8.6 Intellectual Properties Right

There is nothing wrong to say, in the present context, that ‘wisdom is wealth’. This is the era of ‘intellectualism’. Human intellect is exploring all the fields of knowledge. Considering the contribution of human intellect in the development of society a need has been felt to promote, protect, and encourage such a contribution. Consequently, the concept of intellectual property rights emerged. 

Intellectual property (IP) refers to creations of the human mind such as inventions, literary works, artistic works, symbols, names, images, designs etc. that are intangible when created and are generally converted into tangible products for market consumption. 

Types of intellectual property 

Intellectual property is divided into two categories: Industrial Property includes patents for inventions, trademarks, industrial designs and geographical indications. Copyright covers literary works (such as novels, poems and plays), films, music, artistic works (e.g. drawings, paintings, photographs and sculptures) and architectural design. Rights related to copyright include those of performing artists in their performances, producers of phonograms in their recordings, and broadcasters in their radio and television programs. Newer forms of the IPs are also emerging particularly stimulated by the exciting developments in scientific and technological activities. 

Copyright and related rights 

Copyright is a legal term used to describe the rights that creators have over their literary and artistic works. Works covered by copyright range from books, music, paintings, sculpture and films, to computer programs, databases, advertisements, maps and technical drawings. A closely associated field is ‘“related rights” that encompass rights similar or identical to those of copyright, although sometimes more limited and of shorter duration. The beneficiaries of related rights are: performers (such as actors and musicians) in their performances; producers of phonograms (for example, compact discs) in their sound recordings; and broadcasting organizations in their radio and television programs. 

Patents 

A patent is an exclusive right granted for an invention. Generally speaking, a patent provides the patent owner with the right to decide how - or whether - the invention can be used by others. In exchange for this right, the patent owner makes technical information about the invention publicly available in the published patent document.

Trademarks

A trademark is a sign capable of distinguishing the goods or services of one enterprise from we of other enterprises. Trademarks date back to ancient times when artisans used to put their signature or mark on their products. 

Industrial Design

An industrial design constitutes the ornamental or aesthetic aspect of an article. A design may consist of three-dimensional features, such as the shape or surface of an article, or of two-dimensional feature, such s patterns, lines or color.

Geographical indications

 Geographical indications and appellations of origin are signs used on goods that have a specific geographical origin and possess qualities, a reputation or characteristics that are essentially attributable to that place of origin. Most commonly, a geographical indication includes the name of the place of the origin of the goods.

Trade Secrets

Trade secrets are IP rights on confidential information which may be sold or licensed. The unauthorized acquisition, use or disclosure of such secret information in a manner contrary to honest commercial practices by others is regarded as an unfair practice and a violation of trade secret protection.

Points to Remember

Intellectual property (IP) refers to creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce.

Why should we promote and protect intellectual property? 

There are several reasons that force the promotion and protection of IPs. First, the progress and well-being of humanity rest on its capacity to create and invent new works in the areas of technology and culture. Second, the legal protection of new creations encourages the commitment of additional resources for further innovation. Third, the promotion and protection of intellectual property spurs economic growth, creates new jobs and industries, and enhances the quality and enjoyment of life. An efficient and equitable intellectual Property system can help all countries to realize intellectual property's potential as a catalyst for economic development and social and cultural well-being. The intellectual property system helps strike a balance between the interests of innovators and the public interests , providing an environment in which creativity and invention can flourish , for the benefits of all.

Intellectual property rights reward creativity and human endeavor, which fuel the progress of humankind. Some examples: The multibillion dollar film, recording, publishing and software industries - which bring pleasure to millions of people worldwide - would not ist without copyright protection. Without the rewards provided by the patent system, researchers and inventors would have little incentive to continue producing better and more efficient products for consumers. Consumers would have no means to confidently buy products or services without reliable, international trademark protection and enforcement mechanisms to discourage counterfeiting and piracy. 

Intellectual property rights (IPRs) 

IPRs are the rights given to persons over the creations of their minds. They usually give the creator an exclusive right over the use of his/her creation for a certain period of time. IPR means “ownership”. Ownership is important as it draws potential economic benefit for the owner.

Over the past two decades, intellectual property rights have grown to a stature from where it plays a major role in the development of the global economy. In the 1990s, many countries unilaterally strengthened their laws and regulations in this area, and many others were poised to do likewise. At the multilateral level, the successful conclusion of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) in the World Trade Organization enhanced the protection and enforcement of IPRs to the level of Solemn international commitment. 

The domain of intellectual property is vast. Copyrights, Patents, Trademarks and Designs are known to have received recognition for a long time. Newer forms of the protection are also emerging particularly stimulated by the exciting developments in scientific and technological activities.

Intellectual property has increasingly assumed a vital role with the rapid pace of technological, scientific and medical innovation that we are witnessing today. Moreover, changes in the global economic environment have influenced the development of business models where intellectual property is a central element establishing value and potential growth. In Nepal several legislations such as The Patent, Design and Trademark Act 2022 , The Copyright Act 2059, National Intellectual Property Policy 2073 etc. for the protection of intellectual property rights (IPRS) have been passed to meet the international obligations under the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). 

Countries have laws to protect intellectual property for two main reasons. One is to give statutory expression to the moral and economic rights of creators in their creations and the rights of the public in access to those creations. The second is to promote, as a deliberate act of Government policy, creativity and the dissemination and application of its results and to encourage fair trading which would contribute to economic and social development.

The convention establishing the World Intellectual Property Organization (WIPO), one of the specialized agencies of the United Nations (UN) system of organizations concluded in Stockholm on 14 July 1967 provides that “intellectual property shall include rights relating to

·                     literary, artistic and scientific works, 

·                     performances of performing artists, phonograms and broadcasts, 

·                     inventions in all fields of human endeavor, 

·                     scientific discoveries, 

·                     industrial designs, 

·                     trademarks, service marks and commercial names and designations, 

·                     protection against unfair competition, 

·                     and all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields.”

Assignment 6 

1.                  Define intellectual property rights. Also list out the different types of intellectual property. 

2.                  List out the legislation passed by Nepal for the protection of IPR.