What is IPR

In 2016, Indian government has released and adopted a National Intellectual Property Rights Policy and has also declared many benefits to the startups and innovators in India. Government is making efforts of spreading IPR awareness in India, however it has not been gaining success on the ground as one can wished for.

With the aim of spreading awareness in the society, we are bringing a series of articles on IPRs and will be published on the magazine from time to time. In this article, we are discussing basics – “What is Intellectual Property Rights”?

Intellectual Property as it is very much evident from the term itself it deals with the property created through one's intellect. Intellectual Property Rights are the monopoly assigned by the Government to the designated owner of the respective intellectual property right.

World Intellectual Property Organization defines Intellectual Property as follows "Intellectual Property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce." Intellectual Property is an example of intangible or incorporeal property. Intangible or incorporeal property does not have a physical substance as oppose to tangible or corporeal property (such as land, building etc).

Types of Intellectual Property

The different types of Intellectual Property rights are granted over inventions and discoveries, symbols, designs. artistic works such as innovative works in the field of music, literature and other artistic work etc. To cover this vast area of intellectual property different types of intellectual property rights are granted.

Different types of Intellectual Property Rights:

Trademarks – This protects any company name, brand name, logo, slogan, phrase, etc. used in the trade, for example, Jio, Tata, Artel, McDonald’s “M”, etc.

Copyright – This protects anything created literary works, books, songs, drawings, pictures, research articles, any artistic works, etc.

Patents – This protects commercial inventions, a new business products or a new manufacturing process.

Industrial design rights – This protects ornamental look of the products/designs, for example car model, bike model, jewelry design etc. In some of the countries, like USA it is also known as “Design patent”. Examples: Mini Cooper Car, Coca Cola Contour bottle, Vespa scooter, Rocking wheel chair, imac, Nestle coffee machine, etc.

Trade secrets – One of the famous examples is Coca Cola ingredients, which are not known to the general public. Examples of trade secrets can be a process, ingredients, combinations, compilation of information,etc.

Geographical indication: A geographical indication (GI) is a sign used on products that have a specific geographical origin and possess qualities or a reputation that are due to that origin. Examples: Darjeeling tea, Kota doria, Kathputlis, Molela clay work, Rossogolla, etc. (for information: http://www.ipindia.nic.in/registered-gls.htm )

Integrated Circuit Layout design: In India, IC design layout is protected under “Semiconductor Integrated Circuits Layout-Design Act (SICLDA” which was passed in the year 2000.

Traditional Knowledge: Traditional knowledge as such - knowledge that has ancient roots and is often informal and oral - is not protected by conventional intellectual property systems. Example: Turmeric, Neem, Basmati, (for information: https://www.tkdl.res.in )

Plant varieties: In several countries, Plant varieties are protected under patent laws while in some countries, IPR for Plant protection is covered under different laws. (for information: http://plantauthority.gov.in/ ).

In upcoming articles, we will discuss in detail different type of IPRs. We will also highlight what are the precautions and steps students, faculties and startups should be taken care of. Please also visit to FB page, where our aim is to spread awareness and information related to IPR in the society. Kindly like and follow FB page -  https://www.facebook.com/IPRforSociety/?ref=bookmarks

Published on August 6 2018 .

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