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Ramesh Chandra Tiwari (Service)     29 May 2009

Intellectual Property Right

Dear All,
Need clarification - There are lots of international buyers who are buying handicrafts and other items from India. They come across these products thru Trade Fairs / Market Survey in India. After selecting these items they give item reference and exporter details to agencies, who work for them on commission basis and does the entire follow up from exporters on Buyers behalf. Sometime, Merchandisers hire by these agencies take these buyers to places where they can get items as per their requirements.
I would like to know in this kind of trading business the item sold is whose proprietory / intellectual property is it buyer who buys it OR exports who makes it for buyer OR agency who works as does the entire follow up for particular transaction OR merchandiser who actually sell the products thru his/her salesmanship/creativity/innovativeness/convincing power
Invoice is raised by exporters, Payment is done by TT by Buyer and after satisfactory completion of job agency gets their commission.
Pleaes guide

RCT


Learning

 2 Replies

Iftikhar Ahsan (Indian Patent Agent)     29 May 2009

Dear Gentlemen,

 
  • Buyer
  • Agency
  • Merchandisers
  • Exporter
 
Handicraft work is actually done by skilled workers across small industries in India.
 
Mostly handicrafts are like carpets, scarf, paper cotton items etc. These kinds of work should come under copyright protection, geographical indication or as an industrial design, subject to further analysis of the item.
 
I believe that the person who is manufacturing (exporter) and the person who is putting efforts to bring new design in handcrafts would own the intellectual property rights. 
 
In another case, if several persons are equally contributing to the innovation of new handicraft design, doesn’t matter whether a buyer, agency, merchandiser, exporter or a skilled worker, all would own the copyright in such innovative work.
 
Please note that Intellectual Property Rights are subject to proper protection by the owner in different form of protection available under WIPO and the respective governments of the country. Otherwise anybody is free to enjoy such rights under the law.
 
Regards,
 
Iftikhar Ahsan    
 
1 Like

Swami Sadashiva Brahmendra Sar (Nil)     29 May 2009

Mr. iftikhar is right

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