Origin of Intellectual Property (IP)
The Intellectual Property (IP) is a term referred to work or inventions that are a result of some individual’s original creativity. It basically, means the legal rights arising out of an intellectual activity in any field like literary, industrial and artistic or industrial etc. It includes the results that are the creations of one’s creative mind. Prior to the General Agreement on Tariffs and Trade (GATT), the Intellectual Property and its related rights were not a subject, to any international trade negotiations. There’s a long history of the Intellectual Property, which is way complex but, also fascinating. It is traced all the way to 500 BCE, when Sybaris, a Greek State made it possible for the citizens of their state, to obtain a patent for one year, for “any new refinement in luxury”. Since, then we can conclude that Patent, Copyright and Trademark laws have become more complicated over the centuries but, the intent remains the same.
The laws and legislation procedures relating to the IPR have their roots in Europe. The trend of Patents started in the 14th Century, they were technologically less advanced than England. However, the first ever known Copyrights appeared to be in Italy where, Venice was considered the cradle of Intellectual Property systems. While, the Patents are about 150 years old concept, as first introduction was based on, the British Patent System. To foster creativity and to ensure the possibility for the inventor to make benefits of their creativity.
Introduction to IPR
The Intellectual Property Rights (IPR) are the legal rights that are conferred as an exclusive right, to the creator or the inventor in order to, protect his invention or creation for a period of time. Originally, only patent, copyrights and trademarks of industrial design were protected under the IPR but, now it has a much wider meaning. IPR enhances technological advancement as it’s a mechanism of handling piracy, unauthorized use and infringement [1].
It gives protection to the trade secrets and undisclosed information which, are important factors in the industries and the R & D institutions. The Drugs and Pharmaceuticals are the match that requires to have a strong IP system as inventing new drugs comes with all associated risks at the developmental stage. Here, competition is driven by the scientific knowledge concepts rather than manufacturing know-how.
The Intellectual Property Rights are the non-fundamental Human Rights which, are open to state interference to fulfil the obligations of the Human Rights. The evolution of the IPR consists of all statutorily recognised rights. The globalization of the Intellectual Property Rights has triggered the debate on the evaluation of the relationship between them and the Human Rights.
According to the IPR, the traditional knowledge is considered to be a huge part of the public regime/domain since, they don’t meet the criteria for the protection and security or the private ownership. The holders or owners/creators of the IPR have the ensured monopoly, on the usage of their item, property or research, for a specified particular amount of time.
The Intellectual property rights are important to promote and stimulate research and development. This is to ensure the rights of the individuals and organisations, the protection of their innovative ideas and research and so, they can reap the benefits of their hard work as it is extremely important, for the growth and development of humanity by, efforts of individuals.
The IP empowers enterprises, individuals or other institutes, to exclude others from having the right or using their name without the permission, with their creations/innovations. Thus, it gives the investors, a reasonable reason to return their investment, in the field of research and development. It encourages the disclosure, publication and distribution of the innovative creators, to open their discovery or creation to the public rather, then keeping it as a secret.
Types of Intellectual Property[2]
1. Patents – A Patent is a document issued by the government office, on application request, normally to protect the rights of the new inventions, ideas or scientific processes. The Patent holders are required to pay, periodic renewal fees to the government. Therefore, the approved Patent is for a limited period of time only.
2. Copyright – It covers all the literary and artistic works including novels, plays and poems, films, music, architectural designs or photographs etc. It deals with the rights of the intellectual creators and also, include the rights of the creator/inventor and those of performers, producers and the broadcasters as well.
3. Trademarks – They specifically protect the colours, sounds, designs, phrases or symbols of individual’s creative creation. It indicates trade origin and the source of the trademark owner. It gives the licensor, the ability to control the permission, marketing, financial arrangements and the quality of his products. They may be granted separately from the Patent and know-how licenses.
