The human race is well adapted for the application of ideas, innovations, imagination, and creativity to an existing base of knowledge to form a dynamic one that becomes the valuable and tangible form of products. Such ideas of human form a special idea in a distinctive way. The word property is used to describe the ideas and creations of one to claim ownership recognizing the potential of the holder. The concept of art merges with intellectual property resulting in potential creations. The study outlines to seek the possibility of expanding the creations and to ensure suitable limitations and alternate system of laws to adapt to protect the ways depleting the creations of the holders. The survey discusses a need for the protection of the Traditional Knowledge and the need of effective measures towards the protection of all creations towards feasibility and convenience. The essay adds to the study of the overview of the Intellectual Property Law (IPL), the emerging trends in IPL, the emerging issues and the necessary role of governmen
Overview of Intellectual Property Law in India
In the ancient times, knowledge and creations were given precedence over anything. Creations and knowledge were the treasures of every community and the owner of such creations that provided fame and reputation; the unmatchable creations, which now have been disseminated with no acknowledgment and returns. Sooner society introduced laws for the protection of creativity and the property of the creative holders, called the Property Rights. With the advent of globalization in the contemporary periods, strict rights and laws are maintained for the protection of certain knowledge, art and creations having much commercial potentiality.
Traditional knowledge that was within local control used as a public domain of the respective local communities had no claim of owners. Today those traditional creations are given rights for protection that constraints multiple generations as the property of one. Intellectual Property (IP) refers to the creation of the intellectual authority and ideas by the owners of laws and creators under the free governance of monopoly. Not until the 19th century, the term intellectual property came into use and it was only towards the end of 20th century it became commonplace in the world. Soon Intellectual Property Rights came under the recognition that includes copyrights, trademarks, geographical locations and identification, company rights and others.
IPL sets several types towards formative development in order to meet the use of novelty and industrial use. A patent is granted for upcoming products and process where every design needs to pass through the registration for its unique pattern and composition that is valid for 10 years and solely judged by the eye. A trademark acts as the designation or a label, the proof of the holder that authenticates the product. Significantly, the geographical indication provides the details as to where and when the product is processed and produced while identifying the products special characteristics. Lastly, the copyright and related rights act as main social purposes to encourage and reward any creative work.
Several trends followed the emergence of new technologies and economies that helped in elevating the importance of the Intellectual Property rights and law both politically and commercially. The Indian Intellectual Property underwent a huge change over the years that set a system where there is a marked balance of monopoly rights over intellectual property against any interest of public with increasing awareness among the inventors. India is where evolution and changes are rampant. Indian property laws are made consistent with laws of other signatories due to the urge of India to comply with the world intellectual property organization agreement on the aspects of the trade. There is an increase in the litigation arising from the gains of innovations, technological and commercial advancement. For instance, choice of forum that attacks validity, addresses the issue of jurisdiction determining the patent's validity.
In addition, the major trend recognizing the intellectual property law is the compulsory license that allows any third party to access or use or sells the invention without any legal permission or consent of the patent’s owner. The protection of inventions witnessed as India has muted all open source technologies with the introduction of creative license. Lastly, the Digital Millennium Copyright Act has evolved as it address the need for digital copyright law that allows protection and authentication of the inventions and maintaining records in the form of data of digital or data digital that addresses the need of protection across technologically uploaded or available data of inventors. Proactive approaches have been made by various industries towards the protection of IPL. For instance, the Indian Music Industry, have forged towards taking immediate and steps to combat music piracy setting IPR regimes and productive streamlines.
Contemporary and Emerging Issues of Intellectual Property Law
The protection of patent system and creative holders emerges as a commonplace and occupies contentious issues in global commerce. The patent system is under levels of mass use that has acquired significance worldwide and have supported towards the development of technological development, however, forming major issues.
The arising issue being the adequate requirements for the protection of IPL and the way countries must form systems to ensure such protection. The issues circle an internal challenge that concerns the operating system, and an external challenge that addresses the policy role and its impact on economy and society. A major issue witnessed in the form of Anti-Competitive Practices where a dominant group conducts abusive exclusionary activities or company that does not grant or permit license on market conditions while charging high prices that leads to the distortion of the competition of the market. In addition, the patent holders are unable to Barr abusing their rights and shaming. The flow critical skills and inventions along with technologies have accelerated with the expansion of globalization and advancement of human resources within the developing economies. However, the development of both the technology and capital has made IPR both valuable and vulnerable. IPR has been vulnerable to the use of introduction of new business methods that include Napster’s file sharing program that pricks to threaten entire industry and makes it controversial.
At a controversial level, the incentives of a developing country coincide with the developed countries following the reduction in the protection of the patent holders. Another major issue running across is ‘plagiarism’ that refers to the act of theft of the ideas of inventors or the patent without granting any permission under any authorization that gives rise to the multiple variations and divergence of the original and been published by the holders of many without any authentication. India copyright act witness deficits compared to the west as it is unable to meet the requirements regarding the technological protective measures. The intellectual property law needs legitimate protection against violation by adopting the measures. My analysis counts towards fulfilling the obligations of the funding agency, prevention of plagiarism, and the use of a property as financial gains and introducing income-generated strategies. Copyrights must be assured on the designs as to ensure no secondary or third party production. Intellectual properties must be governmentally registered for the prevention of duplicity and shaming.
I would like to add that creations of any kind either intellectual or commercial must be supervised, guided authenticated and assured copyright for the national development and rise of human minds pertaining to the process and product. Besides, counterfeiting there are challenges posed copyright infringement and pirated materials in the protection of IPR. The debate over the issues of the IPL is complex and inconclusive. Firstly, it revolves around the reform and harmonization of the legal framework for the protection. Secondly, it focuses on ways in which the developing countries ensuring the protection over the developed providing organized structure, management effective policies and legitimate economic interests.
Role of Government
The government on the protection of the laws and rights must ensure cooperation and procedural concepts and mechanisms. Must introduce international protective strict measures bound by the provisions of the agreement and establish the authentication of the right holder. The government must adhere to the introduction of intellectual property expertise and customs administration. There must be proper administration over designs, trademarks, and authentication agreed to the development and encouragement of more creative products, restrictions to web filtering, provide a favorable and conducive environment that seeks to develop the intellectual property. The government must provide safe guidelines and conduct scientific investigations, establish IPL management policy, provide incentives to the community of creators involved and lastly secure sponsored research findings at all levels and awareness of laws and rules.
The protection of IPL and its rights is a global phenomenon, acknowledged as essential as a business, in the view of the world, India has not failed to realize the value of IPL forming various treatises and conventions. India has complied with the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and the World Trade Organization (WTO) towards Indian IP protection and attuned to world approaches. Recent judicial rulings stated that IPL in India demonstrates effective guide and enforcement towards protection by establishing special IP cells to monitor cyber crimes and infringement. I would like to conclude by saying that it is expected that in the coming years India will stand to the best practices of protecting intellectual properties and enhance the growth of inventions in maxim.
- (2017) <http://www.nishithdesai.com/fileadmin/user_upload/pdfs/Research%20Papers/Intellectual_Property_Law_in_India.pdf> accessed 10 February 2017
- Neethu R, "Braiding Intellectual Property Law With Human Rights" (2014) 9 Journal of Intellectual Property Law & Practice