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This article has been written by Sanoj Kumar Paul, a 1st year B.B.A. LL.B. (Hons) student at Netaji Subhas University, Jamshedpur.

Introduction

Do you have an invention in mind? Want to create your own music or film? Safeguard your idea from the clutches of invasions and potential threats. Then you should definitely know about the heading mentioned above in detail.

Intellectual Property is a design, creation or idea which can be used to ultimately give rise to a useful product and its application in detail.

Now the question is what are Intellectual Property Right?

These can be defined as all rights that have association with intangible assets which can be owned by any company and protect it against use without any prior consent. The word (Intangible Assets) refer to the property which is not physical and gives the legal right to the creator to protect his work for a particular period of time.

There are different types of IPRs, which are discussed below:

PATENTS

They protect the inventions by giving exclusive rights to the inventor to use, sell or license their work for a period of 20 years.

1. Utility patents – Covers the functional aspects of any inventions like mechanics, processing etc.
2. Design patents – Protects the ornamental design of various items. E.g.- Coca Cola bottler or iPhone design.
3. Plant patents – Protecting the rights of asexually produced new variety of plants.

TRADEMARKS

Trademarks protect the sound, logos, colours, symbols and words used by any organisation to make its product distinguished from others. Certain examples can be Google Logo, symbol used by Nike etc. Everything is governed under the Trademark Act of 1946.

COPYRIGHTS

This law safeguards the rights of the original work done by the actual creator like music, songs, films art etc. It gives the creator right to reproduce, distribute and show his work. It lasts mostly for lifetime plus a period of 70 years.

TRADE SECRETS

The job of this IPR is to protect the confidentiality of the business information like designs, plans, working to give a competitive edge from other companies. These remain protected as long as they are kept a secret and obviously some measures are taken to protect them.

GEOGRAPHICAL INDIACTIONS (GIs)

These protects the products having a particular geographical origin and it is known for that geographical origin. For example- Darjeeling Tea, Rasgulla etc.

PURPOSE

Intellectual Property Rights have been with us for quite some time now and they must serve some purpose. So here they are:

1. Encouraging innovation by providing incentives and financial support for creators to invest their mind, time and intellect in developing new ideas.
2. Promote creativity by giving right to make profits from their work to the creators.
3. Fostering economic growth by aggravating the market with tons of ideas, inventions and content.

INTERNATIONAL FRAMWWORK IN THE WORLD OF IPR

While almost every country has their owns IPR laws but there are some international treaties and organizations that help standardize the protection in a global manner.

1. World Intellectual Property Organization (WIPO) – Administering varieties of treaties related to property rights intellectual in nature.
2. Berne Convention for the Protection of Literary and Artistic Works – Governs copyrights in international level.
3. TRIPS Agreement (Trade-Related Aspects of Intellectual Property Rights) – Administered by World Trade Organization and sets the minimum standard for protection of Intellectual Property Rights.
4. Patent Cooperation Treaty (PCT) – Simplifying the patent applying process in multiple countries.

RIGHTS

There are various rights associated with Intellectual Property. Let’s have a look on some of them.

1. Exclusive Rights- It gives the creator the right to exclude anybody from using his work without permission. For example- You can claim copyright on your self-made YouTube videos or someone can claim royalty for their published works.
2. Right to License- The owner can give others permission to use their work in exchange for payment or royalties.
3. Right to Transfer- The work can be sold, transferred or inherited just like any other normal property.

LIMITATIONS ON IPR

While IPRs provide lots of rights and advantages, they are certainly not absolute. There are several limitations:

1. Fair Use (Copyright)- Certain copyrighted works are allowed without permission under fair use like education, parody or criticism.
2. Compulsory Licensing (Patents)- In some cases, government might allow others to use certain inventions without the patent holder’s consent most likely in public health crisis like COVID.
3. Trademark Dilution- Becoming generic can cause trademark to lose its protection (Aspirin was once a protected trademark).

ENFORCEMENT OF IPRs

After knowing about what’s, types, purposes, if we do not have an idea on how to enforce an IPR. Then it all goes to waste. So here are the ways for the Enforcement of Intellectual Property Rights.

