A recapitulation and implications of intellectual property.

Introduction

With the advent of digitalization in the modern world, intellectual property rights have a remarkable influence on the ownership of the intangible goods and safeguarding the ideas of the party which is often stolen by the third party. This incorporates designs, symbols, inventions, writings, digital media, etc. The very basis of these intellectual property rights is to balance the rights of owner in the era of digital world. It has made a noteworthy influence on the international trade and national trade of every nation. This article is basically recapitulates with the scope and aspects like patents, copyrights, trademarks, geographical indications, cyber laws, intellectual product, and etcetera.

Pre-eminence Of Intellectual Property Rights

Intellectual Property Rights is set for the intangible assets which are legally protected by the company from the outside manipulative use without the consent. Seeking out its ability, Intellectual Property as an asset sets out to provide same protection of rights as physical property do. As per law, legal rights or monopoly rights is given to creator to reaping the economic advancements on their invention or creation. These rights are given to the owner who can buy, sell or license his intangible assets same as physical property.

Although obtaining rights is quite critical, sometimes competitors make it vulnerable by imitating the original product. Protecting it from inappropriate use, one has to register intellectual property at legal authority in spick and span manner to claim benefits of the business in the field of technology.

Categorization Of Intellectual Property Rights

According to World Intellectual Property Organization (WIPO), Intellectual Property divided into various parts like: patents, trademarks, industrial designs, geographical indication, copyrights, layout designs and undisclosed information.

  1. Patent Patent is an intellectual property right provided to the inventor by the government office for the novel technical invention. Invention refers to the solution of any problem involves development or advancement of any product a process. Protection is granted for the limited time period i.e. 20 years and can be renewed. Feasibility of the product can be granted by the sovereign authority must fulfill the following criteria: (i). usefulness, (ii). Novelty, (iii). Non obviousness.
  2. Trademark- Trademarks are signs or symbols includes logos or names registered by manufacturer to recognize goods and services. Trademark includes names, surnames, geographical names, slogans, logos, letters, design or combinations to determine a business or service from another. Protection is usually applicable for 10 years and it can be renewed as long as continued.
  3. Copyright- Copyrights are tangible form of expressions like book, work of art, music. Copyright registration is one of the most broadly used forms of protection provided to the authors for original works of authorship, either published or unpublished. It gives a copyright holder the exclusive right to oversight modification of such work for a particular period of time.
  4. Geographical Indication- Sign is used for the goods which have significant geographical origin and acquires that quality due to the origin of the place.
  5. Industrial Designs- It is an intellectual property right which protects the visual designs of objects such as watches, luxury products, jewelries, electrical appliances, architectural structures, and etcetera.

Praxis Of Digital Rights Protection

Intellectual property rights play a key role for the digital rights and have become a basis of important decision for privacy. Unethical means of practices like unauthorized data sharing, unauthorized data integration and utilization, disclosure to public in an authorized way are the crucial areas of concern. These are the very exclusive rights and it is quite strenuous to strike a balance between the innovators and society at large. To maintain confidentiality of interests of the innovators and legal framework is somewhat challenging but IPR has its proficiency to balancing the digital rights.

Manoeuvring The Digital Rights Protection

Digital rights management system or Electronic rights management system provides the security to the content, controlling and access of the work and integrity of the information has been protected by various means of systems like Cryptography, Digital Watermark Technology, Digital Signature Technology, and Electronic Marking, these techniques help to prevent the encrypting of data to unreadable

languages, protects ownership of sender or recipient, identification of the sender/receiver date, time or any unique code from illegal copying and system automatically marks the document copies respectively.

Judiciary Takes On The Protection Of IPR

Centre and State has taken very stringent punishment under both Civil and Criminal proceedings are as follows:

  • Civil Proceedings- Under Order 39 rule 1 & 2 of the CPC 1908 application is filed and remedies available are Injunction and damages, giving accounts and handing over profits, for custody there is appointment of local commissioner.

·       Criminal Proceedings- Complaint is filed before Chief Judicial Magistrate under section 93 and 94 application is filed and for lodging of FIR and search filed under section 156 of Criminal Procedure Code, 1973.

Last Year Data Of Cases Filed In Delhi And Bombay High Court

Total cases727
Trademark cases531
Copyright cases157
Design cases14
Patent cases42

Out of these cases only 92 cases were settled last year and in remaining cases ex parte injunctions and permanent injunctions were granted.[i]

For IP disputes and commercial disputes government of India has passed the new act in 2015 which came into effect in 2016. The said act is meant to provide the speedy disposal of disputes. It was held in the case of Asian Resurfacing of Road Agency Pvt. Ltd. & Ors. V. Central Bureau of Investigation, AIR 2018 16 SCC 299[ii] that right to speedy trial is the fundamental facet Right to life enshrined under article 21 of the Constitution of India. It is also perceived that High court has no right to make undue interference and it should be done in rarest of the rare cases to correct the patent illegality of the jurisdiction. By the said judgment, court provided exclusive timeline to complete the proceedings within the six months.

Conclusion

In the digital environment it is difficult to determine the cases which are permissible or not. Sometimes it is difficult to comprehend between the fair use and control of infringement of copyright law. In this very situation there is a need to modify the copyright law. The Intellectual Property rights should urge the creativity not to create hurdles in the use of information. Last but not the least Intellectual property rights in order to finally improve the international trade and impart the long-term social and economic development of the society. Therefore, Countries should make quintessential balance between the IP rights of individuals and company.


[i] https://www.mondaq.com/india/trademark/901982/intellectual-property-rights

[ii] https://www.mondaq.com/india/white-collar-crime-anti-corruption-fraud/772164/asian-resurfacing-of-road-agency-v-central-bureau-of-investigation-criminal-appeal-nos-1375-1376-of-2013

AUTHOR: Sanskriti Jain, Member of Research Board – 1.

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