Blog Details

INTRODUCTION –

Intellectual property (IP) is an intangible property which comes into existence through the human mind and it includes the creations of the mind such as inventions, designs, literary, artistic works, symbols, names, images and much more. The rights which are related to the ownership of intellectual property are called Intellectual Property Rights (IPR). In other words, intellectual property rights are those legal rights that help individuals to protect the creations of the human mind. It involves various legal tools that help in providing the creators exclusive rights to their innovation. 

In this article, the author has discussed the meaning and importance of intellectual property rights, components and kinds of intellectual property rights, some examples in violation of Intellectual Property, other laws relating to Intellectual Property Rights in India, etc.

MEANING & IMPORTANCE OF INTELLECTUAL PROPERTY RIGHTS –

Intellectual Property rights are the legal rights used to govern the intellectual property. The Universal Declaration of Human Rights (UDHR) refers to intellectual property rights under Article 27 which states that “ The author has the right to protect his material interest which is a result of his hard work done towards any scientific, literary or artistic production by him.” 

The purpose of intellectual property rights is to encourage new creation while enabling the world to improve and evolve faster. According to The U.S. Chamber of Commerce’s Global Innovation Policy Center:

• It creates and Supports High-Paying Jobs 

• It drives Economic Growth and Competitiveness

The various other reasons behind granting protection to intellectual property through the enactment of Intellectual Property (IP) laws are:

1. To encourage inventions and creations that promote the social, economic, scientific, and cultural development of society by incentivising the creators and allowing them to make economic gains out of their creations.

2. To provide legal protection to intellectual creations.

3. To prevent third parties from enjoying the fruits of someone else’s creativity.

4. To facilitate fair trading.

5. To promote creativity and its dissemination.

6. Giving recognition to the efforts of creators.

7. Preventing the infringement of proprietary rights of creators in their creations from unauthorised use.

8. To encourage investment of skill, time, finance, and other resources into innovation activities in a manner that is beneficial to society.

COMPONENTS / KINDS OF INTELLECTUAL PROPERTY –

Intellectual Property are majorly of four types –

1. Trade Secret

2. Trademark

3. Copyrights

4. Patents 

Trade secrets – Trade secrets concern secret or proprietary information of commercial value. Such rights on confidential information can be sold or licensed. It is not covered by any specific statutory provisions as other types of Intellectual Property are, although there could be aspects of contract law or employment law that might be considered as relevant as per the particular case. 

Trademarks – A trademark is a sign by which a business identifies its products or services and distinguishes it from those supplied by competitors. It can be a distinctive word, mark or other features. Its purpose is to establish in the mind of the customer a link between all the different products and the services that the company offers and then distinguish it from those supplied by competitors. The main aim of the act is to secure the trademarks of goods and services by providing registration to them. 

Copyrights – The Copyright is a legal term which is used to protect the original work of the creator, for example – computer software, drawings, maps, charts or plans, photographs and films, sculptures etc. The Copyright Act, 1957 is a legislation dealing with copyrights in India and this Act regulates various aspects relating to copyright in India such as Registration of copyright, Publication, term, Assignment, licence, Special rights of broadcasting organisation and performer’s rights, International Copyright etc.

Patent – A patent is a title which provides the owner its right to prevent others from exploiting the invention specified in the patent. The Act provides a comprehensive procedure for filing applications to obtain a patent etc.  

SOME EXAMPLES IN VIOLATION OF INTELLECTUAL PROPERTY–

The significant violations of intellectual property consist of infringement, counterfeiting, misappropriation of trade secrets etc. Violations of intellectual property include:

• Anyone creating a logo or any name which is likely to confuse the consumers thinking they are purchasing the original brand.

• Anyone who records video or music without taking sanction from authority or copying copyrighted materials (yes, even on a photocopier, for private use)

• Making new patent out of copying another person’s patent and also marketing it as a new patent

• Production or manufacture of already patented goods without obtaining a license to do so

OTHER LAWS RELATING TO INTELLECTUAL PROPERTY RIGHTS IN INDIA –

There are two other major acts that were enacted to regulate Intellectual Property Rights in India. They are –

1. The Biological Diversity Act, 2002

2. The protection of Plant Varieties and Farmer’s Right Act, 2001

The Biological Diversity Act, 2002 – The act aims to provide for the preservation of biological diversity, justifiable use of its components, and also equally distributing and sharing the benefits arising out of the use of biological resources and knowledge .

The Protection of Plant Varieties and Farmer’s Right Act, 2001 – The main aim of the act is to provide legal protection to different plant varieties, rights of farmers, and plant breeders and also encourages the growth and evolution of new plant varieties.

CONCLUSION –

In today’s world, the importance of Intellectual Property cannot be disregarded in the world of technological, scientific, and medical innovation. IP is an asset to the owner since it provides a competitive edge. The owners are benefitted at every stage of their business by IP such as in the growth and development, expansion strategy, Research and Development etc. Not alone the owners, but the consumers are well informed about their rights as they can have an informed choice about the quality, safety, and reliability of their purchase. 

REFERENCES:

1. https://blog.ipleaders.in/all-about-intellectual-property-rights-ipr

2. https://stfrancislaw.com/blog/intellectual-property-rights/

3. https://www.inquartik.com/blog/basic-intellectual-property-rights/