Authored By – RUPSHA AHMED, DEPARTMENT OF LAW, UNIVERSITY OF CALCUTTA
INTRODUCTION
“He who receives an idea from me, receives instruction himself without lessening mine; as he who lights his taper at mine receives light without darkening me.” -Thomas Jefferson, author of the Declaration of Independence and the third President of the United States (1801–1809).
Intellectual Property Rights are a type of legal right that is given to creators to protect their creations, which they made from their own ideas, and this is known as intellectual property. This protects the creator`s works from piracy, making sure that their works are safe and no one can steal them and use them for their own profit by giving them control over their inventions. In a world where a new invention can possibly change an era and introduce a new civilization, a single copyright breach can destroy someone`s whole life of hard work. In this age where people can copy other people`s works with just a single click, we should know how to balance innovation with protection. India loses millions of dollars in a year to digital piracy. In this modern age, ideas need to be protected as it is a significant concern for the owners of such property. Intellectual Property Rights are not just about protecting ideas, its about ensuring creators get the respect and protection they deserve and that they get fair rewards. Imagine a person spending months creating something new and it gets stolen, copied, and sold in just a few weeks. We need to keep these safe so that creators don’t get unmotivated.
We often come across common words like patents, copyrights, and trademarks in our everyday lives. These are related to IPR and are types of such. Patents protect inventions and discoveries whereas copyrights protect artistic or software works. Trademarks protect logos, symbols, and similar things to distinguish goods and companies so that a brand has their own identity. Hence, IPRs are crucial for the creators to protect their own personal creations from hackers and prevent them to get pirated. This motivates the creators to make new creations and protects traditional and cultural knowledge. By introducing efficient frameworks, creators are treated fairly for their efforts and they get the recognition they deserve.
Intellectual Property Rights are also recognized universally by international statutes. The Trade-Related Aspects of Intellectually Property Rights (TRIPS) Agreement establishes standards for protecting IPR. Also the Paris Convention for the Protection of Industrial Property (1883) protects patents and trademarks. These international frameworks protect intellectual property globally and India is also a member country to it.
Keywords: Intellectual Property Rights, Patents, Trademarks, Copyrights, Digital Piracy, TRIPS Agreement, Infringement, WIPO, Plagiarism, Licensing.
Meaning, Definition & Explanation
Intellectual Property Rights (IPR) are the legal protections given to people who create, mostly digital art or literary works, for their intellectual creations, allowing them to control their own creations, distribute them however they like, and use them commercially. These rights include patents, copyrights, trademarks, geographical indications, etc. In this age where digital content can be shared globally in a short time, protecting intellectual creations is crucial and challenging too. Intellectual property rights ensure that no one can steal others` creative works and use it for their own purpose and profit. This is introduced to protect the works of creators from unauthorized stealing of ideas.
Historical Background/ Evolution of Intellectual Property Rights
The roots of this concept can be traced back to ancient civilizations like Greece where inventor rights were protected. During the Renaissance, the framework started coming to light. The world`s first copyright law was England`s statue of Anne in 1970. This act introduced the concept of protecting the owner of copyright. In India, The Indian Copyright Act of 1914 was first among such laws being introduced. This was in the colonial period. As time passed and the modern era came, after independence two new acts came which had aligning principles with global laws like the most significant TRIPS Agreement and this has also been signed . These acts are the Patents Act, 1970 and the Copyright Act, 1957.
Comparison of IPR laws of India with other Countries
India`s IPR laws have improved in recent years but they still face challenges and are not close to them if compared to the developed nations. If we compare India`s framework with the USA`s, then the USA has special courts for such cases and the penalties are very high if individual intellectual property is infringed. In India, we can see that there are plenty of intellectual property laws but their effectiveness goes unnoticed because of delays in enforcement and lack of resources and awareness.
