Indian J.Sci.Res.

9 (1): 084-087, 2014 ISSN: 0976-2876 (Print)

DOI: 10.5958/2250-0138.2014.00014.5 ISSN: 2250-0138(Online)

INTELLECTUAL PROPERTY AND THE NEED TO PROTECT IT

DUSHYANT KUMAR SHARMA1

Department of Zoology, Govt. Model Science College, Gwalior, Madhya Pradesh, India

ABSTRACT
Intellectual Property refers to intellectual creativity of a creator. In contrast to physical property, intellectual property is
an intangible asset of a person. Intellectual Property Rights (IPR) are the exclusive rights given to the creators to their creations.
Common types of Intellectual Property Rights are patents, copyrights, trademarks, industrial deigns, geographical indications,
trade secrets, layout designs for integrated circuits and even ideas. Intellectual property rights provide an incentive to the creator
to develop his creation and to share it with other people for the development of the society. The basic aim of the IPRs is to help in
meeting the challenges in the development like reducing poverty, stimulating economic growth, improving the health status by
providing medicines to the poor, improving access to education and contributing the overall sustainable development. Though
IPRs provide incentive to the author or the creator and lead to a competition in the field of invention but it is also an intellectual
protectionism or a form of a temporary monopoly enforced by the state.
KEYWORDS: Intellectual Property, Intellectual Property Rights, patents, copyrights, trademarks, geographical indications

The term Intellectual Property applies to industrial development and economic welfare (Reddy and
intellectual creativity of a creator such as invention, Kadri, 2013).
musical, literary, symbols, names, designs, images and
NEED FOR IPR
even ideas. Intellectual property is an intangible asset of a
person. It is a legal concept which refers to creations of Every creation requires time, energy and effort.
the mind for which exclusive rights are recognized. The time involved varies greatly between projects. It may
Intellectual property, like any other form of conventional vary from a few minutes to a few years. In addition, any
forms of property, is an asset. The owner has the right to creative work also requires certain amount of real capital
prevent the unauthorized use or sale of the property. Since and of course the education or knowledge. All these
Intellectual property is intangible, that is, it cannot be things add up to a huge investment on the part of any
defined or identified by its own physical parameters, thus creative professional. Thus, it is necessary to recognize
intellectual property must be expressed in some and respect the intellectual creations of a creator.
discernible way for enabling it to be protected. Although many of the legal principles, governing
intellectual property rights, have evolved over centuries, it
Intellectual Property Rights (IPRs) are the
was not until the 19th century that the term intellectual
legally recognized exclusive rights to creations of the
property began to be used. It was in the late 20th century
mind. Under these rights, like any other form of a
that it became common in the most part of the world. The
conventional property, intellectual property can be
World Intellectual Property Organization(WIPO) was
bought, sold, licensed or exchanged. Under intellectual
established, in 1967, as an agency of the United Nations.
property law, owners are granted certain exclusive rights
Since then the the term really began to be used in the
to a variety of intangible assets, such as musical, literary,
United States. There is an extensive international system
and artistic works; discoveries and inventions; words,
for defining, protecting, and enforcing intellectual
phrases, symbols and designs. These laws protect the
property rights, comprising both multilateral treaty
legal rights of creators and owners, in relation to
schemes and international organizations such as Trade-
intellectual creativity. IPR is a prerequisite for better
Related Aspects of Intellectual Property Rights (TRIPs),
identification, planning, commercialization, rendering
World Intellectual Property Organization (WIPO), World
and thereby protection of invention or creativity(Saha and
Customs Organization (WCO), United Nations
Bhattacharya, 2011). The objective of intellectual
Commission on International Trade Law (UNCITRAL),
property law is to grant incentive to the creator of a work.
World Trade Organization (WTO) and European Union
Inventive activity is supposed to result in innovation,
(EU).
which further leads to technological advancement,

