Introduction

Intellectual Property (IP) deals with any basic construction of human intelligence such as artistic, literary,
technical or scienti c constructions. Intellectual Property Rights (IPR) refers to the legal rights granted to
the inventor or manufacturer to protect their invention or manufacture product. These legal rights confer
an exclusive right on the inventor/manufacturer or its operator who makes full use of it’s his invention/
product for a limited period of time.

In other words, we can say that the legal rights prohibit all others from using the Intellectual Property for
commercial purposes without the prior consent of the IP rights holder. IP rights include trade secrets,
utility models, patents, trademarks, geographical indications, industrial design, layout design of integrated
circuits, copyright and related rights, and new varieties of plants. It is very well settled that IP plays an
important role in the modern economy.

There are many types of intellectual property protection. A patent is a recognition for an invention that
satis es the criteria of global innovation, and industrial application. IPR is essential for better
identi cation, planning, commercialization, rendering, and thus the preservation of inventions or
creativity. Each industry should develop its speciality based on its IPR policies, management style,
strategies, and so on. Currently, the pharmaceutical industry has an emerging IPR strategy, which needs
better focus and outlook in the coming era.

IPR is a strong tool, to protect the investment, time, money, and effort invested by the inventor/creator of
the IP, as it gives the inventor/creator an exclusive right for a certain period of time for the use of its
invention/creation. Thus, IPR affects the economic development of a country by promoting healthy
competition and encouraging industrial growth and economic growth. The present review presents a brief
description of IPR with particular emphasis on pharmaceuticals.

Meaning of intellectual Property

Intellectual Property can be de ned as inventions of the mind, innovations, literary and artistic work,
symbols, names and images used in commerce. The objective of intellectual property protection is to
encourage the creativity of the human mind for the bene t of all and to ensure that the bene ts arising
from exploiting a creation bene t the creator. This will encourage creative activity and give investors a
reasonable return on their investment in research and development.

IP empowers individuals, enterprises, or other entities to exclude others from the use of their creations.
Intellectual Property empowers individuals, enterprises, or other entities to exclude others from the use of
their creations without their consent.

According to Article 2 of the WIPO (World Intellectual Property Organisation) – Central Organisation for
the protection of Intellectual Property Laws and the expert organization of the UN, “”Intellectual
Property shall include the rights relating to literary, artistic and scienti c works, inventions in all elds of
human endeavour, scienti c discoveries, industrial designs, trademarks, service marks and commercial
names and designations, protection against unfair competition, and all the other rights resulting from
intellectual activity in the industrial, scienti c, literary or scienti c elds.””

Meaning of intellectual property rights

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 The intellectual property right is a kind of legal right that protects a person’s artistic works, literary
works, inventions or discoveries or a symbol or design for a speci c period of time. Intellectual property
owners are given certain rights by which they can enjoy their Property without any disturbances and
prevent others from using them, although these rights are also called monopoly rights of exploitation, they
are limited in geographical range, time and scope.

As a result, intellectual property rights can have a direct and substantial impact on industry and business,
as the owners of IPRs one can enforce such rights and can stop the manufacture, use, or sale of a product
to the public. IP protection encourages publication, distribution, and disclosure of the creation to the
public, rather than keeping it a secret and to encourage commercial enterprises to select creative works for
exploitation.

Nature of intellectual Property

• Intangible Rights over Tangible Property: The main Property that distinguishes IP from other
forms of Property is its intangibility. While there are many important differences between
different forms of IP, one factor they share is that they establish property protection over
intangible things such as ideas, inventions, signs and information whereas intangible assets and
close relationships are a tangible object. In which they are embedded. It allows creators or owners
to bene t from their works when they are used commercially.
• Right to sue: In the language of the law, IP is an asset that can be owned and dealt with. Most
forms of IP are contested in rights of action that are enforced only by legal action and by those
who have rights. IP is a property right and can, therefore, be inherited, bought, gifted, sold,
licensed, entrusted or pledged. The holder of an IPR owner has a type of Property that he can use
the way he likes subject to certain conditions and takes legal action against the person who
without his consent used his invention and can receive compensation against real Property.
• Rights and Duties: IP gives rise not only to property rights but also duties. The owner of the IP
has the right to perform certain functions in relation to his work/product. He has the exclusive
right to produce the work, make copies of the work, market work, etc. There is also a negative
right to prevent third parties from exercising their statutory rights.
• Coexistence of different rights: Different types of IPRs can co-exist in relation to a particular
function. For example, an invention may be patented, and the invention photograph may be
copyrighted. A design can be protected under the Design Act, and the design can also be
incorporated into a trademark. There are many similarities and differences between the various
rights that can exist together in IP. For example, there are common grounds between patent and
industrial design; Copyright and neighbouring rights, trademarks and geographical indications,
and so on. Some intellectual property rights are positive rights; the rest of them are negative
rights.
• Exhaustion of rights: Intellectual property rights are generally subject to the doctrine of
exhaustion. Exhaustion basically means that after the rst sale by the right holder or by its
exhaustion authority, his right ceases and he is not entitled to stop further movement of the goods.
Thus, once an IP rights holder has sold a physical product to which IPRs are attached, it cannot
prevent subsequent resale of that product. The right terminates with the rst consent. This
principle is based on the concept of free movement of goods which is in force by consent or right
of the rights holder. The exclusive right to sell goods cannot be exercised twice in relation to the
same goods. The right to restrict further movements has expired as the right holder has already
earned his share by the act of placing goods for the rst sale in the market.
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 • Dynamism: IPR is in the process of continuous development. As technology is rapidly evolving
in all areas of human activities, the eld of IP is also growing. As per the requirement of scienti c
and technological progress, new items are being added to the scope of IPR, and the scope of its
preservation is being expanded. Bio Patents, Software Copyrights, Plant Diversity Protection,
these are few names which re ect contemporary developments in the eld of IPR. The importance
of intellectual property and its mobility is well established and re ected at all levels, including
statutory, administrative and judicial.
Scope of intellectual Property

The scope of IP rights is broad; two classi cation modes are used to determine whether IP is copyright or
Industrial Property. Industrial properties include patents or inventions, trademarks, trade names,
biodiversity, plant breeding rights and other commercial interests. A patent gives its holder the exclusive
right to use the Intellectual Property for the purposes of making money from the invention.

