Nature of Intellectual property | বুদ্ধিবৃত্তিক সম্পত্তি [ Intellectual property ]

Nature of Intellectual property: Intellectual property of whatever species is in the nature of intangible incorporates property. In each case, it consists of a bundle of rights in relation to the certain material object created by the owner. In the case of a patent, the property consists of the exclusive right to use the invention patented to grant a license to others to exercise that right or to sell that right to a third person.

Nature of Intellectual property

Nature of Intellectual property | বুদ্ধিবৃত্তিক সম্পত্তি [ Intellectual property ]

Patent rights:

Patent rights are related and governed by the Patent Act. The invention may relate to a new product or an improvement of an existing product or a new process of manufacturing an existing or a new product. The acquisition of this monopoly, rights or their assignment to others is strictly governed by the Patent Act. After the expiry of the term of the patent (Which is 14 years for all products, except in the case of drug and food patents seven-year), it becomes public property when anybody can use the patented invention.

In the case of industrial designs, the property consists of the exclusive right to apply the design registered under the Design Act, in relation to the class of goods for which it is registered for a maximum period of 14 years subject to payment of renewal fees prescribed by the rules. The 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.

In the case of trademark, there are two types of rights- one conferred by registration under the Trade and Merchandise Act and the other acquired in relation to trademark, trade name or get-up by actual use in relation to some product or service.

The rights conferred by registration are confined to the use of the mar4k in relation to the actual goods for which it is registered. The exclusive rights granted by registration enables the proprietor of the reregistered mark to prevent other from not only using the marks as registered but also marks which are dece, very similar to the registered mark i. e. marks that so nearly resemble the registered mark as to like to deceive or cause confusion among the customers of the goods covered by the registration.

In the case of the unregistered trademark, the right to protection of the goodwill continues indefinitely provided the owner of the goodwill uses the mark lawfully and prevents other persons from infringing those rights by appropriate timely action (passing off) in courts of law against the infringement.

Copyright like patents and industrial design in purely a creation of the statute, the Copyright Act as amended from time to time. But therSe is no formality required for the acquisition of the right. Copyright subsists in any original work specified in the Act from the moment of its application during the lifetime of the author plus sixty years. The works specified in the act are

(1) a literary, dramatic and musical or artistic work,

(2) a cinematoragph film and

(3) a sound recording. Literary works include computer programmes and databases. The provisions of the Act govern the licensing and assignment of the copyright in any work.

Others can protect confidential information only so long as the owner is able to keep them secret and takes action against unlawful use of such information by an action for breach of confidence or contact.

The law of patents, designs and trademarks is territorial in its operation. As regards copyright, b virtue of international conventions such as the Bern Convention and the Universal Copyright Convention copyright acquired in one country extends to other countries, which are members of these conventions.

International Character of Intellectual property:

The enormous technological development of transport and communication has resulted in the globalization of tirade and commerce. This has its impact on intellectual property, which is becoming international in character.

Intellectual property can travel effortlessly from one country to another. Piracy of intellectual property has become international in character. This is particularly important in the case of copyright piracy of copyright work has become extremely easy and inexpensive owing to the availability of devices like tape recorders, video, cassette recorders, and magnetic tape. Photocopying machines and so on the perfect method of preventing this piracy has so far been developed.

The international character of intellectual property is recognized in the various international Conventions for the protection of such property. Bangladesh is a member of the Bern Convention and the Universal Copyright Convention. But it is not a member of the International Convention for the protection of Industrial property (Paris Convention) dealing with patents. Designs, utility models, trademarks, trade names and so on.

As technologies in all fields of human activities are developing exponentially the field of intellectual property is also expanding correspondingly. Protection of plant diversity prevention of various forms of unfair competition or misappropriation of goodwill. The reputation of trade values, unfair business practices, unoriginal copying of the details of products, strength of reputed trademarks and their commercial value by using them by competitors in fields of activity different from the owners are becoming more and more difficult piracy of intellectual property has become international owing to growing branches of law today practically all over the world. Broadcasting cable, casting and telecasting rights are some of the new branches of intellectual property.

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