Must Know About Intellectual Property Laws in India

It is not only that your tangible assets can be stolen, your creativity is equally at risk. A person’s creativity may result in an invention or a work of art. The list may include songs, designs or logos being used for trade, publications or any commercial activity. Such products are called intangible assets and Intellectual Property Laws protect a person’s proprietary rights over such assets.

India has been late in waking up to the hazards of intellectual property thefts and infringements. India as a member of the World Trade Organization (WTO) is under obligation to provide minimum standards of protection as stipulated under the Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement. The Government of India approved the National Intellectual Property Rights Policy only in the year 2016 laying the road map for intellectual property protection. In India, intellectual property protection is covered by various laws, namely:

• The Copyright Act, 1957: It protects musical, dramatic ,literary and artistic creations as well as cinema and sound productions. Proprietary software also comes under its ambit
• The Patents Act, 1970: It protects scientific and other inventions.
• The Trade Marks Act, 1999: It protects brand names, logos, any combination of colors and other identifiers which help in distinguishing a brand from other.
• The Designs Act, 2000: This act replacing the old Designs Act, 1911 protects all components of industrial design
• The Geographical Indications Act, 1999: A product which is unique to a particular geographical location enjoys protection under this act. The unique name or any sign associated with the product is called the Geographical Indication (GI).
• The Semiconductor Integrated Circuit Layout Design Act, 2000: It protects the intellectual property rights of a maker’s semiconductor circuit layout design

In addition to these laws, confidential information and trade secrets are protected under common law.

The problem in India does not lie with the laws but in their implementation. Piracy of copyrighted material is rampant. We all have come across instances of copyrighted software usage or have seen cases of exhibition of pirated movies. There is extremely low knowledge about intellectual property rights infringement issues among law enforcement agencies. Most of the time their reaction will be that of surprise that how could a person complain of theft of an intangible asset. The responsibility lies not only with the governments (central & state) but also the people heading law enforcement agencies. Awareness programs about intellectual property can be started to make them aware about the seriousness with which such infringements should be treated.

All this takes place also because of poor awareness about Intellectual Property Laws. It is surprising how not only individuals but also organizations are not conversant with these laws and their infringements. In these times of cut-throat competition, intellectual property rights are not a luxury but a necessity. Big business houses have teams of in-house lawyers but small start-ups also need to get alert and look for required legal assistance.

The biggest deterrent for any individual or start-up while thinking about getting legal help regarding any intellectual property rights issue is the cost. This problem was identified by some investors and they started funding start-ups with the aim of creating good intellectual property portfolios. The government can also take a leaf out of their book and start a programme along these lines for the common man. The idea worth pondering over is that even if hiring a good law firm, well versed in Intellectual Property Laws may mean high costs but the returns may be even higher. Lawyers are trained to read fine print and to spot loopholes in any agreement or documentation. In case of any intellectual property rights abuse issue, they can not only get the legal system to stop it but may also get financial compensation for their clients.   

Endnote

Proprietary rights over one’s creativity is a privilege enjoyed by every citizen. Their breach is a serious offence and one should never hesitate in taking legal help when such rights are abused. Awareness about this issue is rising in our country and there are many intellectual property lawyers in India who can be of help in such cases. Ahlawat & Associates has done a lot of work in increasing awareness about this issue and also worked towards the benefit of individuals and organizations affected by IP theft issues.

5 Tips to Tackle the Property Dispute in Family

People have endeavored trustworthy relationships with their families and relatives to live calm and restful. But arguments and disputes on property and land can make relations tempestuous. Day by day, these disputes in between brothers/sisters and other family members are making a news headline, which creates a bad reputation in the society. Property disputes can acquire issues even when it is being purchased by self or by the parents, and can cause many families to suffer. Hence, dispute resolution needs the maximum attention. Here are some ways how can tackle with family members:

Disputes Over Bequeathed or Inherited Property

The land is automatically moving forward to heirs, apparent or mentioned in a will. It leads to future problems related to the land over the management and ownership of the land. Inheritance could bring along many complications of illegal transfers, possession or even sale by relatives and third parties.

Illegal transfer can happen in any using fake documents or with enactment or impersonation as well as when someone misuses the Power of Attorney.

In such problems, you can take help from other relatives through discourse or consider taking mutual concurrence, and trade or continue the joint possession of the property. If nothing works to resolve the dispute, you can take legal action with the assistance of a property dispute lawyer, who can help you in drawing, selling, negotiating and finalization of the sale and transfer of land.

Problems Over Joint Ownership

Joint ownership or tenancy is kind of a real estate ownership that permits the holders to become heirs, and create it as per requirements. If the joint owner died, the interest will instinctively move to the tenant's heirs. This will sink down the multiple disputes like debt risks, estate planning problems, multiple taxations, and split control etc. Joint Ownership comes in three forms:

1. Right of Survivorship: In this case, from the two owners, if one owner dies, the surviving owner has to show the death record and need to remove the deceased owner's name. Otherwise, they will get nothing.
2. Community Property: In this case, if one spouse dies, with the estate plan supersede state law and community property will be where the spouses want it to go.
3. Tenants in Common: In this case, if two or people are the owner of a property, then each owner hold a percentage of ownership interest in the property. PDL (Property disputes lawyer) helps you to deal with these problems as per laws.

Disputes in Property Division

With the growth of every family member, problems start occurring in routine and family members breakaway and start planning for partition of the land. Those may occur when all the members have the same share in the property. It is also called as Equitable Distribution.

For this issue, those members have to make a mutual agreement and discuss on dispute resolution. If this problem is not managed on your own, you should hire a good, experienced lawyer.

The Dispute Over Purchased Land

In real estate projects, people usually invest to purchase property together that can be shared later on. It creates the matter of discussion in future, and after some time, the matter of dispute over Real Estate Dispute. So, verbal communication does not matter much in such case. Before buying land, it is very critical to ascertain that land is free from any legal dispute, such as Pledged land, Agricultural land, Land notified for Government projects, and claim of legal heirs etc. You should hire the Real Estate lawyer and solve this problem legally.

Take Help of Police If Something Goes Wrong

Family members can get into crime related actions whenever disputes take a serious note. In that awful condition, you must take a legal action and should not keep silence. You should charge a complaint against to the nearest police station. It will assist you to keep calm and stop you further loss of the share of your property. But as per the laws, police can not involve in the property disputes. After the FIR you should hire the expert lawyer and get this problem resolved legally.

Conclusion

Property disputes are more expensive and time-consuming. But it is reliable if you can settle the matter out of the court only if the claimants agree to settle it amicably. But, if nothing goes well, and the problems start taking a different turn, take help of property dispute lawyers.