Intangible Property in India: Concept and Emerging Trends | Civil Law for Judiciary Exams PDF Download

Introduction to Intangible Property

• John Locke's perspective on natural right to property
• Concept of ownership and its complexities
• Evolution of ownership from tangible to intangible objects
• Examples of intangible property: brands, copyright, trademark, patents

Intellectual Property Rights (IPR)

• Explanation of intellectual property rights
• Example of a pharmaceutical company's invention and IP protection
• Types of intellectual property rights: patents, trademarks, copyrights
• Duration of protection for different types of intellectual property rights

Global Trends in Intellectual Property Rights

• Increased demand for knowledge of IPR due to industrial revolution
• Harmonization of IPR regimes across countries
• Protection of artistic and scientific works

This HTML structure presents a summarized and paraphrased version of the information provided, focusing on the concept of intangible property, intellectual property rights, and global trends in IPR.

Intellectual Property Rights and Human Rights

• The importance of intellectual property rights has evolved significantly over time, transitioning from being undervalued in the late 19th century to becoming highly valuable assets in today's market.
• This shift in perception has led to the establishment of new acts and organizations such as "TRIPS" (Trade-Related Aspects of Intellectual Property Rights, 1995) and "WIPO" (World Intellectual Property Organization).
• With increasing technological advancements, the relationship between human rights and intellectual property rights has become more pronounced.

Intersection of Human Rights and Intellectual Property Rights

• Following World War II, there has been a surge in the creation of human rights treaties, ushering in a new era of rights and humanitarianism.
• The United Nations has played a crucial role in this development through initiatives such as the Universal Declaration of Human Rights.
• This progress has resulted in the formation of international agreements like the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social, and Cultural Rights.

Case Example: Intersection of Human Rights and Intellectual Property Rights

• An illustrative case involves an Australian man who replicated sacred Aboriginal designs on a carpet without the artist's consent.
• The copied artwork held significant cultural and religious value, only to be revealed during special occasions.
• The court deemed this act as a violation of rights, emphasizing the importance of respecting cultural heritage and religious sentiments.
• The ruling emphasized that while monetary compensation may suffice for copying a design, replicating a sacred and culturally significant artwork constitutes a violation of human rights due to its impact on the community's identity and survival.

Understanding the Influence of Intangible Property on the Economy

Intellectual Property and its Significance

• Intellectual property, including patents, has been a topic of debate due to its immobility. Despite this, it remains crucial for economic development, often referred to as "the currency of the knowledge economy."

IPR Laws and Innovation

• IPR laws play a vital role in fostering innovation by providing individuals with the opportunity to explore and create using existing resources. This, in turn, becomes a cornerstone for economic growth.

The Impact of Patent Acts

• The introduction of patent acts, such as the one in 1970, aimed not only to grant rights to inventors but also to propel technological advancement in the industrial sector. This act facilitated the rapid development of technology, thereby improving the economic landscape of the country.

TRIPS Agreement and Market Opportunities

• Prior to the TRIPS agreement, the Indian market faced limitations in product innovation, particularly in sectors like medicine. However, the implementation of TRIPS created new avenues for growth and development by offering rights and opportunities for inventors.
• For instance, companies like Ranbaxy in India experienced substantial growth post-IPR implementation, expanding their market presence globally and showcasing the benefits of harmonizing IPR laws.

How Is Fair Dealing Emerging in India?

• Fair dealing is a concept that allows limited use of copyrighted material without the permission of the copyright owner.
• It serves as both a limitation and an exception in the realm of intellectual property rights, providing a balance between access to existing material and protection of creators' rights.
• This doctrine of equity enables individuals to reproduce new creations, promoting the development of fresh works without stifling creativity.
• It distinguishes between legitimate copying for moral reasons and dishonest intentions, emphasizing the importance of promoting innovation.

Copyright Laws in Different Countries

• Indian and UK copyright laws are perceived as restrictive and stringent compared to the more flexible approach in the US.
• India, despite advancements, has struggled to make significant progress in the domain of fair dealings, maintaining a strict stance on copyright violations.
• An illustrative case is "Independent News Services Pvt. Ltd. v. Yashraj Films Private Limited and Supercassettes Ltd.," highlighting the implications of copyright infringement and the importance of fair use.

Importance of Intellectual Property Rights

• Intellectual property rights have gained prominence with the rapid technological advancements in the 21st century.
• Increased awareness about the benefits of intellectual property rights has led to a greater emphasis on innovation and creativity.
• Technological progress has brought both opportunities and challenges, necessitating a balance between advancements and regulatory frameworks.
• The modern era offers inventors and creators the opportunity to explore new horizons and contribute to the growth of the artistic and imaginative realms.

Conclusion

• The evolving landscape of intellectual property rights underscores the significance of adapting to technological developments and leveraging them for societal progress.
• By understanding and respecting intellectual property rights, individuals can harness their creativity to innovate and contribute to various fields.