Importance of Saving Intellectual Property in India

Sakshi Govindani

3/20/20246 min read

When we invest our precious time in inventing or making something everyone wants to protect it from others intervention. In present, we are going to discuss about one of the most important question related to intellectual property i.e., why it is important to save intellectual property? Going further, it is important for us to have brief understanding about intellectual property.

HISTORY

There are different views related to the origin of the intellectual property.

ORIGIN

• According to Former Lord Justice of Appeal Robin Jacob, the existence of intellectual property can be traced back to as early as 600 BCE. It’s existence from 6th century BCE, tells as about our past, that even in past also they respect and give importance to individuals talent. As early as 600 BC, a patent was documented for “some kind of newfangled loaf” of bread.

FIRST PATENT

• Many sources reveal that in year 1421, world’s 1st modern patent was awarded to an Italian Inventor, Fillippo Brunelleschi, a Florence architect who developed a crane system from shipping and transporting marble from the Carrana mountains.

• John of Utyam, a Flemish glassmaker, is considered the 1st person on record to have been awarded an English patent in 1449. Granted by King Henry VI.

THE VENETIAN ACT OF 1474

1st patent law expressing the concept of intellectual property and enshrining the importance of protecting inventor’s rights.

THE 1624 BRITISH STATUTE OF MONOPOLIES

As Parliament had enough abuse the practice of patent. Section 6 of said statute say that, “we are ok with patents, but you have to grant them on inventions that are actually novel.”

1st PATENT ACT OF THE US IN 1790

America’s 1st Patent Act, on April 10, 1790

ORIGIN IN INDIA

PATENT – 1st legislation in India relating to patent was the Act VI of 1856.

COPYRIGHT – Introduced in the year 1874 in India during the regime of East India Company.

TRADEMARK – 1st act related to trademark as Trademark Act, 1940.

INTRODUCTION OF INTELLECTUAL PROPERTY

INTELLECTUAL PROPERTY

Property is a system of rights that gives people legal control of valuable things. Rights include right to consume, alter, share, redefine, rent, mortgage, pawn, sell, exchange, transfer, give away or destroy it or to exclude others from these things and abandon it.

Intellectual property means a property under which person have exclusive rights over artistic creation, invention etc. Property that includes intangible creation of the humans.

TYPES OF INTELLECTUAL PROPERTY

• PATENT LAW

• COPYRIGHT

• TRADEMARK

• TRADE SECRET

PATENT LAW

The main need pf patent law is to protect invention or a technical product or process from external use. Patent grant exclusive rights to patented process, design or invention.

COPYRIGHT

Copyright is basically available to original creation related to literacy, dramatic, musical and artistic work, sound recordings and cinematograph files, science, technology etc. Copyright means right to given original creator. Creator get right to protect their expression of idea and prevents its exploitation. Copyright prevent expression not ideas itself.

TRADEMARK

Trademark provide protection for symbols, colour, shapes, words, etc representing or relating to a goods or a service. Trademark was defined under section 29(zb), of Trademark Act,1990, as a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include shape of goods their packging and combination of colours.

For registering mark, it should have followings factors

• Distinctive character

• Should be clear and nor deceptive

• According to law

• Not in contravene to religious sentiments

• Not scandalous

TRADE SECRET

Trade secret is right on confidential information which may be sold or licensed. Confidential information means an information which is unknown to other or may help in facing competition. Examples – recipes, formulas etc.

Trade secret doesn’t stop other from using the same technique if they acquired or developed by themselves independently.

CRIME RELATED TO INTELLECTUAL PROPERTY

Intellectual property crime is any breach of intellectual property rights. They are as follows;

1) COUNTERFETING

2) PRIVACY

3) INFRINGEMENT

4) THEFT

COUNTERFEITING

Under this, goods are exact copy of original one. In other words counterfeited goods are goods are made in imitation. They can pass fraudulently and deceptively as genuine. They falsely use the trademark of brand without any prior permission from then. Under this buyer is not aware of purchasing a counterfeit articles.

PRIVACY

An unauthorised copying, use, reproduction, distribution of materials protected by intellectual property rights.

INFRINGEMENT

Infringement means unauthorised use of a copyrighted pr patented invention. It means a violation of an intellectual property rights.

