What are intellectual property rights?
Intellectual property rights are the rights given to persons over their minds’ creations. They usually give the creator an exclusive right to use his/her creation for a certain period of time.
Intellectual property rights are divided into two main areas:
Copyright and copyright rights
Copyright protects authors of literary and artistic works (such as books and other writings, musical compositions, paintings, sculptures, computer programs, and films) for a minimum period of 50 years after the author’s death.
Also protected through copyright and related (sometimes referred to as “neighboring”) 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 copyrights and related rights is to encourage and reward creative work.
Industrial property
Industrial property can be easily 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 protect consumers. This is done by enabling them to make informed choices between various goods and services. The protection may last indefinitely, provided the sign in question remains unique.
Other types of industrial property are protected to stimulate innovation, design, and technology creation. Patented inventions, industrial designs, and trade secrets fall under these categories.
The social purpose is to protect the results of investment in the development of new technology. This gives the incentive and means to finance research and development activities.
A functioning intellectual property regime should also facilitate technology transfer in the form of foreign direct investment, joint ventures, and licensing.
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 between the legitimate interests of right holders and users.
100-Word Essay on Intellectual Property Rights
In some jurisdictions, copyright, patents, trademarks, trade secrets, and industrial design rights are also considered common intellectual property. The extent of protection and enforcement of intellectual property rights varies greatly from country to country.
Common law and statute play a significant role in IP law relating to intellectual property creation and protection. Since trademarks, patents, and copyrights are under private ownership for an extended period of time, specific statutes concern the creation and use of such concepts.
150 Word Essay on Intellectual Property Rights
A trademark, a copyright, or a patent are considered incorporeal assets. These are known as IPR. The author owns the musical copyright in respect of songs, tunes, and literary and artist copyright.
Thus, in this case of IPR, the subject matter of proprietary interest is not the product (such as a book, or a cassette), but the exclusive right of the author or singer, or inventor to publish a book record music, or manufacture a particular thing or allow others to do so only at his behest.
When a proprietary interest or right is limited in the sense that it can only be used against a specific individual, it cannot be termed property. In such a situation it pertains to obligations only. It is only when a proprietary interest is available to the whole world that it is called ‘property’.
250 Word Essay on Intellectual Property Rights
Intellectual Property Rights are those rights of an inventor which protect his rights over a method or process for a limited time. This is to prevent being copied or used by others. His inventions are protected by these exclusive rights, which allow him to use, exercise, or lend them out. Patient Rights, Trademark Rights, Copy Rights, etc. Come under Intellectual Property Rights.
The Patent Act is a law that governs inventor rights. It is his right, exclusively, to earn profit from his inventions and their processes. He can exclude others from using his method patented under the Act.
In India, the Patent Act was introduced in 1970, under which many scientific processes and procedures were patented by Agriculture Scientists and researchers, individually or by organizations. Medicines were also protected under this regime.
In order for India to accept the Patent provisions of the World Trade Organization, the provisions of the Patent Act of 1970 will have to be modified. This will again make Indian producers of agriculture seeds and other products, medicines, and pharmaceutical products required to patent or register their inventions or research.
They will have to face economic, legal, and technological problems to compete against foreign producers if these provisions are implemented. Therefore, Indian scientists are concerned about the agricultural and pharmaceutical patents they have got under the Indian Patent Act-1970. Now they have to face economic difficulties. Prices of these products will rise very high. The proposed patent law will also disadvantage Indian companies and scientists.
300 Words Essay on Intellectual Property Rights
Introduction:
At present, the international system for intellectual property rights protection is embodied in the legal framework provided by the World Intellectual Property Organization. However, the West perceives existing laws as inadequate.
Therefore, the West has launched strong pressure and campaign in the Uruguay Round negotiations to create more strict laws for an international system for intellectual property rights. These laws include provisions for dispute settlement and enforcement as part of the multilateral trading system.
Trips’ Article 27.3 mandates that microorganisms should be patented; in other words, life should be patented. It will have far-reaching consequences for developing countries.
Development of thought:
Intellectual Property Rights (IPR) particularly on product patents have been viewed by India as a barrier to foreign investment and an irritant in our trade relations with the USA. And other developed countries. Most countries accept stringent rules.
The laws in India relating to copyright and trademarks are very strong, but it is in enforcement that there is a weakness. The major controversy relates to product-process patenting. India allows process patents but not product patents.
Indian companies, therefore, are legally in the right when marketing international products, through slight modifications in manufacturing processes. This is what the USA is targeting. Product patenting can adversely affect the Indian pharmaceutical industry, but it won’t take long before it does. India too must follow the world trend.
Conclusion:
It is time India stands on its own feet and gives leadership to the developing countries as we have done in the past.
The attitude towards Intellectual Property Rights adopted by any group or political formation will be the touchstone of its patriotism. This is in the face of a serious attempt by US imperialists to decolonize us and take us back to the days of British Viceroys and Governor Generals.
500 Words Essay on Intellectual Property Rights
Intellectual Property Rights (IPR) protect innovative ideas to use and sell an original product or technology. The protection is granted solely to the inventor or corporation, which files a claim on investors’ behalf, for a limited time. This may take the form of patents, trademarks, or copyrights. IPRs are legally enforceable but with a limited monopoly provided by the state to the inventor. Within the specified time frame for which the idea or technology is granted, no one else can copy the idea or technology. This allows innovators to commercialize it and recoup any investment in research and development. Intellectual property has two characteristics that lend it to special legal protection.
The first is that it tends to have a high development cost and the second is that it has low reproduction costs. For example, it may cost more than a few crores to bring an innovative drug to the market. However, after the drug is available, a competent chemist could reproduce it at a fraction of the cost. Similarly, among any other product or procedure, computer software or writing is the easiest to copy.
The areas where IPR requirements are most pronounced are:
- Agriculture – Plant varieties including Genetically Modified Organisms (GMOs).
- Manufacturing
- Information about products
In this debate and debate about the need for IPRs, an emphasis is placed on the welfare of the innovator as well as remuneration for his efforts, against the welfare of society as a whole, which would benefit from access to the innovation if it were accessed.
The argument for IPR protection is that there would be less innovation without protection as no one would be willing to shell out large amounts of money or even innovate to develop new products/technologies/processes if their innovation could be immediately copied by others; the stronger the IPR protection, the more monitoring rewards can be recouped by the innovator and thus more innovation tends to occur.
However, it cannot be overlooked that the overriding need for welfare for all rich and poor is to have affordable access to innovative results that lead to sustainable development.
It is important to note that while on the one hand, the financial incentive for innovation is a key justification for IPRs, on the other hand, IPR systems can severely hamper the very innovation they are intended to spur as the sharing and spread of innovative knowledge would get restricted in the hands of only a few who can invest in it.
To bring all the countries at par, the Trade Related Intellectual Property Rights (TRIPs) were formulated in January 1995, under which all member countries must bring their national IPR laws into conformity with certain provisions. However, the provisions generated so much controversy and debate that the final agreement states that the conditions “shall be reviewed every four years from the date of entry into force”.
Each time the issue arises, we need to weigh the benefits of IPR protection for innovators (and countries) and the lack of it for humanity and sustainable development overall.