An invention is itself a new creation, process, machine or manufacture. Having copyright does not give
you the exclusive right to an idea, but it protects the expression of ideas that are different from a patent.
Copyright covers many elds, from art and literature to scienti c works and software.

Even music and audio-visual works are covered by copyright laws. The duration of copyright protection
exists 60 years after the death of the creator. In other words, an author’s book is copyrighted for his entire
life and then 60 years after his death. Unlike patent laws, there is no requirement of the administrative
process in copyright laws.

Why promote and protect Intellectual Property?

There are several reasons for promoting and protecting intellectual property. Some of them are:

1. Progress and the good of humanity remain in the ability to create and invent new works in the
eld of technology and culture.
2. IP protection encourages publication, distribution, and disclosure of the creation to the public,
rather than keeping it a secret.
3. Promotion and protection of intellectual Property promote economic development, generates new
jobs and industries, and improves the quality of life.
Intellectual Property helps in balancing between the innovator’s interests and public interest, provide an
environment where innovation, creativity and invention can ourish and bene t all.

KINDS OF IPR

Kinds of intellectual Property

The subject of intellectual property is very broad. There are many different forms of rights that together
make up intellectual property. IP can be basically divided into two categories, that is, industrial Property
and intellectual property. Traditionally, many IPRs were collectively known as industrial assets.

It mainly consisted of patents, trademarks, and designs. Now, the protection of industrial property extends
to utility models, service marks, trade names, passes, signs of source or origin, including geographical
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 indications, and the suppression of unfair competition. It can be said that the term ‘industrial property” is
the predecessor of ‘intellectual property”.

Copyright

Copyright law deals with the protection and exploitation of the expression of ideas in a tangible form.
Copyright has evolved over many centuries with respect to changing ideas about creativity and new
means of communication and media. In the modern world, the law of copyright provides not only a legal
framework for the protection of the traditional bene ciaries of copyright, the individual writer, composer
or artist, but also the publication required for the creation of work by major cultural industries, lm;
Broadcast and recording industry; And computer and software industries.

It resides in literary, dramatic, musical and artistic works in ”original’ cinematic lms, and in sound
recordings set in a concrete medium. To be protected as the copyright, the idea must be expressed in
original form. Copyright acknowledges both the economic and moral rights of the owner. The right to
copyright is, by the principle of fair use, a privilege for others, without the copyright owner’s permission
to use copyrighted material. By the application of the doctrine of fair use, the law of copyright balances
private and public interests.

Patent

Patent law recognizes the exclusive right of a patent holder to derive commercial bene ts from his
invention. A patent is a special right granted to the owner of an invention to the manufacture, use, and
market the invention, provided that the invention meets certain conditions laid down in law. Exclusive
right means that no person can manufacture, use, or market an invention without the consent of the patent
holder. This exclusive right to patent is for a limited time only.
• To qualify for patent protection, an invention must fall within the scope of the patentable subject and
satisfy the three statutory requirements of innovation, inventive step, and industrial application. As
long as the patent applicant is the rst to invent the claimed invention, the novelty and necessity are by
and large satis ed. Novelty can be inferred by prior publication or prior use. Mere discovery ‘can’t be
considered as an invention. Patents are not allowed for any idea or principle.

The purpose of patent law is to encourage scienti c research, new technology, and industrial progress.
The economic value of patent information is that it provides technical information to the industry that can
be used for commercial purposes. If there is no protection, then there may be enough incentive to take a
free ride at another person’s investment. This ability of free-riding reduces the incentive to invent
something new because the inventor may not feel motivated to invent due to lack of incentives.

Trademark

A trademark is a badge of origin. It is a speci c sign used to make the source of goods and services public
in relation to goods and services and to distinguish goods and services from other entities. This
establishes a link between the proprietor and the product. It portrays the nature and quality of a product.
The essential function of a trademark is to indicate the origin of the goods to which it is attached or in
relation to which it is used. It identi es the product, guarantees quality and helps advertise the product.
The trademark is also the objective symbol of goodwill that a business has created.

Any sign or any combination thereof, capable of distinguishing the goods or services of another
undertaking, is capable of creating a trademark. It can be a combination of a name, word, phrase, logo,
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symbol, design, image, shape, colour, personal name, letter, number, gurative element and colour, as
well as any combination representing a graph. Trademark registration may be inde nitely renewable.

Geographical indication

It is a name or sign used on certain products which corresponds to a geographic location or origin of the
product, the use of geographical location may act as a certi cation that the product possesses certain
qualities as per the traditional method. Darjeeling tea and basmati rice are a common example of
geographical indication. The relationship between objects and place becomes so well known that any
reference to that place is reminiscent of goods originating there and vice versa.

It performs three functions. First, they identify the goods as origin of a particular region or that region or
locality; Secondly, they suggest to consumers that goods come from a region where a given quality,
reputation, or other characteristics of the goods are essentially attributed to their geographic origin, and
third, they promote the goods of producers of a particular region. They suggest the consumer that the
goods come from this area where a given quality, reputation or other characteristics of goods are
essentially attributable to the geographic region.

It is necessary that the product obtains its qualities and reputation from that place. Since those properties
depend on the geographic location of production, a speci c link exists between the products and the place
of origin. Geographical Indications are protected under the Geographical Indication of Goods
(Registration and Protection) Act, 1999.

