and gain commercial returns.
When another party uses the IP of a person without
his permission it amounts to infringement and is
liable to pay damages.

DESIGNS: Designs Act. 2000. Design includes shape,

configuration, pattern, composition of lines. Valid for
10 years and extended for a second period of further 5
years.

Patents: The Indian Patents Act 1970. The exclusive

privilege granted to inventor for his new and useful
invention for 20 years from the date of filing patent
application.
INVENTIONS WHICH ARE NOT PATENABLE: Inventions
which are contrary to natural laws, which causes
prejudice to life, health or environment, methods of
agriculture or horticulture, computer programme,
literary, dramatic, musical or artistic work.

Protection of IP Right

Trade mark: Trade Marks Act 1999. It is a visual symbol in

the form of words, label etc..
PROTECTION: 1) registration 2) accounts of profits
3) Criminal action.
Registration is not compulsory.

Copy right: The Copyright Act 1957.

It is an exclusive
right given to the author. Offences are punishable with fine &
imprisonment. Now rights are given for life time of author
plus 60 years beyond. An action can be brought even if not
registered.

STATUTORY EXCEPTIONS: Reproduction is permitted

for certain public purposes and for encouragement of private

study, research and promotion of education.
Example: Reproduction by a teacher or pupil in the course of
instruction, taken as back up copies as a temporary protection
against loss, criticism or review etc..

Geographical Indications of Goods

The Geographical Indications of Goods
(Registration and Protection) Act,1999:
Identifies agricultural and natural goods
originating or manufactured in that territory
with certain quality and reputation.
To be registered. Any unauthorized use
like the style, imitation will amount to
infringement.

THE RIGHT TO INFORMATION ACT 2005

OBJECTIVES OF THE ACT: 1) To provide an
effective framework for the right to information
under Article 19. 2) To secure access to
information under the control of the public
authorities and 3) to inform the citizens the
transparency of information and to provide
information.
INFORMATION: Information means any material
in any form including records, documents, papers
reports, data, information relating to any private
body which can be accessed by public authority
under any law.
RIGHT TO INFORMATION: It includes the right
to inspect works, take notes, take certified
samples, obtain information in various forms.

RTI ACT

PROCEDURE FOR REQUESTING INFORMATION :

1) Apply for information in writing or through electronic
means in any official language to the Public Information
Officer, specifying particulars of information required.
2) Reasons for seeking information NOT required.
3) Pay fees, normally Rs.10 plus cost as per rules.
DISPOSAL OF REQUEST : 1) 30 days from the date of
application, 2) 48 hours for information concerning the
life and liberty of persons, 3) 5 days shall be added if
the application is given to Asst. Information Officer, 4)
if the interest of a third party is involved then time limit
will be 40 days.
Failure to provide information shall be deemed as
refusal and also cannot ask for cost if not given within
30 days.

RTI ACT..

INFORMATION WHICH ARE EXEMPTED FROM DISCLOSURE :

Information: 1) which would prejudicially affect the sovereignty,
2) which are expressly forbidden by any Court,
3) which may be breach of privilege of Parliament or
Legislature, 4) which are confidential and received from foreign
governments, 5) which would endanger the life or physical
safety of any person, 6) which would impede the process of
investigation,
7) cabinet papers and records but
not file notings .
8) which relate
to personal information the disclosure of which has no
relationship to any public activity. (REF ACT FOR THE LIST)
ORGANISATION EXCLUDED: RAW, Directorate of Enforcement,
Narcotics Control Bureau, Boarder Security Force, Central
Industrial Security Force, Defence Research and Development
Organization, etc.. (Ref Act for the list)
GROUNDS FOR REJECTION: Information's which are exempted
and if it infringes copy right of any person.

RTI ACT IMPORTANT POINTS

Every public authority should maintain all its records.

Must publish the details within 120 days from 15.05.2005.
Central / State Public Information Officers are appointed.
The information should be given in printed or in electronic
format.
The application must be accompanied with fees.
Applicant need NOT given any reason for the request of
information
Within 30 days information must be provided or as required.
Failure to provide information would be deemed as refusal.
If the request is rejected, reason for refusal shall be
communicated
If no information is received, can file an appeal within 30 days.
Fine can be imposed if information is not furnished.
Jurisdiction of Court is barred.