INTELLECTUAL PROPERTY RIGHTS (IPR) AND ITS TYPES
IPR stands for Intellectual Property Rights. To understand about Intellectual Property Rights, it is important to understand about the Intellectual Property (IP). Intellectual Property refers to the property which has both moral and commercial value and that comes out from the human intellect that may be a creation of human minds, inventions, copyrights on musical, literary, dramatic, artistic works and symbols, names, images used in commerce.
What are the Categories of Intellectual Property
Basically, Intellectual Property (IP) is divided into two categories :
1) Industrial Property :
Industrial Property again can be divided into two areas.
- One area can be distinctive signs for Trademarks (TM) that distinguish the goods or services of one enterprise or undertaking from those of other enterprises or undertakings.
Geographical Indications (GI) that identify a good originating in a place where a given characteristics of the good is essentially attributable to its geographical origin.
- Other areas include Patents, Industrial Designs (IDs), Trade Secrets (TS) for innovation, design and the creation of technology
- 2) Copyrights and Rights related to Copyrights deals with :
- Authors’ Literary works (e.g. novels, poems, plays, writings and books), Artistic works (e.g. paintings, sculptures, drawings and photographs), films, computer programs, musical compositions and architectural designs
- Neighboring Rights include rights of performers (e.g. actors, singers and musicians), broadcasting organizations in their radio and television programs, and producers of phonograms in their recordings
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Intellectual Property Rights (IPR)
Deals with the legal rights granted to protect the creation of the intellect. These rights are same as of other property right. Rights allow creator or owner to get benefits by exploiting their creation.
IPR provides an exclusive right for the limited period of time to the individuals, enterprises and other entities to exclude others from unauthorized use, copy, sell, distribution or license.
Further Intellectual Property Rights are outlined in Article 27 of the Universal Declaration of Human Rights, which talk about the right to benefit from the protection of moral and material interests resulting from authorship of scientific, literary or artistic productions.
The Importance of Intellectual Property (IP) was first recognized in the Paris Convention for the protection of Industrial Property in year 1883 and the Berne Convention for the protection of Literary and Artistic Works in year 1886. Both treaties are administered by World Intellectual Property Organization (WIPO).
Types of Intellectual Property Rights (IPR) are :
- Patents (Industrial Property): Patents protect new inventions or processes, giving the inventor the exclusive right to use, make, and sell the invention for a limited period, typically 20 years. Patents are vital for protecting technological and scientific advancements, from pharmaceutical drugs to computer technology.
- Trademarks (Industrial Property): Trademarks are distinctive signs, logos, or names that identify and distinguish products or services of a particular company from those of others. They are integral in brand recognition and consumer loyalty, and can be renewed indefinitely, as long as they are in use.
- Copyrights (Copyright and Related Rights): Copyrights protect original works of authors, artists, and composers. This includes books, music, paintings, photographs, films, and software. Copyrights typically last for the life of the creator plus 70 years, offering long-term protection of artistic and literary creations.
- Design Rights (Industrial Property): These rights protect the aesthetic aspect of a product, including its shape, pattern, color, and ornamentation. Design rights are crucial for industries where the visual appeal of products plays a key role, like fashion, furniture, and consumer electronics.
- Geographical Indications (Industrial Property): Geographical Indications (GIs) protect products that have a specific geographical origin and possess qualities, reputation, or characteristics essentially attributable to that origin. Examples include Champagne from France and Basmati Rice from India.
- Trade Secrets (Industrial Property): Trade secrets encompass confidential business information that provides a competitive edge, such as formulas, practices, processes, designs, instruments, or patterns. Protection of trade secrets is crucial for businesses in maintaining their competitive advantage.
Importance of IPR
IPR is a key factor in promoting creativity, innovation, and economic growth. It encourages investment in research and development, helps in technology transfer, and ensures that creators and inventors receive recognition and financial benefit from their creations.
Protecting Your Intellectual Property
Securing your intellectual property is critical to realizing the full potential of your creative and innovative efforts. Our services include expert guidance on IPR management and strategy, ensuring your intellectual assets are comprehensively protected.
Conclusion: Intellectual Property Rights are fundamental in the modern economy, incentivizing innovation and safeguarding creators’ and inventors’ rights. Understanding the various types of IPR, their significance, and methods of protection is essential for anyone involved in creative or innovative work.
