An Introduction to Intellectual Property Rights
The 'Whats" and "Whys" of IPR
According to the World Intellectual Property Organization, the term 'Intellectual Property' indicates the legal rights resulting from intellectual activity in the fields of science, industry, literature and art. An inventor of a machine or technology, an artist who creates paintings, a musician who composes his own piece of music or a poet or author who writes a story or book, are all 'owners' of their work and have a right to take credit for their 'creativity'. Thus the 'creator' has exclusive rights over his work and can decide how or where to use it. No other person is technically allowed to use his/her work without explicit permission from the creator.
This is done so as to encourage originality and creativity and thwart duplication and piracy. It is only fair and just that the person putting in work and effort gets some benefit due to his endeavour. Due to the existence of Intellectual Property Rights (IPR), the original creator gets an a monetary incentive each time his/her work is 'purchased' by other people, in recognition of the thought, effort, time and money spent. The financial benefit associated with it helps set up industries based on novel thinking and creativity.
Definition Of Intellectual Property
The Convention Establishing the World Intellectual Property Organization (WIPO) defines Intellectual Property as under:
“Literary artistic and scientific works; performances of performing artists, phonograms, and broadcasts; inventions in all fields of human endeavor; scientific discoveries; industrial designs; trademarks, service marks, and commercial names and designations; protection against unfair competition; and all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields.” (Convention Establishing the World Intellectual Property Organization, Signed at Stockholm on July 14, 1967; Article 2, § viii)
Types Of Intellectual Property
Broadly, Intellectual Property can be classified under the following two categories:
a. Copyright and Related Rights- This applies to any original work of art, literature or science. Examples are books, photographs, paintings, website articles, architectural designs, etc. Related Rights include public performances and broadcasts over TV, Radio or the Web.
b. Industrial Property- It is further subdivided into the following heads:
- Patents- Any new 'invention', from a better mousetrap to a space shuttle, is covered by patents.
- Industrial Designs- These are related to copyrights and specifically cover those aspects of an article which are aesthetic or ornamental. It may include the shape or surface texture of the article, specific colour or colour combinations used, patterns, lines and other design parameters.
- Trademark, Service Marks and Geographical Indications- These are the most familiar form of IPR for most people. It comprises logos, e.g.a symbol or graphic, used to represent a product, like the rounded yellow 'M' which represents McDonalds, or the 4 looped circles representing Audi. Also covered are Geographical Indications, which are names used to indicate products that originate from a specific geographical region of the world e.g., Champagne or Cognac, which are spirits that are made only around the towns of Champagne and Cognac in France. Other examples are Havana cigars and Darjeeling tea.
- Protection against Unfair Competition- Under this head, protection is offered to a producer against a competitor who uses unfair means like making untrue claims or imitating a logo or design in order to deceive the consumer into believing the product is of a specific brand (counterfeits).
Resources
World Intellectual Property Organization
An Introduction to Intellectual Property, by WIPO (Kluwer Law International)
WIPO Headquarters at Ganeva
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