Tuesday, 15 February 2022

INTELLECTUAL PROPERTY RIGHT IN INDIA

 


                    INTELLECTUAL PROPERTY RIGHTS IN INDIA


INTRODUCTION

Intellectual property rights (IPR) are the rights granted to individuals over their mental creations, such as inventions, literary and artistic works, and commercial symbols, names, and pictures. For a set amount of time, they usually grant the inventor exclusive rights to exploit his or her creation. These rights are detailed in Article 27 of the Universal Declaration of Human Rights, which states that creators of scientific, literary, or artistic 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 recognise the importance of intellectual property (1886). Both the treaties are administered by the World Intellectual Property Organization (WIPO).

TYPES OF IPR

Traditionally, intellectual property rights are divided into two categories:

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

2) Industrial property is classified into two categories: commercial and industrial. 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 specific feature of the product is primarily traceable to its location. The goal of trademark protection is to encourage and ensure 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 distinctive, the protection may extend eternally. Trade secrets and industrial designs: Other sorts of industrial property are protected largely to encourage technological innovation, design, and development. In this category fall inventions (protected by patents), industrial designs and trade secrets.

NEED OF IPR

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

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

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

3) Protect creators' rights: IPR is essential to protect creators and other producers of intellectual commodities, goods, and services by guaranteeing them time-limited rights to regulate how the manufactured things are used.

4) It encourages creativity and innovation while also making doing business easier.

5) In the form of foreign direct investment, it encourages the transfer of technology.

CONCLUSION

Intellectual property rights are monopoly rights that provide holders exclusive exploitation of income rights from cultural expressions and inventions for a certain time. For a society to offer such privileges to certain of its citizens, proponents of these rights provide three commonly recognised justifications for protecting today's inter-global intellectual property rights. It is obvious that managing IP and IPR is a multi-disciplinary endeavour that necessitates a variety of functions and tactics that must be matched with national legislation as well as international treaties and norms. From a national standpoint, it is no longer totally driven. Individuals' interaction with varied domain expertise, such as science, engineering, medical, law, finance, marketing, and economics, is required for different types of IPR, as well as different treatment, management, planning, and tactics. Intellectual property rights (IPR) have societal, economic, technological, and political consequences. With the use of IPRs such as patents, trademarks, service marks, industrial design registrations, copyrights, and trade secrets, leaders in rapid technology, globalisation, and strong competition can protect their inventions from infringement. However, intellectual property rights are still being violated. The administration is likewise working to put a stop to it. There are laws in place to protect intellectual property rights from infringement.

India has implemented a number of reforms to its intellectual property regime 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 improved 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 will help to improve India's global image. All countries can benefit from an efficient and equitable intellectual property system, which can help them realise intellectual property's potential as a catalyst for economic progress and social and cultural well-being.


By,

Asha Sebastian.


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