People are entitled to intellectual property rights in order to safeguard their original ideas and works. They usually grant the creator a length of time during which no one else can profit from using the work.
Specifically, Article 27 of the Universal Declaration of Human Rights guarantees the author’s right to the legal protection of any and all moral and material interests he or she may have in his or her scientific, literary, or creative works.
Paris Convention for the Protection of Industrial Property (1883) and the Berne Convention for the Protection of Literary and Artistic Works (1913) were the first international agreements to recognise the value of intellectual property (1886). The World Intellectual Property Organization (WIPO) oversees both treaties (WIPO).
The meaning of "Intellectual Property"
The term “intellectual property” (IP) is commonly used to describe the products of the human mind, including but not limited to innovations, literary and creative works, designs, symbols, names, and pictures employed in business.
Laws such as patents, copyright, and trademarks safeguard intellectual property and allow their creators to profit from their hard work. The goal of the IP system is to create a climate in which creativity and innovation can thrive by balancing the needs of innovators with those of the public at large.
Different types of intellectual property rights include:
The term “copyright” refers to the legal protections afforded to authors and other creators of works of literature and the arts. Books, songs, paintings, sculptures, movies, apps, databases, ads, maps, and technical drawings are all examples of copyright protected works.
To protect an invention, a patent may be issued. The owner of a patent has the exclusive right to regulate the public’s use of the patented invention. In exchange for this privilege, the patent holder makes the technical details of the innovation described in the patent document available to the public.
The following cannot be patented:
- Frivolous Invention: Invention that harms public order/Morality/ health of animals, plants & humans
- Methods of agriculture or horticulture
- Traditional Knowledge
- Computer Program
- Inventions related to Atomic Energy
- Plants & Animals
- Mere discovery of the scientific principle
A trademark is any distinctive indication used to identify the source of goods or services. Trademarks have been around since ancient times, when artists would sign their work with a mark.
The industrial design is the part of a product that is responsible for its visual appeal. Both three-dimensional and two-dimensional elements, such as an object’s shape or surface, and linear and chromatic elements can make up a design. Two broad categories help clarify the nature of industrial property:
The protection of distinguishing signs, such as trademarks (which identify the source of goods or services) and geographical indicators, is one example of this (which identify a good as originating in a place where a given characteristic of the good is essentially attributable to its geographical origin).
- The purpose of consumer protection through the promotion of fair competition and the preservation of unique indicators is to safeguard consumers by allowing them to make educated decisions about the products and services available to them. As long as the sign in question remains distinct, it may be protected indefinitely.
The primary reason for protecting other forms of industrial property is to encourage the development of new ideas, products, and technologies. These include patentable innovations, industrial designs, and confidential business information.
- The public goal is to secure the returns on investments made in the creation of cutting-edge technologies, providing the impetus and resources for furthering the field of study.
- Foreign direct investment, joint ventures, and licencing are all mechanisms via which technology can be transferred, and they can only succeed if protected by a strong intellectual property law.
- The protection is usually given for a finite term (typically 20 years in the case of patents).
The terms “geographical indication” and “appellation of origin” refer to labels placed on products that can trace their roots back to a specific region and boast unique attributes that can be directly linked to that region. The name of the country or region where the product was first produced is usually part of a geographical indicator.
A trade secret is a type of intellectual property that protects proprietary knowledge from disclosure. An unfair business practise and a breach of trade secret protection is the unlawful acquisition, use, or disclosure of protected knowledge in a manner inconsistent with fair trade practises by others.
India and Intellectual Property Rights
Acts Dealing with Intellectual Property Rights in India:
- The Copyright Act, 1957
- The Patents Act, 1970
- The Trade Marks Act, 1999
- The Geographical Indications of Goods (Registration and Protection) Act, 1999
To chart the course of IPRs in India’s future, the government enacted the National IPR Policy as a vision document.
- The Ministry of Commerce’s Department of Industrial Policy and Promotion (DIPP) is in charge of coordinating, guiding, and supervising the development and execution of intellectual property rights (IPRs) in India.
The Department of Industrial Property Promotion and Protection (DIPP) has established a “Cell for IPR Promotion & Management” (CIPAM) as the focal point for carrying out the policy’s goals.
Advantages of Intellectual Property Rights
- Safeguards creators rights
- Promotes innovation and creativity
- Facilitates ease of doing business
- Enhances economic value
- Expands the export regime
The next generation has to be educated about IP rights from an early age since they are fundamental to innovation and creativity.
In order for India to reap the benefits of a robust IP system on a global scale, the current problems with IPR rules must be fixed.
Having their intellectual property rights protected will benefit India’s “Make in India” and “Atmanirbhar” initiatives.