INTRODUCTION TO INTELLECTUAL
PROPERTY RIGHTS
Intellectual Property Rights are rights given to any particular person/
organization for their new creations based on their minds for a certain
period of time with an exclusive right over the use of their creation.
International Intellectual Property Regime
In the nineteenth century, foundation for the International Intellectual
Property Protection was created at various assemblies held in Vienna and
Europe. In Paris Convention in the year 1883, Industrial Property
Protection was created. Under the Industrial Property Protection, patents,
trademarks and industrial designs are protected. Various countries became
members of Paris Convention, subsequently special unions and
arrangements were created which made the beginning of protection of
international trademarks as well-known marks internationally. Special
unions and arrangements are created for the countries who are the
members of Paris Convention. Madrid agreement is an agreement
represented in Paris Convention with vital principles for the regulation of
the trademarks. In Berne Convention in the year 1886, International
Copyright Act was passed. Under International Copyright Act, literary and
artistic works are protected.
In United Nations (UN) Conference, General Agreement on Tariffs and
Trade (GATT) was conveyed on Trade and Employment. Due to failure,
Governments created the International Trade Organization (ITO). GATT
was formed in the year 1949 and lasted until 1993; subsequently, it was
replaced by the World Trade Organization in the year 1995.
World Intellectual Property Organization (WIPO) was started in the year
1960 based on the rules and regulations of Paris Convention and Berne
Convention. Later, World Intellectual Property Organization (WIPO) was
established in the year 1967 based on these conventions. World Trade
Organization (WTO) was made in the year 1977. This organization
becomes an important international organization for development and
understanding of Intellectual Property Rights (IPR). The great discrepancy
between the developed and developing countries related to international
market and multinational corporations, United Nations Conference on
Trade and Development, was made. Later, in the year 1964, United
Nations Conference on Trade and Development was established to make
available an opportunity to discuss their problems related to economic
development in the developing countries. Trading, investment and
developing the opportunities are the main aim of this organization in the
developing countries and also support for their efforts towards the world
economy as an equitable basis.
In the year 1960, world trade was initiated to expand dramatically. This
dramatic expansion made the realization by various national governments
to set rules/regulations and standards to harmonize the national and
regional regulations. In the year 1966, United Nations General Assembly
established the United Nations Commission on International Trade Law
(UNCITRAL). The main aim of the law is to promote the liberal
harmonization and association of international trade law. Generally, in
various industries, IPR is made a part of their intentional preferences in the
regular activities. Various corporations, in order to ensure their sustained
growth, enhanced profits and leadership in the market they intended their
project management system based on:
• Optimized use of inter/intra knowledge base
• Strategic management of IPR
• External channels for knowledge and inventions as inputs
• Internal expertise to manage research and collaborations
• Clarity on knowledge ownership issues through mutually beneficial
licenses
• Pooling of IPR as in the case of several companies who have formed
patent pools of their DVD patents for mutual benefits.
New dimensions and issues for resolution
Recent exploration in the technology towards new dimension and
path, IPR system helps to ensure and encourage new innovation and
sharing the acquired knowledge during the innovation globally.
Various IPR issues are:
• Domain names and trademarks: Copyright in cyberspace
• Rights on traditional knowledge, prior art, material transfer
agreement and bio-prospecting
• Software and patents
• Biotechnological inventions and moral issues and patents
• Compulsory licensing options, border measures and parallel imports
and exhaustion of IPR
• Government control on export of technology
IPR in developing countries
IPR in developing countries is based on the potential significance
and its intensity of the technological activity. Most of the developing
countries followed TRIPS agreement for agricultural and cloth
markets considering they can get the additional access in rich nation
related to various technology transfers and innovations. The growth
effects of IPR in different parts of the world in different time
durations vary significantly, which affect the poor countries in the
long term.
Impact of stronger IPR in developing countries
When granting the monopoly rights for an innovation, organization
can gain the following paybacks, they are:
• The primary social benefits of IPR are the motivation for inventions
• The enhancement of productive activity is based on the use of new
knowledge
• The enhanced dissemination of acquired knowledge to other agents
• The motivation for innovations by other enterprises
Category of intellectual property
Based on the TRIPIS agreement, intellectual property is categorized into
the following areas. They are:
• Patents
• Copyrights and related rights
• Trademarks
• Geographical indications
• Industrial designs
• Layout designs of integrated circuits
• Protection of undisclosed information (Trade Secrets)
• Plant varieties
Intellectual Property Rights are allocated into two main areas:
• Copyright and rights-related copyright
• Industrial property
Copyright and rights-related copyright
Copyright and rights-related copyrights are the rights of authors for
their artistic and literary work, which include books and other
writings, musical compositions, paintings, sculpture, computer
programs and films protected for a period of 50 years after the death
of the author under this copyright.