The digital age has made it very easy to create content and share but it also opens the door for content piracy and those getting used illegally without authorization. As technology advances and laws improve, there will come better ways to know about any type of unauthorized access in less time so as to prevent damage. As India`s enforcing mechanisms are developing still, they are violated too sometimes. This makes the creator lose confidence in such mechanisms. India is rich in its heritage such as traditional Ayurvedic medicines and handmade crafts. If this property is exploited without proper recognition of the owner, making them get nothing for their efforts, this will hinder the economy of these communities and cultural values will be degraded. Furthermore, lack of awareness about IPR will lead to people not being able to utilize available sources and protections.
Causes / Effect Relation with Other Concepts
In this digital age, the global economy has increased and intellectual property has become vulnerable and more threatened. Below are some key cause-and-effect relations.
- Rise of digital piracy: As online content is becoming accessible easily, criminals are now easily stealing music, films, books, etc. resulting in loss of money for content creators, who are dependent on digital products.
- Cross-border disputes: The internet is a vast area connecting people across the globe and even though having positive benefits, IPR violations occur, in different jurisdictions which makes enforcement challenging. International cooperation and digital tools are essential to monitor and tackle these violations.
- Lack of Public Awareness: Startups and small businesses are emerging in India recently, and they fail to understand the importance of intellectual property protection, by which they miss opportunities.
- Types / Kinds of Intellectual Property
There are various types of intellectual property but the four main types are patents, trademarks, copyrights, and trade secrets, which are pretty much common. Now the question that comes to mind is why would someone want to protect their designation of origin and how to protect a photo with a copyright? This article covers all such. The types of intellectual property are as follows:
- Patent: This type of right protects inventions. This provides the owner of the patent with the right to decide whatever is to be done to the invention like whether others can use it and how one can use it if he gives permission.
- Copyright: This is a legal term that is used to describe the rights of the owners of any type of works which are related to literature or any artistic piece. Any type of literary work comes in this category. This right is exclusively given to the owner by law, to print, publish, or share copies of his original work irrespective of him giving it out as a free resource or selling it. This right is given in dramatical works mostly and also includes books, music, paintings, sculptures, films, drawings, etc.
- Trademark: It is a sign by which two different companies or services or goods are differentiated so that they don’t get mixed up. Trademarks are used since ancient times when traders marked their signatures on the products they made. This is basically logos and distinguishes the identity of brands.
- Industrial designs: These consist of the ornamental aspects of a product or article A design contains unique features like patterns, lines and colours and these are also designated as a type of intellectual property.
- Geographical Indications: These mark the sign of origin of a certain product. A product that has been made in a specific geographic location and possesses special qualities of that place (i.e., paintings which have cultural heritage of a certain place gets a geographical indication tag) are given such mark so that they don’t lose their authenticity. A geographical indication includes the name of the place of origin of those goods.
- Trade secrets: These are IP rights on confidential information, protecting them from getting sold illegally or licensed.
Forms / Modes of Intellectual Property rights
Intellectual Property Rights can be violated in various forms, both in the physical and digital world. Physical violation involves unauthorized copying and distributing of goods such as pirated DVDs. As technology evolves, digital IPR violations have increased. These include software piracy, illegal streaming of movies and music, plagiarism of digital content, and unauthorized sharing of e-books and research papers. In these modes, the cyber criminal copies someone’s content without the permission of the owner. Law enforcement should check up on this as these types of works are a threat as business information are at a risk to get unlawfully accessed and misused.
Essentials / Elements / Pre-requisites of IPR
In order to protect intellectual property in India, there are certain requirements we need to keep in mind.
- Originality and novelty must be maintained as intellectual property must be new to the public and they should not know previously.
- The intellectual property must be recognized legally and should be registered under any national or international law.
- The owner must have exclusive rights to license, use or sell his property and it should have a commercial value so that it is able to contribute to the country`s innovation and commerce. Also there should be a procedure for enforceability within the jurisdiction unless covered by international laws and it should protect the property from infringement.
Defences / Exceptions / Exceptions to Defences
There are certain defences for the unauthorized stealing of intellectual property, to ensure fairness in the system and justify nonmalicious intentions.
