Intellectual property (IP) refers to creations of the mind.
These are intangible assets that can
be legally protected from unauthorized use, distribution, or sale, similar to physical property.
The purpose of intellectual property rights (IPR) is to provide creators and innovators with
exclusive rights over their creations, thereby incentivizing creativity and innovation for the
benefit of society.
Types of Intellectual Property:
The four main types of intellectual property are:
1. Patents:
o What it protects: Inventions – new and useful processes, machines, articles
of manufacture, compositions of matter, or any new and useful improvement
thereof. This also includes ornamental designs (design patents) and new plant
varieties (plant patents).
o Purpose: Grants the inventor exclusive rights to make, use, sell, and import
the invention for a limited period (typically 20 years from the filing date for
utility patents). In return, the inventor must disclose the technical information
about the invention to the public.
o Examples: Pharmaceutical drugs, technological devices, specific
manufacturing processes.
2. Copyrights:
o What it protects: Original works of authorship, expressed in a tangible
medium. This includes literary, dramatic, musical, and artistic works like
books, music, paintings, sculptures, films, computer programs, databases,
photographs, and architectural designs.
o Purpose: Grants the creator exclusive rights to reproduce, distribute, perform,
display, and create derivative works from their original creation.
o Duration: Generally lasts for the life of the author plus a certain number of
years after their death (e.g., 70 years in many countries, including the US, and
60 years in India).
o Examples: Novels, songs, movies, software code, paintings.
3. Trademarks:
o What it protects: Signs capable of distinguishing the goods or services of one
enterprise from those of other enterprises. This can include words, names,
symbols, logos, phrases, designs, or even sounds and colors.
o Purpose: Helps consumers identify the source of goods and services,
preventing confusion and protecting a company's brand reputation.
o Duration: Can be maintained indefinitely as long as the mark is in use and
renewals are filed.
o Examples: The Nike "swoosh," the Coca-Cola logo, McDonald's "Golden
Arches."
4. Trade Secrets:
o What it protects: Confidential business information that provides a
competitive advantage. This information is not generally known to the public
and is subject to reasonable efforts by the owner to maintain its secrecy.
o Purpose: Protects proprietary information crucial to a business's operations
and competitive edge without requiring registration.
o Duration: Can last indefinitely as long as the information remains
confidential.
o Examples: The formula for Coca-Cola, proprietary manufacturing processes,
customer lists, marketing strategies.
Other types of IP recognized in some jurisdictions include:
Industrial Designs: Protects the ornamental or aesthetic aspect of an article (its
shape, configuration, pattern, or ornament).
Geographical Indications (GIs): Signs used on goods that have a specific
geographical origin and possess qualities or a reputation due to that origin (e.g.,
Darjeeling Tea, Champagne).
Layout Designs of Integrated Circuits: Protects the three-dimensional arrangements
of elements and interconnections in integrated circuits.
Plant Varieties (or Plant Breeder's Rights): Protects new plant varieties.
Intellectual Property Rights in India:
India has a robust legal framework for IPR, aligning with international agreements like the
TRIPS Agreement (Trade-Related Aspects of Intellectual Property Rights) of the WTO. Key
legislations in India include:
The Patents Act, 1970 (amended in 2005): Governs patent protection.
The Copyright Act, 1957 (amended in 2012): Protects literary, artistic, and musical
works.
The Trade Marks Act, 1999: Regulates trademark registration and protection.
The Designs Act, 2000: Deals with industrial designs.
The Geographical Indications of Goods (Registration and Protection) Act, 1999:
Protects geographical indications.
The Semiconductor Integrated Circuits Layout-Design Act, 2000: Protects layout
designs of integrated circuits.
The Protection of Plant Varieties and Farmers' Rights Act, 2001: Protects new
plant varieties and the rights of farmers.
The administration of patents, designs, trademarks, and geographical indications in India falls
under the Controller General of Patents, Designs and Trade Marks (CGPDTM), which is
under the Ministry of Commerce and Industry. Copyright is administered by the Ministry of
Human Resource Development.
Intellectual property is a crucial aspect of modern economies, fostering innovation, creativity,
and economic growth by providing a legal framework for protecting the creations of the
human mind.
