Features of Intellectual Property Law in India

 Intellectual property laws are the laws framed to shield the rights of artists, creators, and owners of any kind of intellectual property. It can include anything from designs, artistic works to inventions. Besides, intellectual property law can be divided into copyright, trademark, and patent laws. These laws were framed to inspire the advent of various goods, ideas, and services. Similar to the law that shields real estate and personal property ownership, Intellectual property law aims to protect intangible assets.

 

 The law aims to offer creators an incentive to develop creative works that are beneficial for society. Besides, the creators can rest assured as they can earn profit through their creation without any risk of misinterpretation by others. Patents equip inventors with a right to utilize the products freely within the marketplace or earn profits by endorsing their right to a third party. 

 

Usually, the validity of patent rights is up to twenty years- however, this can vary as per the nature of the invention. The items like technological enhancements, new machines, or manufactured goods, along with the product's look, can qualify for patent rights. Patent protection can be denied in the case of inventions that are of no value or can seem morally offensive. You can reach out to any Intellectual Property Law Firms in Delhi. 

Trademarks are designed to protect slogans, names, and symbols used to discern goods and services from each other. The objective of trademarks is to deter beguiling advertisements, avoid consumers, and assist consumers in differentiating the brands of homogeneous products. Since the objective is to differentiate brands from one another, purely descriptive or generic marks can't qualify the test. Rights are usually meant to exist forever, and they're procured by using a unique mark or symbol. Although it's not mandatory, owners have the freedom to get their marks registered for extra protection. 

 

Copyrights apply to motion pictures, music, writings, architecture, or other artistic and intellectual expressions. However, protection isn't guaranteed for ideas and theories or things that haven't been captured within a fixed medium. 

However, the copyright element comes into existence upon creating the art itself. So, even unpolished works are shielded. Although dates and copyright symbols are common, they aren't mandatory. The copyrights of several creators are valid for an entire lifetime (i.e., more than seventy years). 

 

Data Protection Laws in India

Data protection deals with the privacy policies, procedures, and laws that aim to prevent a third party from intruding into a person's privacy. The act usually prevents a person from collecting, disseminating, or storing another person's data. Personal data refers to the data or information related to a person's identity. A person's data can be collected by a private organization, an agency, or the government. 

In India, no law governs data collection, storage, data protection, and data mining procedures. However, few legislations or subordinate legislation can cover the topic. Amongst them, the important laws are followed:

 

·   Copyright act

·   Indian penal code, 1860

·   Indian contract act, 1872

·    Constitution of India

·   Information Technology Act 2000