Industrial design

It is one of the forms of IPR that protects the visual design of the object which is not purely utilized. It
consists of the creation of features of shape, con guration, pattern, ornamentation or composition of lines
or colours applied to any article in two or three-dimensional form or combination of one or more
features. Design protection deals with the outer appearance of an article, including decoration, lines,
colours, shape, texture and materials. It may consist of three-dimensional features such as colours, shapes
and shape of an article or two-dimensional features such as shapes or surface textures or other
combinations.

Plant variety

A new variety of plant breeder is protected by the State. To be eligible for plant diversity protection,
diversity must be novel, distinct and similar to existing varieties and its essential characteristics under the
Plant Protection and Protection Act, 2001 should be uniform and stable. A plant breeder is given a license
or special right to do the following in relation to different types of promotional material:

4. Produce and reproduce the material

5. Condition the material for the purpose of propagation
6. Offer material for sale
7. Sell the materials
8. Export the materials
9. Import the materials
10. The stock of goods for the above purposes
Typically, countries are protecting new plant varieties through the Sui Genis system. The general purpose
of conservation is to encourage those who intend to manufacture, nance, or exploit such products to
serve their purpose, particularly where they otherwise do not work at all.
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 The enactment of the Protection of Plant Varieties and ‘Farmers’ Rights Act 2001 is an outcome of the
India’sIndia’s obligation which arose from article 27(3)(b) of the TRIPs Agreement of 2001 which obliges
members to protect plant varieties either by patents or by effective sui generic system or by any
combination thereof India declined to protect plant varieties by a sui generis law, i.e. the Plant Varieties
Act.

How an average person bene ts?

There are many bene ts of acquiring intellectual property rights. For example, protecting your IP may
result in:

11. The increased market value of your business – IP can generate income for your business
through licensing, selling or commercializing protected products or services. This, in turn, can
improve your stock market or increase your pro t. In the case of a sale, merger or acquisition,
registered and protected IP assets can increase the value of your business.
12. Convert ideas into pro table assets – IP can help to convert creative ideas into commercially
successful products and services. For example, licensing your patent or copyright can result in a
steady stream of royalties and additional income that can result in pro table assets.
13. Market the products and services of the business – IP is necessary to create an image for your
business like trademark, logo, or design of your product. So, it will help in differentiating the
product and advertise and promote it to the customers.
14. Increase export opportunities for the business – IP can increase the competition in export
markets. One can use their brands and design for marketing foreign goods and are looking for
franchising agreements with foreign companies or to export your patented products. Consumers
won’t be con dent buying means without products or reliable services, international trademark
protection and enforcement machinery to discourage counterfeiting and piracy.
Need for Sui Generis protection in IPR

“Sui Generis” stands for its own kind and includes a set of laws which are nationally recognized and ways
of extending plant variety protection other than through patents. TRIPs themselves do not de ne what the
meaning of Sui Generis is or should be. One of the main purposes of the sui generis protection is that the
exclusive monopoly granted by the State should enable the real owners of traditional knowledge to be
adequately compensated for their contribution. It also refers to a law that can protect images contained in
construction, inventions, models, drawings, designs, innovations, gures, emblems, petroglyphs, art,
music, history and another traditional artistic feeling.

One of the main objectives of Sui generis protection granted by that exclusive monopoly of the State
should enable traditional ‘owner’s knowledge for adequate compensation of their contribution towards
economic growth. In general, it refers to a particular form of protection, a form that is speci cally adapted
to a speci c subject or speci c circumstances, which is speci cally made for speci c needs, priorities, and
reality.

The “effective sui generis system” referred to in Article 27.3 (b) of the TRIPS Agreement is clearly
intended as an alternative to the patent system. In this regard, it is useful to remember that the UPOV
system was also established in 1961, which, as a special type of protection, would cover only plant
varieties and especially adapted plant varieties, instead of the patent system. In this sense, the UPOV
system was already conceived as an alternative to the patent system in 1961 as a Sui Generis protection
with different provisions.
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The need to Develop a suitable regime in the case of IPR to include traditional medicine adequate
measures for ‘sharing pro t”. Codi ed System and measures of Traditional Medicines are
TKDL(Traditional Knowledge Digital Library) like databases is expected to play a major role in
preventing for bio-theft but non-codi ed.

Such as regulation of traditional medicine folklore practices, tribal practices etc. New rules are urgently
needed for creating patented ‘and Sui generis” system for the preservation and promotion of our
traditional knowledge Like some national-level programs initiated by the National Innovation Foundation
to enable non-traditional traditional medical practices Identi ed, documented, standardized and better
used for therapeutic bene ts as well as ailing mankind.

Can a person get IP rights for Tribal songs, if yes, then how?

India is a diverse country when we talk about folk and ethnic culture with ethnic, linguistic and religious
groups with hundreds of origins and lifestyles, divided over time, into parts and over the centuries. The
notion of folklore in India is associated with various art forms, mainly tribal and simple rural people,
rather than raw and ephemeral. Folklore and its laws are complicated by the presence of hundreds of
ethnic groups with their languages and dialects, costume styles, paintings, mythology, legends, songs,
music, dance and theatre. To simplify this folklore, some common denominators such as economics,
community size, etc.

In recent times there has been a strong resurgence of interest in folk arts, and indiscriminate entrepreneurs
have used expressions of folklore for commercial gain in India. These are not linked in any way to the
origins of exploitative communities, nor do they accept or contribute monetarily to the welfare of the
communities generated by their earnings. This is a sign of a lack of laws and implementation despite the
formulation of laws to protect folklore in India. The WIPO program and the 1998–1999 budget were
initiated to address growing concerns about the intellectual property rights of indigenous knowledge
holders.

The Constitution of India, Part III, Article 29 states that the protection of the culture of minorities is a
fundamental right, which states in a broad sense that a citizen of any speci c language, script or
culture has the right to protect it. The Constitution provides for the preservation of the cultural identity
of the tribal population, although Schedule 6 to Article 371 empowers such groups to have an autonomous
council for self-government in accordance with their customs and traditions. Legislative bodies have the
power to make laws to protect traditions and customs.

