Introduction to IPR (1) (1).pptx

UNIT-1 IPR INTRODUCTION TO IPR INTELLECTUAL PROPERTY RIGHTS (IPR)  WHAT IS INTELLECTUAL PROPERTY INTELLECTUAL PROPERTY (IP) REFERS TO CREATION OF MIND SUCH AS INVENTIONS, LITERARY AND ARTISTIC WORKS, DESIGNS AND SYMBOLS THAT ARE PROTECTED BY LAW  CREATIONS OF THE MIND, ALSO KNOWN AS...

UNIT-1 IPR INTRODUCTION TO IPR INTELLECTUAL PROPERTY RIGHTS (IPR)  WHAT IS INTELLECTUAL PROPERTY INTELLECTUAL PROPERTY (IP) REFERS TO CREATION OF MIND SUCH AS INVENTIONS, LITERARY AND ARTISTIC WORKS, DESIGNS AND SYMBOLS THAT ARE PROTECTED BY LAW  CREATIONS OF THE MIND, ALSO KNOWN AS INTELLECTUAL CREATIONS OR INTELLECTUAL PRODUCTS, ARE THE RESULTS OF HUMAN INTELLECTUAL OR CREATIVE ENDEAVOR. THESE CREATIONS CAN TAKE VARIOUS FORMS AND ARE TYPICALLY PROTECTED UNDER INTELLECTUAL PROPERTY LAWS. HERE ARE SOME EXAMPLES:  Literary Works: This includes novels, poems, essays, articles, and other written works. Artistic Works: This encompasses paintings, drawings, sculptures, photographs, and other visual artworks. Musical Compositions: Original compositions of music, including lyrics and melodies. Dramatic Works: Plays, scripts, screenplays, and choreographic works.  Inventions: New and useful processes, machines, compositions of matter, or improvements thereof, protected by patents. Software: Computer programs and applications, protected by copyright. Designs: Industrial designs that determine the appearance of a product, protected by design rights. Brand Names and Logos: Symbols, names, and logos used to identify and distinguish goods or services, protected by trademarks.  WHAT IS INTELLECTUAL PROPERTY RIGHT INTELLECTUAL PROPERTY RIGHTS (IPR) REFER TO THE LEGAL RIGHTS THAT CREATORS OR OWNERS HAVE OVER THEIR INTELLECTUAL CREATIONS. THESE RIGHTS ARE INTENDED TO PROTECT VARIOUS FORMS OF INTELLECTUAL PROPERTY, SUCH AS INVENTIONS, LITERARY AND ARTISTIC WORKS, DESIGNS, SYMBOLS, NAMES, AND IMAGES USED IN COMMERCE  THE IPR APPLIES TO ALL KINDS OF EXCLUSIVE CREATIONS, INVENTIONS, ARTISTIC WORKS, LOGOS OR NAMES USED IN COMMERCE, ETC. ARTICLE 27 OF THE UNIVERSAL DECLARATION OF HUMAN RIGHTS PROVIDES BENEFITS TO A CREATOR, AUTHOR, OR INVENTOR BY SAFEGUARDING THEIR ARTISTIC, LITERARY, OR SCIENTIFIC CREATION. THE WORLD INTELLECTUAL PROPERTY ORGANIZATION (WIPO) FIRST RECOGNIZED THE MAJOR IMPORTANCE OF IPR DURING THE BERNE CONVENTION FOR THE PROTECTION OF LITERARY AND ARTISTIC WORKS (1886) AND THE PARIS CONVENTION FOR THE PROTECTION OF INDUSTRIAL PROPERTY (1883).  SCOPE OF INTELLECTUAL PROPERTY RIGHTS The scope of intellectual property rights (IPR) encompasses a range of legal protections for creations of the mind. These protections are designed to encourage innovation and creativity by granting creators and inventors certain exclusive rights. The main categories of IPR include patents, copyrights, trademarks, trade secrets, geographical indications, and industrial designs. Here’s an overview of each: 1.Patents Scope: Protects new inventions, including processes, machines, manufactures, compositions of matter, and improvements thereof. Requirements: Novelty, non-obviousness(not easily discovered), and usefulness.  The telephone: Patented by Alexander Graham Bell in 1876 The lightbulb: Patented by Thomas Edison in 1878 The global positioning system (GPS): Patented to Roger Easton in 1974 The programmable computer: Patented by Apple Computers in 1977, invented by Steve Wozniak The vacuum cleaner: Patented by Hubert 2. Copyrights Scope: Protects original works of authorship, such as literature, music, art, films, software, and architectural designs. Requirements: Originality and fixed in a tangible medium of expression. 3. Trademarks Scope: Protects symbols, names, logos, and slogans used to identify goods or services and distinguish them from others. Requirements: Distinctiveness and use in commerce. 4. Trade Secrets Scope: Protects confidential business information that provides a competitive edge, such as formulas, practices, processes, designs, instruments, patterns, or compilations of information. Duration: As long as the information remains secret and provides a competitive advantage. Requirements: Information must be secret, have commercial value, and reasonable steps must be taken to keep it confidential. Trade secrets can be formulas, processes, or other sensitive information that companies use to gain a competitive edge. Here are some real-world examples of trade secrets:  Coca-Cola's secret formula: This recipe is kept in a vault and has never been revealed because it hasn't been patented. Krispy Kreme's secret recipe: Only a few employees know the recipe for this famous doughnut. Google’s Algorithm Google’s algorithm is a famous secret in the technology industry. The