Rights related to copyright is referred as neighbouring rights, which
includes the rights of performers such as actors, musicians, singers,
phonograms and broadcasting. Copyright and rights- related
copyright can encourage and reward for their creative work.
Industrial property
Industrial property is categorized into two main areas:
• Protection of distinctive signs
The main aim of the protection of distinctive signs is to ensure the
fair completion and protect consumers for various goods and services
by making knowledgeable adoptions of its distinctive signs.
• Protection of distinctive signs includes:
a) Trademarks—distinguish the goods or services from other goods
or services
b) Geographical indications—It is an identity for a goods or product
having an essential characteristic attributable one originating from a
geographical place of origin
c) Motivate innovation, design and the creation of new technology
The main aim of this category is to protect their investment related to
development of new techniques; its results subsequently provide
incentives by means of finance research and activities related to
development. The duration of the protection period is given for a
fixed term; during the term, the inventor can facilitate the foreign
investment directly in the form of technology, licensing and joint
venture for the new innovation or creation or new technology
development. Patents, industrial designs and trade secrets are
protected under this category.
Categories of intellectual property
1. Patents
Patents are rights under Intellectual Property Rights related to an invention
for which patent has been given by the Government/statute to the patentee
in exchange of full disclosure of their invention either an individual or a
company/organization. Patent has been given as exclusive right for a
limited period to exclude others, from making, using, selling and
importing the patented product or process producing that product. The
patent rights are enjoyable without any insight to the invention place, field
of technology and the products either imported or produced locally.
The main aim in IPR system other than encouraging the inventions is the
application and promotion so as to develop the industries, subsequently
that contributes to technological innovation, distribution and transfer of
technology.
2. Copyright
Copyrights are rights under Intellectual Property Rights related to
computer programs protected under Berne Convention, which outline the
literary works and databases protected for a period of not less than 50
years. This copyright covers rental rights and expands internationally. In
public, the authors have the right to prohibit the commercial rental of their
copyright works like computer programme and sound recording
procedures. Films also have this copyright as an exclusive right, where
commercial rental has managed to be widespread. Under this copyright
protection, reproduction of recording and broadcast of live performance
are protected for performers.
3. Trademark
Trademarks are rights under Intellectual Property Rights related to sign or
any combination of sign for any goods or services to make a distinguishing
mark. Any distinguishing mark can be made registration and the registered
trade mark get protection for 10 years and it can be renewed every 10
years indefinitely. Under this trademark, compulsory license provision is
not permitted.
4. Geographical indications
Geographical indications are rights in the aspect of industrial property
under Intellectual Property Rights related to geographical indication
situated being the country or place or the origin of that product. The
geographical indication products are originated from a specific
geographical location, which has definite qualities and reputation for its
quality due to its place of origin. Under this category, place name generally
indicates where the product has been made as product identification.
Consumers can be misled and make unfair completion by using the place
name for the product, which has been made elsewhere or does not meet the
specific quality or character for those particular products.
5. Industrial design
Industrial designs are rights under Intellectual Property Rights related to
any ornamental or aesthetic which have any three-dimensional features
such as the shape or surface of the article or any two-dimensional features
such as patterns, lines or colour.
Industrial design are rights that can be applied to a wide variety of
products made from industry or handicraft which include watches,
jewellery, fashion, other luxury items, house ware, furniture, electrical
appliances, architectural structures, practical goods, textile designs to
leisure items, such as toys and pet accessories.
6. Layout designs of integrated circuits
Layout designs of integrated circuits are rights under Intellectual Property
Rights related to interconnections of an integrated circuit or three-
dimensional disposition prepared for an integrated circuit intended for
manufacture. Under this layout designs of integrated circuits right of
reproduction, right of importation, sale and other distribution for
commercial purposes are prevented.
7. Protection of undisclosed information
Protection of undisclosed information is rights under Intellectual Property
Right related to protection of information that is applied as trade secret,
which has commercial value. The protection of undisclosed information
cannot be considered or treated as a form of intellectual property.
Protection of undisclosed information requires, that the information must
have prevention to disclose, learnt or using the same by others without his
or her permission/consent for commercial purpose.
8. Plant varieties
Plant varieties are rights under Intellectual Property Rights related to the
protection of new plant varieties. Plant variety protection is given to the
breeders as an exclusive right for a limited period to the breeders to
acknowledge the achievements of new plant varieties with the satisfaction
of specific criteria. New plant variety is defined as a plant grouping within
a single botanical taxon of the lowest known rank provided that the plant/
herb should be new or novel, distinct, uniform, stable and have a
satisfactory denomination.
