INTELLECTUAL PROPERTY RIGHTS
INTRODUCTION
Intellectual property rights are the exclusive rights given
to persons by the Governments 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. IPRs are also granted to Organisations /
Companies / Institutions.
IPRs are legal in nature and governed by the
respective Legal Acts legislated by the Parliament of the respective
Nation (say Government of India)
The Intellectual Property Rights are in turn
abide to the decisions made by World Trade Organisation (WTO), an International
Body set up and stationed at Geneva, Switzerland.
In order to have better understanding of IPRs
we need to know about WORLD TRADE ORGANISATION which is the Primary Institution
related to the Trade among the Nations. The TRIPS agreement of WTO governs
the Intellectual Property Rights.
WORLD
TRADE ORGANISATION
The
World Trade Organization (WTO) is the global organization dealing with the
rules of trade between nations. It deals with the Trade agreements, negotiated
and signed by the bulk of the world’s trading nations and ratified in their
parliaments.
The
aims of WTO are to ensure that trade flows as smoothly, predictably and freely
as possible among the member nations across the Globe.
The individual
member nations look at the World Trade Organization for the following Trade
Related issues.
·
It is an organization for trade
opening.
·
It is a forum for governments to
negotiate trade agreements.
·
It is a place for them to settle
trade disputes.
·
It operates a system of trade
rules.
·
Essentially, the WTO is a place
where member governments try to sort out the trade related problems, they face
with each other.
In a nutshell it is the
platform to settle all the matters relating to World Trade.
The WTO provides a forum for negotiating agreements aimed at
reducing obstacles to international trade and ensuring a level playing field
for all, thus contributing to economic growth and development. It also provides
a legal and institutional framework for the implementation and monitoring of
these agreements, as well as for settling disputes arising from their
interpretation and application.
The current body of trade agreements comprising the WTO consists
of 16 different multilateral agreements (to which all WTO members are parties)
and two different plurilateral agreements (to which only some WTO members are
parties).
The Organisation was established in 1995. It was earlier known as
GATT (General Agreements of Trade and Tariff) have helped to create a strong
and prosperous international trading system. The WTO currently has 164
members, of which 117 are developing countries or separate customs
territories.
WTO's main activities are:
— negotiating the reduction or elimination of obstacles to trade
(import tariffs, other barriers to trade) and agreeing on rules governing the
conduct of international trade (e.g. antidumping, subsidies, product standards,
etc.)
— administering and monitoring the application of the WTO's agreed rules for trade in goods, trade in services, and trade-related intellectual property rights
— monitoring and reviewing the trade policies of its members, as well as ensuring transparency of regional and bilateral trade agreements
— settling disputes among members regarding the interpretation and application of the agreements
— building capacity of developing country government officials in international trade matters
— assisting the process of accession of some 30 countries who are not yet members of the organization
— conducting economic research and collecting and disseminating trade data in support of the WTO's other main activities
— explaining to and educating the public about the WTO, its mission and its activities.
— administering and monitoring the application of the WTO's agreed rules for trade in goods, trade in services, and trade-related intellectual property rights
— monitoring and reviewing the trade policies of its members, as well as ensuring transparency of regional and bilateral trade agreements
— settling disputes among members regarding the interpretation and application of the agreements
— building capacity of developing country government officials in international trade matters
— assisting the process of accession of some 30 countries who are not yet members of the organization
— conducting economic research and collecting and disseminating trade data in support of the WTO's other main activities
— explaining to and educating the public about the WTO, its mission and its activities.
The WTO’s Agreement on Trade-Related Aspects
of Intellectual Property Rights (TRIPS), negotiated during the 1986-94 Uruguay Round,
introduced intellectual property rules into the multilateral trading system for
the first time. It was an important agreement related to goods in World Trade.
The
WTO’s TRIPS
Agreement is an attempt to narrow the gaps in
the way these rights are protected and enforced around the world, and to bring
them under common international rules. It establishes minimum standards of
protection and enforcement that each government has to give to the intellectual
property held by nationals of fellow WTO members.
The
TRIPS Agreement covers five broad areas:
·
how general provisions and basic principles of the multilateral
trading system apply to international intellectual property
·
what the minimum standards of protection are for intellectual
property rights that members should provide
·
which procedures members should provide for the enforcement of
those rights in their own territories?
·
how to settle disputes on intellectual property between members of
the WTO
·
special transitional arrangements for the implementation of TRIPS
provisions.
Need
and Development
In order to sustain in
business there is need for continuous search for new products and processes.
Innovations are essential to look for new products or improvement of existing
products. These innovations are protected in a legal framework through IPRs.
IPR is the personal property
of a single or group of people resulting from the creative or inventive work. These
creations include products / processes inventions, designs, symbols, names,
ideas, literary works and so on in original form. These creations /inventions
should be protected from copying by others and using for business gains.
IP
rights are important to set the business apart from competitors. be
sold or licensed, providing an important revenue stream.
Advantages of IPRs
Intellectual property rights help the inventor in
providing exclusive rights thereby helps to distribute and share information
and data instead of keeping it secret or confidential.
It also provides legal
protection and offers them incentive of their work through licencing. Rights
granted under the intellectual property act helps in socio and economic
development.
India has defined the
establishment of statutory, administrative and judicial framework for
protecting the intellectual property rights in the Indian territory.
IPRS include patents,
copyrights, trademarks, industrial deigns, geographical indications, trade
secrets, layout designs for integrated circuits and even ideas.
IPRs in India
IPRs in
India are governed by Central Government through various Acts.The following are
different acts promulgated through Parliament and are being implemented. They
include
1. The Patent Act,
1970 For protection of Inventions with consequent amendments thereon
2. The Trademark Act,
1999 for protection of a word, phrase, symbol, and/or design that identifies
and distinguishes the source of the goods of one party from those of other and
Consequent amendments thereon
3. Indian Copyright
Act, 1957 for protection of original works of authorship including literary,
dramatic, musical, and artistic works, such as poetry, novels, movies, songs,
computer software, and architecture and consequent amendments from time to
time.
4. The Geographical
Indications of Goods (Registration & Protection) Act, 1999 for protection
of products that have a specific geographical origin and possess qualities or a
reputation that are due to that origin.
5. The Designs Act,
2000 for protection of the 'overall appearance of the product resulting from
one or more visual features.' The visual features encompass the shape,
configuration, pattern and ornamentation of the product but do not extend to
the functionality and amendment, if any.
6. The Protection of
Plant Variety and Farmers Rights Act, 2001 for protection of plant varieties.
7. Trade Secrets: In
India there is no specific legislation for protection of confidential
information and trade secrets. But, the related cases are prosecuted on the
principles of equity, common law for breach of confidence/ contractual
obligations.