UNIT - I
INTRODUCTION
THE INTELLECTUAL PROPERTY
Intellectual property (IP) is a term referring to creation of the intellect (the term used in
studies of the human mind) for which a monopoly (from greek word monos means single
polein to sell) is assigned to designated owners by law. Some common types of intellectual
property rights (IPR), in some foreign countries intellectual property rights is referred to as
industrial property, copyright, patent and trademarks, trade secrets all these cover music,
literature and other artistic works, discoveries and inventions and words, phrases, symbols and
designs. Intellectual Property Rights are themselves a form of property called intangible
property. Although many of the legal principles governing IP and IPR have evolved over
centuries, it was not until the 19th century that the term intellectual property began to be used
and not until the late 20th century that it became commonplace in the majority of the world.
The intellectual property right is an intangible right. Your right to your intellectual
property is like your right to regular property. An owner of intellectual property right is given an
exclusive monopoly to exploit the creation. You may choose to monetize it or hold it as such.
The catch is that nobody else can reap the benefits of your intellectual property without your
explicit consent.
DIFFERENT TYPES OF INTELLECTUAL PROPERTY RIGHTS
1. Patents: Patents are the most well known intellectual property rights that are granted to
an inventor to make, use and sell his invention. To register a patent, the invention must be
novel and be in accordance with the provisions of Patents Act, 1970. To claim protection
under the Act, one must hold a registered patent or a patent application in process.
2. Trademarks: Trademarks are another commonly known intellectual property rights. The
law relating to trademark is the Trademarks Act, 1999. Trademark protects the goodwill
one has built with his brand name. it is not compulsory to register a trademark. Even if
you have a brand name without a registered trademark, you can file a passing off suit
against anyone who is trying to use your brand name.
3. Copyrights: Copyrights are protection given to a creator with regard to his original
creation. Ideas or concepts cannot be copyrighted. Copyrights are a unique form of
intellectual property rights because it starts right from the moment a copyrightable
material is created. It does not require any form of registration though registration may
ease any litigation in case of infringement. In India, copyrights are protected under
the Copyright Act, 1957.
4. Industrial Designs: The Designs Act, 2000 protects any industrial design that is novel
and original and has aesthetic value. It can be two dimensional or three dimensional. The
object of the Designs Act is to protect new or original designs so created to be applied or
applicable to a particular article to be manufactured by Industrial Processor means.
Sometimes the purchase of articles for use is influenced not only by their practical
efficiency but also by their appearance. The important purpose of design Registration is
to see that the artisan, creator, originator of a design having aesthetic look is not deprived
of his bonafide reward by others applying it to their goods.
5. Geographical Indications: The Geographical Indications of Goods (Registration and
Protection) Act, 1999 which protects rights to geographical indications defines the same
as “an indication which identifies such goods as agricultural goods, natural goods or
manufactured goods as originating, or manufactured in the territory of a country, or a
region or locality in that territory, where a given quality, reputation or other
characteristics of such goods is essentially attributable to its geographical origin and in
case where such goods are manufactured goods one of the activities of either the
production or of processing or preparation of the goods concerned takes place in such
territory, region or locality, as the case may be.” In simple words, geographical
indications mean any natural, agricultural or manufactured goods which has a special
reputation and originates from a specific territory. Registration of a geographical
indication is not compulsory. However, registration provides better legal protection to
facilitate an action for infringement.
INTERNATIONAL ORGANIZATIONS, AGENCIES, AND TREATIES
Several international organizations and agreements work to protect and promote
intellectual property rights worldwide. Here’s a simple overview:
1. International Trademark Association (INTA)
The International Trademark Association (INTA) is a global organization that supports
trademarks and related intellectual property (IP). It helps protect consumers and encourages fair
trade.
Founded in 1878 by 17 merchants and manufacturers.
INTA has over 6,500 members from 190 countries, including companies and law
firms.
Headquarters: New York City, with offices in Brussels, Shanghai, Washington
DC, and representatives in Geneva and Mumbai.
INTA offers free educational materials, organizes events, and advocates for
trademark rights globally.
Collectively, INTA members contribute $12 trillion to the global economy.
