The Paris Convention for the Protection of Industrial Property, a The Berne Convention is a key international copyright agreement

right agreement that

foundational international agreement, is a key framework for protecting ensures authors of literary and artistic works receive protection in countries
intellectual property rights, particularly industrial property like patents, that are signatories to the treaty. Established in 1886, it mandates that
trademarks, and designs. It's the oldest and most extensive signatory countries provide equal treatment to works protected by copyright,
international agreement on industrial property, dating back to 1883. regardless of the author's nationality. The Berne Convention is based on three
The convention ensures that intellectual property rights are recognized core principles: independence of protection, a minimum standard of
and protected in member countries, fostering international trade and protection, and the principle of national treatment. The Berne convention
innovation. The Paris convention was originally signed by sets out to harmonies the way copyright is regulated at an international level
representatives of eleven countries on March 20,1883 and become
effective On March 7, 1884.
WIPO is one of the 16th specialized agencies of the United Nation TRIPS Agreement .The Agreement on Trade-Related Aspects of Intellectual
Organizations .It was established in 1967 at Geneva, Switzerland . The Property Rights (TRIPS) is an international agreement that establishes
WIPO Convention, signed in Stockholm in July 14,1967 and entering into minimum standards for intellectual property rights protection within the
force in 1970, is the foundational document of the World Intellectual World Trade Organization (WTO). It was negotiated during the Uruguay
Property Organization (WIPO). It establishes WIPO as an Round of GATT and entered into force on January 1, 1995. TRIPS aims to
intergovernmental organization and outlines its objectives, including ensure the effective and adequate protection of intellectual property to
promoting intellectual property protection globally. WIPO became a promote innovation and trade in knowledge.
specialized agency of the United Nations in 1974
Copy Right- it is a creation of statue. It is a form of intellectual property. Copy Right Society – The copyright (Amendment) Act 1994, substituted
It is a negative right since such right prevents others form copying or copyright societies. In lieu of Performing Right Societies and extended the
reproducing a work. It is a monopolistic right. Section 13 of th Act scope of its operation. The Copyright Societies are authorized to issue and
envisages certain works in which copyright subsists. Section 14 provides grant licenses not only in respect of performance of the work in public but
for meaning of copyright. IPSO copyright means the right to copy other also in respect of all rights relating to any class of work in which a copyright
reproduce the work in which copyright subsists. It is an exclusive right to subsists during that period.
do or authorize others to do certain acts relation to – The Objects of copyright Societies are to protect and promote the interests of
a. Literary, dramatic or musical work the right owners of the copyright and neighboring rights and the users of the
b. Artistic works , c. Cinematograph films, d. computer copyright work.
programme/software programme. , e. Sound recording.
Abridgement- Section 2 ( a) (iii ) provides that adaptation means in Author’s Special Right/Moral Right- moral rights are rights which protect the
relation to a literary or dramatic work, any abridgement of the work or author’s honor and reputation. An author is said to have the moral right to
any version of the work in which the story or action is conveyed wholly control his/her work. Moral rights protect the personal and reputational,
or mainly by means of pictures in a form suitable for reproduction in a rather than purely monetary value of a work to its creator. An author is said
book, or in newspaper, magazine or similar periodical. to have the moral right to control his work. the concept of moral rights thus
Abridgement is a form of adaptations which can be done only with the relies on the connection between an author and his creation. Moral right
authorization of a copyright owner. Abridgement of a literary work protect the personal and reputational, rather than purely monetary value of a
means the conversion of the work into a dramatic work or any work to its creator.
abridgement of the work.
Invention- as invention is not the same thing as a discovery. One can A Patent is a legal right granted by a government to an inventor, giving them
discover that a known machine can produce better result, but such is exclusive control over their invention for a limited time, usually 20 years. This
not a patentable invention, one has to do something more and must right allows the patent holder to prevent others from making, using, selling, or
make some additions, not only to knowledge but to previously known importing the invention without their permission. Essentially, a patent
inventions and must use his knowledge and ingenuity so as to produce a provides a temporary monopoly on an invention, encouraging innovation and
new and useful things or result. investment.
Invention also includes improvement on invention. To be a patentable According to Section 35 of the patent act 970, the controller may notify a
invention the improvement or condition must produce a new result or a patent application. The patent application may be of a class notified by the
new article or a better or cheaper article than before. Central government as relevant for defense purposes or may be up to the
discretion of the controller.
Trademark is a distinctive sign, symbol, design, or phrase legally Article – the term article has been defined in section 2 ( a) of the Designs Act,
registered to represent a specific brand or business, distinguishing its 2000 as under- Article means any article of manufacture and any substance,
products or services from others. It's a form of intellectual property that artificial or partly artificial and partly natural, and includes any part of an
gives the owner exclusive rights to use that mark in connection with article capable of being made and sold separately.
goods or services. Essentially, a trademark is a brand name or logo that More so features of a shape applied to an article means making the article in
helps consumers identify and trust a product or service. that shape.
Trade mark includes -Shape of goods, Packaging of goods, combination
of colors
Controller - section 2 (b) of the designs act 2000 provides that The Biological Diversity Act, 2002 is an Act by the Parliament of India for the
controller means the controller General of Patents, Designs and Trade preservation of biological diversity in India, and provides the mechanism for
Marks as referred to in section 3. As per section 3 (1) of the Design Act equitable sharing of benefits arising out of the use of traditional biological
2000 the Controller General of Patents, Designs and Trade Marks, resources and knowledge.
appointed under sub section (1) of Section 4 of the Trade and All foreign national require approval from National Bio-diversity authority for
Merchandise Marks Act 158, shall be the controller of Designs for the obtaining Biological resources. (Section 3)
purpose of the Designs Act 2000. Thus the controller General of Indian individuals/entities have to seel approval before transgressing
Patent , designs and trade marks appointed under the Trade Marks Act, knowledge/research and material to foreigner. (Section 4)
1958 is to function as the controller of Design. Guidelines for Government sponsored collaborative research products (sec 5)