search engine giant uses a complex algorithm to rank websites in its search results. The exact mechanisms of the algorithm are closely guarded, but it is believed to use over 200 ranking factors to determine which websites should appear at the top of the search results. Nestle’s Coffee Nestle’s coffee-making process is a closely guarded trade secret that involves a unique blend of beans and roasting techniques. The process has been refined over the years to create the perfect cup of coffee. BMW’s Engine Design BMW’s engine design involves a distinctive combination of engineering, design, and technology to create high- performance engines. Their trade secrets are so coveted in fact, that BMW was the victim of an attempted hacking campaign in 2019. Thankfully, the would-be hackers weren’t able to gather any useful information before being discovered. 5. Geographical Indications (GIs) Scope: Protects names or signs used on products that correspond to a specific geographical location and possess qualities, reputation, or characteristics inherent to that location. Duration: Indefinite, as long as the characteristics tied to the geographic origin are maintained. Requirements: The product must originate from the specific place and have qualities, reputation, or characteristics attributable to that location. 6. Industrial Designs Scope: Protects the ornamental or aesthetic aspects of an article, including its shape, pattern, or color. The design must be new and original.  INTELLECTUAL PROPERTY RIGHTS WHAT ARE THE 7 TYPES OF IPR? THE SEVEN TYPES OF INTELLECTUAL PROPERTY RIGHTS (IPR) INCLUDE PATENTS, TRADEMARKS, COPYRIGHTS, TRADE SECRETS, INDUSTRIAL DESIGNS, GEOGRAPHICAL INDICATIONS, AND PLANT VARIETY RIGHTS. EACH TYPE OF IPR PROVIDES LEGAL PROTECTION FOR DIFFERENT FORMS OF INTELLECTUAL CREATIONS AND INNOVATIONS.  PATENTS A patent is a type of intellectual property right which allows the holder of the right to exclusively make use of and sale an invention when one develops an invention. Invention is a new process, machine, manufacture, composition of matter. It is not an obvious derivation of the prior art (it should involve an inventive step). A person who has got a patent right has an exclusive right. The Types of Patents Patents generally fall into three main categories: 1.Utility Patents: These cover new and useful processes, machines, manufactures, or compositions of matter, or any new and useful improvement thereof. Utility patents are the most common type and provide broad protection for how something works or is used. 2.Design Patents: These protect the ornamental or aesthetic design or appearance of a functional item. Unlike utility patents, which protect functionality, design patents protect the unique visual characteristics of a product. 3.Plant Patents: These are granted for new and distinct varieties of plants that have been asexually reproduced. Plant patents are typically sought by  REQUIREMENTS FOR OBTAINING A PATENT Novelty: The invention must be new and not disclosed to the public before the filing date of the patent application. Non-obviousness: The invention must not be obvious to someone skilled in the relevant field of technology. It should involve an inventive step that is not merely a straightforward improvement on existing knowledge. Utility: The invention must have a practical use and be capable of being made or used in some kind of industry. Disclosure: The inventor must provide a clear and  Duration A patent granted in India is valid for 20 years from the date of filing the application, as long as annual fees are paid. This term was introduced by the Patents (Amendment) Act 2002, and applies to all patents granted after May 20, 2003. Before that, the term was 14 years. After 2o yrs It will become Off Patent Rights and Benefits of Patent Holders Patent holders enjoy several rights and benefits: Exclusive Rights: The right to prevent others from making, using, selling, or importing the patented invention without permission. Monetary Rewards: The ability to license or sell the patent rights to generate revenue and recoup investment in research and development. Market Advantage: A competitive Patent law in India is governed primarily by the Patents Act, 1970, which has undergone significant amendments, most notably in 2005 to align with international standards set by the TRIPS Agreement (Trade- Related Aspects of Intellectual Property Rights). Here’s a detailed overview of the key The Agreement on Trade-Related Aspects of Intellectual Property Rights is an international legal agreement between all the member nations of the World Trade Organization. Definition and Scope: Definition: A patent is a statutory right granted by the government to an inventor for an invention that is new, involves an inventive step, and is capable of industrial application. Patents can be granted for: Product Patents: New inventions related to products or substances.