The concept of Intellectual property is not new, it originated long back
in 1474 when the Venetian Law made first organized and systematic attempt to
protect the inventors and makers by a form of patent. However, the modern day Intellectual
property rights came into light towards the end 19th century when
industrialism and globalization took a turn. Intellectual Property Rights since
history, is related to ownership of unique and creative work and furnishing all
the rights which the creator holds for generating that work. Industrial
development is possible when there is proper stimulation of ideas and the
creator is free in his mind that he will get all the rights and credits for his
creation. And thereafter for the development of human race it is important to
promote industrial development.
World Intellectual Property Organization (WIPO) was established in the
year 1967, to regulate the rights of Intellectual property owners and to
establish a better industrial environment to new ideas. The World Intellectual
Property Organization (WIPO) is a specific organization of the United Nations.
It is devoted to building up an adjusted and open international intellectual property
(IP) framework, which rewards innovativeness, empowers advancement and adds to
financial improvement while defending the open intrigue. The International
Intellectual Property System is in truth an arrangement of aggregated practices
instead of a set of settled standards. It is the act of international relations
in the matter of legitimate security of creations and literary and artistic
works, which is administered by both national enactment allowing nonnatives,
and international treaties concerning such permissions. There are number of
International Treaties/Conventions which manage the different parts of
intellectual property and mechanical property. These Conventions are directed
by World Intellectual Property Organization.
The convention for establishment of WIPO was signed by majority nations
of the world to enable rules and regulations for Intellectual property
worldwide. Convention for WIPO included
the below mentioned list of protected subjects under Intellectual Property Rights:
Scientific works, Literary and Artistic works.
Inventions in all fields for human
Protection of rights in case of unfair competition.
Any other right emerging from intellectual
This list given by WIPO is not exhaustive, it may include any other new
form of work which has all the basic feature to become a part of Intellectual
Property under WIPO principles. TRIPS agreement came into effect from 1995, to
lay down the principle for all kinds of Intellectual Property and it only aims
to strengthen it and protect the rights of the creators. It also enables
enforcement of its principles at both international and national levels. The
following Intellectual Property Rights can be seen under the TRIPS:
Integrated circuit layout-designs
New plant varieties
Undisclosed or confidential information.
Intellectual Property Rights in India came into existence long before
the Liberalization, Privatization and Globalization, policy implementation in
1990s. The Indian Patent Act came into existence in the year 1856 and was effectively
in force for approximately 50 years. Tis act was gradually amended and enforced
in 1911 under the name “Indian Patents and Designs Act, 1911”. However, India
got a different act for patents again in 1970, I.e., Indian Patents Act, 1970. India
effectively draws in at multilateral arrangements and the WTO, TRIPS Council.
India has unequivocally bolstered and some of the time drove the charge in
calling for open innovation exchange, value controls and assurance of
conventional information. These arrangements will affect advancement, exchange,
and interest in IP-escalated items and administrations. The major development
of Intellectual Property Rights laws started in India after the TRIPS agreement
was signed and accepted internationally. Few of the changes are:
the design law: India had an existing design law i.e. Design
act, 1911, although it was repealed after TRIPS agreement came into existence and
a newly enacted Designs Act, 2000 came into force, as per international
standards. New act for design protection had more explicative definitions and
introduction to new subjects like, designs don’t should be enrolled in more
than one class, which was not the situation under the prior law.