What Is Intellectual Property?

:- Intellectual property rights (IPR) are the legal privileges granted to the
inventor or creator to safeguard their intellectual work (in the arts, sciences, literature, etc.) for a specific
period of time. These legal rights grant the inventor or creator, or his assignee, the sole right to fully exploit
their invention or creation for a specific amount of time. These Intellectual property rights are outlined in
Article 27 of the Universal Declaration of Human Rights, which grants the right to gain protection for one's
material and moral interests as a result of the authorship of works of science, literature, or the arts.
The significant body that oversees the global protection of IPRs is the World Intellectual Property
Organisation (WIPO). It oversees the first international treaties to acknowledge the significance of
intellectual property, which were the Paris Convention for the Protection of Industrial Property (1883) and
the Berne Convention for the Protection of Literary and Artistic Works (1886).
Intellectual Property Rights Objectives :- The term "intellectual property" (IP) refers to any original work of
the human mind, including those in the arts, sciences, literature, technology, or other fields. Intellectual
property rights are granted by considering the following objectives: 1. Allowing people to profit financially
or gain popularity from their inventions and creations. 2. to promote an environment where creativity and
innovation can thrive by striking a balance between the interests of innovators and the larger public
interest. 3. To protect traditional knowledge
TYPES OF INTELLECTUAL PROPERTY
1. Patents Definition: A patent is a legal protection granted to an inventor, giving them exclusive rights to
make, use, sell, or import their invention for a certain period, usually 20 years. It protects inventions that
are novel, useful, and non-obvious.
Governing Sections: Patent Act, 1970 (India): Section 2 defines what constitutes a patentable invention,
while other sections such as Section 3 and Section 4 list inventions that are not patentable.
35 U.S. Code (U.S.): Section 101 defines what is patentable, Section 102 discusses novelty, and Section 103
discusses non-obviousness.
2. Trademarks :- Definition: A trademark is a sign, design, logo, or expression that distinguishes products or
services of one business from others. It helps consumers identify the origin of goods or services and
provides the owner exclusive rights to its use.
Governing Sections: Trade Marks Act, 1999 (India): Section 2 defines a trademark, and Sections 9–12 cover
distinctiveness, registration requirements, and grounds for refusal. 15 U.S. Code (U.S. Lanham Act): Section
1127 defines a trademark, and Section 1051 covers the application for trademark registration.
3. Copyrights :- Definition: Copyright protects original works of authorship such as literature, music, art,
and film. It gives the creator exclusive rights to reproduce, distribute, perform, or display their work and
create derivative works. Governing Sections: Copyright Act, 1957 (India): Section 13 defines the types of
works protected, and Sections 14–17 explain the rights of copyright holders and the duration of protection.
17 U.S. Code (U.S.): Sections 101–122 provide definitions, rights, and limitations on copyright.
4. Trade Secrets :- Definition: A trade secret is confidential business information that provides a
competitive advantage. It is not publicly known and must be actively protected by the business. Trade
secrets are protected without formal registration, as long as secrecy is maintained.
Governing Sections: Indian Contract Act, 1872: Though there’s no specific trade secret law in India, Section
27 indirectly protects confidential information. Defend Trade Secrets Act (DTSA), 2016 (U.S.): Defines and
protects trade secrets at the federal level, offering legal remedies against misappropriation.
5. Industrial Designs :- Definition: Industrial designs protect the aesthetic or ornamental aspects of a
product, such as its shape, pattern, or color. It does not protect the functional features of the product.
Governing Sections: Designs Act, 2000 (India): Section 2 defines a design, and Sections 5–11 cover
registration, rights, and infringement. 35 U.S. Code, Chapter 16 (U.S.): Covers the registration and
protection of industrial designs (called design patents in the U.S.).
6. Geographical Indications (GIs) :- Definition: A geographical indication is a sign used on products that have
a specific geographic origin and possess qualities, reputation, or characteristics inherent to that origin. It
protects the name of the region or location from being used inaccurately on similar products.
Governing Sections: Geographical Indications of Goods (Registration and Protection) Act, 1999 (India):
Section 2 defines GIs, and Sections 11–25 explain the registration and protection process.
WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS): Article 22 defines the
protection of geographical indications internationally.
Intellectual Property Rights in India :- Since the inception of intellectual property rights, India has been
committed to their preservation in domestic as well as international frameworks.
KAPILA: A systematic, comprehensive effort called "KAPILA, Kalam Programme for IP Literacy and
Awareness" addresses the current barriers in the innovation ecosystem, particularly in our HEIs.
This programme will raise appropriate awareness among students and faculty of higher education
institutions about the value of filing IP, the processes involved, and the laws governing IP filing in India and
worldwide.
International membership: Being a member of the World Trade Organisation, India is committed to the
Agreement on Trade-Related Aspects of Intellectual Property (TRIPS Agreement).
India is also a member of the World Intellectual Property Organisation.
Legal Provisions
The legal provisions for various types of intellectual property rights are:
Indian Patents Act: The law that oversees patents in India is the Patents Act of 1970.
The Indian Patent Act is administered by the Office of the Controller General of Patents, Designs, and Trade
Marks, or CGPDTM. Its major amendment was in 2005.
Design Act of 2000: The act's protections support innovation and serve to safeguard both manufacturers'
and consumers' interests.
Trademarks Act of 1999 and its amendment of 2010: It has unique clauses associated with trade mark
registration internationally. Within eighteen months, an international application may be filed in India to
extend protection to the specified nations.
The Geographical Indications of Goods (Registration and Protection) Act, 1999: A law to improve the
protection and registration of geographical indications associated with products.
Also, there are various guidelines related to patents, trademarks and geographical indications.
Advantages of IPR :- 1. Economic growth 2. Fostering of culture 3. Technical information dissemination
4. Impetus to fair competition 5. Research and development 6. "Open source" is dependent on IPR
7. Collateral used to secure financing //// Intellectual Property Rights Disadvantages
1. Extra Charges for Creators 2. Piracy 3. Decreasing Quality 4. Worldwide Inequities
5. Costly nature of patented products