Context:
Delhi High Court has declared ‘Haldiram’ as well-known trademark.
High Court declared the ‘Haldiram’ as well as the red oval-shaped mark of the brand as a ‘well-known trademark’ in respect of food items, restaurants and eateries in terms of the Trade Marks Act (TMA), 1999.
What is well-known trademark?
- TMA defines well-known trademark as a mark which has become so as to the substantial segment of the public which uses such goods or receives such services that the use of such mark indicates a connection.
What is a trademark?
- A trademark is a distinctive sign or indicator used by a business organisation to distinguish its products or services from those of other entities.
- It serves as a badge of origin exclusively identifying a particular business as a source of goods or services.
- Trademark infringement is the unauthorised usage of a sign that is identical or deceptively similar to a registered trademark.
What are Intellectual Property Rights (IPRs)?
- Rights given to persons over the creation of their minds.
- Provides the creator an exclusive right over the use of his/her creation for a certain period of time.
- Outlined in Article 27 of the Universal Declaration of Human Rights.
- Recognized by –
- Paris Convention for the Protection of Industrial Property (1883) – 1st recognised
- Berne Convention for the Protection of Literary and Artistic Works (1886)
Intellectual Property Rights Policy Management (IPRPM) framework covers following types of IPRs:
| Right Area | Legal provision | Subject | Term of Protection |
| Patent | Patent Act, 1970 & Patent Rules, 2003 amended in 2014, 2016, 2017, 2019, 2020 and 2021. | Must qualify requirements of being novel, Inventive and having industrial utility | 20 years |
| Trademarks | Trademark Act 1999 & Trademark Rules 2017 | Protects brand name, logo, design for a business or commercial enterprise | 10 years; renewed for 10 years on payment of additional fees |
| Designs | Designs Act 2000 & Designs (Amendment) Rules 2021 | New or original designs (ornamental / visual appearance discernible to the human eye) which can be replicated industrially | 10 + 5 years |
| Copyrights | Copyrights Act 1957 & Copyrights Rules 2013 amended in 2021. | Creative, artistic, literary, Musical and audio-visual works | Authors – Lifetime+ 60 years; Producers – 60 years Performers – 50 years |
| Geographical Indications | Geographical Indications Act 1999 & GI Rules 2002 amended in 2020. | Goods bearing unique characteristics due to geographical linkage – agricultural goods, natural goods, manufactured goods, handicrafts and foodstuff | 10 years, Renewed for 10 years on payment of additional fees |
| Semiconductor Integrated Circuits Layout Design | Semiconductor Integrated Circuits Layout Design Act 2000 & Rules 2001 | A layout of transistors and other circuitry elements including lead wires connecting such elements and expressed in any manner in semiconductor integrated circuits. | 10 Years. |
| Trade Secret | Common Law approach covered through IPC, Contract Act, IP Act and Copyright | Confidential information having commercial value | Till the time confidentiality is safeguarded. |
| Plant Varieties | Protection of Plant Varieties and Farmers Rights Act (PPVFRA), 2001 | Traditional varieties and landraces, all developed varieties (non-traditional and non-landrace) in trade/use for older than 1 year and not older than 15 years or 18 years (in case of trees and vines), and new plant varieties. | 6-10 years. |
Source: The Hindu
Previous Year Question
Consider the following statements:
1. According to the Indian Patents Act, a biological process to create a seed can be patented in India.
2. In India, there is no Intellectual Property Appellate Board.
3. Plant varieties are not eligible to be patented in India.
Which of the statements given above is/are correct?
[UPSC Civil Services Exam – 2019 Prelims]
(a) 1 and 3 only
(b) 2 and 3 only
(c) 3 only
(d) 1, 2 and 3
Answer: (c)
Explanation:
Statements 1 and 2 are not correct:
Article 3(J) of the Indian Patent Act, excludes from patentability “plants and animals in whole or in any part thereof other than microorganisms, including seeds, varieties, and species, and essentially biological processes for production or propagation of plants and animals”.
The Intellectual Property Appellate Board (IPAB) was constituted in 2003 by the Government of India to hear and resolve the appeals against the decisions of the registrar under the Indian Trademarks Act, 1999, and the Geographical Indications of Goods (Registration and Protection) Act, 1999.
