Lecture 1 Introduction Intellectual Property PDF

Lecture 1 INTRODUCTION Intellectual property (IP) refers to the creations of the human mind like inventions, literary and artistic works,and symbols, names, images and designs used in commerce. It is a term used to describe the legal rights that arise from the creations of the human intellect. The...

Lecture 1 INTRODUCTION Intellectual property (IP) refers to the creations of the human mind like inventions, literary and artistic works,and symbols, names, images and designs used in commerce. It is a term used to describe the legal rights that arise from the creations of the human intellect. The main aim of intellectual property protection is to encourage innovation and creativity by providing exclusive rights to creators and inventors. It allows them to control the use of their creations and benefit from them. Intellectual property rights provide a legal framework for the protection and enforcement of such creations. Intellectual property is divided into two categories: Industrial property, which includes inventions (patents), trademarks, industrial designs, and geographical indications of source; and Copyright, which includes literary and artistic works such as novels,poems and plays, films, musical works, artistic works such as drawings, paintings, photographs and sculptures, and architectural designs. Rights related to copyright include those of performing artists in their performances, producers of phonograms in their recordings, and those of broadcasters in their radio and television programs. The most noticeable difference between intellectual property and other forms of property, however, is that intellectual property is intangible, that is, it cannot be defined or identified by its own physical parameters. It must be expressed in some discernible way to be protectable. Generally, it encompasses four separate and distinct types of intangible property namely — patents, trademarks, copyrights, and trade secrets, which collectively are referred to as “intellectual property.” However, the scope and definition of intellectual property is constantly evolving with the inclusion of newer forms under the gambit of intellectual property. In recent times, geographical indications, protection of plant varieties, protection for semi-conductors and integratedcircuits, and undisclosed information have been brought under the umbrella of intellectual property. IP is protected by law, for example, patents, copyright and trademarks, which enable people to earn recognition or financial benefit from what they invent or create. The goal of the intellectual property (IP) system is to encourage creativity and new ideas. It does this by making sure that inventors and creators are rewarded for their work, while also making sure that everyone else benefits from it too. Intellectual property rights are granted for a limited period, and the duration varies depending on the type of protection. Patents, for example, are granted for 20 years from the date of filing, while copyright protection lasts for the lifetime of the creator plus a certain number of years after their death. IP is an essential aspect of many industries, including technology, pharmaceuticals, entertainment, and fashion. It enables businesses to differentiate their products and services, establish brand recognition, and gain a competitive advantage in the marketplace. Intellectual property rights are enforced through legal remedies such as injunctions, damages, and royalties. They are essential to fostering innovation, creativity, and economic growth, but Raji Namboodiri –PGS503 Page 1 they also raise important social and ethical questions about access to knowledge, cultural expression, and the balance between private and public interests. Need for IP regime Role of IP in the Economic and Cultural Development of the Society Creativity being the keystone of progress, no civilized society can afford to ignore the basic requirement of encouraging the same. The economic and social development of a society is largely dependent on creativity. The protection provided by the IPR to the creators/innovators is in fact an act of incentivization for encouraging them to create more and motivates others to create new by providing a legal framework to protect and commercialize novel ideas and inventions. For example, patents grant inventors exclusive rights to their inventions for a limited period, allowing them to recoup their investment in research and development and enjoy a competitive advantage in the market. This protection encourages inventors and businesses to invest in innovative projects, driving technological advancements and economic growth. While intellectual property rights encourage innovation, they can also limit competition if not properly managed. By granting exclusive rights, these rights may create barriers to entry for new competitors, hindering market competition. For instance, a company holding a patent for a crucial technology may prevent other players from entering the market or developing similar products, resulting in a lack of choice for consumers and potentially stifling further innovation. IP as a Global Indicator of Innovation IP, especially patents, is considered as one of the important cogs in assessing the innovation index of a nation. The global ranking organizations always have IP or a subset of IP as one of the parameters for understanding and grading the Science, Technology and Innovation (STI) ecosystem of a nation. For example, the Scimago (publically available online portal which ranks journals and countries based on the data taken from Scopus) 2020 reportranked India at 4th position in the parameter of a number of ‗Research Publications‘, and 50th position in the parameter of ‗Intellectual Property Rights‘. The global ranking can be improvedby sensitizing the teaching and scientific communities about the