(eg.beverage bottles (think of the shape of the Coca-Cola container) Process Patents: New methods or processes of manufacturing.(food and pharma companies) next 20 yrs tremendous improvement in production of drugs. Exclusions: Indian patent law excludes certain inventions from patentability, Section 3(d) in The Patents Act, 1970 (d) considers as non-patentable “the mere discovery of a new form of a known substance which does not result in the enhancement of the known efficacy of that substance.” (India was the first country to adapt) Novartis case(Glevac) Enforcement and Remedies: Infringement: Patent infringement occurs when someone without authorization makes, uses, sells, or imports a patented invention. Remedies: Patent holders can enforce their rights through civil remedies, including injunctions, damages, and accounts of profits.  COPYRIGHT Definition: Copyright is a form of intellectual property protection granted to the creators of original literary, artistic, dramatic, and musical works, as well as to producers of cinematographic films and Copyright protects original expression of ideas, the ways the works are done; the language used, etc. It applies for all copyrightable works. The Copyright Act 1957 as amended governs the subject of copyright law in India.The Act is applicable from 21 January 1958.The history of copyright law in India can be traced back to its colonial era under the British Empire.The Copyright Act 1957 was the first post-independence copyright legislation in India and the law has been amended six times since 1957.The most recent amendment  Copyright law protects creators of original material from unauthorized duplication or use. For an original work to be protected by copyright laws, it has to be in tangible form. Other forms of protection for property that cannot be copyrighted include trademarks and patents. Qualifying for copyright protection To qualify for copyright protection, a work must be original. An original work is one that is independently created and not copied from the work of another or from materials in the public domain. Originality relates to the form of expression and not to the underlying idea. Some countries also require that the work be fixed in some material form, for example: written on paper, stored on a disk, painted on canvas or recorded on tape. Choreographic works or Scope of Protection: Copyright protects a wide range of works, including: Literary works: Books, articles, computer programs, databases. Artistic works: Paintings, sculptures, photographs, architecture. Dramatic works: Plays, scripts, screenplays. Musical works: Compositions, songs, and accompanying words. Cinematographic films: Audiovisual works recorded on any medium. Sound recordings: Recordings of sounds from Rights Granted: Exclusive Rights: Copyright grants several exclusive rights to the copyright holder, including: Reproduction: The right to reproduce the work in any material form. Communication to the public: The right to communicate the work to the public. Adaptation and translation: The right to make adaptations or translations of the work. Duration of copyright In India, copyright protection for literary, dramatic, musical, and artistic works lasts for the lifetime of the author plus 60 years. If there is joint authorship, it is 60 years from the death of the last surviving author. Copyright Office: Administration: Copyrights in India are administered by the Copyright Office under the Department for Promotion of Industry and Internal Trade (DPIIT), Ministry of Commerce and Industry. Registration: While copyright protection is automatic upon creation of a work, registration with the Enforcement and Remedies: Infringement: Copyright infringement occurs when someone violates the exclusive rights of the copyright holder without authorization. Remedies: Copyright owners can enforce their rights through civil remedies, including injunctions, damages, accounts of profits, and delivery of infringing copies for destruction. In some cases, criminal penalties may also apply. Section 14 :Meaning of Copyright 1[14. Meaning of copyright.