4. Trade Secrets – The systems, processes, formulas, strategies or any other form of confidential information of any organisation is covered under this. This is majorly to provide these organisations, with competitive advantage in the market as they are vital in the growth of the company.
Statutory Provisions and Legislations[3]
The Rights to Intellectual property is inserted in the United Nations Declaration for the Right of Indigenous People (UNDRIP). Particularly, the Article 27 of the UNDHR states that everyone has the right to protect the material and moral interests, that are the results of any scientific, artistic or literary production of an author. The Convention Establishing the World Intellectual Property Organization (WIPO Convention) (1967), concluded in Stockholm provides, under its Article 2 (viii) that the IP shall include rights relating to fields like scientific discoveries, industrial designs, literary and artistic works etc.
There are a few international platforms and forums that work for protection and promotion of the Intellectual Property Rights, such as the World Trade Organisation and World Intellectual Property Organisation (WIPO). Furthermore, they do make new laws on IPR and analyse the ways of how these laws can guarantee the protection within the ambit of Human Rights. The Article 2 of WIPO states that IP should include the rights related to the commercial names, literary and artistic works, trademarks and designs against the unfair competition. The importance of the Intellectual Property was first recognised by the Paris Convention for the Protection of Intellectual property (1883) and the Berne Convention for the Protection of Literary and Artistic Works (1886). Both these treaties were originally administered by WIPO.
In India, other laws protecting and promoting Intellectual Property Rights are recognised under the legislative statute, such as: –
· The Geographical Indications of Goods (Registration & Protection) Act, 1999
· The Patents Act (1970)
· The Trade and Merchandise Marks Act, 1958.
· The Designs Act, 2000
· The Copyright Act, 1957
World Intellectual Property Organisation (WIPO)[4]
The World Intellectual Property Organisation or WIPO is a specialized agency of the United Nations (UN) that was created in 1967 and is headquartered in Geneva, Switzerland. It was created to encourage the intellectual property (IP) protection and to promote the creative activities, all over the world. In simple basis, it is a global organization body that provides global forum for IP services, policies, cooperation and information. There is a strength of 192 members and the motto of the organisation is to promote creative activities and protect intellectual property, all across the world. As far as our country is concerned, India is a signatory member of the WIPO organisation.
WIPO is a self-sufficient and self-funded agency of the United Nations (UN). The organisations dedicated in working out the balance and developing the accessibility of the IP system then, also reward for creativity and innovation. Hence, safeguarding the economic development while protecting the public interests. The signature feature of the organisation is that it implements administrative functions as discussed in the Berne and Paris Unions. It assists the development of the campaigns, to improve IP protection in the world. Further, it also conducts research and publishes the results of the IP development in the various countries.
The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), 1995 is an international agreement, among the member countries of the World Trade Organisation (WTO). It is related to the aspects of Intellectual Property Rights and sought to standardise the rules and regulations and laws related to the Intellectual property laws. It provides a uniform degree of preservation and protection of the Intellectual property of the citizens of all the member countries and the general public. It mandates that there must not be any discrimination between the intellectual properties created by any citizen of the member countries, to the TRIP’s. this provides a minimum standard of protection for the IP hence, the domestic laws of a country can provide a higher degree of protection, on their own.
Why promote and protect Intellectual Property?
There are several reasons for promoting and protecting the intellectual property and its related rights [5].
1. Progress of humanity and the moral good benefit of them, remains in the ability to create and invent new works in the field of technology and culture.
2. It encourages distribution, publication, and disclosure of the creation to the public for their benefit, rather than keeping it a secret and a personal establishment.
3. The promotion and protection of intellectual Property can promote economic development and it may also, generate new jobs and industries. It could improve the quality of life, with the latest new innovations, inventions and creativity.
4. They increase the market value of the creators or innovator’s business. It generates huge incomes through the licensing, selling or the commercializing of their products. So, improving the stock market and increasing the profits.