There is also Article 51A (f) which makes it a fundamental duty of every citizen to value and preserve the
rich heritage of India’s culture, but no legislative, or codi ed law, which means that it is written on paper
only. The Constitution provides for the preservation of the cultural identity of the tribal population,
although Schedule 6 to Article 371 empowers such groups to have an autonomous council for self-
government in accordance with their customs and traditions.

Such councils have the power to make laws to protect traditions and customs. In order to prevent
commercial exploitation of folk cultures and to maintain originality, it is necessary for folklore to
establish intellectual property laws today.

Conclusion

Intellectual property rights are monopoly rights that grant temporary privileges to their holders for the
exclusive exploitation of income rights from cultural expressions and inventions. There must be good
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 reasons for a society to grant such privileges to some of its individuals, and so proponents of these rights
provide us with three widely accepted justi cations to protect today’s inter-global intellectual property
rights.

It is clear that the management of IP and IPR is a multi-disciplinary task and calls for many different
functions and strategies that need to be aligned with national laws and international treaties and practices.
It is no longer fully driven from the national point of view.

Different forms of IPR demand different treatment, handling, planning and strategies, and individuals’
engagement with different domain knowledge such as science, engineering, medicine, law, nance,
marketing, and economics. Intellectual property rights (IPR) have social, economic, technical and
political implications.

Leading rapid technology, globalization and erce competition to protect against infringement of
innovations with the help of IPRs such as patents, trademarks, service marks, industrial design
registrations, copyrights and trade secrets. But there is still a violation of intellectual property rights. The
government is also taking measures to stop them. There are laws regarding the prevention of infringement
of intellectual property rights.

Intellectual property rights are the ownership rights you have over things that you create as a result of
your original ideas. If your creation has economic value, you will want to learn how to protect your
intellectual property (IP) against any party that may try to use it for themselves.

Exactly how to protect intellectual property depends upon the nature of the intellectual property. To help
you learn more about IP protection and its various forms, this article will cover:
• 7 different intellectual property rights
• 4 tips to protect intellectual property
• The basics of intellectual property enforcement
• How to ght theft of intellectual property
View the infographic below for a helpful summary of intellectual property protection and tips on guarding
your creative ideas:
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What Are the 7 Types of Intellectual Property Protections?

Copyrights, trademarks, patents, and trade secrets are the four primary types of intellectual property
protection.

Determining the best way to protect intellectual property can be complex. This can be especially true in
highly technical areas like industrial design or computer algorithms.
• Example: Someone who writes and markets new computer programs may need to copyright and
patent the code and algorithms, as well as register a trademark for marketing them.
Deciding on intellectual property protection takes careful consideration, so an intellectual property
attorney can ease your mind and help make sure your property is fully protected.

1. Copyrights
Copyrights protect written and artistic works for the lifetime of the creator, plus 70 years.

These creative works are the tangible representation of the creator's original ideas, since ideas themselves
can't be protected. Copyrights can protect manuscripts, novels, song lyrics, paintings, photographs, sound
recordings, and more.

A copyright exists the moment the author creates the original work, but registration provides copyright
owners with exclusive and enhanced rights. It can help enforce their rights against infringement through
litigation and allows owners to seek monetary damages and attorneys fees if there is a lawsuit.

2. Trademarks
Trademarks can protect words, phrases, symbols, and logos that identi es one's goods or services. A
trademark registration can last forever, as long as it's continued to be used in business, and is renewed
every 10 years. This makes the trademark one of the most crucial IP protections for businesses.

A business' intellectual property makes sure the business is reliably recognizable for patrons. This means
that you won't be able to trademark a logo that is similar to one of your competitors if it could cause
confusion among consumers.

3. Utility Patents
Utility patents protect inventions of different kinds for 20 years. The key to a patent's protection is that
the invention must be new or novel, meaning you can't patent something that already exists.

4. Trade Secrets
Trade secrets are a form of intellectual property that your company may keep close and choose not to
share with others. This could be to protect an economic advantage that might be lost should your trade
secret become public knowledge or be stolen by a competitor.

Since they're not public and aren't led with any of cial of ce, trade secrets offer no of cial protection
for your intellectual property. But as long as you can provide evidence that you made efforts to hold and
protect the trade secret, any theft of it is punishable in court. This punishment could be criminal, since
corporate espionage (or intercompany theft of ideas) is a federal offense.
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4 Tips for Protecting Intellectual Property
Protecting your intellectual property is a means to secure an economic advantage for your business and
make sure you can defend your unique ideas, products, and services. The best way to protect IP is to
register it with the government and enforce your ownership rights.

Beyond registration and enforcement, you can protect certain types of intellectual property by:
• Documenting your discoveries
• Using digital rights management
• Opting for strong nondisclosure agreements
• Creating strong access credentials
Read on for more on these tips to proactively protect intellectual property before it's stolen or repurposed.

1. Document Your Discoveries

In the Information Age, leaks are frequent. While you can't always guard against them, you can record
your discoveries and innovations as they occur.

If another company obtains illicit information in a leak and attempts to repurpose or recreate your ideas,
your records can put a date to your operations and prove your legitimacy (and your ownership rights) over
your intellectual property.

2. Use Digital Rights Management (DRM) Systems

If your work is published online and accessible to users, some of those users may attempt to copy your
property. Digital rights management (DRM) protects your online assets with coding that does any, or
multiple, of the following:
• Limits the number of times or the window of time a user can access your work
• Restricts the number of devices your work can be accessed with
• Prevents users from editing, saving, or copying your work
• Prohibits sharing, printing, or taking a screenshot of your work
• Watermarks your work to establish ownership
DRM is a type of encryption that limits what a user can do with your protected work. This option is a
common choice for gated online content like:
• Data studies and surveys
• Market reports
• E-books
• Software
With DRM, unauthorized use or reproduction of your online IP is much more dif cult, if not impossible.