-- For the purposes of this Act, copyright means the exclusive right subject to the provisions of this Act, to do or authorise the doing of any of the following acts in respect of a work or any substantial part thereof, namely-- (a) in the case of a literary, dramatic or musical work, not being a computer programme (i) to reproduce the work in any material form including the storing of it in any medium by electronic means; (ii) to issue copies of the work to the public not being copies already in circulation (iii) to perform the work in public, or communicate it to the public (iv) to make any cinematograph film or sound recording in respect of the work (v) to make any translation of the work (vi) to make any adaptation of the work (vii) to do, in relation to a translation or an adaptation of (b) in the case of a computer programme: (i) to do any of the acts specified in clause (a); 2[(ii) to sell or give on commercial rental or offer for sale or for commercial rental any copy of the computer programmer: Provided that such commercial rental does not apply in respect of computer programmes where the programme (c) in the case of an artistic work,-- 3[(i) to reproduce the work in any material form including-- (A) the storing of it in any medium by electronic or other means; or (B) depiction in three-dimensions of a two-dimensional work; or (C) depiction in two-dimensions of a three-dimensional work;] (d) in the case of a cinematograph film,-- 4[(i) to make a copy of the film, including-- (A) a photograph of any image forming part thereof; or (B) storing of it in any medium by electronic or other means;] 5[(ii) to sell or give on commercial rental or offer for sale or for such rental, any copy of the film.] (iii) to communicate the film to the public; (e) in the case of a sound recording,-- 6[including storing of it in any medium by electronic or other means]; 7[(ii) to sell or give on commercial rental or offer for sale or for such rental, any copy of the sound recording;] (iii) to communicate the sound recording to the public. Explanation.--For the purposes of  TRADEMARKS A trademark is a word, symbol, or phrase, used to identify a particular manufacturer or seller's products and distinguish them from the products of another. For example, the trademark "Nike," along with the Nike "swoosh," identify the shoes made by Nike and distinguish them from shoes made by other companies (e.g. Reebok or Adidas). Similarly, the trademark "Coca-Cola" distinguishes the brown- colored soda water of one particular manufacturer from the brown-colored soda of another (e.g. Pepsi).  TYPES OF TRADEMARKS: Word Marks: Names, words, or combinations of words (e.g., "Nike"). Figurative Marks: Logos or designs (e.g., the Nike swoosh). Combined Marks: Combination of words and designs (e.g., Starbucks logo). Three-Dimensional Marks: Shape of goods or their packaging (e.g., the shape of the Coca-Cola bottle). Color Marks: Specific colors associated with a product or service (e.g., Tiffany & Co.'s blue). Sound Marks: Sounds associated with a brand (e.g., the Intel chime). Composite Marks: These combine both word and device marks, featuring a name along with a logo. Device Marks: These are logos or symbols that represent a brand visually. The Android symbol, Apple Logo Service Marks: Similar to trademarks, but specifically for services rather than goods. Facebook Certification Marks: Used to certify that goods/services meet certain standards.  FUNCTIONS OF TRADEMARKS: Identification: Helps consumers identify the source of a product or service. Quality Assurance: Signifies a certain level of quality and reliability. Advertising Tool: Helps in marketing and brand recognition. Legal Protection: Provides the trademark owner with exclusive rights to use the mark and prevent unauthorized use. Law on trademarks in India Before 1940 there was no law on trademarks in India. A number of problems of infringement of registered and unregistered trademark arose which were resolved under Section 54 of the Specific Relief Act, 1877 and registration was adjudicated under the Indian Registration Act,1908. To overcome these difficulties, the Indian Trademark law was enforced in 1940. After the enforcement of the trademark law, demand for The Trademark law was replaced with the Trademark and Merchandise Act, 1958. It provides better protection of trademark and prevents misuse or fraudulent use of marks on merchandise. The Act provides registration of the trademark so that the owner of the trademark may get a legal right for its This previous Act got replaced with the Trademark Act, 1999 by the government of India by complying it with TRIPS (Trade-related aspects of intellectual property rights) obligation recommended by the World Trade Organization. The aim of the Trademark Act is to grant protection to the users of trademark and direct the conditions on the property and also provide legal remedies for the implementation of trademark rights. The Trademark Act, 1999 gives the right to the police to arrest in cases of infringement of the trademark. The Act gives a complete definition for the term infringement which is frequently used. In