Intellectual Property Rights

(IPR)
Intellectual property rights (IPR) are the legal privileges
granted to the inventor or creator to safeguard their
intellectual work (in the arts, sciences, literature, etc.) for a
specific period of time. These legal rights grant the inventor
or creator, or his assignee, the sole right to fully exploit
their invention or creation for a specific amount of time.
These Intellectual property rights are outlined in Article 27
of the Universal Declaration of Human Rights, which grants
the right to gain protection for one's material and moral
interests as a result of the authorship of works of science,
literature, or the arts.

The significant body that oversees the global protection of

IPRs is the World Intellectual Property Organisation (WIPO).
It oversees the first international treaties to acknowledge
the significance of intellectual property, which were the
Paris Convention for the Protection of Industrial Property
(1883) and the Berne Convention for the Protection of
Literary and Artistic Works (1886).

Objectives of Intellectual Property

Rights
The term "intellectual property" (IP) refers to any original
work of the human mind, including those in the arts,
sciences, literature, technology, or other fields. Intellectual
property rights are granted by considering the following
objectives:

 Allowing people to profit financially or gain popularity

from their inventions and creations
  to promote an environment where creativity and
innovation can thrive by striking a balance between the
interests of innovators and the larger public interest

To protect traditional knowledge

Types of Intellectual Property Rights

Traditionally, the two main categories of intellectual
property rights are copyright and rights associated with
copyright and industrial property. Industrial property
includes trademarks, geographical indications, industrial
designs, and trade secrets.

Patent in Intellectual Property Rights

When an invention satisfies the requirements of general

novelty, non-obviousness, and industrial or commercial
application, a patent is granted.

 Products as well as processes are eligible for patent

protection.
 A patent gives the owner the authority to decide
whether or how others may use an invention.
 In exchange for this privilege, the holder of the patent
publishes technical details about the invention in the
patent document for public consumption.

Copyrights

The legal term "copyright" is defined as the ownership rights

of authors and artists over their creative works.

 The works protected by copyright can include computer

programs, databases, advertisements, maps, and
 technical drawings, in addition to books, music,
paintings, sculptures, and films.
 Copyright protects the author's rights to literary and
artistic works for at least 50 years after the owner's
death.
 The rights of performers (such as actors, singers, and
musicians), phonogram producers, and broadcasting
organisations are all safeguarded by copyright and
related rights.

Trademarks

A trademark can be defined as a symbol that can be used to

separate the products or services of one company from
those of another company.

 Trademarks have existed since the earliest days when

artisans would sign or "mark" their creations.

Industrial Designs

Industrial design represents the decorative or aesthetic

component of an object. The designs can include two-
dimensional elements like patterns, lines, or colours and
three-dimensional elements like the shape or surface of an
object.

Geographical Indications

Geographical indications and appellations of origin are

labels applied to products that have a particular
geographical origin and that have qualities, a reputation, or
other characteristics that can primarily be linked to that
location of origin.

 The name of the location where the goods were made

is most frequently included in a geographical
indication.
Trade Secrets

Trade secrets are intellectual property rights on private

information (about a product, like Pepsi) that can be
licensed or sold.

 It is considered an unfair practice and a breach of trade

secret protection when others obtain, use, or disclose
such secret information without authorization in a way
that is inconsistent with honest commercial practices.

Intellectual Property Rights in India

Since the inception of intellectual property rights, India has
been committed to their preservation in domestic as well as
international frameworks.

 KAPILA: A systematic, comprehensive effort called

"KAPILA, Kalam Programme for IP Literacy and
Awareness" addresses the current barriers in the
innovation ecosystem, particularly in our HEIs.
o This programme will raise appropriate awareness
among students and faculty of higher education
institutions about the value of filing IP, the
processes involved, and the laws governing IP
filing in India and worldwide.
 International membership:
o Being a member of the World Trade Organisation,
India is committed to the Agreement on Trade-
Related Aspects of Intellectual Property (TRIPS
Agreement).
o India is also a member of the World Intellectual
Property Organisation.