3. Opt for Strong Nondisclosure Agreements

A nondisclosure agreement (NDA) restricts any involved party from sharing information de ned by the
terms of the agreement.

Draft an NDA to strengthen your defenses against IPR violations like trade secret misappropriation,
where an employee could share sensitive IP-related information with outsiders.

4. Create Strong Access Credentials

Guarding a secret requires proactive action, unless you're the only person who knows the secret. Without
adequate security around a trade secret, courts won't be convinced that the secret was important enough to
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 guard. Use strong credentials to restrict access to any valuable information, especially relating to
intellectual property.

This might mean:

• Separating teams so access to les isn't shared
• Training employees on your company's security best practices
• Frequently updating passwords
As with any security protocols, leaks can still happen. If your intellectual property is compromised, it
might be time to speak with an intellectual property expert to determine your options for IPR
enforcement.

How Does Intellectual Property Enforcement Work?

When another party attempts to violate your IP rights, it's called infringement, or misappropriation when
referring speci cally to trade secrets. IP violations are civil or criminal matters depending on the type of
IP protection infringed upon and the severity of the violation.

Enforcing intellectual property violations isn't always easy, but you can prepare yourself to ght
violations with proper knowledge of how different violations are handled.

IP violations for the four main types of intellectual property protections vary. Mostly civil matters, they
can rise to criminal offenses if malicious intent or purposeful harm is shown as a result of the
infringement or misappropriation.

Patent Infringement
Getting a patent isn't as easy as lling out some paperwork. Patents are complex technical documents
that require signi cant effort to draft and le.

As the inventor, it's your duty to prove your case that your invention is new, novel, and worthy of
protection. A patent clearly claims in precise language what you own as the inventor, and is your proof of
infringement in case a copycat shows up.

Copyright Infringement
Copyrights are a more abstract legal right than patent protections since they cover artistic works like
essays, drawings, and songs.

Copyright registration isn't required to obtain a copyright, but it can help you regain damages when
defending your IP. A copyright is registered with the U.S. Copyright Of ce.

Trademark Infringement
Trademark protections don't just protect the name or design of your business or logo, they also protect
what that name or logo represents.
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 Trademark litigation often hinges on the likelihood of confusion among customers as to the source of
goods or services.

Trade Secret Misappropriation

Trade secrets aren't of cially protected, but this can often mean that they're more protected than other
forms of intellectual property, because they're widely unknown and therefore can't be copied.

To claim a compromised trade secret, you must demonstrate that the secret is under lock and key—
without legitimate protection, it's unlikely that a court will back up your claim.

How to Fight Theft of Intellectual Property

If a third party steals your intellectual property rights, you need to have protections in place to ght the
theft. If you haven't registered or protected your IP, you may still be able to halt the reproduction of your
ideas, but you may not be entitled to any monetary damages.

You have two options to stop an IP violation in progress, but it's important to remember that registering
your IP protections is your best chance of ghting any impersonator or infringers in court.

1. Send a Request to Stop the Violation

The rst option to halt an IP infringement is to request that the violating action in question be stopped.
This doesn't need to be a threatening request but instead a warning notice. It states your ownership claim
over the property in question and notes that you're requesting the recipient stop all actions related to the
reproduction or usage of your intellectual property.
• Example: You own the publishing rights to a certain song that was recently featured in a
YouTube video by a popular in uencer. You may send a request for YouTube to remove the video
to protect your IPR. The request likely won't result in you being paid any monetary damages, but
the in uencer will be warned against committing similar offenses in the future.
•

2. Pursue Legal Action

If a cease and desist either doesn't work or isn't applicable to your IP violation claim, it may be time to
pursue legal action against the infringer. You can't take this step unless your work was previously
registered and protected—if you decide to pursue legal action, you'll need to register the work in question
rst, and you won't be able to recover any damages from the time before the work was registered.
• Example: You own a registered trademark that protects the branding and marketing for a popular
board game. An online competitor creates a product that resembles yours and you believe it
causes confusion for customers. You might le a civil case suing for an injunction to stop the
reproduction and sale of the competitor's product and for monetary damages and losses.
IP protection prevents malicious actors (anyone who might try to actively infringe your IP rights) and puts
a stop to accidental misusage (anyone who may unintentionally infringe your IP rights). If your business
is intellectual property intensive, it's likely to be a target for others looking to make a quick pro t by
stealing your ideas.
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Learn how to defend expressions of your ideas against theft by registering your intellectual property
and speaking with an intellectual property attorney who can help ensure that the best possible protection
is secured for your work.

Introduction

Intellectual Property is that property that is developed by the human mind and by human intellect. Now
intellectual property and rights attached to intellectual property are becoming very precious and valuable.
In India, there are well-established administrative, statutory, and Judicial frameworks for protecting IPR.
India has to comply with the Agreement on Trade-Related Intellectual Property Rights (“TRIPS”) by
enacting the necessary statutes. Intellectual Property rights deal with Trademark, Copyrights, Patents, and
Geographical Indications of goods. The law protecting some special species of Intellectual property rights
in India are:
• The Geographical Indications of Goods (Registration and Protection) Act, 1999;
• Trade Marks Act, 1999;
• The Semiconductor Integrated Circuits Layout Design Act, 2000;
• The Protection of Plants & Varieties and Farmers Rights Act, 2001;
• The Biological Diversity Act, 2002;
• The Copyright Act, 1957; and
• The Patent Act, 1970
Intellectual property rights have great importance in the growth of a country. Intellectual property law is
different in all countries. In many developed countries, the strict enforcement of the IPR role has a huge
contribution to economic growth. IPR promotes innovation which leads to economic growth. Nowadays
every business in the world is the creation of Innovation. The current era has realized the importance of
IPR laws. It is not only innovation but also the name which matters in today’s world. The name carries
huge value in the form of goodwill. Some companies just sell their name in exchange for a huge amount
of money. Intellectual Property rights have a great in uence on the nancial improvement of a nation. The
IPR can play both negative and positive growth in economic development. This article analyzes the role
of Intellectual Property rights in economic growth. This paper study the relationship between IPR and the
economy. The impact of IPR is positive as well as a negative impact on the economy. It is very important
to protect the interest and rights of people to evolve in innovation and creation which is directly linked to
the development and growth of the country.

