All about Intellectual Property Rights
Intellectual
Property Rights (IPRs) are the rights associated with intangible property owned
by a person/company and protected against use without consent. These rights aim
to protect intellectual property (creations of human intellect) by allowing the
creators of trademarks, patents, or copyrighted works to benefit from their
creations. Thus, the purpose of IPR is to reward human intellect by providing
exclusive rights to the creators over their inventions, artistic creation,
musical works, etc. It includes the rights relating to:
1.
literary,
artistic, and scientific works,
2.
performances
of performing artists, phonograms, and broadcasts,
3.
inventions
in all fields of human endeavour,
4.
scientific
discoveries,
5.
industrial
designs,
6.
trademarks,
service marks, commercial names and designations,
7.
protection
against unfair competition, and
8.
All
other rights resulting from intellectual activity in the industrial,
scientific, literary, or artistic fields.
Other
categories of intellectual property include geographical indications, rights in
respect of know-how or undisclosed information, and layout designs of
integrated circuits.
Advantages
of Intellectual Property Rights
1.
IPR
protection gives businesses a competitive advantage over other similar
businesses.
2.
IPR
protection allows prevention of unauthorised use of intellectual property and
works.
3.
IPR
enhances the value of a company and also open up avenues for collaborations and
opportunities for generating income by means of entering into licensing
agreements.
4.
IPR
helps to attract clients and create brand value for the business. For example,
the consumers start identifying your products with the unique logo or
registered trademark.
Here
are some of the Important Components of Intellectual Property Rights
COPYRIGHT
The
term ‘copyright’ concerns the rights of the creators/authors of literary and
artistic works. Copyright gives an author exclusive rights to his creation and
prevents the copying and unauthorised publishing of his work. Copyright
protection is granted to a work that is an original creation.
What
types of work can be protected under copyright?
The
following categories of work typically come under copyright protection:
·
Literary
works such as novels, plays, poems, and newspaper articles
·
Computer
programs and databases
·
Films,
musical compositions, and choreography
·
Artistic
works such as photographs, paintings, drawings, and sculpture
·
Architecture
and advertisements, maps, and technical drawings.
PATENTS
A
patent is an exclusive right granted for an invention or innovation, which
might be a product, a method or a process, that introduces a novel way of doing
something or offers a new technical solution to a problem. A patent is granted
for inventions having industrial and commercial value.
What
kind of protection is given by patents?
·
The
patent owner possesses the exclusive right to prevent others from commercially
exploiting the patented invention.
·
Third
parties are prevented from manufacturing, using, distributing, selling etc. the
patented invention/product without the consent of the patent owner.
TRADEMARKS
AND SERVICE MARKS
A
trademark is a symbol that is used to distinguish the goods of one enterprise
from its competitors. A trademark may consist of a single letter, logo, symbol,
design, or numerals and three-dimensional features such as shape and packaging,
etc.
What
is the purpose of a trademark?
·
A
trademark is a symbol that identifies a product and its source.
·
It
reflects the goodwill of a business.
·
It
assures the consumer about the established quality of the product.
·
It
serves as an advertisement for the product.
·
A
registered trademark provides legal protection to a brand.
·
It
helps to establish a dedicated consumer base by preventing others from
imitating another brand.
GEOGRAPHICAL
INDICATIONS (GI)
A
geographical indication (GI) is used to identify goods having a specific
geographical origin. These indications denote quality, reputation, or other
characteristics of such goods essentially attributable to their geographical
origin. Generally, geographical indications are used for foodstuffs,
agricultural products, wine, industrial products and handicrafts.
Benefits
of registration of GI
·
Confers
legal protection to domestic/national GI which in turn boosts exports.
·
Prevents
others from making unauthorized use of a Registered Geographical Indication.
·
Promotes
the economic well-being of producers of items produced in a specific geographic
area.
CONCLUSION
The
importance of IP in a world of technological, scientific, and medical
innovation cannot be ignored. IP is a valuable asset since it provides a
competitive advantage to the owner over other entities. To make the most out of
IPR, it is advisable to get it registered. An intellectual property right is a
proprietary right on the product of one’s intellect. These rights support
innovation and help the innovators at every stage of the business development,
competition, and expansion strategy. It is also noteworthy that registered and
enforced IP rights enable the consumers to make an informed choice about the
quality, safety, reliability of their purchase.
Disclaimer: The opinions expressed in this article are those of the author's. They do not purport to reflect the opinions or views of The Critical Script or its editor.
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