Intellectual property rights (IP) | B1

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Blog 1 : In this we will be discussing on what is Intellectual property (IP) rights? why does IP matters ? different category of IP.

What are intellectual property rights?

Intellectual property rights are the rights given to persons over the creations of their minds. They usually give the creator an exclusive right over the use of his/her creation for a certain period of time.

IP covers a vast range of activities, and plays an important role in both cultural and economic life. This importance is recognized by various laws which protect intellectual property rights. IP law is complicated: there are different laws relating to different types of IP, and different national laws in different countries and regions of the world as well as international law.
 

Here we discuss the main types of IP and explains how the law protects them. It also introduces the work of the World Intellectual Property Organization (WIPO), the United Nations agency dedicated to making IP work for innovation and creativity

Why does IP matter?

The progress and well-being of humanity depend on our capacity to come up with new ideas and

creations. Technological progress requires the development and application of new inventions, while a vibrant culture will constantly seek new ways to express itself.

 

Intellectual property rights are also vital. Inventors, artists, scientists and businesses put a lot of time, money, energy and thought into developing their innovations and creations. To encourage them to do that, they need the chance to make a fair return on their investment. That means giving them rights to protect their intellectual property.

Essentially, intellectual property rights such as copyright, patents and trademarks can be viewed like any other property right. They allow the creators or owners of IP to benefit from their work or from their investment in a creation by giving them control over how their property is used.

 

IP rights have long been recognized within various legal systems. For example, patents to protect inventions were granted in Venice as far back as the fifteenth century.

Modern initiatives to protect IP through international law started with the Paris Convention for the Protection of Industrial Property (1883) and the Berne Convention for the Protection of Literary and Artistic Works (1886).

These days, there are more than 25 international treaties on IP administered by WIPO. IP rights are also safeguarded by Article 27 of the Universal Declaration of Human Rights.

 

Different types and categories of IP

 IP is often divided into two main categories: Industrial property & Copyright and related rights

 1.    Copyright and rights related to copyright.

 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.

 Also protected through copyright and related rights are the rights of performers (e.g. actors, singers and musicians), producers of phonograms (sound recordings) and broadcasting organizations. The main social purpose of protection of copyright and related rights is to encourage and reward creative work.

 

2.      Industrial property: It can usefully be divided into two main areas:

One area can be characterized as the protection of distinctive signs, in particular trademarks and geographical indications.

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.

 Other types of industrial property 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.

The social purpose is to provide protection for the results of investment in the development of new technology, thus giving the incentive and means to finance research and development activities.

Striking a balance:

 The intellectual property system needs to balance the rights and interests of different groups: of creators and consumers; of businesses and their competitors; of high and low-income countries.

 An efficient and fair IP system benefits everyone – including ordinary users and consumers.

Some examples :

 ·         The multibillion-dollar film, recording, publishing and software industries – which bring pleasure to millions of people worldwide – would not thrive without copyright protection.

 ·         The patent system rewards researchers and inventors while also ensuring that they share their knowledge by making patent applications publicly available, which helps stimulate more innovation.

 ·         Trademark protection discourages counterfeiting, so businesses can compete on a level playing field and users can be confident they are buying the genuine article.

    In coming blog we will be discussing on different types and categories of IP in details...........