The Connection between Intellectual Property and Economy

The role of Intellectual property in the economy are:

• To provide exclusive rights to the and to protect the interest of the creator and encourage
investment in research and information creation;
• Forbid the competitors or anybody from exploiting or misuse the property without the permission
of the creator; and
• To create a market for that invention so that it could be given to good use and will motivate others
to innovation and creation.
Now, this is economical to use new creation and idea because it directly affects the material cost of the
product. So, it is very important to keep updating the technology and the innovation. If there will be a
good IPR statute to protect the interest of the people then it will discourage others to exploit the same.
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Not only a good law but enforcement of that law is important too. There is no good in having a Strict law
if it cannot be enforced properly. The loopholes and weak laws can be misused and will be exploited
which will lead to less innovation. IPR law must discourage individuals from exploiting the property.

Now IPR provides exclusive rights to the owner or creator of the property. The owner can decide the fair
value and can sell them to anyone. A healthy return to developers will encourage him and others to make
new innovations and likewise, we can promote innovation. But this right can also be exploited by the
owner, the person or company can charge way more than the marginal cost. This exclusive right can
create a monopoly in the market. Monopoly leads to inequality and disparity in the market in both
consumption and production. The legal system has IPR as well as antitrust sections. Competition has its
very important role in the market, it keeps checks in the market, and it affects consumer satisfaction.
There are some big giants in the market who has absolute power in the market. They have the power
resources to control and manipulate the market. The market is made from consumer-producer and
developers and IPR gives rights and protection to developers and greater which keeps competition alive.
There must be a balance between in the market. IPR can be used as a tool to maintain balance in the
market. IPR not only gives exclusive rights to the owner but also provides authority to transfer his right to
use to others so that the person can authorize anyone to use it in exchange for money.

Positive Impact of Intellectual Property Rights in Economy

A country like India which is one of the most developing economies in the world must focus on raising
productivity in the market. India has always been known for outstanding services to the rest of the world.
One can increase productivity by improving technology and method. Innovation needs investments, it
required a great amount of investment, these are expensive but have an important role in investment. We
can see and learn from developed countries like the USA and Japan in which the rate of development
increased by 5 times after the implementation of Intellectual property laws.

Now there are various theories that suggest that IPR has an adverse effect on the economy. In China in the
1980s, trademark infringement negatively affected Chinese innovative enterprises. The local companies
started exploiting the well-established company by making counterfeited products and by launching them
in the market.

Copyright violations have a similar impact. In countries where copyright laws are weak pirate rms start
exploiting the law and the market. Though low-quality copies or pirated copies would be available in the
market the technological development would be hampered which will directly affect the economy. IPR
laws should provide incentives for both the producers and consumers to invest in the market. This also
assures quality, which is important for safeguarding the interests of the customers. The counterfeit or fake
products of beverages, food products, cosmetics, and medicines can be hazardous to customers.

After the introduction of Trade-Related Intellectual Property Rights (“TRIPS”) the market started
changing. The act started to provide space for operation and opportunities to the companies for
innovations. The private sector has started investing in Research and development. After the
implementation of TRIPS, the number of patents lled in India has increased.

Drawback and Misuse of IPR on Economic Development

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 The biggest drawback of IPR is it sometimes it restricts the technology to be used in the best suitable way.
The person who is holding rights sometimes misuses their rights. They can charge according to their will
and because of protection under IPR that innovation cannot be used by the competitors. Competition is
the most important factor for the development of an economy. The spirit of competition keeps check and
balance on price and as well as on the quality of the product. But IPR laws are against the principle of
competition.

IPRs laws create a monopoly in the market. It supports monopoly, Law like copyright, trademark, and
patents are creating barriers for the competitor to use the innovation. Competition makes sure that
producer must think about the bene t and satisfaction of the consumer, because if the consumer is not
satisfying then he or she can shift to other competitors in the market. The producer can charge any price
and it can directly affect the consumer and the market. This is the law of demand that if the price is high
then the demand will be low. But this law does not apply when there is a monopoly in the market. The
consumer will get no other options and have to buy the product at the price determined by the producer.
Due to competition, the producer is forced to charge not much more than the marginal cost.

Conclusion

The law is made for society, not vice versa. All the laws are made for the bene t and betterment of
society. Every law has its positive as well as negative effects on society. Article 31 of the TRIPS
Agreement provides for the grant of compulsory licenses, under the following situation:

In the interest of public health in case of national emergency Anti-competitive practice. So, in India, the
Intellectual Property Right law doesn’t make the market rigid at the same time dynamic in nature.

