INTELLECTUAL PROPERTY LAW
(short notes for CLAT)
I ntellectual Property (IP) law is a fundamental part of Corporate Law. It
relates to the establishment and protection of intellectual creations such
as inventions, designs, brands, artwork and music.
It protects “creations of mind” used in commerce. This can include
inventions, literary works, art, symbols, etc.
TYPES:
I. P
ATENT
Protects new inventions and technology advancements.
Term:20 years
escription:A patent is filed to get an inventor exclusive legal
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rights to their inventions. It is valid for 20 years, starting from the
day the application is filed. After the term expires, it enters the
public domain, i.e. anyone can manufacture and sell the invention
without the inventor’s permission.
II. C
OPYRIGHT
Safeguards original literary works, cinematography, software,
artistic works, music/sounds (anything more than 30s).
Term:Entire lifetime of the author + 60 years after their death
escription:A copyright is a legal right that safeguards the
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original work of authors and gives them exclusive rights to
reproduce, distribute, adapt and display their own work.
III. T
RADEMARK
Protects brand identity such as logos, symbols, brand names, sound
(less than 30s).
Term:Initial validity is 10 years, but it can be renewed for
subsequent 10-year periods.
escription:A trademark is a legal right that provides an owner
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exclusive legal rights over their brand identity, such as names,
logos, etc. Only sounds with a duration of less than 30s can be
trademarked. For example, the famous “Hello Moto” sound which
is Motorola’s signature startup sound and ringtone is a trademark
of Motorola Trademark Holdings.
IV. I NDUSTRIAL DESIGNS
Protects the visual appearance of an article. aesthetic or ornamental
features of an article.
Term:Initial validity is 10 years, but can be extended for another 5
years.
escription:Industrial designs is a legal right that provides
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protection over the aesthetic and ornamental features of a product.
It is commonly used in fashion law, vehicle designs, etc. For
example, the unique designs of vehicles like Mini Cooper and
Vespa are protected under the Industrial Designs laws of IP law.
V. T
RADE SECRETS
Protects confidential information.
Term:Indefinite
escription:Trade Secrets in IP law protect confidential
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information, which can include formulae, list of customers, etc.
For example, the formula for electoral ink used in elections in
India is protected by trade secrets and only one company, i.e.
MVPL is authorized to produce the indelible ink.
VI. G
EOGRAPHICAL INDICATIONS
Protects names of products that have a specific geographical
origin.
Term:Initial validity is 10 years, but can be renewed for
subsequent 10-year periods.
escription:Geographical Indications rights cannot be given to an
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individual, it must belong to a community. GIs protect products or
articles having a certain origin. For example, Darjeeling Tea,
Terracotta of Gorakhpur, etc.
OTE:West Bengal and Odisha claimed the sweet “rasgulla” to
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be of the origin of their respective states. The GI Registry decided
to give the GI tag ‘Banglar Rasogolla’ to West Bengal in
November 2017 and ‘Odisha Rasagola’ to Odisha in July 2019.
For any edits, contact:lunaeditz06@[Link]
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