5. The creative and intellectual ideas are converted into profitable assets. The products/services can be commercially successful and may benefit a lot of individuals in the societies, across the globe as it increases the export opportunities for the business.
Evolution and Scope of the IPR
The WIPO Programme in the year 1998-99 budget, were initiated to address the growing concerns related to the Intellectual Property Rights, of the indigenous knowledge holders. The Intellectual Property gave rise to duties, specifically for the owner of the IP that are certain functions to be performed by them, in relation to their work or products. The various laws that come under the ambit of Intellectual property umbrella did not emerge or evolve together and they are as a fact, quite dissimilar in many aspects. Thus, the international treaties and agreements promote the intellectual workers and labours and bring together all the related laws of IP together.
The Intellectual Property Rights are distinguished from other rights because of the nature of intangibility. It ensures the Right to Sue or take any legal action against the person, who gains unauthorised access to his creation or innovation against the property. The scope of the Intellectual Property Rights is a broad one. They help in balancing the nature of innovator’s interest and the benefit of the public by, providing them an environment where, innovation, invention and creativity can flourish to the highest and can benefit all. The Intellectual Property systems have a common form of internal appeal procedure against the violators of IPR.
Apart, from the initiatives of Government for training judicial officers in matters such as IPR matters, the laws are also, updated and amended to provide the efficient speedy trials to the citizens. Like in India, The Cell for IPR Promotion and Management (CIPAM), which is a government body works with WIPO and the National Judicial Academy (NJA), India, for organising training sessions and sensitisation programmes on IPR’s for the High Court and District Court judges. Thus, ensuring that the law system has a greater understanding on matters like IPR and its assertion in the society [6]. The National Intellectual Property Rights (IPR) Policy, 2016 was a vision project of Indian government, to guide the future developments of the Intellectual Property and its Rights in the country. It seemed to place an institutional mechanism for implementation and monitoring of developments in global as well as national IPR’s.
Conclusion
The obvious is that the management of the Intellectual Property and its related rights have a multidimensional aspect. So, they require new strategies and different action plans, to be aligned with the national and international practices and treaties. As, it is not just restricted to the national level but, has moved to be driven by the international organisations as well. These Intellectual Property Rights hold and guarantee the monopoly rights and temporary privileges to their holders. The different forms of Intellectual Property Rights, need the different handling, planning, treatment and strategies of persons involved, with different domain of knowledge among the individuals.
Intellectual Property and its related rights are surely influenced by the market needs and responses, the commercial value of the cost involved, in the transplantation of the IP. Basically, there is a need that every industry must evolve its own IP policies and strategies. Since, the challenges to IPR are unavoidable possibilities as, there must be some invalid IPR, Antitrust laws and hence, the need to ensure that the laws are lawfully asserted and maintained, established within the industries. These laws protect the release of new ideas and aims to guarantee the advancements from the ideas, to their original creators/innovators/inventors. Some progress has been made, over the years in understanding and documenting the interactions of the IPR’s with the policy provisions in the country.
It is evident that the Intellectual property is the solution to the inappropriate claims of property rights, such as the private property conflicts with social restricted benefits of public access. The main objective of the Intellectual Property Rights, is to safeguard the producers and creators of the innovative goods and services by, granting them certain time bound rights to control the use and regulation of their products. The leading rapid technology with the age of globalization has given rise to the fierce competition. Thus, protection and guarantee of the rights against the infringements of the innovations, creations and findings, must be associated with the IPR’s through Patents, Trademarks, Copyrights etc.
References
· BIBLIOGRAPHY Convention Establishing the World Intellectual Property Organization: https://www.wipo.int/treaties/en/convention/summary_wipo_convention.html
· London, W. J. (2001). Intellectual property rights in the WTO and developing countries. Kluwer Law International.
· WIPO Intellectual Property: https://www.wipo.int/edocs/pubdocs/en/intproperty/489/wipo_pub_489.pdf
