Evaluation Intellectual Property Rights

Dec 2022

Intellectual property has always existed since the dawn of time but there were no laws in place for their protection. Intellectual property is intangible asset, be it music, creative writing, arts, discoveries, inventions and development of unique words, symbols and artwork. Intellectual property rights is a generic term that covers copyright, industrial design, trade secrets, proprietary formulations, writing, music, dance, patents, trademarks and even trade dresses.

Intellectual property is the outcome of the efforts of the mind of an individual expressed in creative forms that are tangible or intangible such as art or music or unique concepts that may appeal to a higher aesthete as in arts, lead to innovations and inventions furthering economic development or even bettering health and living conditions of people.

Intangible asset can be translated or transformed into tangibles such as authorship of books, prints of paintings, music CDS and records and so on. An idea could lead to design leading to invention of a device, which is another example. As can be seen, intellectual property is wide in gamut and if any laws are developed and implemented they need to be comprehensive in nature and vast in scope to cover the entire spectrum. This effort on the part of individuals or organizations needs to receive reward by conferring a legal status and rights much as in the way real estate or assets are valued.

Nations across the world have developed some form of intellectual property rights to safeguard creators and grant them sole and exclusive rights for a certain period of time. It entitles them to claim monetary compensation for use of their creations and protection in the event anyone violates the law. There are limitations too in the extent of protection available. Going further, intellectual property can be considered as material to be bought and sold.

Nebulous in nature, intellectual property rights began to take concrete form during the 19th century but it was not until the 20th century that the British Statute of Anne 1710 and Statute of Monopolies 1623 established the foundations of patents and copyright leading to further progress. Once in the domain of the World Intellectual Property Organization (WIPO), it also became part of World Trade Organization (WTO) charter. TRIPS agreement of WTO incorporates minimum standards to be incorporated in member states’ laws.

WIPO Convention 1967, Art 2(viii) defines Intellectual Property as the rights covering creations in literary, artistic, scientific and technological fields including performances, photographs, broadcasts, industrial design, trademarks, logos, service marks, names, designations and virtually all creations that emanate from the human mind and have significant value that can be commercialized.

IP can cover biology and biotechnology and it takes into consideration not only new ones that are being introduced but also established and age old techniques and technologies, some of which are wrongfully appropriated as in the case of age old herbal usage that companies are grabbing in order to derive commercial benefit. To be more precise, intellectual property while denoting something intangible, seeks to make it tangible and define it and then grant right and protection to the creator. Intellectual property rights for a specific creation belong solely to that individual or corpus body and confer rights on them to exploit such development while excluding or prohibiting anyone else from making any use of it. Its scope and the nature make intellectual property rights tangentially different from rights and laws pertaining to tangible assets.

Trending Blogs
Evaluation Intellectual Property Rights
Intellectual property has always existed since the dawn of time but there were no laws in place for their protection. Intellectual property is intangible asset, be it music, creative writing, arts, discoveries, inventions and development of unique words, symbols and artwork. Intellectual property rights is a generic term that covers copyright, industrial design, trade secrets, […]
Read More
Music Law 101: What Does Copyright Law Protect?
Music Law 101 is all about protecting different musical works along with sound recordings to its original creator. As copyright can be a confusing part, it is better to know what all it protects so that it becomes easy. It is known that each piece of recording has two types of copyrights. First, it protects […]
Read More
Copyrights of Music in India
Music is an art more specifically an intangible form of art. Copyrighting a song or a melody protects the basic right of the creator. The copyright also assist the creator financially. In order to ask for copyright the creator needs to file a registration. Once the creator gains the copyright, any infringement to the copyrighted […]
Read More
US and India to join hands on the grounds of Intellectual Property Rights
After US President Donald Trump’s visit in India from February 24 to 25th February, India and the US have opted for an agreement relating to intellectual property rights or IPR. As a result of this, the cabinet sanctioned MoU with the US pertaining to IPRs, relevant to information and broadcasting as has been stated by […]
Read More
Drug Patents and Generic Pharmaceutical Drugs
When a drug is manufactured and released to the market in the initial period, it is sold under a certain brand names and can only be availed from a pharmacy after being prescribed by the doctor. The patent of the drug is owned by a few brands who are the only eligible brands to manufacture […]
Read More
Copyright Issues Involving Music
For a music composer, lyricist, a producer, or any performer, protecting music is a big concern under the U.S. copyright protection laws. By copyright, it indicates legal protection that is offered to the original work of music of the creator from others to use it by their name. The copyright law shall prevent others from […]
Read More
The Big Push to Reform Music Copyright for the Digital Age
Music creators of the present digital age should be aware of the copyright issues better due to different reasons. Music is made available on different websites, and it is necessary to prevent the increasing problem of infringement. Pertaining to this, a number of bills are proposed in Congress that can enhance royalty payment for the […]
Read More
Liability Of Internet Service Providers In Digital Environment
Isp Liability In India: Internet Service Providers (ISPs) can be liable for the content on the sites they host. They can be liable even if they were merely passively hosting the site, unless they take down the objectionable material when they receive notice of it. The Copyright Act and the Information Technology Act includes the […]
Read More
Fluid Trademarks
Fluid mark is often thought of as a conventional mark which can be converted to a living form with some specific representation. In other words, fluid trademark is a modern method of branding that shall help achieve success easily in this digital era. As per the name, the mark tends to change with time. This […]
Read More
Why Is Protection of Geographical Indication or Designation of Origin Essential?
Having knowing regarding geographical indication along with designation of origin is something that is of great need these days. Geographical indication or GI indicates a symbol, name or sign relating to a product that corresponds to a definite geographical origin, product’s features, qualities that are due from the origin. To make a sign work as […]
Read More
X
Download Firm Profile