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Exclusive license means a license signed by or on behalf of a copyright owner, authorising the licensee to the exclusion of all other persons (including the person granting the license) to exercise any right which would otherwise be exercisable exclusively by the copyright owner.

Anton Piller Order is designed to deal with situations created by infringements of patents, trademarks and copyright or more aptly put, with acts of piracy which has become a booming and highly profitable business in this age.

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The obvious person to bring proceedings for infringement of one of the statutory types of intellectual property is the owner at law (or one of them). A person with a purely equitable title (under a trust or a specifically enforceable contract) is permitted to bring a motion of interlocutory relief, but he may not proceed further without joining the legal owner.

For a person to be legal owner of copyright for the purposes of vesting requisite locus to sue, such person must fall into any of the following categories, namely: the author of the work himself, the assginee or the licensee.

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For a defendant in a copyright action to plead innocence of copyright, the defendant must allege and prove that at the time of the infringement of the copyright, he was not aware and had no reasonable grounds for suspecting that copyright subsisted in the work.

Broadly, under intellectual property, the categories or types include Copyright, Trademark, Patents, Industrial Designs, Geographical Indications, and Trade Secrets.

The creator of a copyright work, generally referred to as the “author” of the work owns the intellectual property right, that is, copyright in the work. However, the rights in the work can be transferred to a another person who then becomes the owner of such copyright.

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Copyright is the exclusive right granted by law over literary works; musical works; artistic works; cinematograph works; sound recording; and broadcasts to an author (i.e., an artist, writer, publisher, musician, performer, photographer, architect, film maker, and sculptor) to control the doing of some acts in relation to the works.

In Industrial Design, though the emphasis is on external appearance, but not every external appearance of any article constitutes a design. There must be in some way a special, peculiar, distinctive, significant or striking appearances something which catches the eye and in this sense appeals to the eye.

In Design infringement disputes, it is not enough for the complainant to merely allege similarity of the new design to his design. There must be "in some way a special, peculiar, distinctive, significant or striking appearance" that has been imitated in the latter design of the defendant.

What actually constitutes the design is that particular combination and arrangement of lines which give such features ... This is why it is important that in a case where the newness of such a design is disputed, the design claimed to be new and the old design should be put side by side to enable the court to compare and see whether they are basically the same or there are fundamental differences.

Registration of industrial design confers upon the registered owner the right to preclude any other person from doing any of the following acts: a) Reproducing the design in the manufacture of a product (b) Importing, selling or utilizing for commercial purposes a product reproducing the design (c) Holding such a product for the purpose of selling it or of utilizing it for commercial purposes.

Industrial Designs are applicable to diverse categories and types of products whether industrial or handicraft e.g equipment, instruments, jewellery, house-ware, electrical and electronic appliances, vehicles, architectural structures, textile designs, leisure goods and other luxury items.

An Industrial Design is generally the ornamental or aesthetic aspect of an article or object. The design may consist of three-dimensional features, such as the shape of an article, or two-dimensional features, such as patterns, lines or colour.

An industrial design is any combination of lines or colours or both, and any three-dimensional form, whether or not associated with colours. What actually constitutes the design is that particular combination and arrangement of lines which give such features.

Similarity in design has nothing to do with its novelty or distinctiveness. A claim for an infringement of rights in Design cannot be sustained merely because the infringing product is similar to that of the plaintiff. More is required from the plaintiff bearing in mind the provisions of Section 1 of the Patents and Designs Act.

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.

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A patent is an exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem.