IPR
“Anything created by human interference requires intellectual efforts and all human made things in this world are as a result of intellectual creations IPR relates to protection of such creations”.
Markets all over the world are opening themselves gradually for goods and services from other countries in this context the importance of IPR in global trade is increasing phenomenally. Millions of years ago humans evolved from hunter gatherers to agriculturists hence land symbolized wealth thereafter trade became an important wealth creation tool. If you are having 15 acres of land you can fence it off but if your market is regional, national or global then you need IPR to fence it. Every IPR is a sort of monopoly, normally in a perfect market condition monopoly is considered to be bad as monopoly distorts competition but IPR is an exception to the general rule against monopoly. In business monopoly becomes good or bad depending upon who is enjoying monopoly. If you are having legally sanctioned monopoly then it is the best thing to have but if your competitor is enjoying monopoly then it is bad for your business.
Types of IPR’s –
• Common Law IPR – For this registration is not mandatory. Like Trademarks, Copyrights and Geographical Indicators.
• Statutory IPR – For this registration is mandatory. Like Patents and Industrial Designs.
1. Patents -
It is a commercial monopoly granted by the state for any invention having industrial application. It is a grant which the inventor enjoys for 20 years from the date of filing the application.
Biopiracy & Bioprospecting :
Biopiracy is a negative term for the appropriation, generally by means of patents, of legal rights over indigenous knowledge - particularly indigenous biomedical knowledge - without compensation to the indigenous groups who originally developed such knowledge. A classic case is that of the Rosy Periwinkle (Madagascar Periwinkle). Research into the plant was prompted by the plant's traditional medicinal role and resulted in the discovery of a large number of biologically active chemicals, including vincristine, a lucrative agent useful during leukemia chemotherapy. A method for purifying vincristine was initially patented and marketed by Eli Lilly. It is widely reported that the country of origin did not receive any payment.
Biopiracy allegedly contributes to inequality between developing countries rich in biodiversity, and developed countries served by pharmaceutical industry exploiting those resources.
Bioprospecting is a more positive term more commonly used by supporters of commercialization of traditional medicines. While there is still no hard definition, media and academia use this less pejorative term when speaking about endeavors to capitalize on indigenous knowledge of natural resources. However, bioprospecting may also describe the search for previously unknown compounds in organisms that have never been used in traditional medicine
2. Copyrights –
These are for artistic and literacy works. It protects songs, lyrics, books, movies etc. E.g. – Krazy4 music was said to be copied from Sony Ericson advertisement music creator without his prior consent so he sued the directors of Krazy4 for infringing the copyright Act, although later the case was settled outside the court, as the directors agreed to pay 1cr rupees as settlement amount.
3. Trademarks –
These are for marks which when applied on goods shows about the origin of goods and it also assures the buyer of the good that the goods bearing this mark are of same quality. E.g. – The Xerox invented the photocopy machine and it is using Xerox as the brand name to market its product. Now people generally conceive photocopy machine whenever they hear about Xerox machine. Now no other company can use the brand name Xerox although people conceive it synonymous to photocopier. Same is the case with the fevicol a brand introduced by the Pidilite. The brand fevicol became so famous that people started conceiving fevicol as a product but still no other company can use the brand name fevicol or Xerox for their product.
4. Industrial Designs –
It is for all new designs which a company develops for cost reduction or for increasing productivity or quality So in short all the steps taken to gain competitive advantage. E.g. – If Toyota develops its own unique assembly line or Bajaj makes its own DTSi technique then in this case if any other company copies their technique then in this case it will be infringing the Industrial Design act.
5. Geographical Designs –
It tells about the origin of goods and also assures that goods bearing the geographical name will have some peculiar characteristics related to that particular area. For example- Darjeeling tea, it has special aroma in its leaves. No other company based in UK or USA can keep the name of their tea as Darjeeling tea. Scotch whisky is another such example company which is not manufacturing whisky in Scotland cannot use the word scotch because they will not have the peculiarity which a scotch whisky should have.
Types of IPR’s –
• Common Law IPR – For this registration is not mandatory. Like Trademarks, Copyrights and Geographical Indicators.
• Statutory IPR – For this registration is mandatory. Like Patents and Industrial Designs.
1. Patents -
It is a commercial monopoly granted by the state for any invention having industrial application. It is a grant which the inventor enjoys for 20 years from the date of filing the application.
Biopiracy & Bioprospecting :
Biopiracy is a negative term for the appropriation, generally by means of patents, of legal rights over indigenous knowledge - particularly indigenous biomedical knowledge - without compensation to the indigenous groups who originally developed such knowledge. A classic case is that of the Rosy Periwinkle (Madagascar Periwinkle). Research into the plant was prompted by the plant's traditional medicinal role and resulted in the discovery of a large number of biologically active chemicals, including vincristine, a lucrative agent useful during leukemia chemotherapy. A method for purifying vincristine was initially patented and marketed by Eli Lilly. It is widely reported that the country of origin did not receive any payment.
Biopiracy allegedly contributes to inequality between developing countries rich in biodiversity, and developed countries served by pharmaceutical industry exploiting those resources.
Bioprospecting is a more positive term more commonly used by supporters of commercialization of traditional medicines. While there is still no hard definition, media and academia use this less pejorative term when speaking about endeavors to capitalize on indigenous knowledge of natural resources. However, bioprospecting may also describe the search for previously unknown compounds in organisms that have never been used in traditional medicine
2. Copyrights –
These are for artistic and literacy works. It protects songs, lyrics, books, movies etc. E.g. – Krazy4 music was said to be copied from Sony Ericson advertisement music creator without his prior consent so he sued the directors of Krazy4 for infringing the copyright Act, although later the case was settled outside the court, as the directors agreed to pay 1cr rupees as settlement amount.
3. Trademarks –
These are for marks which when applied on goods shows about the origin of goods and it also assures the buyer of the good that the goods bearing this mark are of same quality. E.g. – The Xerox invented the photocopy machine and it is using Xerox as the brand name to market its product. Now people generally conceive photocopy machine whenever they hear about Xerox machine. Now no other company can use the brand name Xerox although people conceive it synonymous to photocopier. Same is the case with the fevicol a brand introduced by the Pidilite. The brand fevicol became so famous that people started conceiving fevicol as a product but still no other company can use the brand name fevicol or Xerox for their product.
4. Industrial Designs –
It is for all new designs which a company develops for cost reduction or for increasing productivity or quality So in short all the steps taken to gain competitive advantage. E.g. – If Toyota develops its own unique assembly line or Bajaj makes its own DTSi technique then in this case if any other company copies their technique then in this case it will be infringing the Industrial Design act.
5. Geographical Designs –
It tells about the origin of goods and also assures that goods bearing the geographical name will have some peculiar characteristics related to that particular area. For example- Darjeeling tea, it has special aroma in its leaves. No other company based in UK or USA can keep the name of their tea as Darjeeling tea. Scotch whisky is another such example company which is not manufacturing whisky in Scotland cannot use the word scotch because they will not have the peculiarity which a scotch whisky should have.
nice to knw dat nw itz on ur site coolz
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