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Intellectual Property Law In India

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  • Level: Diploma
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Introduction

The human race is well adapted to 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 humans 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 the possibility of expanding the creations and ensuring suitable limitations and alternate systems of laws to adapt to protect the ways of depleting the creations of the holders. The survey discusses the need for the protection of Traditional Knowledge and the need for 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 government towards the protection.

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Body

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 acknowledgement 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 and 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 constrain multiple generations as the property of one. Intellectual Property (IP) refers to the creation of 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 the 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 processes 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.

Emerging Trends

Several trends followed the emergence of new technologies and economies that helped in elevating the importance of 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 the 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 litigation arising from the gains of innovations, and technological and commercial advancement. For instance, the 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 use or sell 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 licenses. Lastly, the Digital Millennium Copyright Act has evolved as it addresses the need for digital copyright law that allows the protection and authentication of inventions and maintaining records in the form of data digital or data digital that addresses the need for 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 steps to combat music piracy setting IPR regimes and productive streamlines.

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Contemporary and Emerging Issues of Intellectual Property Law

The protection of the 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 have acquired significance worldwide and has supported the development of technological development, however, forming major issues.

The arising issue is 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 the economy and society. A major issue is witnessed in the form of Anti-Competitive Practices where a dominant group conducts abusive exclusionary activities or a company that does not grant or permit license on market conditions while charging high prices that lead 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 of critical skills and inventions along with technologies has accelerated with the expansion of globalization and advancement of human resources within the developing economies. However, the development of both technology and capital has made IPR both valuable and vulnerable. IPR has been vulnerable to the use of introduction of new business methods including Napster’s file-sharing program that pricks to threatens the 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’ which 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 has been published by the holders of many without any authentication. India's copyright act witnesses deficits compared to the West as it is unable to meet the requirements regarding 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 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 by 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 protection. Secondly, it focuses on ways in which the developing countries ensure 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 favourable 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.

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Conclusion

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 by 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 is attuned to world approaches. Recent judicial rulings stated that IPL in India demonstrates effective guidance 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 enhancing the growth of inventions in maxim.

Reference

  • (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
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