eChapter Name: INTELLECTUAL PROPERTY RIGHTS - RELATED ISSUES IN HYBRID TECHNOLOGY
9789389992694
eBook Name: HETEROSIS BREEDING IN VEGETABLE CROPS
by Nagendra Rai, Mathura Rai
Definition and History
The dictionary meaning of property is ‘estate whether in lands, goods or money’; such property is often referred to as tangible, material or physical property. The laws of the land protect the ownership of and the associated rights to physical property. In contrast, “intellectual property is an idea, a design, an invention, a manuscript, etc. which can ultimately give rise to a useful product/ application. The development of such property, as a rule, requires intellectual inputs, ingenuity and innovativeness; it also demands considerable monetary and other resources. Therefore, inventor of an intellectual property would like to ensure at least a fair reward for copied, imitated or reproduced; this minimizes the returns to the original inventor. Intellectual property right recognizes the right of an inventor to derive economic benefits from his invention (i.e. intellectual property); this right is called intellectual property right (IPR), (Singh, 2002). The governments, however, recognize the IPR, only so long as it is not to the detriment of the society. In India, innovation and novel techniques were retained within the families / small social groups that developed them, and there was no other system of protecting their rights to the knowledge so generated. The brief history of intellectual property right in India is:
In 1856, the British Government in India introduced the Act of Protection of Inventions. This act was based on the British Patent Law of 1852.
In 1872, Patents and Designs Protection Act was passed.
In 1883, the Protection of Inventions Act was introduced. It was consolidated as Inventions and Designs Act in 1888.
On 15 August 1947, the Indian patents and designs came under the management of Controller of Patents and Designs.
The Indian Patent Act (1970) was introduced in the parliament in 1965, was modified in 1967 and passed in 1970.
Protection of designs is covered by the Indian Patent and Design Act (1911) with amendments in 1978 and amended rules in 1985.
Trademark protection is in force since 1 June 1948 under the 1940 Act. This act was amended as Indian Trade and Merchandise Marks Act (1958), which became effective on 25 November 1959.
The copyright laws in India are as per international standards.