INTELLECTUAL PROPERTY

Introduction

The work created by using the intellect of human brains is known as Intellectual property. It is regarded as property because it can be sold, licensed, mortgaged, etc. Intellectual property plays a major role in globalization and the development of the global economy. It refers to the intangible asset or property created by the human mind in the form of an invention. It is mainly divided into two types:

1.         INDUSTRIAL PROPERTY: Industrial property typically deals with creations that have a commercial or industrial application. Such as;

·         Patents

·         Trademarks

·         Trade secrets

·         Industrial Designs

·         Geographical Indications.

2.         NON-INDUSTRIAL PROPERTY: Non-industrial property generally refers to creations of the mind that are more focused on personal or cultural expression. Such as;

·         Copyrights

·         Moral Rights

·         Neighbouring Rights

Intellectual Property law safeguards the rights of creators of intellectual works. Intellectual Property rights, like any other rights, provide creators or inventors with security and a means of earning from their innovations or creations.

HISTORICAL ORIGINS OF INTELLECTUAL PROPERTY LAW:

The origins of Intellectual Property law trace back to the 15th century in Italy, particularly in the realm of artistic works. The first known law regulating intellectual property was enacted in the Republic of Venice in 1474. The most notable example is the Venetian Patent Statute of 1474, which is considered the first comprehensive law to regulate patents and grant exclusive rights to inventors.

In India, Intellectual Property law began with the Indian Patent Act of 1856, which laid the foundation for patent protection in the country. Over time, intellectual property has become an essential element for sustaining innovation and economic development, particularly in the context of globalization.

As per WIPO,

“Intellectual property shall include rights relating to:

1) literary, artistic, and scientific works:

2) performances of performing artists, sound recording and radio or television broadcasts;

3) Creations related to various aspects of human conduct;

4) scientific discoveries;

5) industrial designs;

6) trademarks, service marks, and commercial names and designations;

7) protection against unfair competition and all other rights arising from intellectual efforts in industrial, scientific, literary or artistic domains”.

SCOPE OF INTELLECTUAL PROPERTY RIGHTS

According to the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), the scope of intellectual property includes the following areas:

        i.            Copyright and Related Rights: Copyright not only grants rights to the author of a book or the producer of a film, but it also protects the rights of various individuals in different sectors. The rights (e.g., the rights of performers, writers, producers of sound recordings, and broadcasting organizations) protected under copyright are as follows:

·         Rights of Performers: Live performances on stage, at roadshows, or a singer performing at a concert can also be protected under copyright. Performers have special rights over their performances.

Example: Imagine a singer performs a new song at a concert. Someone records the performance and uploads it to YouTube without permission. This is a violation of the singer’s performer rights.

Remedies: The singer can request that the video be taken down and may even seek compensation for the infringement.

·         Writers: The copyrighted work grants exclusive rights to writers to reproduce the work, distribute, adapt, and publicly communicate their work, as well as they can claim moral rights for authorship and object to distortion. These rights come into existence automatically once the work is created and remain valid for the duration of the author's life, plus an additional 60 years after their death.

If the author’s work is copied by anyone without the author's permission, it constitutes copyright infringement. Copyright infringement attracts both civil and criminal remedies under the Indian Copyright Law.

·         Producers of Sound Recordings and Broadcasting Organizations: Producers are those who create and finance a sound recording, while broadcasting organizations transmit content to the public, such as TV channels, radio stations, or digital broadcasters. By protecting their rights, they gain control over reproduction, earn royalties, and can prevent unauthorized remixing or sampling.

      ii.            Trademarks, Including Service Marks:

·         Trademarks are distinctive signs or symbols that are used to differentiate the products or services of one business from those of others. A trademark can be a word, logo, design, or even a combination of these elements. It serves to protect the brand identity of a business, ensuring that consumers can easily identify the source of a product or service.

·         Service Marks are those trademarks that are specifically used to identify services rather than products. These marks are especially relevant for businesses that provide services (e.g., airlines, banks, insurance companies) instead of tangible goods. Like trademarks, service marks are also protected by intellectual property law and ensure that the service provider's identity is unique and distinguishable from others in the market.

    iii.            Geographical Indications That Signify The Origin Of A Product: A Geographical Indication is a special tag or name given to the products that come from a specific place and have unique qualities because of that place.

For example: Darjeeling Tea, Kanchipuram Silk Sarees, Patola of Patan, and more.

    iv.            Industrial Designs: An Industrial Design refers to the visual features of a product, such as shape, pattern, or configuration, which make it unique and appealing. The concept of Industrial Design is focused on how a product looks and not how it functions. E.g., A designed chair, A perfume bottle, A mobile phone design, and more.  

The Industrial Designs are protected under the Designs Act, 2000, in India. Once the owner registers their design under this Act, they are granted exclusive rights to use and license the design for 10 years, with the possibility of extending the period by an additional 5 years.

      v.            Patents Covering New Plant Varieties: In India, new plant varieties are not protected under the Patents Act. Instead, they are protected under a special law called the Protection of Plant Varieties and Farmers’ Rights Act, 2001 (PPV&FR Act).

This law gives the right to:

·         Plant breeders who create new, distinct, and stable varieties.

·         Farmers who conserve or develop traditional varieties.

Example: If a scientist develops a drought-resistant rice variety, they can’t patent it—but they can register it under the PPV&FR Act and get exclusive rights to sell or license it.

    vi.            Design Layouts (Topographies) Of Integrated Circuits: These are the three-dimensional designs that show how tiny components like transistors and resistors are arranged inside a microchip. It’s not about how the chip works, but how it’s physically built.

In India, these layouts are protected under a special law: the Semiconductor Integrated Circuits Layout Design Act, 2000. The creator gets exclusive rights for 10 years, preventing others from copying or using the design without permission.

Example: If a tech company designs a unique chip layout for a smartphone, they can register it and stop competitors from duplicating it.

  vii.            Confidential information, including trade secrets and experimental data: This refers to valuable business or technical information that’s kept secret to maintain a competitive edge. It can include: Formulas, algorithms, Customer lists, or pricing strategies, etc. It is not a trade secret law but is protected through contracts, common law, and equity principles.

Example: A biotech firm’s unpublished drug trial results are confidential. If an employee leaks them, the firm can take legal action under breach of contract or misappropriation.

FEATURES OF IP

1.                  EXCLUSIVE RIGHT:

The Intellectual Property owner enjoys exclusive and monopolistic rights over their creation or invention. It restricts the use of such property by any third party without prior permission from the owner.

2.                  TERRITORIAL:

Intellectual property gets its reorganization and provides exclusive rights to the owner in the country or countries where it has its registration.

3.                  ASSIGNABLE:

Like any other immovable property, it has the right to be hired, mortgaged, sold, purchased, etc.

4.                  INTANGIBLE:

Intellectual Property must be intangible, i.e., it cannot be touched.

In today’s world, every country has its own intellectual property laws to protect inventions and boost its economy. Multiple organizations, treaties, and conventions at the international level, such as the Patent Cooperation Treaty, Madrid Protocol, WIPO, TRIPS Agreement, and the European Patent Office, have been established to address intellectual property issues. Intellectual property is evolving every day and has become integral to various fields, from traditional knowledge and geographical indications to biotechnology and plant varieties.