Explainer / Intellectual property rights

The government is trying to set up a fully computerised intellectual property rights (IPR) office in the country, which is similar to the US model where everything is done online.

Intellectual property rights are the rights given to persons over the creations of their minds: inventions, literary and artistic works, and symbols, names and images used in commerce. They usually give the creator an exclusive right over the use of his / her creation for a certain period of time.

These rights are outlined in Article 27 of the Universal Declaration of Human Rights, which provides for the right to benefit from the protection of moral and material interests resulting from authorship of scientific, literary or artistic productions.

The importance of intellectual property was first recognised at the Paris Convention for the Protection of Industrial Property (1883) and the Berne Convention for the Protection of Literary and Artistic Works (1886). Both treaties are administered by the World Intellectual Property Organisation (WIPO).

Intellectual property rights are customarily divided into two main areas…

Copyright and allied rights

The rights of authors of literary and artistic works (such as books and other writings, musical compositions, paintings, sculpture, computer programs and films) are protected by copyright for a minimum period of 50 years after the death of the author.

Industrial property

* Protection of distinctive signs, in particular trademarks and geographical indications.

* Trademarks distinguish the goods or services of one undertaking from those of other undertakings.

* Geographical Indications (GIs) identify a good as originating in a place where a given characteristic of the good is essentially attributable to its geographical origin.

* The protection of such distinctive signs aims to stimulate and ensure fair competition and to protect consumers, by enabling them to make informed choices between various goods and services.

* The protection may last indefinitely, provided the sign in question continues to be distinctive.

* Industrial designs and trade secrets are protected primarily to stimulate innovation, design and the creation of technology. In this category fall inventions (protected by patents), industrial designs and trade secrets.

What is the need for IPR?

* The progress and well-being of humanity rest on its capacity to create and invent new works in the areas of technology and culture.

* The legal protection of new creations encourages the commitment of additional resources for further innovation.

* The promotion and protection of intellectual property spurs economic growth, creates new jobs and industries, and enhances the quality and enjoyment of life.

* IPR is required to safeguard creators and other producers of their intellectual commodity, goods and services by granting them certain time-limited rights to control the use made of the manufactured goods.

* It promotes innovation and creativity and ensures ease of doing business.

* It facilitates the transfer of technology in the form of foreign direct investment, joint ventures and licensing.

India and IPR

India is a member of the World Trade Organisation and committed to the Agreement on Trade Related Aspects of Intellectual Property (TRIPS Agreement).

India is also a member of the World Intellectual Property Organisation, a body responsible for the promotion of the protection of intellectual property rights throughout the world.

India is also a member of the following important WIPO-administered international treaties and conventions relating to IPRs…

* Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure

* Paris Convention for the Protection of Industrial Property

* Convention Establishing the World Intellectual Property Organisation

* Berne Convention for the Protection of Literary and Artistic Works

* Patent Cooperation Treaty

* Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks - Madrid Protocol

* Washington Treaty on Intellectual Property in respect of Integrated Circuits

* Nairobi Treaty on the Protection of the Olympic Symbol

* Convention for the Protection of Producers of Phonograms Against Unauthorised Duplication of Their Phonograms

* Marrakesh Treaty to facilitate Access to Published Works by Visually Impaired Persons and Persons with Print Disabilities.

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