Growth of Intellectual Property Rights vis-à-vis Wearable tech

Submitted by Shreya Shukla

Introduction

Whether anything which can’t be seen, felt, or touched, can be said to exist, or will it acquire any
right? The answer to this question is very clear, it is true that there are some kinds of properties
that are attached therewith properties even though they do not seem to exist. Such rights are
known as Intellectual Property Rights.

There are two kinds of properties one is Corporeal, another one is Incorporeal. The former is a
kind of property that can be touched, seen, or has physical existence whereas the latter is the
property that does not have physical or material existence i.e., it cannot be seen or touched but
rights connected to the properties are being observed. These Intangible rights entitle an
individual to certain claims related to their property. These claims are annexed to the property
and hence, they are termed as intangible. It is to be noted that only rights are intangible, the
property can be tangible as well as intangible for the application of Intellectual Property Rights.

Meaning and kinds of Intellectual Property Rights -

These properties relate to the individual mind, as the name suggests Intellectual properties are
the creation of Intellect and are thus called Intellectual properties. When a person creates or
invents something new he has legal right over such creation as well as an exclusive claim over
such property i.e., the right to exclude all others, to use that intangible property, and rights
connected therewith are known as Intellectual Property Rights.

Intellectual property rights can be expanded into various categories such as trademarks, trade
secrets, copyrights, patent, geographical indications, inventory designs, plant varieties, etc.-

Expansion of IPRs in the Contemporary Period

IPRs cover broad significance that is- ideas, expressions, literary works, thoughts, inventions,
innovation, etc. and IPR law protects the same in order to encourage such works in the industrial
and technological fields. When the protection of original works is ensured it motivates an
individual to put effort and make new ideas in respective spheres. Also, economic incentives
drive others as well for creating different new inventions, thoughts, and ideas. Recently IPRs
gained popularity and significance in their growth as people in society are becoming more
educated, and aware of their rights to protect their creativity.

Whether the Wearable Technologies will be dealt under IPR?

Wearable technology is one of the finest examples of modern times of intellectual property
rights. The technological field is expanding due to changing needs of society, new technologies
are being created or invented which benefit the creator as well as contribute to enhanced
workings in different fields, ease the facilities of an individual, etc. Wearable technology means
anything which can be worn by an individual to serve some purpose. It sets out the expected
future growth demonstrating its importance in the 21st century. Wearable Technology, can be
understood as its name that is 'wearable', it is a device that incorporates a technology that can be
worn on oneself. The most famed example can be Smart or digital watches and wireless
Bluetooth earphones, but it includes smart dresses, smart glasses, armbands, fitness trackers,
GPS tracking bands, etc. It cannot be said to have a precise definition but Wearable technology is
nothing but an innovation, creation, or idea. The products arising with such technology are
governed and protected by Intellectual Property Rights.

It is secured in different heads of IPRs that is, Copyright, trademarks, trade dress, and patent. If a
novel creation is invented by an individual or group, they can ensure its shielding which can be
elaborated under:-

By Copyright -

Wearable technologies, that is any software programs, etc. can be protected under the copyright
law i.e. can be registered under The Copyright Act, 1957, furthermore, it is to be said that not
only the product can be protected but also any instructions given therein can also be protected
under Copyright Law.

By Patenting-
Wearable technology can also be made to be protected by Patent law under the Patent’s Act of
1970 if such technology is capable to fulfil the criteria required to patent a product, that is-
'invention'. Any new invention in wearable tech can be made into patentability. Patents play a
significant role to create a monopoly in the invention.

By Trademarks-

Wearable technology products can also be made to be registered under The Trademark Act, 1999
as these products are marketed under a brand name, for example, Boat, Sony, etc. It has been
noted that trademarks are nothing but a sign, symbol, color, design, or name, which distinguishes
the product from others and ensures protection, and avoid infringement of the rights of the
holder.

By Industrial design-

The appearance or outer look of a wearable technology or product arising out of a such product
can be protected under The Design Act, of 2000. If the shapes, colors, styles, patterns, designs,
etc. of a product are original or novel then it can be made to protect from its infringement.

Conclusion-

The world is developing day by day, and new technologies, ideas, inventions, and creations are
coming forth in the modern era. Such creations are needed to be protected for their upliftment,
encouragement, & motivation to help the creators and to ease the functioning and stability of
their originality. Any technology or product can indeed be protected by any one or combination
of any of the aforesaid Intellectual Property Rights laws. That is for example- a company can
protect its brand name or goodwill by trademark law as well as its design under the Design Act,
2000, if it is an invention then it can be patented also. Meaning thereby same product can be
made for its protection under one or more heads of Intellectual Property Rights. So, for the better
development of such technology and creations, or inventions they are required to be protected.