Author: Shatakshi Dixit New Law College, BVDU, Pune
Student Editor: Diksha Bhasin New Law College, BVDU, Pune
ABSTRACT– Intellectual Property Rights abbreviated as IPR includes various inventions, creations, artistic work and new ideas which are given the status of property if the people using it feel that the same should be given. Intellectual Property Rights grants the owners, creators, inventors, etc the right to use their work, to authorize it to others, to earn reputation out of it, to get commercial benefits, etc. There are several types of Intellectual Property Rights; some of them are Patents, Trademarks, Geographical Indications, Copyright, etc. In this article we are going to discuss the fundamentals about IPR and its types.
KEY WORDS – Creator, Intellectual Property, Intellectual Property Rights, Patent, Copyright, Trademark, Geographical Indications.
Intellectual property means creating some original work with the help of one’s own mind. The work created is intangible in nature and is made out of intellect of the creator. It includes inventions, logos, artistic work, literary work, name of the brands, etc. Moreover if any drug dealer found a new way of producing or creating that drug then it becomes his intellectual property. An author of a book can claim the book to be his intellectual property; similar is the case with the lyricist of a particular song.
INTELLECTUAL PROPERTY RIGHTS AND ORIGIN-
The term ‘property’ in itself states that it belongs to a particular person and if the intellectual property belongs to any person like any other property, then the owner of intellectual property should also be given rights similar to the owner of tangible properties. The owners of intellectual property are given the right that if any other person claims owner’s property as their own then legal action can be taken against those people. These rights are termed as “Intellectual Property Rights”. Intellectual Property Rights originated back in 1833 at the Paris Convention and it was also recognized in 1866 at the Berne Convention. These rights provide the title of ownership to the maker, inventor or creator, which enables them to deduce benefit from their intellectual work. These rights not only protect the materialistic benefit of the creators but also guard their moral aspect.
NEED FOR PROMOTION OF INTELLECTUAL PROPERTY RIGHTS-
There are various reasons which compel us to promote Intellectual Property Rights and also protect them. These include the invention of new ideas and creation of new things which led to the development of the community of Homo sapiens as a whole. Moreover, protection and authentication of cultural and intellectual work encourages and invites people to do more of such work. This in turn leads to generation of more employment which directly affects our economic growth in positive sense, which in turn enhances the standard of living of the people as a whole. This provides an atmosphere where people could flourish their ideas and inventions and benefit the society in all.
WHAT IS PATENT?
Patent, if defined briefly, is a type of intellectual property rights which is given exclusively to the owner or the creator, either for inventing a new product or for discovering a unique and “never known before” method of producing the already existing product. This power granted to the owner is enforceable in the courts. The tenure for the validity of a patent issued is 20 years. People can also patent any new solution to a problem, provided that the solution should be technical in nature.
NECESSITY OF PATENTS-
Patents make it possible to recognize the owner of the product in the market and provide them with necessary incentives which they deserve. These rewards or incentives encourage them to come up with more ideas and inventions, as this would enhance the standard of living of the people and contribute in the development of the society as a whole.
PROTECTION OFFERED FOR PATENTED PRODUCTS-
If a creation is patented then it cannot be commercialized or used or distributed until and unless the owner himself has given the right to use his creation. If the owner finds that his creation is being used without his permission then he can even sue the person infringing his patent in the Court of law.
PROCEDURE OF GRANTING A PATENT-
To get a patent, one has to start with filing an application for the grant of patent. The application contains many things, first and foremost being the name or title which is given to the invention. The application should also include minute details of the invention along with its background. The application should be vivid and the language should be such that it could be comprehended by the normal expert of that particular field. The application may also consist of various diagrams, structures or blue prints of the invention, which would help in making the idea clearer to the patent provider. The owner should also clearly mention in the application, the tenure for which the patent is asked to be provided.
WHAT IS A TRADEMARK?
Trademark owes its origin to the times when people used to leave their signatures and marks over their artistic works. Trademark is nothing, but a sign which defines a good or service from a particular company or an individual or group of individuals having a brand name.
Trademark helps the consumers to identify the products from the particular producers with the help of signs or logos. This helps them meet their specification related to a particular brand and thus, satisfy their needs.
PROTECTION OFFERED BY TRADEMARKS–
Trademark provides the right to the owners to authorize the products and services produced by them with a particular sign or mark or symbol to ensure worldwide recognition and to delegate such right to others, and charge them with the amount of money decided by the owner. This right of protection is subject to question in court, if infringed. The period of protection of such right is variable but once the period ends, it can be renewed by paying the defined amount by the authorities.
PROCEDURE OF REGISTERING TADEMARK–
For registration of a trademark one has to file an application in the respective authorized office. The application must consist of a vivid picture of the mark, symbol, logo, etc, which is to be used as a trademark. The application should also include all the colors used, the type of font, any modification or other dimensional figure, if used.
WHAT IS A GEOGRAPHICAL INDICATION?
Geographical indication is a mark that belongs to a specific geographic region. It obtains its properties due to the place where it is originated from. This mark or sign of geographical indication is used on various goods which are specifically produced in a particular place and owes its reputation to that place. For example- there are many products in the field of agriculture which get its reputation and qualities due to the soil or climate of a particular place.
NEEED FOR PROTECTING GEOGRAPHICAL INDICATION
Geographical Indication is used to protect the consumer’s belief. The sign of geographical indication is marked on the verified product which is originated in a particular place and acquires its properties. If this would not be secured then the sellers may claim anything and everything to be a specialized product and mislead the customers.
WHAT IS COPYRIGHT?
Literary works, artistic creations and others are protected under copyright. The people who created such work are given the right to sue the people who use them without their permission under copyright infringement. Works that are covered under copyright are endless but some of them are movies, songs, various books including novels, composition, paintings, and work related to architecture, etc.
ADVANTAGES OF PROTECTING THE COPYRIGHT
Protection of copyright has enhanced the number and quality of the creative works produced. It helps the creators in getting rewarded in a fair manner. Protection of copyright also fosters the investment process as it provides assurity to the investors.
In recent years, there have been several amendments made in the various Acts related to International Property Rights like the Copyright Act 1957, the Patent Act 1970, etc., for the betterment of the society, but there are many people who are still not aware about the advantages available to them in the field of IPR. Therefore, Government should adopt various measures to increase the awareness related to IPR among the people, especially in remote areas.