It
is an inventm nbnvnor's worst nightmare. After years of toil,
someone else lays claim over your invention! Intellectual Property
Rights ensures that inventors reap the fruits of their hard
work. Preeth Somana of Somana and Company, a leading
advocate with more than twelve years of experience, specialises
in Intellectual Property laws, Family and Consumer law.
She explained the ramifications of Intellectual
Property Rights and its relevance in the Indian context. Intellectual
Property Laws covers patent, copy right, trademark design registration
and trademark rights.
In the backdrop of India becoming a member of the World Trade
Organisation (WTO), Protection of Intellectual Property
Rights (IPR) in the country has become essential. "We
cannot escape the fact that the WTO is here to stay.
It will become a part of every Indian's life," Somana
warns. Besides, Bangalore has become the software capital of
the world. There is a growing need to protect the IPRs of developers
of software, she stresses with foresight.
Somana is a rank holder in Bachelor of Law and a
gold medallist in Bachelor of Arts from Government
Law College and Mount Carmel College respectively. She was also
into creative journalism and has written more than 250 articles,
published in various national newspapers.
What is Intellectual Property?
Any property that is created by the use of a person's intellectual
knowledge. It could cover books, music, software, theatrical
production, a film, a new invention, etc, which can be patented.
For example, there are 105 patents on S-class Mercedes car.
(Patent means a document issued by a government giving
the inventor the exclusive privilege of using a certain process
of, or of making, using, and selling a specific product or device
for a specified period of time.
How relevant is the protection of intellectual property rights
to India? It is relevant to India because it is a member of World
Trade Organisation. There is going to be further liberalisation
of trade in the country, where we need to protect our intellectual
knowledge. India has to conform to the WTO standards.
What laws has the Government passed to protect the individual's
intellectual property?
India is a signatory to Trade Related Aspects of Intellectual
Properties (TRIPS) Act. We have to bring laws to the conformity
of TRIPS Act. TRIPS covers patents, copy rights,
trade marks, industrial design, layouts for integrated circuits,
geographical indications and flavour.
What is the relevance of IPR in the Internet era. Can it
be applied on the web?
With the Internet coming to the country, a lot of piracy is
taking place. When it was first started in America, free service
was the concept of the Internet. Now it is a big business. In
India we were always for the free dissemination of knowledge
since ancient times. But today knowledge is not free here in
India either.
How new is Intellectual Property Rights to India?
Intellectual Property Rights are not new to India. They have
been recognised for several decades and have assumed special
significance with India becoming a member of the WTO
Are there any organisations in Bangalore that protect a person's
intellectual property rights, or which offer redressal of violation
of intellectual property rights?
There are no organisations that protect intellectual property
rights in Bangalore. If anybody wants to protect their intellectual
property rights, they should go to a lawyer specialising in
protection of Intellectual Property Rights.
To which section of society or professionals are these Intellectual
Property Rights most useful?
It cannot be confined to any section of society. It applies
to all people: inventors, professionals, industrialists, traders,
designers, particularly to creative people from all walks of
life.
Which are the international forums/courts to deal with the conflicts
of IPR and patents?
The WTO is itself a final dispute settlement authority.
Any individual or organisation or member country of the WTO
can approach it for settlement of conflicts over intellectual
property rights. The tremendous advantage of the WTO is
that it offers speedy and quick settlement of claims and disputes.
12:41:41 PM 
It
is an inventm nbnvnor's worst nightmare. After years of toil,
someone else lays claim over your invention! Intellectual Property
Rights ensures that inventors reap the fruits of their hard
work. Preeth Somana of Somana and Company, a leading
advocate with more than twelve years of experience, specialises
in Intellectual Property laws, Family and Consumer law.
She explained the ramifications of Intellectual
Property Rights and its relevance in the Indian context. Intellectual
Property Laws covers patent, copy right, trademark design registration
and trademark rights.