Trademark Act, it provides punishments and penalties for the offenders. It Trademark rules With effect from 6 March 2017,the new trademark rules came into existence. The intention is to simplify the whole trademark registration process and make it hassle-free and quick. Some of the features of the new rules are sound marks are made registrable; 3D marks are made registrable; e-filing is promoted; provisions pertaining to the well- known mark; separate fees structure for an individual/startup/small enterprise and others; expedited processing of application and the number of forms has been cut down to 8 from  TRADE SECRETS Trade secrets are a type of intellectual property that encompass confidential business information which provides a company with a competitive edge. Unlike other forms of intellectual property, such as patents, trade secrets are not publicly disclosed and do not require registration. The protection of trade secrets is primarily through laws and contractual agreements rather than formal registration processes. Protection of Trade Secrets: Non-disclosure Agreements (NDAs): Contracts that prevent parties from disclosing confidential information. Non-compete Clauses: Agreements preventing employees from working with competitors for a certain period. Security Measures: Physical and digital security measures to  WHAT IS A TRADE SECRET? TRADE SECRETS ARE INTELLECTUAL PROPERTY (IP) RIGHTS ON CONFIDENTIAL INFORMATION WHICH MAY BE SOLD OR LICENSED. What qualifies as a trade secret? In general, to qualify as a trade secret, the information must be: commercially valuable because it is secret, be known only to a limited group of persons, and be subject to reasonable steps taken by the rightful holder of the information to keep it secret, including the use of confidentiality agreements for business partners and employees. The unauthorized acquisition, use or disclosure What kind of information is protected by trade secrets? In general, any confidential business information which provides an enterprise a competitive edge and is unknown to others may be protected as a trade secret. Trade secrets encompass both technical information, such as information concerning manufacturing processes, pharmaceutical test data, designs and drawings of computer programs, and commercial information, such as distribution methods, list of suppliers and clients, and advertising strategies. A trade secret may be also made up of a combination of elements, each of which by itself is in the public domain, but where the combination, which is kept secret, provides While a final determination of whether trade secret protection is violated or not depends on the circumstances of each individual case, in general, unfair practices in respect of secret information include industrial or commercial espionage, breach of contract and breach of confidence. A trade secret owner, however, cannot stop others from using the same technical or commercial information, if they acquired or developed such information independently by themselves through their own R&D, reverse engineering or marketing analysis, etc. Since trade secrets are not made public, unlike patents, they do not provide “defensive” protection, as being prior art. For example, if a specific process of producing Compound X has been protected by a trade secret, someone else can obtain a patent or a utility model on the same Non-disclosure agreement (NDA): employees and business partners should sign a non-disclosure agreement that prevent them from disclosing a company’s confidential information. Non-compete agreement (NCA): employers should ask employees, contractors and consultants to sign a non-compete agreement to prevent them from entering in competition when their employment/service agreement ends.  GEOGRAPHIC INDICATION Geographical Indication (GI) is a type of intellectual property right that identifies a product as originating from a specific place, where a given quality, reputation, or other characteristic of the product is essentially attributable to its geographic origin. Examples include Darjeeling tea from India, and To protect a GI, producers must apply to the relevant authority in their country, and they often need to provide evidence that the product has specific qualities linked to its geographical origin. A geographical indication right enables those who have the right to use the indication to prevent its use by a third party whose product does not conform to the applicable standards. For example, in the jurisdictions in which the Darjeeling geographical indication is protected, producers of Darjeeling tea can exclude use of the term “Darjeeling” for tea not grown in their tea gardens or not produced according to the