importance of IP and creating infrastructure for the same in the institutes of higher learning. Role of IP balancing innovation and competition. These rights, such as patents, copyrights, and trademarks, provide inventors, creators, and businesses with exclusive rights to their innovations, ensuring that they can reap the rewards of their hard work and creativity. However, it is essential to strike a balance between protecting these rights and fostering healthy competition in the marketplace. To strike a balance, policymakers need to carefully design intellectual property laws that promote innovation while ensuring fair competition. One approach is to establish mechanisms Raji Namboodiri –PGS503 Page 2 for licensing intellectual property rights, allowing other companies to use patented technologies under specific conditions. By doing so, competition can be maintained, while inventors still receive compensation for their innovations. This approach has been successfully employed in industries such as telecommunications, where companies often license each other's patents to facilitate compatibility and foster healthy competition. Another way to balance innovation and competition is through the concept of fair use, which allows limited use of copyrighted materials without obtaining permission from the copyright owner. Fair use exceptions enable creativity, research, and education without stifling competition or hindering innovation. For example, in the music industry, artists often sample small portions of copyrighted songs in their own compositions, creating innovative and unique pieces while respecting the original creators' rights. Role of IPR to maintain balance between interests of creators/innovators and community To circumvent the negative impact of IPR, certain laws, exceptions and limitations associated with IPR have been enacted to maintain a balance between the interests of the creators/inventors and the community. For example, farmers‘ rights under the Protection of Plant Varieties and Farmers‘ Rights (PVP&FR) Act, 2001 entitles them to many privileges, such as ‗Rights on seeds’ provides rights to the farmers to save seeds, use seeds and share,exchange or sell seeds to other farmers and ‗Right to protection against accusations of infringement’ protects the farmers from infringement and other legal accusation levied upon them due to his legal ignorance in using other‘s plant varieties. The use of copyrighted material for education and religious ceremonies is exempted from the operation of the rights granted in the Copyright Act. Similarly, a patent can be revoked in favour of compulsory licensing by the government during an emergency or a natural calamity. In addition, if an invention/creation is not in the interest of society, it is not registered by the government for grant of any rights associated with IP. For example, cloning of human embryos is banned for IP protection, and so is the creation of super microbial pathogens, which can play havoc with human lives. Objectives of Granting IPR i. To enhance the performance levels of institutions. ii. To give recognition and financial benefits to the efforts for the creativity iii. To create competition among the researchers and institutions for quality of research iv. To have return on investment in research v. To fasten the technology transfer through licensing and other means vi. Society benefits in the long term because intellectual property protection encourages creation and invention, which become available to society at the earliest. When the period of protection expires and the creations and inventions enter the public domain, the public can realize benefits at low cost. Raji Namboodiri –PGS503 Page 3 Competition in the domestic and global markets, among other factors, is increasingly being driven by innovation, quality and cost in today's world. Institutions and individuals have to attain innovative capabilities of their product, which need protection, to ensure that innovations are rewarded, reach to public in shortest time and benefits are not taken away by others. Emerging Importance of IPR In developed countries the IPR portfolio has now become an effective platform for benchmarking of intellectual assets and enhancing innovative capabilities of institutions, business entrepreneurs and researchers. This is being used extensively in today's world for acquisitions, strategic alliances, licensing arrangements and venture capital funding in industries. Infact, industries have now realized that the patented technologies have potential for their industrial growth as they are time appropriate and can be marketed easily. So they look for such technologies. It is important to appreciate the salient features of IPR and integrate them in institutional working so that one can not only create new and useful inventions that go into products and processes but also generate appropriate IPR and enforce them. India has already started working on bilateral trade agreements keeping in view the IPR issues. The latest one is with Switzerland which will help in the development of continued institutional cooperation for regular technical exchanges between institutions in the two countries to promote trade. Capacity building on IPR issues has become important as the whole trade is shifting fast keeping IPR as tool of promotion of trade and collaboration. The WTO's Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), negotiated in the 1986-94 Uruguay Round, introduced intellectual property protection rules into the multilateral trading system for the first time. Before the WTO's Uruguay Round, intellectual property laws were a matter for domestic policy. But the introduction of the TRIPS Agreement made it mandatory for all WTO members to provide for internationally acceptable and enforceable patent protection for new inventions in all areas of technology. Raji Namboodiri –PGS503 Page 4