Generating Awareness on Intellectual Property Rights (IPRs) for MSMEs
Q 1 . What is Intellectual Property (IP)?
Ans : Intellectual property (IP) alludes to manifestations of the psyche: developments, abstract and imaginative works, and images, names, pictures, and plans utilized in business.
IP is partitioned into two classifications:
(I) Industrial property, which incorporates innovations (licenses), brand names, modern plans, and geographic signs of source; and Copyright, which incorporates abstract and imaginative works like books, sonnets and plays, films, melodic works, creative works like drawings, canvases, photos and models, and engineering plans.
(ii) Rights identified with copyright remember those of performing specialists for their exhibitions, makers of phonograms in their chronicles, and those of telecasters in their radio and TV programs.
Q 2 . How many kinds of Intellectual Property Rights (IPR) are available?
Ans :IPR incorporates following:
- Industrial Designs
- Geographical Indications
- Trade Secrets
Inventions (licenses), brand names, modern plans, and topographical signs are alluded to as Industrial property.
Q 3 . What is a patent?
Ans : A patent is a restrictive right allowed for an innovation, which is an item or a cycle that gives, by and large, another method of accomplishing something, or offers another specialized answer for an issue. To be patentable, the development should satisfy certain conditions.
Q 4 . What are the advantages of Patents Registration?
- Exclusive Right-permits to utilize and misuse the creation for a long time from date of filling.
- Solid Market position-keep other from industrially utilizing protected development subsequently diminishing rivalry.
- Better yields on speculation Opportunity to permit or sell the development.
- Positive picture of big business
Q 5 . What are the advantages of Copyright enrollment?
- Copyright is the assemblage of law that awards creators, specialists, and other maker’s security for their scholarly and imaginative manifestations, which are alluded to as Works.
- Copyright insurance (other than photos) is for the life of the creator in addition to sixty years after his passing.
Q 6 . What is Trademarks?
Ans : A brand name is a particular sign which distinguishes certain products or administrations as those delivered or given by a particular individual or endeavor.
Q 7 . What are the Benefits of Trademarks Registration?
- Helps buyers distinguish and buy an item or administration since it’s tendency and quality, demonstrated by its one of a kind brand name, addresses their issues.
- Enlistment of its brand name is at first sight verification of its possession giving legal right to the owner.
- Brand name rights might be held in interminability.
- The underlying term of enlistment is for a very long time; from there on it very well might be reestablished every once in a while.
Q 8 . What is Industrial Designs?
Ans : A modern plan is the fancy or tasteful part of an article. The plan may consist of three-dimensional highlights, like the shape or surface of an article, or of two-dimensional highlights, like examples, lines or shading. Modern plans are applied to a wide assortment of results of industry and handiwork: from specialized and clinical instruments to watches, adornments, and other extravagance things; from house products and electrical machines to vehicles and building structures; from material plans to recreation merchandise.
Q 9 . What are the Advantages of Industrial Design Registration?
Ans : Designs can be ensured through enlistment, the goal is to secure new/unique plans so made to be applied or appropriate to specific articles to be produced by modern cycle or means. The underlying term of insurance is for a long time from the date of recording, which can be stretched out for an extra term of five years. By and large, the term of plan insurance is a long time from the date of documenting.
Q 10 . What are Geographical Indications?
Ans : A topographical sign is a sign utilized on merchandise that has a particular geological source and has characteristics, notoriety or qualities that are basically inferable from that spot of beginning. Most normally, a topographical sign incorporates the name of the spot of beginning of the products. Farming items regularly have characteristics that get from their place of creation and are affected by explicit neighborhood factors, like environment and soil. Regardless of whether a sign is perceived as a geological sign involves public law. Geological signs might be utilized for a wide assortment of items, regardless of whether normal, rural or made
Q 11 . What is the time of Geographical Indication Registration?
- India, a GI might be legally ensured either as a certificate brand name under the Trademarks Act, 1999 or as a GI under the GI of Goods (Registration and Protection) Act, 1999.
- The enrollment of GI is substantial for a time of 10 years after which it could be recharged occasionally.
Q 12 . What are the Trade Secrets ?
