The concept of Intellectual property is not new, it originated long backin 1474 when the Venetian Law made first organized and systematic attempt toprotect the inventors and makers by a form of patent. However, the modern day Intellectualproperty rights came into light towards the end 19th century whenindustrialism and globalization took a turn. Intellectual Property Rights sincehistory, is related to ownership of unique and creative work and furnishing allthe rights which the creator holds for generating that work. Industrialdevelopment is possible when there is proper stimulation of ideas and thecreator is free in his mind that he will get all the rights and credits for hiscreation. And thereafter for the development of human race it is important topromote industrial development.World Intellectual Property Organization (WIPO) was established in theyear 1967, to regulate the rights of Intellectual property owners and toestablish a better industrial environment to new ideas.
The World IntellectualProperty 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 tofinancial improvement while defending the open intrigue. The InternationalIntellectual Property System is in truth an arrangement of aggregated practicesinstead of a set of settled standards. It is the act of international relationsin the matter of legitimate security of creations and literary and artisticworks, which is administered by both national enactment allowing nonnatives,and international treaties concerning such permissions. There are number ofInternational Treaties/Conventions which manage the different parts ofintellectual property and mechanical property. These Conventions are directedby World Intellectual Property Organization.
The convention for establishment of WIPO was signed by majority nationsof the world to enable rules and regulations for Intellectual propertyworldwide. Convention for WIPO includedthe below mentioned list of protected subjects under Intellectual Property Rights:1. Scientific works, Literary and Artistic works.2. Industrial Designs.
3. Inventions in all fields for humandevelopment.4.
Scientific discovery.5. Performing arts.6. Phonograms,7.
Protection of rights in case of unfair competition.8. Any other right emerging from intellectualactivity.This list given by WIPO is not exhaustive, it may include any other newform of work which has all the basic feature to become a part of IntellectualProperty under WIPO principles. TRIPS agreement came into effect from 1995, tolay down the principle for all kinds of Intellectual Property and it only aimsto strengthen it and protect the rights of the creators. It also enablesenforcement of its principles at both international and national levels. Thefollowing Intellectual Property Rights can be seen under the TRIPS:1.
Patents2. Industrial designs3. Copyright4. Integrated circuit layout-designs5. Geographical indications6.
New plant varieties7. Undisclosed or confidential information.8. TrademarksIntellectual Property Rights in India came into existence long beforethe Liberalization, Privatization and Globalization, policy implementation in1990s. The Indian Patent Act came into existence in the year 1856 and was effectivelyin force for approximately 50 years. Tis act was gradually amended and enforcedin 1911 under the name “Indian Patents and Designs Act, 1911”. However, Indiagot a different act for patents again in 1970, I.
e., Indian Patents Act, 1970. Indiaeffectively draws in at multilateral arrangements and the WTO, TRIPS Council.India has unequivocally bolstered and some of the time drove the charge incalling for open innovation exchange, value controls and assurance ofconventional information. These arrangements will affect advancement, exchange,and interest in IP-escalated items and administrations. The major developmentof Intellectual Property Rights laws started in India after the TRIPS agreementwas signed and accepted internationally.
Few of the changes are:· Change inthe design law: India had an existing design law i.e. Designact, 1911, although it was repealed after TRIPS agreement came into existence anda newly enacted Designs Act, 2000 came into force, as per internationalstandards. New act for design protection had more explicative definitions andintroduction to new subjects like, designs don’t should be enrolled in morethan one class, which was not the situation under the prior law.