THEFT

It occurs when someone steal an idea, creative expression, or invention from an individual or a company. This include names, logos, inventions, client lists, and many more.

IT IS IMPORTANT TO SAVE INTELLECTUAL PROPERTY NOW A DAYS

Because of the following reasons it is important to save intellectual property.

  • ENCOURAGE NEW INNOVATION

As now a days people are secure about their innovation that because of IPRs their innovation, process etc are save from others intervention which at the end encourage people to innovate. Free flow of information related to IPRs provide well structure knowledge about patent, trademark etc that at the end help them in innovation.

  • ECONOMIC AND SOCIAL DEVELOPMENT

Because of the competition in the market in many businesses there is always a risk related to business ideas and strategies being stolen by rivals. Therefore, there is a urgent need to protect their intellectual property for business growth and development. When small and medium enterprises get the chance to protect their ideas, this boast their economic status which at the end ensure social and economic development of the society.

  • CREATE BALANCE BETWEEN PUBLIC INTEREST AND RIGHT OF CREADITORS

As under intellectual property person have exclusive rights to protect their ideas from others intervention, this encourage innovation which are useful for public. Many innovations and ideas were considered effective and useful for public. Creators were freely sharing their ideas as they know that no one can use them. So, by such observation it is concluded that intellectual property create balance between public interest and rights of creators.

  • ENABLE PEOPLE TO EARN RECOGNITION OR FINANCIAL BENEFIT

Intellectual property protection is critical as its helps the creator to earn recognition. As without protection of ideas people can’t get full benefit of their ideas and which result in low income or recognition. Being able to control and licence your intellectual property opens up different revenue streams and way of earning recognition.

  • FIGHTHING COMPETITION

Growth of different sectors, business, enterprises ensures that there will a growth in competition as well. People are using different way to tackle this competition. But when it come to intellectual property which is intangible in nature it become really very hard to protect them and this can create hindrance in facing competition. In many businesses intellectual property often creates unique identity which at the end help in facing competition.

  • TECHNOLOGICAL DEVELOPMENT

Intellectual property is important when it came to do collaborations and research. Technology transfer (TT) is a collaborative process that allows scientific findings, knowledge and intellectual property to flow from creators, such as universities and research institutions, to public and private users. Its goals is to transform inventions and scientific outcomes into new products and services that benefit society. So, in this way it is important to save intellectual property.

  • INTERNATIONAL COMPETITION

To face the international competition, intellectual property provides a way to create differentiation from their competitors. New innovation, ideas, process, products, give consumer a wide range of variety. This not only affect the status of inventors but also the image of country from where inventors belong.

PRESENT REALITY OF INTELLECTUAL PROPERTY IN INDIA

1. India is a member of the WTO (World Trade Organisation).

2. India is a member of WIPO (World Intellectual Property Organisation), a body is responsible for the promotion of thr protection of intellectual property throughout the world.

3. India also had adopted National Intellectual Property Rights Policy, 2016 in May 2016, as a vision document to guide the future development of IPRs in the country.

In present, India is facing several challenges in this field. For overcoming these challenges, new legal framework was also introduced by Indian Government.

CHALLENGES

  • Slow and complex legal procedure

  • Weak enforcement and lack of awareness

  • Unstable environment

  • Traditional knowledge

  • Lack of expertise

  • Low patent quality

  • IPRs related crime

INITIATIVES

  1. A huge change was introduced in IPRs law for smooth functioning. Recent implementation like the National Intellectual Property Policy, 2016 , National Intellectual Property Awareness Mission (NIPAM), Kalam Program for Intellectual Property Literacy and Awareness Campaign (KAPILA).

  2. For improving enforcement and for smooth functioning specialized court was set up by Indian Government.

  3. Education and outreach programs helps in tracking the problem related to lack of awareness.

  4. Law such as the Patent Act, 1970, the Copyright Act, 1957 , the Trademark Act, 1999 etc provide secure and stable environment for inventors, creators etc.

CONCLUSION

Intellectual related crimes are increasing day to day and there is a need to protect them. We know the importance of intellectual property and how it is affecting not only a person but also the public and country. By overviewing the whole topic we come to the conclusion that government really need to work on the development of law related to intellectual property and their implementation.