Ans : Any private business data which gives an undertaking a serious edge might be viewed as a proprietary innovation. Proprietary advantages include fabricating or modern mysteries and business insider facts. The unapproved utilization of such data by people other than the holder is viewed as an out of line practice and an infringement of the proprietary innovation. Contingent upon the overall set of laws, the security of proprietary innovations frames part of the overall idea of assurance against unreasonable rivalry or depends on explicit arrangements or case law on the insurance of secret data.
Q 13 . What are the advantages of Trade Secrets?
- Contrary to licenses, proprietary innovations are ensured without enrollment.
- A proprietary advantage can be ensured for a limitless time frame.
- A considerable component of mystery should exist, so that, besides by the utilization of ill-advised methods, there would be trouble in securing the data
Q 14 . What are the enactments covering IPRs in India?
- Patents: The Patents Act, 1970 as revised in 1999, 2002 and 2005
- Design: The Designs Act, 2000 TradeMark: The Trade Marks Act, 1999
- Copyright: The Copyright Act, 1957 as altered in 1983, 1984 and 1992, 1994, 1999
- Layout Design of Integrated Circuits: The Semiconductor Integrated Circuits Layout Design Act, 2000
- Protection of Undisclosed Information: No elite enactment exists except for the matter would be by and large covered under the Contract Act, 1872
- Geographical Indications: The Geographical Indications of Goods (Registration and Protection) Act, 1999 New Plant Varieties: The Protection of Plant Variety and Farmers’ Rights Act, 2001
Q 15 . Who are answerable for organization of IPRs in the country?
Ans : Patents, plans, brand names and geological signs are regulated by the Controller General of Patents, Designs and Trademarks which is heavily influenced by the Department of Industrial Policy and Promotion, Ministry of Commerce and Industry. Copyright is under the levy of the Ministry of Human Resource Development. The Act on Layout-Design of Integrated Circuits is directed by the Ministry of Telecommunication and Information Technology. Insurance of Plant Varieties and Farmers’ Rights Authority, Ministry of Agriculture regulates the Act on Plant Variety
Q 16 . Regardless of whether there is any plan Under the M/o MSME helping MSMEs for Intellectual Property?
Ans : Yes, O/o DC (MSME) is carrying out a plan “Building Awareness on Intellectual Property Rights (IPR)” for the MSME. The goal of the plan is to improve attention to MSME about Intellectual Property Rights (IPRs), to take measures for ensuring their thoughts and business procedures.
Q 17 . What are the exercises/segments under the IPR Scheme of M/o MSME?
Ans : Under this plan following expansive spaces of mediations are finished by GoI:
- Mindfulness/Sensitisation Programs on IPR.
- Pilot Studies for Designated Clusters/Groups of Industries.
- Intelligent Seminars/Workshops/Exhibition/Conclave/Conference.
- Repayment of Patent/GIs/Trademarks
- Setting up of ‘IP Facilitation Center for MSME’.
- Communication with International Agencies.
Q 18 . What is the repayment sum for Patent/GIs/Trademarks under the plan of the Ministry of MSME?
- Domestic Patent:- Upto Rs. 1.00 Lakh
- Foreign Patent:- Upto Rs. 5.00 Lakh
- GIs:- Upto Rs. 2.00 Lakh
- Trademarks:- Upto Rs. 0.10 Lakh
Q 19 . How to apply for the Patent/GIs/Trademarks Reimbursement?
Ans : It can be applied through online gateway for example www.my.msme.gov.in
Q 20 . Regardless of whether there is any middle to help in advising/drafting and recording the Intellectual Property Rights?
Ans : Ministry of MSME has set up IP Facilitation Center for the previously mentioned reason. They can be reached through service site for example www.dcmsme.gov.in/conspire
Q 21 . Where rules of plan are accessible?
Ans : Detailed rules of plan are accessible at true site of O/o DC (MSME) http://www.dcmsme.gov.in/plans/IPR-Guidelines-CLCS-TUS-2019-2020.pdf
Q 22 . What is the URL for online accommodation of propositions?
Ans : Click here. https://my.msme.gov.in/MyMsme/Reg/COM_IprReim.aspx
Q 23 . What is the execution time of the plan?
Ans : The current plan is substantial till March 2021.