What is IPR?
Property created with the use of
intellect and out of the intellectual labour of the creator\inventor. The idea
and expression of such idea is his own original work and out of his ‘skill and
labour.’ Although idea per is cannot be protected.
What is the nature of IP and why it
is a ‘property’?
The intellectual property is
intangible i.e., it has a physical embodiment or an expression of the creation
but not necessarily. It differs from movable and tangible properties like one’s
land or house. The intangible properties are incorporeal in nature. Some
examples of IP include book, poem, working model/invention, plant varieties
from an area etc.
It is called a property for the very
reason that it has a ‘commercial value’ and industrial utility to it. A
property can be sold, altered and enjoyed possession by the owner and the same
applies to one’s IP. Such rights are not fundamental but statutory. But the
legal implications governing the controlling of IP protection gives that
exclusive right to enjoy the same for each IP right for a limited period.
Why one needs IP protection?
The purpose behind the statutes
governing the IPR field, have only one objective of protecting the original
work of the creator for a limited time to respect his skill and creativity in
spending time to create or invent something. It is to regard his right to have
ownership over such property. But reasonable limitations include a fixed time
to have ownership and also to prevent monopoly.
Often, pharma companies charge
higher prices on patented drugs cutting access to medicine for the public,
thus, exceptions like compulsory licensing and fair use are existing as
limitations. ‘Public purpose’ is a ground to determine the extent of exercising
the exclusive rights. It is in a way, an industrial property, making it useful
for country’s economy and commerce.
Types and classification of IP
rights
-Patent: granted to
inventions by the inventor. The conditions are that it has to have novelty,
industrial utility and different from existing models and not just a mere
re-arrangement. The patentable inventions can be either a process or product
patent, which is usually granted for a term of 20 years (changes according to
different countries). It creates a certain monopoly over the patented item.
-Copyright: right granted to
expression of ideas in physical form or in other expressed terms. Artistic,
dramatic, musical and written works of a creator. The registration of the same
is not necessary in some countries. The work has to be original and out of his
own creativity. International term of copyright period extends to 50 years
after the creator’s death as well.
-Trademark: a mark, sign,
form, an arrangement or combination of the colours or lines, name of a product,
which makes it distinguishable from other products and to identify the brand
name. It mainly helps to promote the company brand and to help the public
differentiate the same from others. It is synonymously called as service marks.
-Industrial Design: The pattern,
structure, that forms the product. The intricate and aesthetic features of the
product that makes unique from others. It must not be deceptively similar to
another design or used before applying for registration. It is different from
copyright and trademark.
-Geographical
indication & other rights: A plant variety or a type of food that is
located in a particular geographical locality or a part of country, be under
geographical indication. It helps to identify the origin of such product or
type of product to the people. Other IP rights include trade secrets and
undisclosed information.
-Trade
secrets, Non-disclosure and license agreements are also part of IP
protection.
Author: Swathi
Gunasekaran
Source: Quora
If you are looking for
an experienced IP attorneys in Vietnam to
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are supported by a team of experienced patent, trademark, design attorneys with
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