Saturday, July 16, 2022

INTELLECTUAL PROPERTY RIGHTS (IPR)

The constitutional right granted by the government of a country to the creator or owner of any intellectual property to exclude others from using the same commercially for a given period of time is called Intellectual Property Right. It is framed for the benefit of all inventors, creators, writers, etc. to get a fare share of it's commercial use in the name of copy rights. 

The creator gets exclusive rights for his / her intellectual property, that is a creation of the mind or brain, such as a poem, a story, a logo, a painting, a scientific discovery or a cooking recipe. No one can use the same concept without legal consent of the original creator as per the Intellectual Property Rights (IPR). 

Traditional knowledge also come under IPR system. It is usually the biopirates, who steal traditional knowledge such as the uses of some plants for specific diseases and market it commercially by making modern medical combinations. 

The following categories are generally included in the IPR system.

1. Industrial designs.

2. Literary and artistic works.

3. Scientific discoveries.

4. Performances of performing artists. 

5. trade marks, logos, commercial names, designations etc.

6. traditional knowledge.

IP is divided into two categories for ease of understanding

1. Industrial Property 2. Copyright

Industrial property, which includes inventions (patents), trademarks, industrial designs, and geographic 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. 

Properties are of two types - tangible property and intangible property i.e. one that is physically present and the other which is not in any physical form. Building, land, house, cash, jewelry are few examples of tangible properties which can be seen and felt physically. IP is intangible property.

The different types of Intellectual Property Rights are

i. Patents - Mainly given for discoveries eg: Electric Bulb, Car Engine, etc.

ii. Copyrights - Given for Stories, poems, etc.

iii. Trademarks- Given for trade names, product names etc. represented by TM

 iv. Industrial designs 

v. Protection of Integrated Circuits layout design 

vi. Geographical indications of goods - Ususally given to products from a specific geographical place. eg: Marayur Sharkara, Kasaragod Saree, Arnmula Kannadi, Darjeeling tea, Kanjipuram silk, Nagpur orange. 

vii. Biological diversity 

viii. Plant varieties and farmers rights 

IPR acts in India:

1. Indian Patents Acts, 1970

2. Indina Patents (Amendment) Act, 1999.



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