Legal Provisions

The legal provisions for various types of intellectual property

rights are:
  Indian Patents Act: The law that oversees patents in
India is the Patents Act of 1970.
o The Indian Patent Act is administered by the Office
of the Controller General of Patents, Designs, and
Trade Marks, or CGPDTM.
o Its major amendment was in 2005.
 Design Act of 2000: The act's protections support
innovation and serve to safeguard both manufacturers'
and consumers' interests.
 Trademarks Act of 1999 and its amendment of 2010: It
has unique clauses associated with trade mark
registration internationally. Within eighteen months, an
international application may be filed in India to extend
protection to the specified nations.
 The Geographical Indications of Goods (Registration
and Protection) Act, 1999: A law to improve the
protection and registration of geographical indications
associated with products.
o Also, there are various guidelines related to
patents, trademarks and geographical indications.

Advantages of Intellectual Property

Rights
The main advantage of intellectual property rights (IPRs) is
to encourage and protect the creation, distribution, and
offering of new goods and services that are based on the
development and use of inventions, trademarks, designs,
creative works, and other intangible assets.

 Economic growth: Giving statutory expression to the

creators' economic rights and fostering fair trade,
intellectual property rights can support economic
growth by fostering economic development.
o IPRs can generate income not only from direct
marketing but also by licencing them to third
parties.
 Fostering of culture: Copyright allows authors,
performers, producers, and other creators to receive an
economic reward for their works that enrich cultural
heritage, enhance cultural diversity, and benefit society
as a whole. These creative industries include
publishing, music, and film.
 Technical information dissemination: Any member of
the public, including researchers, can use patent
information even when a company, university, or
research institution does not intend to use its own
patented inventions.
 Impetus to fair competition: By allowing consumers to
make informed decisions about various products and
services, the protection of IPRs such as distinctive
signs aims to encourage and ensure fair competition as
well as to protect consumers.
 Research and development: IPRs promote R and D
activities due to the financial benefits indirectly
provided to the creators. These R and D facilitate two
things:
o It facilitates the innovations and production of new
technology, like a new formula of drugs against
any life-threatening disease.
o This new technology/formula, after the patent
period, helps a large population (for example,
through the development of generics). Thus, it
serves the social purpose of IPRs.
 "Open source" is dependent on IPR: In industries like
software, open source mechanisms like General Public
Licences (GPLs) are common.
o With no contractual obligation to use a single
vendor, its benefits include reduced startup costs,
quicker project launches, quicker iterations, more
adaptable software development processes,
strong community-driven support, and simpler
licence management.
o It's important to note that a typical GPL actually
depends on IPRs since it is generally a copyright
 licence that is only valid as long as certain
requirements are met.
 Collateral used to secure financing: IPRs, which are
intangible assets, frequently aid small and medium
enterprises (including start-ups) in their efforts to
persuade outside parties to provide them with financing
(such as investing equity or granting loans).
o The financial industry, particularly knowledge-
intensive SMEs, depends heavily on the valuation
of intangible assets, such as patents.

Disadvantages of Intellectual Property

Rights
Here are a few disadvantages to intellectual property rights:

 Extra Charges for Creators: It might be a bit costly to

obtain protection for the first time, especially if the
product is complex and includes methods, designs, and
processes.
 Piracy: Sometimes it becomes difficult to stop
someone from copying the inventory work, even after
obtaining IP protection. It becomes disadvantageous
for the original creator of the patent.
 Decreasing Quality: As time goes on, the quality of
intellectual property degrades along with the rights to
it.
 Worldwide Inequities: The laws governing intellectual
property are sometimes different. Different IP laws in
different nations can result in unequal access to
innovations and technologies, which disproportionately
affects and impedes the development of developing
nations.
 Costly nature of patented products: Due to high prices
for patent registration, research and development, and
evergreening of patents, the price of patented products
like pharmaceuticals has skyrocketed. It harms the
 interests of the general public, as they rely on these
drugs.

Issues regarding Intellectual Property

Rights in India
With advantages and disadvantages regarding intellectual
property in India, the issues that persist are,

 Evergreening: The Indian Patent Act 1970 (as amended

in 2005) prohibits the granting of patents for inventions
involving new forms of known substances unless there
are significant differences in the substance's properties
regarding efficacy.
o This indicates that the Indian Patent Act forbids
the evergreening of patents. This has caused
issues for the pharmaceutical companies.
 Compulsory licensing: This is when the government
authorises organisations to make, sell, import, or use a
patented invention without the patent owner's consent.
CL is covered by the Indian Patents Act.
o For foreign investors who bring technology,
compulsory licencing presents a challenge
because they worry that CL will be abused to copy
their products.