Sunday, 14 February 2016

Industrial Property

Industrial property is part of the wider body of law known as intellectual property. Intellectual
property refers to the product emerging out of the intellectual labour of a human being. So, in simple terms intellectual property refers to the creations of the human mind. The importance of intellectual property was first recognized in the Paris Convention for the Protection of Industrial Property in 1883 and the Berne Convention for the protection of Literary and Artistic Works in 1886.
Intellectual property is divided into two branches, namely industrial property and copyright.

Copyright
Copyright includes literary works such as novels, poems and plays, films, musical works, artistic works such as drawings, paintings, photographs and sculptures and architectural designs.

Industrial property
Industrial Property includes patent for inventions, trademarks, industrial designs and geographical indications. The broad application of the term “industrial” is clearly set out in the Paris Convention for the Protection of Industrial Property as “Industrial property shall be understood in the broadest sense and shall apply not only to industry and commerce proper, but likewise to agricultural and extractive Understanding Industrial Property industries and to all manufactured or natural products, for example, wines, grain, tobacco leaf, fruit, cattle, minerals, mineral waters, beer, flowers, and flour.”

Industrial property can usefully be divided into 2 main areas:
The first area can be characterized as the protection of distinctive signs, in particular trademarks (which distinguish the goods or services of one undertaking from those of other undertakings) and geographical indications (which identify a good as originating in a place where a given characteristic of the good is essentially attributable to its geographical origin).

The other types of industrial property are protected primarily to stimulate innovation, design and the creation of technology. In this category fall inventions (protected by patents), industrial designs and trade secrets.


So, industrial property includes inventions (process, products and apparatus); Industrial designs (shapes and ornamentation); and Marks and Trade-names to distinguish goods. Recently the scope of industrial property has been expanded to include 'among others, the protection of distinctive geographical indications, plant varieties, and the layout designs (topographies) of integrated circuits, as well as the repression of unfair competition, including the protection of trade secrets.'

No comments:

Post a Comment