The doctrine of fair use says that limited use of copyright materials can be allowed for purposes of criticizing, research work, education or reporting it to news. Also works that are not protected by copyright can be used freely by anyone. But exceptions are there like if the defendant proves that fair use is made but his faith was bad and he did it for his financial gain then they will still be held liable.
Independent creation can also be used as a defense. If any person who is alleged to steal someone`s work proves that he created such work independently without copying from the other person, or he was unaware of the existence of such work, it can be taken as a valid defense. But the exception is that, if the person was aware that something similar exists, he should give credit. Even in fair-use scenarios, failing to credit the original creator can weaken the defense.
In cases of public interest, such as affordable medicine access, governments may issue licenses allowing others to use patented inventions without permission. This is known as compulsory licensing.
Legal Provisions / Procedures regarding IPR
India has enacted various laws to protect intellectual property in this growing digital age. If compared to other countries, Indian laws are not that much efficient but still certain laws have been enacted to protect creators from malice. Below are some statutes.
- The Patent Act of 1970 deals with the registration and protection of patents. This statute makes sure that patents are protected from illegal access. One can file a patent application with the Indian Patent Office and then an examination process, including examining the objections. If the patent gets approved, it is published.
- The Copyright Act of 1957 protects works which are artistic, and literary works like films, dramas, paintings, etc., and digital works. An application is submitted to the Copyright Office which examines documents and if there is no objection, the copyright is registered and a certificate is issued.
- Similarly, the Trademarks Act of 1999 protects trademarks, and logos and regulates the registration of such. Under this statute, an application is filed under the trademark registry. The registrar examines such and publishes it in the trademark journal for opposition and if there is none after four months, then it is published.
- The Designs Act of 2000, protects industrial designs and drawings from getting copied.
- The Geographical Indications of Goods Act of 1999 recognizes and protects GI-tagged products, making sure their place of origin is correct and no other place can claim it as a work of their own.
Guidelines / Rules / Regulations / Notifications / Circulars regarding IPR
India has established various guidelines and regulations to strengthen IPR protection. These include the National IPR Policy (2016) which provides a framework for improving IPR enforcement, awareness and commercial use of such property. The Patent Rules, 2003 (which was once Amended in 2021) introduced faster examination procedures and made it easy for startups to claim their property as their own. The Copyright Rules, 2013 sets a framework for copyright protection, registration, and dispute resolution. The Trade Marks Rules, 2017 made the process of trademark registration simple and increased penalties for violations. The Cinematograph Act, 1952 aims to curb film piracy through stricter measures for enforcement for digital work. protects the illegal copying of films or film ideas by taking up strict measures and penalties. Even if someone refers to such ideas,
Customs / Usage / Traditions-based Laws of IPR
In India, intellectual property protection has historically been influenced by customs, traditions, and community practices. India is protecting traditional medicines like Ayurveda from getting exploited by foreign countries. The Traditional Knowledge Digital Library (TKDL) was created for this knowledge and to prevent illegal patenting. Many Indian products like Darjeeling Tea, Pashmina Shawls, and Basmati Rice have been granted GI tags to protect their regional authenticity and prevent misuse. Various traditional handicrafts and artworks, like Madhubani paintings and Kanjeevaram sarees, are safeguarded through IP laws, recognizing their cultural significance and ensuring artisans receive due credit. By integrating customs and traditions with modern IPR laws, India is strengthening its efforts to protect its rich cultural heritage and at the same time, benefitting the artisans with money.
Case Laws / Precedents / Overruling Judgments
There are many case laws that are noted for setting important precedents which is essential for protecting intellectual property rights and making sure it is enforced in the correct way and there is no wrong interpretation.
In the case of R.G. Anand v. Delux Films & Ors (1978) 4 SCC 118 it was held by the Supreme Court that ideas are not able to be put under copyright but expression can be put under copyright. Delux Films merely took inspiration from R.G. Anand`s play. Only the idea was copied, the expression was not. So in this case it was held that infringement did not occur.
