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Block 3 Human Resource Laws

Unit 1 Intellectual Property Rights

1) Define the concept, meaning and significance of intellectual property and intellectual property rights.

• Intellectual Property (IP):
  • IP refers to original creations of the mind. These creations are distinct and have not been copied from anywhere else.
  • Examples of IP include inventions, literary and artistic works, symbols, names, images, and designs used in commerce.
  • IP can be categorised into individual property (inventions, trademarks, industrial designs, geographical indications) and copyright (literary and artistic works).
  • Knowledge is considered a product of individual creativity, based on western scientific thought and systems.
• Intellectual Property Rights (IPR):
  • IPR are the legal rights that protect the ownership of intellectual property. They give creators the right to control the use of their creations.
  • These rights grant ownership, and others need permission from the owner before using the protected material.
  • If IP is used without permission, legal action can be taken against the infringer.
  • IPR provides financial incentives to creators to invest in intellectual property.
• Significance of IPR:
  • IPR protects the ownership and originality of individual creations.
  • It gives recognition to the creator.
  • It allows owners to have financial benefits from their creations and provides incentives for further innovation and creativity.
  • It can lead to economic growth by motivating individuals to be creative.

2) Discuss the different types of intellectual property rights.

The most common types of IPR are:

• Copyright:
  • Protects literary or artistic works, giving the owner control over publication, distribution, and adaptation.
  • Applies to creative works like articles, books, music, software, and paintings.
  • Copyright protection usually lasts for the life of the owner plus 50 to 100 years after their death.
• Trademarks:
  • Symbols, logos, or designs that identify and distinguish products or services of a company.
  • Used to indicate the source of a product, like the logos of Reebok, LG, or WHO.
  • Registered trademarks are legally protected, and owners can take action against misuse.
  • A registered trademark is indicated by the symbol ®, while an unregistered one is followed by ™.
• Patents:
  • Rights that protect new inventions, including products, processes, and apparatuses.
  • Granted for inventions that are not obvious, new, and useful.
  • Patent owners have exclusive rights to control how the invention is made, used, sold or distributed.
  • A patent usually lasts for 20 years from the date of filing the application.
• Industrial Design Rights:
  • Protect the visual design of objects, such as their novel shape or pattern.
  • Covers 2D and 3D designs, including shape, colour, and patterns.
  • The owner has the right to make or sell objects with the protected design.
  • Rights are conferred for a period of 10 to 25 years.
• Trade Secrets:
  • Protect confidential information like designs, formulas, and processes that give a business an advantage.
  • Owners can prevent others from using a trade secret if they learned it through the owner.
  • It is the owner's responsibility to keep the secret, and it's not protected by government policies.

3) Describe the issues and agenda of the intellectual property rights.

Several issues and challenges are associated with IPR:

• Resource Piracy: Countries may exploit and patent biological or natural resources from other countries due to ignorance or negligence of the home country. An example is the transfer of basmati rice varieties from India to the US.
• Intellectual and Cultural Piracy: Unique cultural and intellectual heritage is freely taken for competitive gain, often without recognition or permission from the original source. Examples are the use of the name ‘basmati’ for aromatic rice by US corporations, and the use of 'Bikaneri Bhujia' by Pepsi.
• Economic Piracy: Domestic and international markets can be taken over using protected trade names, which demolishes local and national economies where the original innovation took place. This affects the livelihoods and economic survival of millions, like the US rice traders usurping European markets.
• Maintenance of Originality: In the digital world, it is challenging for organisations to protect their original work and trade secrets, especially given the ease of leaking confidential data through the internet.
• Infringement of Copyrights: Competitors often violate copyright laws by using domestic or literary work without permission.

4) Explain the nature and objectives of the intellectual property rights.

• IPR are mainly territorial, meaning they can differ from country to country. However, copyright is an exception, as it is global in nature through the Berne Convention.
• IPR are monopoly rights, meaning no one can use them without the owner's consent.
• Most IPR need to be regularly renewed except for copyrights and trade secrets.
• IPR can be assigned, gifted, sold, and licensed like any other property.

• To protect the ownership and originality of creations.
• To provide recognition to the creator.
• To enable owners to receive financial benefits from their creations.
• To give financial incentives to encourage the creation of and investment in intellectual property.
• To motivate individual creativity and contribute to economic growth.
• To improve the financial status of individuals and the economy.

Important Points

1. Knowledge is considered to be the product of individual creativity.

2. Intellectual property (IP) refers to creations of the mind which are original in nature and have not been duplicated from anyone or anywhere.

3. The World Intellectual Property Organisation (WIPO) was established in 1967.

4. The owner of a trade secret does not possess any right over anyone who gains access to that secret independently.

5. Industrial design rights protect the novel shape or pattern of products, not copyrights.

6. Intellectual property rights helps in protecting the ownership and originality of the individuals’ creation.

7. Copyrights protect literary and artistic works, not trademarks.

8. Intellectual property rights provide incentives as well as recognition to the concerned persons/authorities/nations/institutions/ or organisations.

9. In this digital world, it is really difficult for nations and organisations to maintain their originalities and trade secrets.

10. The first Indian patent laws were first promulgated in 1856.