Intellectual Property Rights
As a result of the Industrial revolution and the rapid developments made in the field of science, technology and culture, a new kind of property apart from the traditional property came into existence. The competition in the today’s market is growing rapidly which is driving new entrants to think widely and compete with the market by coming with new ideas. At the same time one has to protect the work created by such person out of his ideas. The concept of property has undergone a sea change especially after the Second World War. New rights and properties like patents, copyrights, trademarks and industrial designs came to be known as Intellectual property Rights(IPR). Intellectual property is the creation of human mind, human intellect and hence called Intellectual property.
Intellectual property refers to creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce and any such work which involves the intellect of human. It is something produced by the mind, of which the ownership or right to use may be legally protected by a copyright or Industrial Property Rights.
The intellectual property is an asset and, as such, it can be bought, sold, mortgaged, licensed, exchanged or gratuitously given away like any other form of the property. Further, by acquiring a legal right over the property, the creator of the intellectual property seeks to ensure that he has exclusive right over it and that the property can be put to use by others only with his consent.
As a type of property, intellectual property (IP) has that unique characteristic of being ethereal; of the mind, intangible, with no corporeal existence.Ownership of IPR is a source of national wealth and mark of an economic leadership in the context of global market scenario.
The importance of protecting intellectual property was first recognized in the Paris Convention for the Protection of Industrial Property in 1883 and the Berne Convention for the Protection of Literary and Artistic Works in 1886. Both treaties are administered by the World Intellectual Property Organization (WIPO).
IP has two branches:
- Industrial Property
Copyright protects ‘original literary, dramatic, musical and artistic works’. In order to secure copyright protection the author must have bestowed upon the work “sufficient judgment, skill, labour or capital”. Copyright does not extend to ideas. Copyright subsists in only the material form to which the ideas are translated. Once a person acquires copyright over his original literary, dramatic, musical and artistic work it is valid for the lifetime of such person and it extends after the death of such person also it is usually for 60 years but differs in some works.
Industrial property includes:
- Patents (Inventions)
- Industrial designs
- Geographical indications
PATENTS (inventions): A patent gives an inventor the right for a limited period to stop others from making, using or selling an invention without the permission of the inventor. It is a deal between an inventor and the Government in which the inventor is allowed a fixed period of monopoly in return for allowing the invention to be made public. Patents are about functional and technical aspects of products and processes. A patented invention is recorded in a patent document. A patent document must have Description of the invention, possibly with drawings, with enough details for a person skilled in the area of technology to perform the invention.
TRADEMARKS: A trademark is a distinctive sign of some kind which is used by an individual, business organization or other legal entity to uniquely identify the source of its products and/or services to consumers, and to distinguish its products or services from those of other entities. A trademark is a type of industrial property, and typically comprises a name, word, phrase, logo, symbol, design, image, or a combination of these elements. The trademark once registered is valid for 10 years but it can also be cancelled by the registered user if wants so. And that trademark has to be renewed after the expiry of the 10 years.
INDUSTRIAL DESIGN: An industrial design is the ornamental or aesthetic aspect of an article.A design to be registered must be some shape, configuration, pattern, ornament or composition of lines or colours applied to any article whether two dimensional or three dimensional or in both forms, by any industrial process or means. Design must be capable of being applied to an article in such a way that the article to which it is applied will appeal to, and judged solely by the eye.
GEOGRAPHICAL INDICATION: A GI is a name or sign used to identify products from a specific geographical region and that have a reputation or certain qualities unique to that particular region. GIs are about culture, geography, traditions, heritage and traditional practices of people and countries.