IPR can be simply defined as the legal protection provided over a person’s creative or initiative by government. This prohibits the hindrance of a third person exclusively.
Writer: Lakshmi S Nath
IPR can be simply defined as the legal protection provided over a person’s creative or initiative by government.
This prohibits the hindrance of a third person exclusively.
Intellectual property rights can be highly beneficial to manufacturers and inventors, where their ideas and creations are highly protected. IPR also helps in promoting healthy competition among society and helps in growth of industries, which in turn benefits the economy.
This legal rights helps in protection of any kind of innovation viz., literal works, discoveries, artistic works or a design or symbol for a specific period of time.
IPR can be broadly classified as
4. Geographical indications
5. Industrial design
6. Plant variety
Copyright is a very helpful legal tool in media and communication industry, where the originally expressed idea is protected as a copyright. It is beneficial to literary, musical, artistic and dramatic works. Copyright helps the owner to get protected his economical and moral rights from a third person. Here if a work is copyrighted then the third person needs to seek the permission of it’s owner for further use. As it is considered as a boon in recording and broadcast industry, wide acceptance and interest was gained by copyright.
Patent is one of most useful legal in agriculture sector. It provides exclusive right for owner to gain commercial benefits from his invention. In this no third person can produce, use or market an invention without the permission of the patent holder. However, it is advised to the patent holder to disclose about the innovation to public through the patent documents. This helps in further research and development of the produce, patents are very useful for biotechnologists where their inventions are strongly protected for a given period of time.
But to get patent right, there are some criteria to be fulfilled by the product for example novelty, that is which ensure that the given invention have never been prior introduced by someone before in any forms. Non obviousness, which ensures the need and efficiency of the product, most useful in industrial sector.
Trademark helps in indication of the origin of product. It clarifies and distinguish how the goods and services provided is different to the public. It is also used as tool for portraying the nature and quality of the product.
It also helps to establish a well connection between the market and proprietor. Usually in this legal protection is provided to a particular name, word, phrase, symbol, number, logo, letter etc. which represents the creation. Usually trademarks are renewable in nature.
This can be considered as a traditional method where the product or good is directly or linked to the area where it is originated or invented and GI enhances the marketing of that particular product as it is well known for its quality. It helps in the farming a particular area behalf of the product. It enhances the reputation of an area. In this law has started at Post independence period in order to provide a strong protection to basmati rice, which was considered as an asset of Indian fields. For example, Palani panchamritham in Palani town of Tamilnadu, Tirur betel leaf from Kerala, Gucci mushroom from Jammu and Kashmir. For a third party GI arises as a barren for trade while for promoters this can be considered as a strong tool for national property rights
In this digital visuals are legally protected, which consists of invention of configuration, shape, composition of line etc.
Design protection helps in the protection of outer layout where a specific colour combinations, shape configuration, arrangements etc are protected from third party.
In this the state or authorties provide protection to the breeder, but the criteria for bring eligible to get protected under this act includes novelty, dissimilarity and distinct to any existing varieties.
Nowadays, most of the developed countries tried to protect through “Sui generis system” which sense uniqueness or one kind. Where the legal protection is provided to the plant breeders, who invents a unique or one of a kind variety, which can be very useful in future and long run.
The Bottom Line
If we check up why Intellectual property rights promoted, because it helps in the progress of creating and inventing new works in different sectors, it helps the public to be aware of new innovations and ideas, as the inventions are legally protected there is no fear of copying or plagiarism.
It helps in the well being of economy and improves quality of products it works as a linkage between innovators and public interest.
Written by - Lakshmi S Nath