1
Corresponding author
 SHARMA: INTELLECTUAL PROPERTY AND THE NEED TO PROTECT IT

KINDS OF INTELLECTUAL PROPERTY An industrial design

RIGHTS An industrial design consists of the creation of a
The common types of intellectual property rights shape, configuration or composition of pattern or color, or
are: patents, copyright, trademarks, industrial design, combination of patterns and colors in three dimensional
trademarks, trade secrets, geographical indicators and forms, containing aesthetic value. It can be a two or three
layout design for Integrated Circuits. dimensional pattern, used to produce a product. Even
the traditional craft items like hand-woven articles like
Patents carpets, cotton bed covers can also be registered for
A patent is an exclusive right granted for an protection as an Industrial design (Kannan, 2010). The
invention, which is a product or a process that provides a design has to be registered against imitation and
new way of doing something, or offers a new technical unauthorized copying. The protection is provided for five
solution to a problem. An invention may be defined as the years and it can be renewed for fifteen years.
idea of making a new and useful article, method or Trademark
substance Patent protection means that the invention
cannot be commercially made, used, distributed or sold A trademark refers to a recognizable sign, design
without the patent owner's consent. A patent owner has or expression which identifies products or services of a
the right to decide who may or may not use the patented particular source from those of others. It can be patented
invention for the period in which the invention is like invention and industrial designs. The trade mark can
protected. The patent owner may give permission to, or be a combination of words, letters, numbers, drawings,
license, other parties to use the invention on mutually images, symbols and even sounds. These are generally
agreed terms. He may also sell the right to the invention registered for seven years but they can be renewed
to someone else, who will then become the new owner of indefinitely by applying again. It provides protection to
the patent. A Patent is granted for a period of 20 years the owner of the mark by ensuring the exclusive right to
from the date of filing the application of patent. Once a use it to identify goods or services or to authorize another
patent expires, the protection ends, and an invention to use it, in return for payment. It helps consumers
enters the public domain, that is, the owner no longer identify and purchase a product or service because of its
holds exclusive rights to the invention. nature and quality, indicated by its unique trademark.

Copyright Trade secret

Copyright is a legal term describing the rights A trade secret is a formula, practice, process,
given to creators for their literary and artistic works. design, instrument, pattern or compilation of information
Copyright may apply to a wide range of creative, which is not generally known or reasonably ascertainable
intellectual, or artistic forms, or works. The works by which a business can obtain an economic advantage
covered by copyright include literary works such as over competitors or customers. It may be confidential
novels, poems, plays, reference works, newspapers and business information that provides an enterprise a
computer programs; databases; films, musical competitive edge. Trade secrets include sales methods,
compositions, and choreography; artistic works such as distribution methods, consumer profiles, advertising
paintings, drawings, photographs and sculpture; strategies, lists of suppliers and clients and manufacturing
architecture; and advertisements, maps and technical processes. A trade secret can be protected for an unlimited
drawings. The reproduction in various forms such as period of time but a substantial element of secrecy must
copying, printing, recording, public performance or exist, so that, except by the use of improper means, there
adaptation are prohibited under these rights. would be difficulty in acquiring the information.

Copyright does not cover ideas and information Geographical indicators (GI)
themselves, only the form or manner in which they are Geographical indicators are the signs used on
expressed (Simon,2001). This right provides economic goods that have a specific geographical origin. A GI
right to the creator that is the financial benefit for a period indicates that a product comes from a certain place and
lasting of fifty years after the creator's death. has special qualities due to that place of origin which

Indian J.Sci.Res. 9 (1): 084-087, 2014

 SHARMA: INTELLECTUAL PROPERTY AND THE NEED TO PROTECT IT

could be a village or town, a region or a country. It is an patent and copyrights, are an important means used by
exclusive right given to a particular community and thus firms to help protect their investments in innovation
the benefits of its registration are shared by the all (Shankar Narayanan, 2010).
members of the community. It may be used by all

