Intellectual Property Rights should be protected and promoted

TANMOY MUKHERJEE INSTITUTE OF JURIDICAL SCIENCE

Dr. Tanmoy Mukherjee    

 [Advocate]

 

 

Intellectual Property Rights should be protected and promoted-

Tanmoy Mukherjee

       [Advocate]

Intellectual Property refers to legal rights granted to creators and inventors for their creations of the mind. These rights provide recognition and economic benefit to the creators by preventing unauthorized use or copying.

Categories-

Types	Description	Description
Copyright	Protection for original Literary, Musical and Artistic Works.	Book, Music films
Patent	Exclusive rights inventions (new useful and non-obvious)	New drug, machine
Trademark	Protects Brand names, Logos, slogan	Coca-cola, Nike, Adidas
Design	Production of aesthetic features of an article.	Shape, design of bottle.
Geographical Indication	Indicates goods originated in a particular area.	Darjeeling Tea, Basmati Rice.
Trade secret	Confidential information with commercial value.	Coca-Cola formula

 Importance of Protecting IP-

1. Encourages innovation and creativity-

-Legal protection motivates individual and companies to invest time, money and effort to research and development.

-Ensures inventors to gain exclusive right and financial benefit.

2. Economic Development-

-Intellectual property intensive industries contribute significantly to GDP and employment.

-Promotes FDI (Foreign Direct Investment) by ensuring a stable intellectual property environment.

3. Cultural Growth-

-Copyright protects traditional knowledge and art.

-Preserves indigenous innovations and cultural expressions.

4. Consumer Protection-

-Trademarks ensure product quality and origin.

-Helps consumers to avoid counterfeit and low quality goods.

5. Attracting investment-

Strong intellectual property regimes attract investors and multinational companies to invest in domestic innovations.

Importance of Promoting IP-

1. Low awareness among creators-

Many creators are unaware of how to register or enforce intellectual property rights.

2. Capacity building-

Promoting intellectual property involves educating stake holders like students, researchers, enterprises.

3. Support to start-ups-

Schemes like startup, India provide intellectual property assistance and fast tract examination.

4. National innovation and research and development-

Encouraging universities and industries to commercialized intellectual property and collaborate with research centers.

5. Commercial Exploitation of IP-

Licensing, franchising and technology transfer maximize economic benefit.

Mechanism for protection Legislation in India-

Type	Indian Law
Copyright	The Copyright Act, 1957
Patent	The Patents Act, 1970
Trademark	The Trademark Act, 1999
Design	The Designs Act, 2000
Geographical Indication	Geographical Indications of Goods (Registration and Protection) Act, 1999

Registration-

-Application filed with respective authority.

-Examination, objection hearing and grant of rights.

-Rights are time-bound.

Enforcement-

1. Civil Rights –

Injunctions, damages, account of profits.

2. Criminal Remedies –

Fines and imprisonment.

3. Administrative Remedies –

 Seizure of counterfeit goods.

International Framework-

Government Initiatives-

Reference Cases-