INTELLECTUAL PROPERTY RIGHTS

Ms Ankita Kamboj1 ankitakamboj09@gmail.com

Ms Pooja Dhillon2 poojadhillon24494@gmail.com

Assistant Professor, Department of Commerce, Guru Nanak Khalsa College, Karnal1,2

ABSTRACT

Intellectual Property Rights are the rights given to persons over the creations of their minds. They
usually give the creator an exclusive right over the use of his/her creation for a certain period of
time.The study of this paper is to perceive about intellectual property rights .This theoretical
framework studied about different types of intellectual property right. A patent provides legal
protection for a new invention, that is, an application of a new idea, discovery, or concept that is
useful. Copyright provides legal protection from copying for any creative work. A trademark
provides rights to use symbols, particular words, logos, or other markings that indicate the source
of a product or service. Trade secrets have the advantage that they never expire, but special
measures are required to ensure the continued secrecy.Intellectual Property Rights (IP) protect
company’s inventions,processes and concepts which is crucial for maintaining Brand and
competitive edge.

INTRODUCTION
Intellectual Property (IP) refers to the protection of creations of the mind, which have both a moral
and a commercial value.IP law typically grants the author of an intellectual creation exclusive
rights for exploiting and benefiting from their creation. However, these rights, also called
monopoly right of exploitation, are limited in scope, duration and geographical extent.IP protection
is intended to stimulate the creativity of the human mind for the benefit of all by ensuring that the
advantages derived from exploiting a creation benefit the creator. This will encourage creative
activity and allow investors in research and development a fair return on their investment.IP
confers on individuals, enterprises or other entities the right to exclude others from the use of their
creations. Consequently, intellectual property rights (IPRs) may have a direct and substantial
impact on industry and trade as the owner of an IPR may - through the enforcement of such a right
- prevent the manufacture, use or sale of a product which incorporates the IPR.For this reason
control over the intangible asset (IPR) connotes control of the product and markets.IP protection
encourages the publication, distribution and disclosure of the creation to the public, rather than
keeping it secret while at the same time encouraging commercial enterprises to select creative
works for exploitation.Intellectual property legal titles relates to the acquisition and use of a range
of rights covering different type of creations. These may be industrial or literary and artistic.
Types of Intellectual property rights

In most countries, there are four primary types of intellectual property (IP) that can be legally
protected. Each has their own attributes, requirements and costs.

 Patents

 Trademarks

 Copyrights

 Trade secrets

Patents New, non-obvious, industrially All industries, e.g.chemicals,

applicable inventions drugs, plastics, motors,
turbines, electronics, scientific
equipments, communication
equipments, etc.
Trademarks Signs or symbols to identify All industries
goods and services
Industrial designs Ornamental designs All industries, e.g.electronics,
automobiles, kitchenware, etc.
Topography of semi-conductor Original layout design Micro-electronics industry
products
Copyright Original work of authorship Publications, videos, photos,
broadcasting, etc.
Neighbouring rights Original work of authorship Performing artists, of producers
of phonogrammes and
broadcasting organisations, etc
Protection against unfair All the above All industries
competition
Trade secrets Secret business information All industries