standards set out in the code of Article 22 of the TRIPS Agreements defines a geographical indication as a sign that is used on goods that have a specific geographical origin and which possess qualities, reputation or characteristics that are essentially attributable to that particular geographical place of origin. As a result, India was implemented act in 1999 when the TRIPS Agreement was incorporated as a member state of the Sui-Genis law for the protection of 1)By specific laws governing the geographical Indication of goods in the country, which can adequately protect the interests of the producers of such goods, 2)To exclude unauthorized persons from misuse of geographical signals protect consumers from fraud, and 3)Promoting Indian geographical bearing goods in the export market. Geographical Indication in India In India, Section 2 (1)(g) of the Geographical Indication of Goods (Registration and Protection) Act 1999, designs geographical indication in relation to goods to mean and identification which identifies such goods as agriculture goods, natural goods or manufactured goods as originating or manufactured in the territory of a country or a region or locality in that territory where a given quality reputation or other characteristics of such goods is essentially attributable to its geographical origin and in the case where such goods are manufactured For the purpose of this provision, any name that is not the name of a country, region or locality of that country shall also be considered a geographical indication if it relates to a specific geographical area and is used upon or in relation to a particular goods originating from  Functions of geographical indications Geographical indications, being a form of intellectual property protection that is used to identify and promote products that originate from a specific geographical region, perform a range of economic and other functions that usually depend upon how the producer is using the geographical indications in consonance with the consumer’s view It provides for legal protection Geographical indications are legally recognised and protected under various national and international laws as well as agreements such as World Trade Organisation agreements on trade-related aspects of intellectual property rights. Protection shows that the use of geographical indications is controlled and monitored, as they are essential for protecting the identity, quality and Geographical indication as an indicator of origin Geographical indications serve as an identification of the product’s origin or have some other connection to it. Terroir refers to the entirety of the local environment, encompassing terrain, soil composition, weather patterns, and expertise, which geographical indications refer to when Geographical indication acts as a producer’s device Geographical indications contribute to the preservation of product originality and quality. Uniform product quality is ensured by producers operating within the designated geographical area who frequently adhere to traditional or particular production processes and It provides information to consumers Geographical indications guarantee that items live up to expectations by suggesting attributes they possess or that consumers connect with them. The relevance of a geographical indicator is in the way the customer associates the It helps in preventing misuse Geographical indications guard against the unapproved use of a product’s name, stopping third parties from falsely promoting goods as being from the same place of origin. This keeps customers from becoming confused and safeguards the original product’s reputation. It protects local cultures and traditions Geographical indications contribute to the preservation of culture by preserving traditional production techniques, consumption patterns, and cultural identity. The protection of geographical indications begins with this function. Protection of geographical indications and related rules may only be warranted if the indicators truly serve their intended purposes. It is appropriate to use geographic indicators to preserve regional customs, national culture, and cultural variety. This is due to the fact that geographical markers, rather than encouraging It promotes rural development as well as sustainability Products with a geographic indication have a significant impact on producers in developing nations. The fact that these traditional goods and activities are tied to social structures is one of their salient features. For their food, security, and health, many people in underdeveloped nations rely on these traditional practices. For the impoverished in many It provides a competitive advantage Products with geographical indications eventually enjoy a competitive advantage in the market because they are associated with a particular region’s quality, heritage and unique characteristics.  