What are Intellectual Property Rights, and How Do They Affect You?

 

Intellectual property rights (IPR) are the rights granted to individuals over their mental creations, such as inventions, literary and creative works, and commercial symbols, names, and pictures. For a set amount of time, they generally grant the inventor exclusive rights to exploit his or her invention.

These rights are detailed in Article 27 of the Universal Declaration of Human Rights, which states that creators of scientific, literary, or creative works have the right to have their moral and material interests protected.

 

The Paris Convention for the Protection of Industrial Property (1883) and the Berne Convention for the Protection of Literary and Artistic Works (1885) were the first to acknowledge the importance of intellectual property (1886). The World Intellectual Property Organization is in charge of both accords (WIPO).get free consultation at markshield 

Traditionally, intellectual property rights are separated into two categories:

 

(i)Copyright and copyright-related rights:

 

 

 

Copyright protects the rights of creators of literary and creative works (such as books and other publications, musical compositions, paintings, sculpture, computer programmes, and films) for at least 50 years after their death.

 

(ii) Industrial property: There are two types of industrial property:

 

 

 

Trademarks and geographical indications are among the distinguishing indicators that are protected.

 

Trademarks separate one company's goods or services from those of other companies.

 

Geographical Indications (GIs) define a product as having originated in a location where a certain feature of the product is primarily traceable to its location.

 

The goal of trademark protection is to encourage and promote fair competition, as well as to safeguard customers by allowing them to make educated decisions about diverse goods and services.

If the symbol in question remains unique, the protection may extend eternally.

Other sorts of industrial property, such as industrial designs and trade secrets, are protected largely to encourage innovation, design, and technology creation. Patented innovations, industrial designs, and trade secrets all come within this category.

What is the purpose of intellectual property rights?

 

The ability of mankind to produce and innovate new works in the fields of technology and culture is critical to its progress and well-being.

 

 

 

Stimulates innovation: The legal protection of new creations encourages more resources to be committed to future innovation.

 

Economic growth: Promoting and protecting intellectual property stimulates economic growth, helps to generate new employment and industries, and improves people's quality of life.

 

Protect creators' rights: IPR is essential to protect creators and other producers of their intellectual commodity, products, and services by allowing them specific time-limited rights to control the intellectual commodity, goods, and services.

It encourages creativity and innovation while also making conducting business easier.

It promotes technological transfer through foreign direct investment, joint partnerships, and licencing.

India and Intellectual Property Rights

India is a WTO member and a signatory to the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement).

India is also a member of the World Intellectual Property Organization, a group tasked with promoting the global protection of intellectual property rights.

 

India is also a signatory to the following significant IPR-related WIPO-administered international treaties and conventions.

 

Budapest Treaty on the International Recognition of Microorganism Deposits for Patent Purposes (Budapest Treaty)

 

Convention for the Protection of Industrial Property (Paris Convention)

 

The World Intellectual Property Organization was established by the World Intellectual Property Organization Convention.

 

The Berne Convention for the Protection of Literary and Artistic Works was established in 1815.

 

Treaty on Patent Cooperation

 

The Madrid Protocol is an addendum to the Madrid Agreement on the International Registration of Marks.

 

The Washington Treaty on Intellectual Property in the Field of Integrated Circuits (Washington Treaty on Intellectual Property in the Field of Integrated Circuits)

 

The Nairobi Treaty on the Protection of the Olympic Symbol was signed in Nairobi, Kenya.

IPR Policy at the National Level

In May 2016, the National Intellectual Property Rights (IPR) Policy 2016 was adopted as a vision statement to guide the country's future growth of IPRs.

"Creative India; Innovative India" is its rallying cry.

 

It puts all IPRs together on a single platform, taking into consideration all interconnections, with the goal of creating and exploiting synergies across all types of intellectual property (IP), relevant legislation, and agencies.

 

It establishes an institutional framework for implementation, monitoring, and evaluation. Its goal is to apply global best practices to the Indian situation.

 

The Ministry of Commerce's Department of Industrial Policy and Promotion (DIPP) has been designated as the central department for coordinating, guiding, and overseeing the implementation and future growth of IPRs in India.

The 'Cell for IPR Promotion & Management (CIPAM),' established under the auspices of DIPP, aims to serve as a single point of contact for the execution of the National IPR Policy's goals.

India's intellectual property rights policy complies with the World Trade Organization's Agreement on Trade-Related Aspects of Intellectual Property Rights.

Objectives

IPR Knowledge: Outreach and Promotion - To raise public awareness of the economic, social, and cultural benefits of intellectual property rights (IPRs) across all segments of society.

IPR generation - To encourage the creation of IPRs.

 

Legal and Legislative Framework - To have robust and effective IPR laws that strike a balance between rights holders' interests and the wider public good.

 

Administration and Management - To modernize and enhance IPR administration that is focused on service.

 

Commercialization of IPRs – Increase the value of IPRs by commercializing them.

 

Strengthening the enforcement and adjudicatory   processes for addressing IPR infringements.

 

Strengthening and expanding human resources, institutions, and capacity for teaching, training, research, and skill development in IPRs.

Conclusion

India has implemented a number of reforms to its intellectual property framework to improve efficiency and reduce the time it takes to grant patents.

In this country, the culture of invention is gaining centre stage. India is in a good position to focus on R&D. Its increased rating in the Global Innovation Index throughout the years reflects this.

The government's efforts to develop the national intellectual property policy, the IP appellate tribunal, e-governance, and its pledge to follow the WTO's TRIPS agreement in form and spirit would assist to improve India's worldwide image.

 

All nations may benefit from an efficient and fair intellectual property system, which can help them achieve intellectual property's potential as a catalyst for economic progress and social and cultural well-being.