WIPO Database of Intellectual Property WIPO Legisla ve Texts WO032EN page 1/4 Madrid Agreement
for the Repression of False or Decep ve Indica ons of Source on Goods of April 14, 1891 TABLE OF
CONTENTS I.
Act revised at Washington on June 2, 1911, at The Hague on November 6, 1925, at London on June 2,
1934, and at Lisbon on October 31, 1958 II. Addi onal Act of Stockholm of July 14, 1967 I Act revised at
Washington on June 2, 1911, at The Hague on November 6, 1925, at London on June 2, 1934, and at
Lisbon on October 31, 1958 Ar cle 1
(1) All goods bearing a false or decep ve indica on by which one of the countries to which this
Agreement applies, or a place situated therein, is directly or indirectly indicated as being the country or
place of origin shall be seized on importa on into any of the said countries
. (2) Seizure shall also be e ected in the country where the false or decep ve indica on of source has
been applied, or into which the goods bearing the false or decep ve indica on have been imported.
(3) If the laws of a country do not permit seizure upon importa on, such seizure shall be replaced by
prohibi on of importa on.
(4) If the laws of a country permit neither seizure upon importa on nor prohibi on of importa on nor
seizure within the country, then, un l such me as the laws are modi ed accordingly, those measures
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 shall be replaced by the ac ons and remedies available in such cases to na onals under the laws of such
country.
(5) In the absence of any special sanc ons ensuring the repression of false or decep ve indica ons of
source, the sanc ons provided by the corresponding provisions of the laws rela ng to marks or trade
names shall be applicable.
Ar cle 2 (1) Seizure shall take place at the instance of the customs authori es, who shall immediately
inform the interested party, whether an individual person or a legal en ty, in order that such party may,
if he so desires, take appropriate steps in connec on with the seizure e ected as a conservatory
measure. However, the public prosecutor or any other competent authority may demand seizure either
at the request of the injured party or ex o cio; the procedure shall then follow its normal course.
(2) The authori es shall not be bound to e ect seizure in the case of transit. WIPO Database of
Intellectual Property WIPO Legisla ve Texts WO032EN page 2/4 Ar cle 3 These provisions shall not
prevent the vendor from indica ng his name or address upon goods coming from a country other than
that in which the sale takes place; but in such case the address or the name must be accompanied by an
exact indica on in clear characters of the country or place of manufacture or produc on, or by some
other indica on su cient to avoid any error as to the true source of the wares.
Ar cle 3bis The countries to which this Agreement applies also undertake to prohibit the use, in
connec on with the sale or display or o ering for sale of any goods, of all indica ons in the nature of
publicity capable of deceiving the public as to the source of the goods, and appearing on signs,
adver sements, invoices, wine lists, business le ers or papers, or any other commercial communica on.
Ar cle 4 The courts of each country shall decide what appella ons, on account of their generic character,
do not fall within the provisions of this Agreement, regional appella ons concerning the source of
products of the vine being, however, excluded from the reserva on speci ed by this Ar cle.
Ar cle 5 (1) Countries of the Union for the Protec on of Industrial Property which have not acceded to
this Agreement may accede at their request in the manner prescribed by Ar cle 16 of the General
Conven on.
(2) The provisions of Ar cles 16bis and 17bis of the General Conven on shall apply to this Agreement.
Ar cle 6 (1) This Act shall be ra ed and the instruments of ra ca on deposited at Berne not later
than May 1, 1963. It shall come into force, between the countries in whose names it has been ra ed,
one month a er that date. However, if before that date it has been ra ed in the name of at least six
countries, it shall come into force, between those countries, one month a er the deposit of the sixth
ra ca on has been no ed to them by the Government of the Swiss Confedera on, and, in the
countries in whose names it has been ra ed at a later date, one month a er the no ca on of each of
such ra ca ons.
(2) Countries in whose names the instrument of ra ca on has not been deposited within the period
provided for in the preceding paragraph may accede under the terms of Ar cle 16 of the General
Conven on.
(3) This Act shall, as regards the rela ons between the countries to which it applies, replace the
Agreement concluded at Madrid on April 14, 1891, and the Acts resul ng from subsequent revisions.
(4) As regards countries to which this Act does not apply, but to which the Madrid Agreement revised at
London in 1934 applies, the la er shall remain in force.
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 (5) Similarly, as regards countries to which neither this Act nor the Madrid Agreement revised at London
applies, the Madrid Agreement revised at The Hague in 1925 shall remain in force.
(6) Similarly, as regards countries to which neither this Act nor the Madrid Agreement revised at London
nor the Madrid Agreement revised at The Hague applies, the Madrid Agreement revised at Washington
in 1911 shall remain in force
WIPO Database of Intellectual Property WIPO Legisla ve Texts WO032EN page 3/4 II Addi onal Act of
Stockholm of July 14, 1967 Ar cle 1 [Transfer of Depositary Func ons in Respect of the Madrid
Agreement] Instruments of accession to the Madrid Agreement for the Repression of False or Decep ve
Indica ons of Source on Goods, of April 14, 1891 (hereina er designated as “ the Madrid Agreement ”),
as revised at Washington on June 2, 1911, at The Hague on November 6, 1925, at London on June 2,
1934, and at Lisbon on October 31, 1958 (hereina er designated as “ the Lisbon Act ”) shall be deposited
with the Director General of the World Intellectual Property Organiza on (hereina er designated as
“ the Director General ”), who shall no fy such deposits to the countries party to the Agreement.
Ar cle 2 [Adapta on of References in the Madrid Agreement to Certain Provisions of the Paris
Conven on] References in Ar cles 5 and 6 (2) of the Lisbon Act to Ar cles 16, 16bis, and 17bis, of the
General Conven on shall be construed as references to those provisions of the Stockholm Act of the
Paris Conven on for the Protec on of Industrial Property which correspond to the said Ar cles. Ar cle 3
[Signature and Ra ca on of, and Accession to, the Addi onal Act] (1) This Addi onal Act may be signed
by any country party to the Madrid Agreement and may be ra ed or acceded to by any country which
has ra ed or acceded to the Lisbon Act.
(2) Instruments of ra ca on or accession shall be deposited with the Director General. Ar cle 4
[Automa c Acceptance of Ar cles 1 and 2 by Countries Acceding to the Lisbon Act] Any country which
has not ra ed or acceded to the Lisbon Act shall become bound also by Ar cles 1 and 2 of this
Addi onal Act from the date on which its accession to the Lisbon Act enters into force, provided
however that, if on the said date this Addi onal Act has not yet entered into force pursuant to Ar cle 5
(1), then, such country shall become bound by Ar cles 1 and 2 of this Addi onal Act only from the date
of entry into force of this Addi onal Act pursuant to Ar cle 5
(1). Ar cle 5 [Entry Into Force of the Addi onal Act] (1) This Addi onal Act shall enter into force on the
date on which the Stockholm Conven on of July 14, 1967, establishing the World Intellectual Property
Organiza on has entered into force, provided however that, if by that date at least two ra ca ons or
accessions to this Addi onal Act have not been deposited, then, this Addi onal Act shall enter into force
on the date on which two ra ca ons or accessions to this Addi onal Act have been deposited.
(2) With respect to any country which deposits its instrument of ra ca on or accession a er the date
on which this Addi onal Act has entered into force pursuant to the foregoing paragraph, this Addi onal
Act shall enter into force three months a er the date on which its ra ca on or accession has been
no ed by the Director General. WIPO Database of Intellectual Property WIPO Legisla ve Texts
WO032EN page 4/4 Ar cle 6 [Signature, etc., of the Addi onal Act] (1) This Addi onal Act shall be signed
in a single copy in the French language and shall be deposited with the Government of Sweden. (2) This
Addi onal Act shall remain open for signature at Stockholm un l the date of its entry into force pursuant
to Ar cle 5 (1).
(3) The Director General shall transmit two copies, cer ed by the Government of Sweden, of the signed
text of this Addi onal Act to the Governments of all countries party to the Madrid Agreement and, on
request, to the Government of any other country.
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 (4) The Director General shall register this Addi onal Act with the Secretariat of the United Na ons.
(5) The Director General shall no fy the Governments of all countries party to the Madrid Agreement of
signatures, deposits of instruments of ra ca on or accession, entry into force, and other relevant
no ca ons. Ar cle 7 [Transi onal Provision] Un l the rst Director General assumes o ce, references
in this Addi onal Act to him shall be construed as references to the Director of the United Interna onal
Bureaux for the Protec on of Intellectual Property.

