IPR OF THE NEW DESIGN AND CAMOUFLAGE PATTERN UNIFORM

  • The process for registration of the new Camouflage Pattern and Design of Improved Combat Uniform to establish ownership of Indian Army has been completed by the Controller General of Patents, Designs and Trademark, Kolkata.
  • The registration has been published in the official journal of the Patent Office vide Issue No on No 42/2022 dated 21 October 2022. The new Digital Pattern Combat Uniform for Indian Army soldiers was unveiled on 15 January 2022 (Army Day).
  • The improved uniform has a contemporary look and functional design. The fabric has been made lighter, stronger, breathable, quick drying and easier to maintain.
  • The uniform’s uniqueness is evident with the inclusion of gender specific modifications for women’s combat uniform.
  • The exclusive ‘Intellectual Property Rights (IPR)’ of the Design and Camouflage Pattern now rests solely with the Indian Army, and therefore manufacturing by any vendor who is not authorised to do so will be illegal and is liable to face legal repercussions.
  • Indian Army can enforce exclusive rights to the design and can file infringement suits by way of a civil action before a competent court of law.
  • Remedies against infringements include interim and permanent injunctions as well as damages.
  • As part of the process of introduction of the new pattern uniform, a total of 50,000 sets have already been procured through Canteen Stores Department (CSD) and delivered to 15 CSD Depots (Delhi, Leh, BD Bari, Srinagar, Udhampur, Andaman & Nicobar, Jabalpur, Masimpur, Narangi, Dimapur, Bagdogra, Lucknow, Ambala, Mumbai and Khadki).
  • Workshops to train civil and military tailors in stitching the new uniform as per the specified design are being organised in coordination with instructors from the National Institute of Fashion Technology (NIFT) at Delhi.
  • Bulk procurement of 11.70 lakh sets to cater for issue to JCOs and OR as part of individual kit (Life Cycle Concept with life of 15 months) is in progress and is likely to commence from August 2023. 

Intellectual Property

Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.

How is intellectual property protected?

IP is protected in law by, for example, patents, copyright and trademarks, which enable people to earn recognition or financial benefit from what they invent or create. By striking the right balance between the interests of innovators and the wider public interest, the IP system aims to foster an environment in which creativity and innovation can flourish.

What is Intellectual Property Right?

Intellectual property right (IPR) is the right given to persons over the creations of their minds: inventions, literary and artistic works, and symbols, names and images used in commerce. They usually give the creator an exclusive right over the use of his/her creation for a certain period of time.

Where is intellectual property outlined?

These rights are outlined in Article 27 of the Universal Declaration of Human Rights, which provides for the right to benefit from the protection of moral and material interests resulting from authorship of scientific, literary or artistic productions.

Where was intellectual property first recognized?

The importance of intellectual property was first recognized in the Paris Convention for the Protection of Industrial Property (1883) and the Berne Convention for the Protection of Literary and Artistic Works (1886). Both treaties are administered by the World Intellectual Property Organization (WIPO).

How are intellectual property rights classified?

Intellectual property rights can be divided into two main sections:

(i) Copyright and rights related to copyright:

The rights of authors of literary and artistic works are protected by copyright. These works are books and other writings, paintings, sculptures. Even computer programs, films and music are included. It is valid for a minimum period of 50 years after the death of the author.

(ii) Industrial property: It can be divided into 2 main sections-

  • Related to signs- trademarks and geographical indications.
  • A trademark is a symbol, phrase, or insignia that is recognizable and represents a product that legally separates it from other products. A trademark is exclusively assigned to a company, meaning the company owns the trademark so that no others may use or copy it. A trademark is often associated with a company’s brand.
  • Geographical Indications (GIs) recognize a good as originating in a place. Some specific characteristics of the good is related to its geographical origin.
  • The protection may last indefinitely. The only point is that the sign-in question should continue to be unique and distinctive.
  • Industrial designs and trade secrets- Some types of industrial property are protected primarily for innovation and design. Also, protection of particular technology should be also included. Inventions (protected by patents), industrial designs and trade secrets are essential examples of this category.

Note: A trade secret is a company’s process or practice that is not public information, which provides an economic benefit or advantage to the company or holder of the trade secret. Trade secrets must be actively protected by the company and are typically the result of a company’s research and development.

What are the essential things to know regarding IPR in India?

India is a member of the World Trade Organization. It is committed to the Agreement on Trade-Related Aspects of Intellectual Property (TRIPS Agreement). India is also a member of the World Intellectual Property Organization (WIPO). WIPO is responsible for the promotion of the protection of intellectual property rights throughout the world.

Some other important treaties or convention that India is a part of-

1) Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure

2) Paris Convention for the Protection of Industrial Property

3) Berne Convention for the Protection of Literary and Artistic Works

What is the national IPR policy?

– The National Intellectual Property Rights (IPR) Policy 2016 was adopted in May 2016 . Its motto is “Creative India; Innovative India”.

– It actually brings all IPRs to a single platform. It sets in place an institutional mechanism for implementation, monitoring, and review. Importantly, it also aims to incorporate and adapt global best practices to the Indian scenario.

– Department of Industrial Policy & Promotion (DIPP), Ministry of Commerce, Government of India, has been appointed as the nodal department to coordinate, guide and oversee the implementation and future development of IPRs in India.

– The ‘Cell for IPR Promotion & Management (CIPAM)’, under the aegis of DIPP, is entrusted for the implementation of the objectives of the National IPR Policy.

Note: IPR regime of India is in compliance with the WTO’s agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).

SOURCE: THE HINDU, THE ECONOMIC TIMES, PIB

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