Patent
A patent is a form of intellectual property. A patent gives its owner the right to exclude others from
making, using, selling, and importing an invention for a limited period of time, usually twenty
years. The patent rights are granted in exchange for an enabling public disclosure of the invention.
In most countries patent rights fall under civil law and the patent holder needs to sue
someone infringing the patent in order to enforce his or her rights. In some industries patents are
an essential form of competitive advantage; in others they are irrelevant.The procedure for
granting patents, requirements placed on the patentee, and the extent of the exclusive rights vary
widely between countries according to national laws and international agreements. Typically,
however, a granted patent application must include one or more claims that define the invention.
A patent may include many claims, each of which defines a specific property right. These claims
must meet relevant patentability requirements, such as novelty, usefulness, and non-
obviousness.Under the World Trade Organization's (WTO) TRIPS Agreement, patents should be
available in WTO member states for any invention, in all fields of technology, provided they are
new, involve an inventive step, and are capable of industrial application.Nevertheless, there are
variations on what is patentable subject matter from country to country, also among WTO member
states. TRIPS also provides that the term of protection available should be a minimum of twenty
years.
Trademark
Trademark is a recognizable sign, design, or expression which identifies products or services of a
particular source from those of others, although trademarks used to identify services are usually
called service marks.The trademark owner can be an individual, business organization or any legal
entity. A trademark may be located on a package, a label, a voucher, or on the product itself. For
the sake of corporate identity, trademarks are often displayed on company buildings.The first
legislative act concerning trademarks was passed in 1266 under the reign of Henry III, requiring
all bakers to use a distinctive mark for the bread they sold.The first modern trademark laws
emerged in the late 19th century. In France the first comprehensive trademark system in the world
was passed into law in 1857. The Trade Marks Act 1938 of the United Kingdom changed the
system, permitting registration based on "intent-to-use”, creating an examination based process,
and creating an application publication system. The 1938 Act, which served as a model for similar
legislation elsewhere, contained other novel concepts such as "associated trademarks", a consent
to use system, a defensive mark system, and non claiming right system.The symbols ™
(the trademark symbol) and ® (the registered trademark symbol) can be used to indicate
trademarks; the latter is only for use by the owner of a trademark that has been registered.
Types of Trademark
Word mark
A word mark consists of one or more words, for example Japp or Marco Polo. It can also be
combinations of numbers or letters, like SVT or 3RT.
The word mark is always registered in a standard font. This means that if you want to protect a
word in a specific font, you have to apply for a figurative mark.

Figurative mark/logotype

Figurative marks are the trademarks that consists of just a figure or a figure combined with one
or more words. Words in a specific font are also considered figurative. Figurative marks can be
registered in black and white or in colour.

Three-dimensional mark
If the product itself or the product’s packaging have a special shape, for example a perfume
bottle or a liqueur bottle, you may be able to register it as a three-dimensional mark. The shape
has to be significantly different from what is known on the market for a three-dimensional mark
to be registered.
Sound mark
A sound can be a trademark and can therefore also be registered. A sound mark is a sound or a
melody with a distinct recognition effect. A well-known sound mark is the melody owned by
Hemglass. When applying for a sound mark the mark can be represented by a sound file or by an
exact description of the sound in notation.

Motion mark
A mark where parts of the trademark are shifting, changing or moving. One example of a motion
mark is an animated logotype. When applying for a motion mark the mark can be represented
either by a video file or a series of still images that show the motion.

Multimedia mark
A mark that consists of a combination of sound and picture. The mark can be represented by an
audio-visual file that shows the combination of sound and picture.

Hologram mark
A mark where a three-dimensional picture is shown using holographic technique, for example a
rotating logotype. When applying for a hologram mark the mark can be represented by a video
file or a series of still images that show the variation of the hologram and the holographic effects.

Position mark
A position mark consists of a specific placement of a trademark on a product. A position mark
can be represented by an image that shows how the mark is positioned and what size and
proportion it has compared to the product it is placed on. The parts that are not included in the
exclusive right should be separated from the trademark in the representation, for example by
dashed or unbroken lines.

Pattern mark
A continuous pattern can be protected as a pattern mark. It can be represented by an image that
shows the pattern and how it is repeated. The applicant can also attach a description of how the
pattern is repeated, along with the representation.

Copyright

Copyright is a legal right, existing in many countries, that grants the creator of an original
work exclusive rights to determine whether, and under what conditions, this original work may be
used by others.This is usually only for a limited time. Copyright is one of two types of intellectual
property rights, the other is industrial property rights.The exclusive rights are not absolute but
limited by limitations and exceptions to copyright law, including fair use. A major limitation on
copyright on ideas is that copyright protects only the original expression of ideas, and not the
underlying ideas themselves.Copyright is applicable to certain forms of creative work. Some, but
not all jurisdictions require "fixing" copyrighted works in a tangible form. It is often shared among
multiple authors, each of whom holds a set of rights to use or license the work, and who are
commonly referred to as rights holders.These rights frequently include reproduction, control
over derivative works, distribution, public performance, and moral rights such as
attribution.Copyrights can be granted by public law and are in that case considered "territorial
rights". This means that copyrights granted by the law of a certain state, do not extend beyond the
territory of that specific jurisdiction. Copyrights of this type vary by country; many countries, and
sometimes a large group of countries, have made agreements with other countries on procedures
applicable when works "cross" national borders or national rights are inconsistent.

