Legal Guide

Know about Intellectual Property rights and How it Works

by Mandvi Singh · 5 min read

Know about Intellectual Property rights and How it Works

Factors that determine whether a country is strong or has a good hold in the world market a very vast and difficult to jot down. What can be clearly stated is that intellectual property has a major role in establishing whether a country invests in innovation and its protection or it is more dependent upon importing things from other countries and using their inventions. it is very important that whatever people and the intellect grow to get global or national attention if that is provided the government also needs to make sure that they can protect it and are doing justice to the time and efforts induced in it.

What is Intellectual Property

Anything that has been created by human intellect and has got industrial application do it can be stated as intellectual property. As the name suggests it is got everything to do with whatever novice invention we have to provide to this world. These inventions can be categorised under many heads but the sole purpose and identity of these properties are that they need protection and are used for the betterment of the human race. Intellectual property right, it’s a very fast subject hence it has been broadly classified into different categories according to the kind of protection they are seeking and the type of invention they have made.

What are some of the major types of Intellectual Properties

In the Indian market we broadly classify intellectual properties under the following heads:

  • Copyright
  • Patent 
  • Trademark
  • Geographical indications
  • Traditional knowledge
  • Design laws

All of them have different purposes to solve and the tenure of protection is different for each of them. The sole purpose of intellectual property law is to protect the interests of the owner of the property and to also make sure that the public can utilise this invention after a certain point in time.

If we look at a very technical definition of intellectual property it suggests that all the creation of mind such as design, symbols, artistic work, literary, names and images that have industrial application come under the head of intellectual property. The intellectual property definition is quite clear and has got different segregation for different parts of intellectual property. It is up to us to determine under which head our invention will fall and the perks that we will be enjoying in the future.

Intellectual Property infringement

The reason why an inventor seeks protection of their intellectual property is to make sure they can get rewards for such novelty and nonobvious invention. Industrial applicability is an integral part of intellectual property and if anyone is unable to reap the benefits of such a thing then the laws of that particular country are failing in protecting such trailblazers. So the root cause of seeking intellectual property rights protection is to deter others from using your invention without your permission.

A case for intellectual property infringement is filed when your intellectual property is registered and someone without your prior permission uses that property and makes money out of it. Such an act is regarded as intellectual property infringement. 

Intellectual Property protection in India

As mentioned earlier, the strength and world standing of any popular country is deciphered by manufacture intellectual property is one of the major role players in this area. India sadly falls on the lower pedestrian when it comes to the protection of intellectual property. There aren’t many protection clauses or following of trips agreement to its basics is done in our domestic laws. All the laws that have been implemented in our country need to be fast-tracked and think from a public point of view rather than an inventor. Though the country was forced to move from process painting to product patent what still is a right balance required as to what is the extent we are seeking protection for the inventor and to that of public use.

Intellectual Property has a fixed period of protection

The reason why there is a fixed duration allotted for the rights to an intellectual property is to allow the inventor to reap the benefits for a fixed duration and then after it is available for public use. The reason why an invention is created is to make sure that the world benefits from it. If the use and its availability are limited, then the sole purpose of intellectual property is failed hence striking a correct balance between the two is the reason why they have set a fixed duration for protection in certain intellectual properties.

Conclusion

The pace at which Intellectual Property lawyers are increasing their practice in the protection of IP, it is a testament to the fact that India is producing high number of innovations which will benefit the country and aid its economic development. There’s a long way to go but the first step has been taken towards it.

Your unique work needs to be protected by a patent so that no one else takes benefit of your unique work unduly. Consult a lawyer to know the patent registration process.

Mandvi Singh

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Mandvi Singh

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