INDUSTRIAL DESIGN What is industrial design Industrial designs are those designs that give ornamental or aesthetic value to a product, which is then manufactured industrially. An industrial design may consist of three- dimensional (3D) features such as the shape of a bottle or vase used in various industries or two- dimensional (2D) features such as patterns for textiles and wallpaper that serve the purpose of decoration. Origin of industrial designs In the mid-1800s, when large-scale production of goods was becoming more common, Peter Behrens, a German architect and designer, became the architect advisor for Allgemeine Elektricitäts Gesellschaft (AEG), a German electrical company, in 1907. He not only designed the architecture of the Company’s factories and industrial buildings but also other products such as fans, tea kettles, and other household items. Due to this, he is considered a pioneer in the field of industrial design. With this, industrial designs began and today, design registrations are heavily created and registered in different sectors such as clothing, health, food and beverages.  Laws relating to industrial designs in India The need to protect industrial designs was first felt in the 19th century and at that time, the Act No. XV of 1859 was consolidated to provide protection relating to designs. It was then renamed as “The Patterns and Designs Protection Act”. The Patterns and Designs Protection Act, 1872 was enacted to provide protection as well as to grant exclusive rights, such as making, using and selling designs associated with the product, for a short period of time. This Act augmented the Act of 1859, which the Governor General of India passed in order to protect industrial designs and grant privileges to inventors. This Act was replaced by the Inventions and Designs Act, 1888, which consolidated and amended the law relating to the protection of the designs of inventors in a separate part of the Act. After this, the Act of 1888 was replaced by the British Patent and Designs Act, 1907 which forms the basis of the current patent law and new design law in India. Thereafter, a need for two separate laws was felt, as patents and designs were two different intellectual property rights associated with any product. Thus, two separate laws were enacted, namely, the Designs Act , 1911 and The Patents Act, 1970. Most recently, the Designs Act, 2000 replaced the Designs Act,1911, with the objective of protecting designs in India as well as bringing the Indian design law at par with international law, which was lacking in the 1911 Act. In all, the Designs Act, 2000 consists of about 11 chapters and 48 sections. The Controller-General of patents, designs and trademarks under Section 4(1) of the Trade and Merchandise Marks Act, 1958 (43 of 1958) is the Controller of Designs authority for registration of designs Essential features of the Designs Act, 2000 The Designs Act, 2000 is an enactment to consolidate and amend the law relating to the protection of designs in India. Its main objective is to protect new or original designs from being copied, thereby protecting the proprietor from incurring losses. Following is the list of unique features introduced in the Designs Act, 2000: 1.Adoption of Locarno Classification Under the Designs Act 2000, India adopted the Locarno Classification system. Unlike the previous provisions that classified designs based on materials used, the Locarno Classification categorises designs solely based on their subject matter. This shift simplifies the design registration process and ensures a more efficient classification system. 2.Introduction of ‘absolute novelty’ A significant feature of the Designs Act, 2000 is the introduction of the concept of ‘absolute novelty.’ This provision (Section 4) allows the assessment of novelty based on the prior publication of any article, not only within India but also in other countries. Designers can protect their creations from imitation or unauthorised use, even if they have been disclosed in other jurisdictions. 3.Restoration of designs The Act includes a provision for restoration of design that was not present in the previous enactment. This provision benefits designers who may have unintentionally missed the opportunity to register their designs. Now, they have the opportunity to restore the registration and enjoy the associated rights and protections under Section 12 of the Designs Act, 2000. 