Monday, 20 June 2022

Importance of protecting Intellectual property rights

Importance of Protecting Intellectual Property Rights in Digital Age

By Shagun Mahendroo


In comparison to other fields of law, intellectual property is a relatively new one.

However, as technology continues to pervade our lives, it is critical that we

safeguard our intellectual property. Below is a thorough article that covers the

definition, nature, and types of intellectual property, as well as the need to

safeguard intellectual property in the digital age.

Intellectual property, as the term implies, consists of intellectual products such as

ideas or mental creations that are unique to a person. In other words, they are the

result of human mind at work. Intellectual property, according to Article 2 of the

Convention Establishing the World Intellectual Property Organization (1967),

contains

1. works of literature, art, and science, as well as scientific discoveries

2. Performing artists' performances

3. Phonograms are a (any letter, symbol or character that represents a sound)

4. Television and radio broadcasts

5. Designs for the industry

6. Commercial names and designations, including trademarks, service marks,

and commercial names and designations Intellectual property is safeguarded

by granting certain rights to the creator, who is the original owner.

Copyrights and Industrial Property are the two main kinds of intellectual

property and associated rights. Literary (novels, poetry, films, and musical

works) and artistic works are protected by copyrights (like drawings,

paintings, photographs, sculptures and architectural designs). It also covers

performing artists' rights, such as singers, actresses, and musicians, as well

as radio and television transmissions. After the author's death, copyright

protection is available for a duration of 50 years. Intellectual property is

safeguarded by granting certain rights to the creator, who is the original

owner. Copyrights and Industrial Property are the two main kinds of

intellectual property and associated rights. Literary (novels, poetry, films,

and musical works) and artistic works are protected by copyrights (like

drawings, paintings, photographs, sculptures and architectural designs). It

also covers performing artists' rights, such as singers, actresses, and


musicians, as well as radio and television transmissions. After the author's

death, copyright protection is available for a duration of 50 years.

Patents, copyrights, trademarks, and trade secrets are the most prevalent categories

of intellectual property.

1. Copyrights: The Copyright Act of 1957 and the Copyright Rules of 2013

govern copyright in India. Copyright refers to the exclusive right to perform

or authorise the performance of specific acts in relation to a work. It covers,

for example, the right to reproduce/issue copies of a literary work, the right

to perform a work in public, the right to make a film or sound recording

based on the work, and so on. The Berne Convention (1886), the Universal

Copyright Convention (1952), and the Rome Convention manage copyright

internationally (1961).

2. Patents: Patents are used to protect inventions. To be eligible for patent

protection, the subject matter must meet three criteria: the invention must be

new, innovative, and industrially useful. Patents in India are governed by the

Patents Act of 1970 and the Patent Rules of 2003. According to the Patents

Act, any patent subject matter that is frivolous or claims to be something

contradictory to well-established natural/scientific laws is not regarded a

"innovation" for the purposes of patent protection. Similarly, inventions that

are used in a way that is against public order or morals, such as a farming

method or a medicinal/surgical/curative treatment approach, are not deemed

inventions. A normal 20-year duration of protection is available to the

holder.

3. Trademarks: The Trademarks Act, 1999, and the Trademarks Rules, 2002

govern trademarks in India. A trademark is a mark that may be expressed

visually and that can distinguish one person's goods or services from those

of another, and it can include the shape of goods, their packaging, and colour

combinations. Trademark protection can be revoked if the following

conditions are met;

1 The mark is not capable of being distinguished from other similar

marks.

2 It contains mark or indications that has become a part of current

language

3 It is expressly prohibited under the Emblems and Names (Prevention

of Improper Use Act, 1950)


4 The mark deceives or confuses the public, hurts religious sentiments,

or contains scandalous or obscene matters.

5 The shape of goods is a result of the nature of goods itself, or it is

necessary to obtain a technical result, or gives a substantial value to

the goods.


The following are some features of intellectual property rights-

1. A right to intellectual property, like a right to goodwill, is an intangible

right.

2. It is considered a movable asset

3. It's a collection of rights. It could include the right to prevent others from

utilising it or the ability to limit the replication of his works for a set length

of time

4. Intellectual property rights are negative rights in the sense that they prevent

others from doing certain things.

5. IPRs are statutory rights because they are derived from laws such as the

Copyright Act (1957), the Patent Act (1970), the Trademarks Act (1999),

and the Design Act (2000), among others.

Importance of Intellectual Property Rights in the Digital Age

All rules relating to intellectual property protection were drafted decades ago,

when technology had not yet swept us off our feet. Even advanced innovations

such as blockchain and artificial intelligence are available. Block chain could still

be in its infancy. We must not, however, overlook its potential to transform the

sphere of intellectual property. It can help decentralise and hence simplify the

patent/copyright registration application procedure. Today, especially in the

aftermath of the pandemic lockdown, it is fair to say that all human activities, from

commerce to education, have transferred to the digital realm. As a result, it's

important to consider how the necessity for intellectual property protection has

evolved throughout time. Prior to that, it is necessary to comprehend the

relationship between intellectual property and economic gains by studying

intellectual property theories.

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