Intellectual Property Rights (IPR) and Economic Development:

• Encouraging Innovation:
• IPR provides creators and innovators with exclusive rights, encouraging them to
invest in research and development.
• The promise of protection fosters a climate conducive to innovation, leading to
technological advancements.
• Market Competition:
• IPR laws, when balanced, contribute to healthy market competition by protecting
the rights of creators while preventing monopolies.
• Competition ensures that producers consider consumer satisfaction and offer fair
prices, positively impacting market dynamics.
• Foreign Direct Investment (FDI):
• Strong IPR protection attracts foreign direct investment by assuring investors that
their intellectual property will be safeguarded.
• This in ux of investment contributes to economic growth and technological
progress.
• Technology Transfer:
• IPR facilitates technology transfer as companies are more willing to share
knowledge and innovations when con dent in the protection of their intellectual
assets.
• Developing economies can bene t from this transfer, accelerating their own
technological development.
• Job Creation:
• Industries reliant on intellectual property, such as technology and creative
sectors, contribute signi cantly to job creation.
• Economic growth in these sectors leads to increased employment opportunities.
• Increased Productivity:
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 • IPR incentivizes continuous improvement and ef ciency, leading to increased
productivity in various industries.
• Innovations protected by IPR can streamline processes, reduce costs, and
enhance overall economic output.
• Global Trade Relations:
• Countries with robust IPR frameworks are often preferred partners in international
trade.
• Compliance with international IPR standards enhances a nation's reputation and
strengthens its economic ties globally.
• Challenges and Considerations:
• Balancing IPR with the need for accessible knowledge and affordable goods is
crucial to prevent negative impacts on public health and consumer welfare.
• Ensuring that IPR laws are enforced effectively and not misused is essential for
maximizing the positive impact on economic development.
•

In conclusion, a well-designed and effectively enforced system of Intellectual Property Rights

plays a pivotal role in fostering innovation, encouraging economic growth, and promoting a
competitive and dynamic global market.

Summary:
• Role of Intellectual Property (IP) in the Economy:
• Provides exclusive rights to creators, encouraging investment in research and
innovation.
• Prevents unauthorized use of intellectual property, fostering a market for
inventions.
• Updates in technology and innovation are essential for economic growth.
• Importance of a Strong IP Legal Framework:
• Strict and well-enforced IP laws are crucial to prevent exploitation and encourage
innovation.
• Loopholes and weak laws can hinder innovation and lead to misuse.
• Positive Impact of Intellectual Property Rights (IPR) on the Economy:
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 • IPR promotes innovation by offering exclusive rights and fair returns to creators.
• Developed countries like the USA and Japan experienced signi cant development
after implementing IP laws.
• TRIPS agreement increased patents led in India, indicating a positive impact.
• Drawbacks and Misuse of IPR on Economic Development:
• IPR can restrict technology use and be misused by owners to create monopolies.
• Monopolies go against the principles of competition, affecting prices and consumer
satisfaction.
• Counterfeiting and copyright violations can hamper technological development and
impact the economy negatively.
• Conclusion:
• Laws should bene t society; IPR laws should strike a balance between protection
and fostering competition.
• Compulsory licenses can be granted in the interest of public health or during
national emergencies.
• The summary includes excerpts from the WIPO Database on Intellectual Property,
speci cally the Madrid Agreement.
• WIPO Legislative Texts - Madrid Agreement (Excerpts):
• The provided text includes sections from the Madrid Agreement, emphasizing
provisions related to false or deceptive indications of source on goods.
• The Additional Act of Stockholm in 1967 addresses matters such as transfer of
depositary functions and adaptation of references to the Paris Convention.
• Transitional Provision:
• Until the rst Director General assumes of ce, references in the Additional Act
should be construed as references to the Director of the United International
Bureaux for the Protection of Intellectual Property.
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