What are Intellectual Property Rights?
Intellectual property rights (IPR) are the rights given to persons over the creations of their
minds: inventions, literary and artistic works, and symbols, names and images used in
commerce. They usually give the creator an exclusive right over the use of his/her creation for
a certain period of time.
The importance of intellectual property was first recognized in the Paris Convention for the
Protection of Industrial Property (1883) and the Berne Convention for the Protection of
Literary and Artistic Works (1886). Both treaties are administered by the World Intellectual
Property Organization (WIPO).
Intellectual property rights are customarily divided into two main areas:
(i) 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 60 years after the death of the author.
(ii) Industrial property: Industrial property can be divided into two main areas:
Protection of distinctive signs, in particular trademarks and geographical indications.
o Trademarks distinguish the goods or services of one undertaking from those of other
undertakings.
o Geographical Indications (GIs) identify a good as originating in a place where a
given characteristic of the good is essentially attributable to its geographical origin.
o 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.
o The protection may last indefinitely, provided the sign in question continues to be
distinctive.
Industrial designs and trade secrets: 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.
What is the need of IPR?
The progress and well-being of humanity rest on its capacity to create and invent new works in
the areas of technology and culture.
Encourages innovation: The legal protection of new creations encourages the
commitment of additional resources for further innovation.
Economic growth: The promotion and protection of intellectual property spurs economic
growth, creates new jobs and industries, and enhances the quality and enjoyment of life.
Safeguard the rights of creators: IPR is required to safeguard creators and other
producers of their intellectual commodity, goods and services by granting them certain
time-limited rights to control the use made of the manufactured goods.
It promotes innovation and creativity and ensures ease of doing business.
It facilitates the transfer of technology in the form of foreign direct investment, joint
ventures and licensing.
India and IPR
India is a member of the World Trade Organization and committed to the Agreement
on Trade Related Aspects of Intellectual Property (TRIPS Agreement).
India is also a member of World Intellectual Property Organization, a body responsible for
the promotion of the protection of intellectual property rights throughout the world.
India is also a member of the following important WIPO-administered International
Treaties and Conventions relating to IPRs.
Objectives
IPR Awareness: Outreach and Promotion - To create public awareness about the
economic, social and cultural benefits of IPRs among all sections of society.
Generation of IPRs - To stimulate the generation of IPRs.
Legal and Legislative Framework - To have strong and effective IPR laws, which
balance the interests of rights owners with larger public interest.
Administration and Management - To modernize and strengthen service-oriented IPR
administration.
Commercialization of IPRs - Get value for IPRs through commercialization.
Enforcement and Adjudication - To strengthen the enforcement and adjudicatory
mechanisms for combating IPR infringements.
Human Capital Development - To strengthen and expand human resources, institutions
and capacities for teaching, training, research and skill building in IPRs.