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Article Published in the Express Magazine Dated
January 06, 2002
General Attorney : Rajiv K. Luthra
Is the holder of an intellectual property right
allowed to retain its monopoly for all times to
come?
B.M. Shah, Mumbai
Broadly speaking intellectual property covers
patents, industrial designs, copyright, trade
marks. Intellectual property of whatever species
is in the nature of intangible incorporate
property. Each of these consists of a bundle of
rights with regard to their right to use and grant
licenses. The term for patent grant in India is 14
years except for process relating to food and drug
for which the term is five years from the date of
sealing or seven years from the date of patent
(whichever is shorter). In almost all other
countries at present, the term of patent for all
inventions varies from 16 to 20 years.In the case
of designs, the property consists in the exclusive
right to apply the design registered under the
Design Act, 1911 in relation to the class of goods
for which it is registered for five years and
renewable for two more periods each for five
years. Thus, the copyright on design under the
Design Act is for a maximum period of 15 years.
This right can also be licensed for use by third
parties or assigned to any person. On the expiry
of the term of registration anybody can use the
design.
Copyright subsists in any original work specified
in the Act from the moment of its publication
during the lifetime of the author, plus 60 years
from the beginning of the calendar year next
following the year in which the author dies. Where
the work is the joint authorship, the 60-year
period will start after the death of the author
who dies last. In the case of anonymous or
pseudonymous works the terms of copyright is until
60 years from the beginning of the calendar year
next following the year in which the work was
published.
The registration of a trademark shall be for a
period of seven years, which can be renewed from
time to time by paying the renewal fee. If the
renewal is not done in the prescribed manner and
within the prescribed time, it will be removed
from the register but can be restored if a request
is made to that effect within one year from the
date of expiry of registration or last renewal.
What are the implications for a complainant who
has filed a false FIR?
Surjeet Singh, Delhi
Each case of this kind is normally dealt in its
own light. A person giving false information vide
FIR to an officer-in-charge of a police station
can be prosecuted for offences punishable under
certain sections of the Indian Penal Code, 1860,
if such information is found false. Section 182 of
the Penal Code prescribes a punishment, which may
extend to six months or with fine, which may
extend to a thousand rupees or with both. The
section provides that whoever gives false
information to a public servant which he knows or
believes to be false, intending thereby to cause
or knowing that it will cause the public servant
to do or omit anything which the public servant
ought not have done, had the information been true
or causes the public servant to use his lawful
powers to the injury or annoyance of any person.
Another Section 211 of the Penal Code deals with
offences where a person institutes or causes to be
instituted criminal proceedings against another
with intent to cause injury to any person falsely
charges a person with having committed an offence,
knowing that there is no just or lawful ground for
such proceeding or charge against that person.
Such person maybe punished with imprisonment,
which may extend to two years or with fine or
both. If the criminal proceeding on such false
charge were punishable with death, imprisonment
for life or for a period of seven years or more,
the person making such false charge maybe
punishable with imprisonment for a term which may
extend to seven years, and shall also be liable
for fined.
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