Intellectual Property Rights Meaning and Objectives

Intellectual property rights are the rights given to persons over the creations of their minds. They usually give the creator an exclusive right over the use of his/her creation for a certain period of time.

Intellectual property rights are customarily divided into two main areas:

1. Copyright and rights related to copyright

The rights of authors of literary and artistic works (such as books and other writings, musical compositions, paintings, sculpture, computer programs and films) are protected by copyright, for a minimum period of 50 years after the death of the author.

Also protected through copyright and related (sometimes referred to as “neighbouring”) rights are the rights of performers (e.g. actors, singers and musicians), producers of phonograms (sound recordings) and broadcasting organizations. The main social purpose of protection of copyright and related rights is to encourage and reward creative work.

2. Industrial property

Industrial property can usefully be divided into two main areas:

One area can be characterized as the protection of distinctive signs, in particular trademarks (which distinguish the goods or services of one undertaking from those of other undertakings) and geographical indications (which identify a good as originating in a place where a given characteristic of the good is essentially attributable to its geographical origin).

The protection of such distinctive signs aims to stimulate and ensure fair competition and to protect consumers, by enabling them to make informed choices between various goods and services. The protection may last indefinitely, provided the sign in question continues to be distinctive.

Other types of industrial property are protected primarily to stimulate innovation, design and the creation of technology. In this category fall inventions (protected by patents), industrial designs and trade secrets.

The social purpose is to provide protection for the results of investment in the development of new technology, thus giving the incentive and means to finance research and development activities.

A functioning intellectual property regime should also facilitate the transfer of technology in the form of foreign direct investment, joint ventures and licensing.

The protection is usually given for a finite term (typically 20 years in the case of patents).

While the basic social objectives of intellectual property protection are as outlined above, it should also be noted that the exclusive rights given are generally subject to a number of limitations and exceptions, aimed at fine-tuning the balance that has to be found between the legitimate interests of right holders and of users.

Objectives of Intellectual Property Rights

1. To create public awareness about the benefits of Intellectual property among all sections of society.
2. To stimulate the creation and growth of intellectual property by undertaking relevant measures.
3. To have strong and effective laws with regard to IP rights, consistent with international obligations.
4. To modernise and strengthen IP administration.
5. To catalyse commercialization of IP rights.
6. To strengthen the enforcement and adjudicatory mechanisms for combating IP violations and to promote awareness and respect for IP rights.
7. Capacity development by strengthening and expanding human resources, institutions for training, research and skill building in IP.

Further, the government hasn’t been half-hearted in its endeavor to provide us with better IP regulations. It has not only drafted a policy but intends to undertake some well thought out measures to achieve the objectives of the same.

It provides for a regime for technology transfer and licensing for Standard Essential Patents (SEPs), trade secrets, addressing illegal duplication of cinematographic films.

Take a look at the measures the government plans to undertake to bring this idea to completion so that people can get maximum benefits.

• Bringing the administration and implementation of all IP laws under the Department of Industrial Promotion and Policy (DIPP). They were previously administered by the Ministry of Human Resource Development and Ministry of Communications and Technology.
• Performing an IP audit to identify sector-wise reforms.
• Enhancing Information and Communications Technology infrastructure at different levels for making the administration process more efficient.
• Promoting infusion of funds to Research & Development.
• Launching a nationwide promotion campaign titled “Creative India; Innovative India” to increase awareness about the benefits of the new IPR policy in India. A “Cell for IPR Promotion and Management” under the command of DIPP for promotion, creation and commercialization of IP assets may also be constituted.
• Expanding the ambit of Traditional Knowledge Digital Library to allow public research institutions and private players to use it.
• Strengthening the enforcement mechanism for better protection of IPR.
• Providing incentives to promote Research & Development by providing tax benefits and financial support for products based on Intellectual Property Rights generated from public funded research. Those IPRs would need to be treated as mortgageable assets.
• Developing IPR expertise in the industry, academia and legal fraternity. By developing Intellectual property rights curriculum, the Policy intends to raise awareness of IP issues.

This progressive step by the government to bring efficacy in the Intellectual Property regime is a welcome change. Considering how Intellectual Property is one of the most important assets of startups, the strengthening of the IP culture in India would be nothing but a huge boost to them.

But, since the policy does not recommend any changes in the present law but only envisages need for such changes, its overall effect remains to be assessed.