IPRs may be helpful in the solution to global
producers or traders whose products originate from that
challenges like in the field of alternate sources of energy,
place and which share typical characteristics. Well-known
new products to the farmers and development of low cost
examples of GIs include Bordeaux (wine), Darjeeling
drugs for poor people.
(tea), Chanderi (sarees), Kullu shawls and Tuscany (olive
oil).
IPRs are necessary to stimulate economic
growth. Protection of intellectual property rights is
Layout Design for Integrated Circuits
essential in maintaining economic growth. They
Semiconductor Integrated Circuit is a product, encourage fair trading which would contribute to
having transistors and other circuitry elements, which are economic and social development. Effective enforcement
inseparably formed on a semiconductor material or an of intellectual property rights is critical to sustaining
insulating material. The initial term of registration is for economic growth across all industries and globally.
10 years; thereafter it may be renewed from time to time.
Negative Impacts
Protection of New Plant Variety
Though the purpose of IPRs is to enhance
New plant varieties can also be protected under innovation and creativity by protecting the rights of
IPR. The objective of this act is to recognize the role of creators and leading to the growth and advancement of
farmers as cultivators and conservers and the contribution human beings but do IPRs actually play a constructive
of traditional, rural and tribal communities to the role in the progress and development of society and
country’s agro biodiversity. mankind or it is a form of intellectual protectionism or a
form of a temporary monopoly enforced by the state, is an
IMPORTANCE OF IPR
issue of great concern.
Positive Impacts
They are considered to benefitting concentrated
IPRs play very important role in the progress and i.e. IPRs confer authority over resources to a few. The
development of the society. IPRs not only provide few gain power over the goals of many. The objective of
incentive to the creator of his creation but also lead to a IPRs is to protect the public interest but, in fact, the public
healthy competition among creators which ultimately interest is harmed. Pharmaceutical product prices form
leads to the progress of the society. Some of the positive substantial portion of health care costs and strong
impacts of IPR are: intellectual property protection is one of the major reasons
for high health care costs (Agatha, 2013). For example,

IPRs are important for free flow for energy for
patent of life saving drugs had allowed the countries to
enhancing invention and research. IPRs provide incentive
charge higher than the marginal cost of the production in
to the individuals for new creations. IPRs provide due
the name of cost of research and development. This has
recognition to the creators and inventors. These laws
led to an increase in the cost of drugs and they are not
provide them both the means and incentive to create
affordable by the poor sections of the society. When there
newer works, products and services
is control by some particular group, IPRs actually

Intellectual Property Rights enhance innovation discourage invention. Patent of the ideas may prevent the
and creativity by protecting the rights of inventors and owner of a property to utilize it according to his wishes.
artists. Since the filing of patents requires the disclosure In order to serve the purpose IPRs must focus on the
of information that would enable others to replicate the needs of the poor and developing countries but in reality
inventor’s discovery, others can use and build upon this intellectual properties tend to be governed by economic
shared knowledge to create newer and/or better products. goals preventing the progress of poor. Thus, IPRs are
IPRs ensure material reward for intellectual property. considered as intellectual protectionism, intellectual

IPRs ensure the availability of the genuine and monopoly or government-granted monopoly by which the
original products. Intellectual Property rights, such as public interest is harmed and progress is stopped.

Indian J.Sci.Res. 9 (1): 084-087, 2014

 SHARMA: INTELLECTUAL PROPERTY AND THE NEED TO PROTECT IT

CONCLUSION Kannan (2010) Importance of Intellectual Property

Rights. International Journal of Intellectual
The basic objective of the IPRs is to help in
Property Rights 1(1): 1-5
meeting the challenges in the development such as
reducing poverty, stimulating economic growth, Reddy, G B and Kadri, Harunrashid A (2013): Local
improving the health status, improving access to Working of Patents - Law and Implementation in
education and contributing the overall sustainable India. JIPR 18(1) : 15-27
development. But the question is whether we have been Saha CN1, Bhattacharya S.(2011): Intellectual property
able to accomplish our objectives completely or not. rights: An overview and implications in
Intellectual property rights are one of the most important pharmaceutical industry. J Adv Pharm Technol
aspects of the creative world. The rights ensure incentive Res 2(2): 88-93.
to invention, competition, recognition and financial
support. IPRs must be given due credits. If we give due Sankar Narayanan, S. (2010) Intellectual Property Rights
credits to IPRs, they will help in the sustainable Economy Vs Science & Technology.
development of mankind. International Journal of Intellectual Property
Rights 1(1): 6-10
REFERENCES
Simon, Stokes (2001). Art and copyright. Hart Publishing.
Agitha, T G(2013): Impact of IP on Public Health: The pp. 48–49.
Developed Country Scenario. JIPR 18(4) : 382-
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Oct_25th_07.pdf
http://www.wipo.int/
http://www.wto.org/english/tratop_e/trips_e/intel1_e.htm

Indian J.Sci.Res. 9 (1): 084-087, 2014