Another case of Bajaj Auto Ltd. v. TVS Motor Company Ltd. (2010) 15 SCC 673 is related to intellectual property rights in the automobile industry. The Supreme Court of India talked about the plaintiff`s patent infringement but the case got settled in court as both companies decided to take the claims off.
In the case of Novartis AG v. Union of India (2013) 6 SCC 1, The Supreme Court denied a patent to Novartis for its cancer drug Glivec. It gave the ruling that minor modifications of known drugs (evergreening) do not qualify for patent protection under Indian law. This case reinforced India’s stand on affordable medicines and public health and ensured affordable access to essential medicines.
Interpretations / Explanations of IPR
Intellectual Property Rights have been interpreted in a lot of ways, be it legal, academic, or research purposes. Courts have tried their best to make the language clear and make sure that the language is certain and unambiguous. By distinguishing between terms that are colloquially used in the same sense but mean something different like copyright and trademark. It ensures that the public has access to basic knowledge about IPR. As technology emerges and new minds come forward, new interpretations will be explored regarding ownership and ethical considerations.
Doctrines / Theories of IPR
Intellectual Property Rights are based on various theories and doctrines that justify the protection of intellectual creations. Below are some doctrines which we will discuss about.
- The first theory about IPR is the Natural Rights Theory, based on John Locke’s Labour Theory. This theory states that everyone has a right over something they have produced. Just like that, creators also have a natural right to own the products of their intellect and labor, just like physical property.
- The Utilitarian Theory is developed by Jeremy Bentham and John Stuart Mill suggests that IPR should promote social welfare by protecting and rewarding innovation and creativity through exclusive rights.
- The Personality Theory as advocated by Hegel states that intellectual property is an extension of an individual’s personality, justifying protection for personal and moral development.
- Another theory developed by Jeremy Bentham and J.S. Mill is the Economic Incentive Theory which views IPR as a tool to encourage investment in research, innovation, and development by granting temporary monopolies.
- The Social Planning Theory by William Fisher focuses on balancing individual rights with public interest, ensuring access to knowledge, culture, and essential goods.
- The Doctrine of Sweat of the Brow grants copyright protection based on effort rather than originality. This doctrine is nowadays not accepted legally.
These are some known theories and doctrines of IPR.
Maxims / Principles
There are certain maxims and principles that are related to IPR and these principles can justify why ownership is necessary for intellectual property.
- Ex turpi causa non oritur actio is a known legal maxim that says that No action arises from an illegal act. This prevents the criminals from claiming someone else’s work as their own as the process becomes illegal and is unlawful to own such property.
- Res nullius is a maxim that says that property that belongs to no one can be claimed. This applies to patent law, where innovations without prior ownership can be protected.
- Nemo dat quod non habet is a maxim that says that one cannot give to others what they don’t own as no one can give what they do not have. This is relevant in copyright and trademark disputes as there is a lot of unauthorized licensing here and people tend to sell illegally acquired things.
Amendments / Additions / Repealing of IPR laws
India has made several amendments and additions to its intellectual property laws to align with international standards, address challenges and problems that we face in the modern world, and enhance enforcement mechanisms.
The Patents Act was amended once in 2005 and this one aligned India`s objectives with the TRIPS Agreement, which allowed patents for medicinal and chemical purposes.
The Copyright Act was amended in 2012 and this one introduced protection of an author`s moral rights ensuring that creators get what they deserve and also improved accessibility for disabled people.
In the Trademark Amendment Act of 2010, India joined the Madrid protocol and this helped India join multiple countries in a single application.
The Cinematograph Rules got amended recently in 2023 which made penalties stricter than it was for recording and selling movies illegally in piracy sites.
