Importance of Intellectual Property Rights can be understood in a simple manner. God gifted a wonderful thing called Brain to Man bestowed with imagination and creativity. With his imagination and creativity, he has been producing various articles or products for his needs, comfort and convenience. In the earlier era, the creations and inventions by him fell in a public domain. These were the common properties. Anybody could use and copy these creations and inventions without any restriction, reservation or payment. However, with the passage of time,theimportance and value of these creations was realized. The commercial aspect started playing a significant role in these creations. By end of Twentieth Century,the
things created and invented by the human mind were recognized as an intellectual property of the owner .The owner’s right over these properties was accepted and is known as an Intellectual Property Right (commonly called IPRs). A new set of laws called Intellectual Property Right Laws, were enacted to protect these property rights. These IPRs laws provided a protection to the owners under different categories and names like Patents, Industrial designs, Copyrights, Trade Marks etc.
The intellectual property rights were essentially recognized and accepted all over the world due to some very important reasons-
a) To provide incentive to the individual for new creations.
b) Providing due recognition to the creators and inventors.
c) Ensuring material reward for intellectual property.
d) Ensuring the availability of the genuine and original products
e) To safeguard owner’s rights for his creations
The Intellectual Property Right courses in India are getting streamlined and therefore the knowledge of intellectual property rights is must to a common man. A common man everywhere and every time come across the things created, invented, discovered and produced by some human mind. These items of intellectual properties can be classified into two main categories:-
a) Industrial Property items
b) Copyright and related rights items.
The industrial properties items include all sort of inventions, trade marks, industrial designs, and geographic indicators of source. The copyrights and related rights items include all literary works which range from articles, news-paper items, novels, story books, poetry books, drawings, photographs, paintings, architectural design, music, dance, films and artistic performances etc.
The industrial property items are found all around us. All inventions are covered under this category. An invention has been defined as a process or a product which provides a new way of doing some thing or provides a new solution to a problem. Inventions are protected by the Patents. The owner of inventions can get his invention registered under a Patent. A Patent is granted for a period of 20 years form the date of filing the application of patent. After this period the invention is available to all for commercial exploitation and it becomes a public property.
Some of the products we use in daily life are protected by Trademark laws. A Trade mark can be registered like invention and industrial designs. The trade mark can be combination of words, letters, numbers, drawings, images, symbols, and even sounds. The trade-marks are generally registered for ten years but they can be renewed indefinitely by filing renewal application and paying the required fee.
A design is the aesthetic or the ornamental aspect of an article. The design can be two-dimensional like patterns, lines or colors. They can be three-dimensional like surface or shape of an article and have the commercial value. Due to these reasons,the industrial design is protected.
Some of the products we use have association with geographical indicators of source. The things like Basmati rice of Dehradun, Champagne of France, Darjeeling tea etc. are the product which can be protected by laws and international agreements because they are the geographical indicators of source.
The Copyrights are provided for items like literary, musical, artistic works like songs, musical scores, poetry, paintings, sculpture, films, architecture, maps, technical drawings; computer programs, data base etc. are provided to the creators. Copyrights provide exclusive right to the creator to use or authorized other to use their workers. The furniture is protected under industrial design whereas toys are protected under industrial design and copyrights.
Even the traditional craft items like hand-woven articles like carpets, cotton bed covers can also be registered for protection as an Industrial design. The protection of indigenous and traditional knowledge, folklore, culture and innovations are the some of the latest entries in the field of intellectual properties rights.
A common man comes across intellectual properties from dawn to dusk. The goods having a very wide spectrum and associated with food, shelter and clothes; the things of necessity, comfort and luxury. These properties have been covered under a patent or a copy right or a trade mark. Since a common man’s life is very closely linked with articles and products which are protected by law under intellectual rights. The copying, imitation, adaptation, and un-authorized reproduction of these things, without the permission of the owner, may amount to a serious offence.
Therefore,the knowledge about intellectual property right is must for a common man.
Indian Academy of Law & Management (“IALM”) offers a certification program on Intellectual Property Right course in India. An online course offered by IALM namely Advance Certifications in Intellectual Property Rights has been designed in such a manner that it not only cultivates among its students an interest in learning the subject; but also helps them understand the core of Intellectual Property Right.
This course can be done by any Law Student, Lawyer, Patent Agent, Scientist,
Chartered Accountant, Company Secretary, Government Official, etc. The course
curriculum has been designed and developed by Academicians, IP Attorneys and Senior
Advocates with an objective of providing comprehensive understanding of Intellectual
Property Rights and further to build employable skills in this area. More course
details can be obtained from the website of IALM (www.ialm.academy).