1. Lawsuits and Legal Proceedings: Intellectual Property owners can always take legal action against infringements in civil courts to seek remedy and injunctions.
2. Customs and Border Protection: Mechanisms are implemented by countries to prevent the import of counterfeit goods violating copyrights or trademarks.
3. Alternative Dispute Resolution: Arbitration and Mediation are some common ways to resolve Intellectual Property Rights disputes, especially in cross border cases.

CHALLENGES

There are always challenges and difficulties in every path. Let’s know that what challenges are faced in Intellectual Property Rights.

1. Digital Piracy- The constant digital evolution and rise in internet users has made it easier to illegally copy and distribute copyrighted works and posing challenges for their enforcement.
2. Patent Trolls- Some people aka patent trolls acquire patents solely for the purpose of suing others for infringement, often stifling innovation.
3. Balancing Protection and Public Interest- If Intellectual Property laws are made too restrict then it can restrict and hinder the access for public betterment while if it is made too weak, people will not trust the protection mechanism thus causing a decline in innovation.

VIOLATIONS OF IPRs

There are certain violations when it comes to Intellectual Property Rights, mostly counterfeiting, infringement and misappropriation of trade secrets. These includes:

1. Creating a name or logo meant to confuse buyers into thinking they are buying the well-known brand. E.g.- ABIBAS for ADIDAS or SKAYBAGS for SKYBAGS.
2. Recording a You Tube video without authorization or copying copyrighted materials. Example- Not giving copyright credit to the owner of the work.
3. To copy the patent of another person and falsely present it as a new patent. Example- Telephone can be made after 20 years of its invention but not before.
4. To manufacture patented good without having any authorized license to do so. Example- One cannot remake coca cola as they have patent on their formula.

WHAT DOES AN IP LAWYER DO?

At this point we can say that we have learned a lot about Intellectual Property Rights but the question is what sort of work is done by an Intellectual Property Lawyer, how does he manage this thing? Let us dive into it. Like every other area of law, intellectual property attorneys’ responsibilities differ according to their job position.

Lawyers cover creation, licensing or acquisitions and few even create and overlook strategies protecting intellectual property rights internationally and domestically. However, there are mostly three components of Intellectual Property law: Counselling, Protection and Enforceability.

1. Client Counselling: Lawyers counselling clients find best possible ways to guard intellectual property and help their clients license and use it. For example- If there is a similar trademark already existing then the lawyers determine whether to alter the design or drop it altogether. In the patent counselling field, attorneys assess the patent of the client to determine the possibility of patent infringement and its validity.
2. Intellectual Property Protection: Lawyers who are involved in protecting the intellectual property, complete the processes associated with securing the highest available rights. They will also respond to any questions or queries by the agency until the patent or trademark clears itself and is issued.
3. Enforcement of IPRs: Lawyers who work for the enforcement of intellectual property rights do so by safeguarding the original person or creator against infringement. Enforcements done in international levels, is much more complicated as certain local politics is involved in the country where the infringement had taken place.

Certain skills are must when one is an Intellectual Property Rights lawyer. Most desired skills in IPR include the following:

1. Must be well versed in business transactions.
2. Must possess strong negotiation capabilities.
3. Should have strong writing ability and vocal communication skills.
4. Possess the ability to work alongside other legal representatives.
5. Lateral thinking skills can be plus pointer.
6. And of course, giving proper attention to details.

An intellectual property lawyer is crucial for safeguarding the commercial as well as creative interests of businesses, inventors, artists and other creators. Their work spans across protection, enforcement, and monetization of intellectual property, ensuring clients can be maximizing the worth of their innovative ideas while defending against infringement.

CONCLUSION

Intellectual Property Rights are very crucial for the buildup of innovation and creativity thus giving a relief and assurance to the creators that they can benefit from their work, ideas, inventions, art or whatever we say. However, ensuring the balance between these rights with public access and preventing misuse is a topmost priority particularly in this modern digital age.