4.Transfer of cases to high courts The Act empowers district courts to transfer cases to high courts, under Section 22(4) of the Designs Act, 2000, when the validity of a design registration is challenged. This provision ensures that such disputes are resolved in the appropriate judicial forum, streamlining the legal process and facilitating the resolution of disputes efficiently. Delegation of powers and duties of examiners The Designs Act, 2000 includes the delegation of powers of the Controller of Designs to other examiners under Section 3(2) of the Designs Act, 2000. These provisions promote transparency, accountability and efficiency within the design registration process, ensuring an effective design registration system. IMPORTANCE OF IPR IN TECHNOLOGY AND INNOVATION Intellectual property rights (IPR) have played a crucial role in the growth of technology in India. IPR provides incentives to individuals and companies to invest their time, resources, and expertise in developing new technologies, in turn, encouraging more people to invest in research and development, leading to further technological advancements.  By providing legal protection, IPR fosters a culture of innovation, leading to continuous growth in various sectors such as health care, information technology, and renewable energy, and this technology transfer leads to collaboration between two entities. International companies invest in countries whose IPR laws are well-defined, which will attract FDI, leading to knowledge sharing, the transfer of technology, job creation and the promotion of economic growth in both countries.  IPR laws discourage any infringement, violation of rights or counterfeiting of technological innovations; by safeguarding the technology, IPR protects healthy competition among technology companies. Moreover, IPR protection has even encouraged new startups and their innovative ideas and small and medium enterprises (SMEs) to invest in the technology sector, and gain a competitive edge in the market.  And the establishment of the technology parks and technology transfer offices at the universities had made it easy to provide filing, transferring and licensing of the IP. The Ministry of Electronics and Information Technology has taken many initiatives to create awareness about IPR and facilitate support to promote innovation in the information technology sector.  To create awareness and grow IPR, Meity’s initiative, the Centre of Excellence (CoE-IP) in Intellectual Property, was established under TIDE 2.0 scheme and run by Centre for Development of Advanced Computing (CDAC) in Pune. It has provided financial support to startups and SMEs for international patent filing, providing protection, and providing value added services. The CoE-IP initiative encouraged the growth of IP in information and communication technology by creating a framework to identify, protect, and monetize intellectual property rights and provide IPR assistance to MeitY supported R&D projects.  MeitY another scheme Support for International Patent Protection i n E&IT-II (SIP-EIT-II) provides support to MSMEs and startups that are trying to secure intellectual property rights on a global level by providing financial support to MSMEs and tech startups and establishing competitive advantage. This scheme was for a period of 5 years to support 200 international information and technology patent applications. The Patent Analysis Management System was initiated by the CoE-IP as a single window interface that provides prior art search, invention analysis, IPR queries, landscape reports, and latest updates on IPR awareness programmes.  To promote IPR protection in the software industry, the Indian government has implemented policies that have encouraged companies to invest in research and development. The Indian Patent Act of 1970 allowed Indian companies to manufacture generic versions of patented drugs. This led to the tremendous growth of the Indian pharmaceutical industry, which became the largest producer of generic drugs in the world. THE ROLE OF INTELLECTUAL PROPERTY IN PROMOTING INNOVATION AND CREATIVITY Intellectual property serves as a catalyst for innovation and creativity by providing a framework in which creators can receive recognition and rewards for their efforts. It encourages inventors, artists, and entrepreneurs to push boundaries, take risks, and share their ideas with the world. By granting exclusive rights to creators, intellectual property laws incentivize investment in research and development, as well as the creation of new artistic works. This, in turn, stimulates innovation Intellectual property rights enable creators to monetize their creations, ensuring that they can earn a living from their work. This financial incentive encourages individuals to dedicate their time, energy, and resources to furthering their creative