What is Intellectual property (IP)?
Intellectual property (IP) deals with the creations of the human intellect and protects the creations of the human mind, the human intellect. This is why this kind of property is called “intellectual property”. Intellectual property is a cluster of legally recognized rights associated with innovation and creativity – the works of the mind, as against physical products, land and other tangible resources. Even though it is intangible, intellectual property (IP) is often recognized as personal property, to be sold and traded like other forms of property.
What is Intellectual Property Rights (IPR)?
Intellectual property rights (IPR) are the rights awarded by society to individuals or organizations principally over Intellectual Property i.e., creative works: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce. They give the creator the right to prevent others from making unauthorized use of their property for a limited period.
Categorization of IPR
IPR
Industrial Property
Artistic & Literary Property
Sui generis System (“Latin Word means “of its own kind”)
Industrial Property
Patents
A patent is an exclusive right awarded or granted by the government of a country to an inventor to prevent others from making, selling, distributing, importing or using their invention, without license or authorization, for a fixed period of time
(TRIPS stipulates 20 years minimum from filing date). In return, society requires that the patent applicant disclose the invention in a manner that enables others to put it into practice. This increases the body of knowledge available for further research. As well as sufficient disclosure of the invention, there are 3 requirements (although details differ from country to country) that determine the
patentability of an invention: novelty (new characteristics which are not “prior art”), non-obviousness (an inventive step not obvious to one skilled in thefield), and utility (as used in the US) or industrial applicability (as used in the UK) or susceptible for industrial application (as used in the Europe).
Industrial Designs
Industrial designs protect the aesthetic aspects (shape, texture, pattern, colour) of an object, rather than the technical features. TRIPS require that an original design be eligible for protection from unauthorized use by others for a minimum of 10 years. A "design" connotes an element or characteristic completely separate from the object it enhances or to which it is applied. As with utility models, there are no international common standards for design protection. States are therefore free to protect designs under copyright law or under sui generis design law. Most Sui generis- design laws in the world are fashioned upon patent law. Usually, the design is registered (or deposited) and thereby granted protection, if it meets a novelty criterion (ranging from domestic novelty to universal novelty). The proprietor of the design thus has the right to prevent any third person from producing an identical or similar design, even if the latter design arises from an independent creation.
Trademarks
Trademarks provide exclusive rights to use distinctive designs, such as symbols, colours, letters, shapes or names to identify the producer of a product, and protect its associated reputation. In order to be eligible for protection a mark must be distinctive of the proprietor so as to identify the proprietor’s goods or services. The main purpose of a trademark is to prevent customers from being misled or deceived. The period of protection varies, but a trademark can be renewed indefinitely. In addition to this many countries provide protection against unfair competition, sometimes by way of preventing misrepresentations as to trade origin regardless of registration of the trademark.
Geographical Indications (GIs)
Geographical Indications identify the specific geographical origin of a product, and the associated qualities, reputation or ther characteristics. They usually consist of the name of the place of origin. For example, food products sometimes have qualities that derive from their place of production and local environmentalfactors. The GI prevents unauthorized parties from using a protected GI forproducts not from that region or from misleading the public as to the true origin ofthe product. WTO Members are free as to make available the legal means forsuch protection. Some Members provide for a sui generis form of protection,while others apply their domestic rules on collective marks or certification marks.
Trade Secrets
Trade secrets consist of commercially valuable information about production methods, business plans, clientele etc. they are protected as long as they remain secret by laws that prevent acquisition by commercially unfair means and unauthorized disclosure.
Artistic and Literary Property
Copyright
Copyright grants exclusive rights to the creators of original literary, scientific and artistic works. Copyright only prevents copying, not independent derivation. Copyright protection begins, without formalities, with the creation of the work, and lasts (as a general rule) for the life of the creator plus 50 years (60 years in India and 70 years in the US and EU). It prevents unauthorized reproduction, public performance, recording, broadcasting, translation, or adaptation, and allows the collection of royalties for authorized use. Computer programs are protected by copyright, as software source and code have been defined as literary expression.
Integrated Computer Circuits
It is a special sui generis form of protection for design of integrated computer circuits. As the inventive step is often minimal and originality is the only requirement, the minimum period of protection under TRIPS is 10 years.
Database Protection
The EU has adopted legislation to provide sui generis protection in respect of databases, preventing unauthorized use of data compilations, even if nonoriginal. Exclusive rights to extract or utilize all or a part of the contents of the protected database are granted.