Statistical Analysis / Data Analysis
According to the Annual Report of the Office of the Controller General of Patents, Designs & Trademarks (CGPDTM) 2022-23, 66,440 patent applications were filed in India, showing a steady increase in innovation. India saw a 12% increase in trademark filings in 2023, with over 4.5 lakh applications received. The Indian copyright industry contributes nearly 7% to the GDP, with Bollywood, music, and software industries being key stakeholders. The Indian government has taken over 1,500 website-blocking actions in 2023 to curb digital piracy. As of 2023, India has granted over 470 GI tags, with Uttar Pradesh, Maharashtra, and Karnataka leading in the number of registered products. GI-protected products have seen a 15-20% rise in market value, benefiting local artisans and industries. India ranked 40th in the Global Innovation Index 2023, an improvement from 81st in 2015, showing progress in IP-related infrastructure.
Future Implications
It is evident by how fast the IPR laws are changing that the future of IPR in India will be shaped by advancements in technology, globalization, and improved legal frameworks. It has already made progress but in future, the remaining challenges will be taken care of. The Indian government is expected to introduce stricter laws and faster legal procedures to address rising cases of digital piracy, trademark infringement, and patent violations. AI-generated works raise new questions on ownership and copyright protection. Future policies will need to address whether AI-created content should be protected under IPR or remain in the public domain. India’s growing participation in international trade agreements will demand alignment of its IPR laws with global standards. With initiatives like ‘Startup India’, IP awareness programs will help MSMEs and startups protect their innovations effectively.
Criticism / Appreciation
In appreciation, strong IPR laws grant inventors exclusive rights, and patents have risen in India in medical fields. This has also led to attracting foreign direct investments making economic growth. The government has reduced trademark and patent application processing times, making IP registration faster and more efficient.
In criticism, it is seen that enforcement is a challenge as there are delays in court proceedings, and less resources and there is no proper penalty for such crimes. In India, filing patents and trademarks is very expensive and for this, small businesses cannot afford to get copyrights. Also legal costs are way too high which makes small businesses demotivated to get legal action against the persons who stole their property. Many businesses and creators, especially in rural India, are unaware of the benefits of IPR protection, leading to missed opportunities and exploitation. India`s legal framework is not able to keep up with growing technology like in AI, blockchain and creation of digital content. There are thousands of pending IPR cases in various Indian courts, leading to years-long delays in resolving disputes. Unlike other countries, there is no Intellectual Property Courts in India.
CONCLUSION & COMMENTS
By analyzing the contents of this article, we can conclude that Intellectual Property Rights play a crucial role in increasing innovation and protecting creative works and this leads to increased economic growth in this digital age. While IPR laws in India have improved over time, there needs better alignment of India`s principles with global standards, and more people in India need to be aware of such frameworks existing so that they can make full use of such. The evolution of technology has made intellectual property easier to be attacked on. By increasing legal frameworks, and cooperating globally, we can monitor such issues and tackle them effectively. Also strengthening India`s Judicial system becomes important. Protecting traditional and cultural knowledge is also essential by keeping Geographical Indication tags and Traditional Knowledge Digital library, safe and up to date. Finally, we come to know that India is striving to become a global leader in the future. The future of intellectual property is not just law enforcement, but it is in the culture that respects and safeguards innovation because in the digital age, an unprotected idea is a lost opportunity.
REFERENCES
- Books / Commentaries / Journals Referred
- Law relating to Intellectual Property Rights by V.K. Ahuja
- Intellectual Property Law in India by Tamali Sen Gupta
- Online Articles / Sources Referred
- Cases Referred
- G. Anand v. Delux Films & Ors (1978) 4 SCC 118
- Bajaj Auto Ltd. v. TVS Motor Company Ltd. (2010) 15 SCC 673
- Novartis AG v. Union of India (2013) 6 SCC 1
- Statutes Referred
- The Copyright Act, 1957
- The Patents Act, 1970
- The Trade Marks Act, 1999
- The Designs Act, 2000
- The Geographical Indications of Goods (Registration & Protection) Act, 1999
- Information Technology Act, 2000 (Data Protection Provisions)
- TRIPS Agreement (1995)
- Madrid Protocol (2013)
