Intellectual property rights (IPR) vest exclusive legal monopolies upon the creators or inventors of qualifying subject matter
Intellectual property rights (IPR) vest exclusive legal monopolies upon the creators or inventors of qualifying subject matter (e.g., patents, trademarks, copyrights, etc.,), enabling them to commercially exploit their works, inventions, or other protected creations through defined periods while barring unauthorized use by others. IPR plays a robust role in the modern economy by protecting investments on research & development, time and financial resources. It fosters economic growth, healthy competition and encourages industrial development. Intellectual Property can be broadly categorized into six types namely:
- Patent Law – It is an exclusive right granted for the invention, allowing the owner to dictate the usage of the invention by others. In exchange the inventor makes technical information about the invention publicly available in the published patent document. Additionally, patent is granted only to the inventions that satisfy the novelty and utility requirements under the strict procedures prescribed under the Indian Patents Act 1970.
- Copyright Law – It grants the rights to the creators over their literary and artistic works, such as books, musical compositions, sculptures, films, writings, paintings, computer programs, etc., for the lifetime of the author/owner and for a period of 60 years from the author’s / owner’s death. The owner of the copyright holds exclusive rights to commercially exploit their creative work, granting them the authority to control its reproduction, distribution, and public display enabling the copyright owner to generate income through royalties.
- Trademark Law – It indicates a symbol, phrase, or insignia that distinguishes goods and services of one enterprise from those of others. This can date back to ancient times and can be in the form of images, sounds, words, distinctive packaging, or even unique sound or aromas. The Trade Marks Act, 1999 governs trademark protection in India.
- Industrial Design- It constitutes the ornamental or aesthetic elements of an object used commercially. This design can encompass three-dimensional attributes like the article’s shape or surface, as well as two-dimensional features such as patterns, lines, or color.
- Trade Secrets – This includes the IP rights on confidential information that can be sold or licensed. It can be a product, process, or marketing strategy. The owner has the right to take legal action against anyone who misuses the secrets contrary to honest commercial practices.
- Geographical Indications- It serve as indicators applied to products originating from a particular geographical location, showcasing distinct qualities, reputation, or characteristics inherently linked to that specific place of origin. Typically, such indications prominently feature the name of the goods’ original location.
- Plant Varieties- The Plant Varieties Protection system is an essential framework designed to protect the rights of both plant breeders and farmers while encouraging the development of new plant varieties. By granting exclusive rights to breeders, it promotes innovation and investment in research, leading to diverse and improved plant varieties. The PVP system thus strikes a balance, fostering agricultural innovation and ensuring fair access to plant varieties for sustainable growth.
- SICLD – Semiconductor Integrated Circuits Layout-Design (SICLD) commonly known as “chips” or “micro-chips,” are the electronic circuits in which all the components (transistors, diodes and resistors) are assembled in a certain order on the surface of a thin semiconductor material. In India it is governed under the Semiconductor Integrated Circuits Layout Design (SICLD) Act 2000 and the Semiconductor Integrated Circuits Layout-Design (SICLD) Rules 2001.
TRIPS is the grund norm for the protection of intellectual property among the member nations. It is administered by the World Trade Organization (WTO). It provides protection for patents, copyrights, trademarks, geographical Indications and trade secrets, etc., and sets rules for the enforcement of IPR worldwide. India is one of the 160 nations that are signatories to TRIPS agreement. This membership emphasizes India’s commitment towards international standards for intellectual property protection and signifies its role in fostering collaboration and partnerships on a global scale. TRIPS serves as a platform for promoting innovation, fair trade practices, and knowledge-sharing, aligning with India’s dedication to advancing technology and science for the benefit of its citizens.