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Intellectual Property Rights
Intellectual Property Rights
Intellectual property rights are the rights given to persons over the creations of their minds. This means this rights give the creator an exclusive right over the use of his/her creation for a certain period of time.
Intellectual property rights are customarily divided into two main areas:
- Copyright and rights related to copyright- This deals with the right of authors of literary and artistic work. This includes works such as musical compositions, paintings, sculpture, books and other writings, computer programs and films. These rights are protected by copyright for a minimum period of 50 years after the death of the author. The main purpose of copyrights and related rights is to encourage and reward creative work.
- Industrial property- This can be divided into two main areas. Firstly, the protection of distinctive signs, in particular trademarks(A trademark is a sign that individualizes the goods or services of a given enterprise and distinguishes them from those of competitors. To fall under law protection, a trademark must not be illegal, deceptive or immoral. It should be distinctive.) and geographical indications(A geographical indication is basically a notice stating that a given product originates in a given geographical area.). The main aim of such rights is to ensure fair competition and to protect consumers, by enabling them to make informed choices between various goods and services. It remains protected as long as it is distinctive. Secondly, the protection primarily to stimulate innovation, design and the creation of technology. In this category fall industrial designs inventions (protected by patents), and trade secrets. The main purpose is to provide protection for the results of investment in the development of new technology. This includes giving the incentive and means to finance research and development activities.
The facilitation of the transfer of technology in the form of foreign direct investment, joint ventures and licensing facilitation should be a function of intellectual property regime. Patent is an exclusive right granted by law to an inventor or assignee to prevent others from commercially benefiting from his/her patented invention without permission, for a limited period of time in exchange for detailed public disclosure of patented invention. In case of patent protection is given for a period of 20years.
Countries seek to care, protect and promote IPR because
- New innovations in all IPR domains lead to Human progress and advancement.
- Legal protection of new innovations encourages safe spending on other innovations.
- Caring for and protecting IPR contribute to achieving economic and social development.
IPR is not a new concept. It is believed that during the Renaissance era, IPR was initially started in North Italy. Venice, in 1474, issued a law regulating patents protection that granted an exclusive right for the owner. The copyright dates back to 1440 A.D. when Johannes Gutenberg invented the printing press with replaceable/moveable wooden or metal letters. Late in the 19th century, many countries felt the protection of laws regulating IPR. Globally two conventions, Paris Convention for the Protection of Industrial Property (1883) Berne Convention for the Protection of Literary and Artistic Works (1886), constituting the basis for IPR system worldwide had been signed.
