Skip to main content

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.

Labels:

Comments

Post a Comment

Popular posts from this blog

Section 58B of The Advocates Act - Special provision relating to certain disciplinary proceedings

 Section 58B The Advocates Act Description (1) As from the 1st day of September, 1963, every proceeding in respect of any disciplinary matter in relation to an existing advocate of a High Court shall, save as provided in the first proviso to sub-section (2), be disposed of by the State Bar Council in relation to that High Court, as if the existing advocate had been enrolled as an advocate on its roll. (2) If immediately before the said date, there is any proceeding in respect of any disciplinary matter in relation to an existing advocate pending before any High Court under the Indian Bar Councils Act, 1926 (38 of 1926), such proceeding shall stand transferred to the State Bar Council in relation to that High Court, as if it were a proceeding pending before the corresponding Bar Council under clause (c) of sub-section (1) of section 56: Provided that where in respect of any such proceeding the High Court has received the finding of a Tribunal constituted under section 11 of the Indian B
Post a Comment
Read more

Case Laws related to Defamation in favour of ClaimantCase Laws related to Defamation in favour of Claimant. TOLLEY Vs, J.S FRY & SONS LTD – (1931) Facts The defendants were owners of chocolate manufacturing company. They advertised their products with a caricature of the claimant, who was a prominent amateur golfer, showing him with the defendants’ chocolate in his pocket while playing golf. The advertisement compared the excellence of the chocolate to the excellence of the claimant’s drive. The claimant did not consent to or knew about the advertisement. Issue The claimant alleged that the advertisement suggested that he agreed to his portrait being used for commercial purposes and for financial gain. He further claimed that the use of his image made him look like someone who prostituted his reputation for advertising purposes and was thus unworthy of his status. At trial, several golfers gave evidence to the effect that if an amateur sold himself for advertisement, he no longer maintained his amateur status and might be asked to resign from his respective club. Furthermore, there was evidence that the possible adverse effects of the caricature on the claimant’s reputation were brought to the defendants’ attention. The trial judge found that the caricature could have a defamatory meaning. The jury then found in favor of the claimant. Held The House of Lords held that in the circumstances of this case – as explained by the facts – the caricature was capable of constituting defamation. In other words, the publication could have the meaning alleged by the claimant. The Lords also ordered a new trial limited to the assessment of damages. NEWSTEAD V LANDON EXPRESS NEWSPAPER LTD, (1939) Facts: A newspaper published a defamatory article about Harold Newstead. However, another person with this name brought an action in libel. He claimed that the article had been misunderstood as leading to him. The defendant newspaper recognised that they published the article. Also, they denied that they had the intention of being defamatory of him. Consequently, the claimant argued that the newspaper was under a duty. The duty was to give a clear and complete description of the correct person. Moreover, the claimant argued that the defendants were in breach of the duty. Issues: The issue in Newstead v London Express Newspaper, was if the reasonable persons would have understood the words complained of to refer to the plaintiff. Held: The Court of Appeal stated that in accordance with the current law on libel, liability for libel does not depend on the intention of the defamer; but on the fact of the defamation. Accordingly, a reasonable man, in this case a newspaper publisher, must be aware of the possibility of individuals with the same name and must assume that the words published will be read by a reasonable man with reasonable care.

  Case Laws related to Defamation in favour of Claimant.  TOLLEY  Vs,  J.S FRY & SONS LTD – (1931) Facts The defendants were owners of chocolate manufacturing company. They advertised their products with a caricature of the claimant, who was a prominent amateur golfer, showing him with the defendants’ chocolate in his pocket while playing golf. The advertisement compared the excellence of the chocolate to the excellence of the claimant’s drive. The claimant did not consent to or knew about the advertisement.   Issue The claimant alleged that the advertisement suggested that he agreed to his portrait being used for commercial purposes and for financial gain. He further claimed that the use of his image made him look like someone who prostituted his reputation for advertising purposes and was thus unworthy of his status. At trial, several golfers gave evidence to the effect that if an amateur sold himself for advertisement, he no longer maintained his amateur status and might be aske
1 comment
Read more

Rules as to delivery of goods

                             Rules as to delivery of goods Section 2(2) of Sale of Goods Act defines ‘delivery’ as a ‘voluntary transfer of possession from one person to another.’ Thus, if the transfer of goods is not voluntary and is taken by theft, by fraud, or by force, then there is no ‘delivery. Moreover, the ‘delivery’ should have the effect of putting the goods in possession of the buyer. The essence of the delivery is a voluntary transfer of possession of goods from one person to another. There is no delivery of goods where they are obtained at pistol point or theft. 1. Mode of Delivery: According to Section 33, delivery of goods sold may be made by doing anything which the parties agree shall be treated as delivery or which has the effect of putting the goods in the possession of the buyer or of any person authorized to hold them on his behalf. Delivery of goods may be actual, symbolic or constructive. 2. Expenses of Delivery: According to Section 36(5), unless otherwise agree
Post a Comment
Read more