Typically, the public law duration of a copyright expires 50 to 100 years after the creator
dies, depending on the jurisdiction. Some countries require certain copyright formalities to
establishing copyright, others recognize copyright in any completed work, without formal
registration. Generally, copyright is enforced as a civil matter, though some jurisdictions do
apply criminal sanctions.Most jurisdictions recognize copyright limitations, allowing "fair"
exceptions to the creator's exclusivity of copyright and giving users certain rights. The
development of digital media and computer network technologies have prompted reinterpretation
of these exceptions, introduced new difficulties in enforcing copyright, and inspired additional
challenges to the philosophical basis of copyright law.Simultaneously, businesses with great
economic dependence upon copyright, such as those in the music business, have advocated the
extension and expansion of copyright and sought additional legal and technological
enforcement.Copyright licenses can also be granted by those deputized by the original claimant,
and private companies may request this as a condition of doing business with them. Services of
internet platform providers like YouTube, Facebook, GitHub, Hotmail, DropBox, Instagram,
WhatsApp or Twitter only can be used when users grant the platform provider beforehand the right
to co-use all uploaded content, including all material exchanged per email, chat or cloud-storage.
These copyrights only apply for the firm that operates such a platform, no matter in what
jurisdiction the platform-services are being offered. Private companies in general do not recognize
exceptions or give users more rights than the right to use the platform according certain rules.
Exclusive rights typically attach to the holder of a copyright

 protection of the work

 to determine and decide how, and under what conditions, the work may be marketed,
publicly displayed, reproduced, distributed etc.
 to produce copies or reproductions of the work and to sell those copies (including, typically,
electronic copies)
 to import or export the work
 to create derivative works (works that adapt the original work)
 to perform or display the work publicly
 to sell or cede these rights to others
 to transmit or display by radio, video or internet

Trade secrets

A trade secret is a formula, practice, process, design, instrument, pattern, commercial method,
or compilation of information not generally known or reasonably ascertainable by others by
which a business can obtain an economic advantage over competitors or customers. In
some jurisdictions, such secrets are referred to as confidential information.The precise
 language by which a trade secret is defined varies by jurisdiction, as do the particular types of
information that are subject to trade secret protection.Three factors are common to all such
definitions:A trade secret is information that is not generally known to the public;confers
economic benefit on its holder because the information is not publicly known; and where the
holder makes efforts to maintain its secrecy.

Conclusion
Intellectual Property Rights (IP) protect company’s inventions,processes and concepts which is
crucial for maintaining Brand and competitive edge.Company can increase their competitiveness
in a variety of ways by dedicating time and resources to the importance of intellectual property
.Intellectual property assets are a source of value for companies and also a reason why they should
be managed as a part of a business strategy.IP can help to promote a company to a leading role in
its business trade field.
References
https://www.esa.int/About_Us/Law_at_ESA/Intellectual_Property_Rights/What_is_intellectual_propert
y

https://www.ncbi.nlm.nih.gov/pubmed/21337093

https://www.wto.org/english/tratop_e/trips_e/intel1_e.htm

http://www.ipindia.nic.in/

http://www.innovaccess.eu/why-use-ip

https://www.ncbi.nlm.nih.gov/pubmed/21337093

https://www.wipo.int/sme/en/ip_business/trade_secrets/trade_secrets.htm

https://synchlaw.se/trade-secret-protection

http://copyright.gov.in/

https://www.prv.se/en/trademarks/applying-for-a-trademark/what-is-a-trademark/