2. World Intellectual Property Organization (WIPO)
WIPO is a United Nations agency that promotes intellectual property rights globally.
Created in 1967 to encourage creativity and protect IP rights.
Has 188 member countries.
Administers 26 international treaties related to IP.
Headquarters: Geneva, Switzerland.
Originated from BIRPI, an earlier IP organization founded in 1893.
3. Berne Convention for the Protection of Literary and Artistic Works
This treaty protects creative works like books, music, and art.
Signed in 1886 in Berne, Switzerland, with the help of writer Victor Hugo.
Has over 145 member nations, including the U.S., which joined in 1989.
Ensures that member countries treat works from other member nations as their
own.
Sets minimum standards for copyright protection globally.
4. Madrid Protocol
The Madrid Protocol helps trademark owners protect their trademarks internationally.
Started in 1996 as an extension of the Madrid Agreement (1891).
Allows trademark holders to register their trademarks in multiple countries
through a single process.
Covers over 60 countries, including all European Union members.
Provides a cost-effective way to secure international trademark protection.
5. Paris Convention
This treaty protects industrial property, such as patents and trademarks.
Signed in 1883 in Paris, France, by 11 countries.
Allows applicants to file for patents or trademarks in member countries within a
specific time frame (6 months for trademarks, 1 year for patents).
Ensures equal treatment of applicants from other member nations.
Administered by WIPO.
6. North American Free Trade Agreement (NAFTA)
NAFTA is a trade agreement between the U.S., Canada, and Mexico that began in 1994.
Simplifies trade rules and promotes economic growth in the three countries.
Introduced changes to U.S. trademark laws, especially for trademarks with
geographical terms.
7. General Agreement on Tariffs and Trade (GATT)
GATT is an agreement among major industrial nations to promote trade.
It Concluded in 1994.
Changed U.S. patent rules, making utility patents valid for 20 years from the filing date
(instead of 17 years from approval).
IMPORTANCE OF INTELLECTUAL PROPERTY RIGHTS
Intellectual Property Rights (IPRs) are crucial for individuals, businesses, and society.
They protect creations of the mind, such as inventions, literary and artistic works, symbols,
names, and designs, offering legal recognition and exclusive rights. Here’s why IPRs are
important:
1. Encouraging innovation and creativity
IPRs provide inventors and creators with the incentive to innovate by granting them
exclusive rights to profit from their work. This fosters creativity and drives advancements in
technology, arts, and sciences.
2. Protecting economic interests
By securing exclusive rights, IPRs ensure that creators and businesses can monetize their
innovations without the risk of unauthorized use or duplication. This protection contributes to
economic stability and growth.
3. Promoting fair competition
IPRs prevent unfair practices such as copying or counterfeiting, allowing businesses to
compete fairly in the market. This ensures that original creators are rewarded for their efforts.
4. Encouraging investment
Strong IP protections make businesses more attractive to investors. With safeguarded
innovations, businesses can demonstrate long-term growth potential, increasing their chances of
securing funding and partnerships.
5. Facilitating global trade
IPRs promote international trade by providing a legal framework for protecting innovations
across borders. This encourages businesses to expand to new markets without fear of losing their
intellectual property.
6. Protecting consumer interests
IPRs ensure that consumers receive authentic and high-quality products. By reducing
counterfeiting and piracy, they protect consumers from inferior or harmful products.
7. Fostering economic development
Intellectual property rights contribute to the economy by encouraging innovation and
creativity, generating revenue through licensing and franchising, and creating jobs in industries
such as technology, entertainment, and design.
8. Preserving cultural heritage
IPRs help protect traditional knowledge, cultural expressions, and indigenous creations. They
ensure that communities benefit from the commercial use of their heritage and prevent
exploitation.
9. Strengthening brand value
Trademarks and copyrights help businesses establish unique identities and build customer
loyalty. Protected intellectual property enhances brand value and trust among consumers.
10. Encouraging collaboration
IPRs facilitate partnerships between companies and researchers by providing clear legal
frameworks for sharing knowledge and innovations. This fosters collaboration and accelerates
advancements in various fields.
