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Trending: Call for Papers Volume 3 | Issue 2: International Journal of Advanced Legal Research [ISSN: 2582-7340]

INTELLECTUAL PROPERTY: FAIR USE

 Introduction

The intellectual property comprises creations, literary and artistic works, patterns, and commercial symbols, names, and photographs (IP). Every person who creates a literary work or an industrial technology is given certain rights, including the exclusive right to that literature or invention, as well as the right to profit monetarily from it. All rights provided to a person as a result of the creation of intellectual property are stated as intellectual property rights. These rights can be owned by an individual or a business. Literary works are owned by individuals, while industrial inventions are owned by businesses. However, there are certain exceptions. Patents, copyright, and trademarks are a legal tool that allows people to obtain identification or monetary benefit from what they invent or generate. By monitoring the proper balance between the interests of the innovator or developer and the interests of the consumer. 

 

Patents, Copyrights, Trademarks and Trade Secrets ️

They are the legal mechanics that allow people to grasp knowledge recognition or the financial benefits from what they make or create ️

 

[1]Copyrights[1]

They are the basic rights that every creator has for their unique and artistic works. Works under the copyrights include music, books, sculpture, films and all the computer programmes with their database also includes different types of advertisements, mapping and drawings that are technical. 

Copyright law safe the creators of original material from its not authorised material from being copied or use. 

For an original work to be saved by copyright laws, it has to be in tactile form.

 

[2]Patents[2]

This is an entire right given for an invention. Patents give the holder of the patent the rights to resolve how or in which condition the creation can be used by another person. For this right, the patent creator builds the technical information for the invention accessible to the public in the patent document which will be already published. 

 

[3]Trademark[3]

It is a symbol capable of differentiating the goods or any service of one company from the other enterprise. In the past time of ancient times, artisans also used to put a mark or a symbol on their products. This mark or symbol can be of any kind according to choice which is not used before by some other.

 

[4]Trade secret[4]

Process of any company that is not known to the outside world. It gives the company a competitive benefit for its competitors and is generally for internal research or its development. In this, the information is not given to any outsider.

 

SCOPE OF INTELLECTUAL PROPERTY 

IP rights have a wider scope, and there are two classification methodologies for determining either IP is copyright or factory property. Creations, trademarks, biodiversity, logos and other business interests are examples of industrial properties. A patent grants the possessor all rights to utilise the Intellectual Property to profit from the creation. An invention is a creation, method, mechanism, or production in and of itself. Copyright does not grant you individual rights to a plan or an idea, but it does protect your view of plans that are not patentable. Copyright covers a wide range of topics, including art and literature, as well as technical works and software. Even sounds and audio-based visual works are balanced by copyright laws. The period of copyright protection has a period of few years after the death of the creator. For example- an artist work is copyrighted for his full life and then a few years after his death. patent laws, there is no necessity of the executive process in copyright laws. 

Why promote and protect Intellectual Property?

 There are various reasons for promoting and protecting intellectual property. A few of them are:

1)The capacity to produce and create new inventions in the fields of automation and culture continue to be a source of progress and benefit to humanity.

2)Instead of keeping the creation private, IP protection promotes it to be published, distributed and disclosed to the public.

3)Promoting and protecting the intellectual property encourages economic growth, the creation of new employment and industries, and the improvement of living standards.

 

FAIR USES OF INTELLECTUAL PROPERTY (IP)

 Its main purpose is to boost the invention of intellectual goods. This law gives the person and the property or business the rights to be informed and intellectual goods they make or create for a given period.

 

 Modes: 

1) It enables people to gain from the information and intellectual property they make, as well as to protect their ideas, innovations, and intellectual property from being copied. These economic benefits are supposed to stimulate innovation and contribute to countries’ technical growth, which is dependent on the level of protection provided to innovators and developers.

2) When contrasted to ancestral property such as building or things, intellectual property’s untouchable character generate challenges and dilemmas. Intellectual property, unlike traditional property, cannot be divided because an intellectual good can be absorbed or consumed by an unspecified number of people without becoming exhausted. Additionally, investments in intellectual goods suffer from problems but can be easily solved. 

 

Conclusion

Intellectual property rights are ownership rights that provide short-time benefits to their owners in exchange for the absolute use of revenue rights derived from cultural affability and inventions. There must be compelling grounds for a society to provide some of its citizens such an advantage, and exponent of these rights offer three broadly recognised explanations to protect today’s multinational intellectual property rights. Managing IP and IPR is an integrative endeavour that necessitates a variety of functions and procedures that must be lined up with national laws as well as international agreements and practices. It is no longer entirely driven from a national perspective. Individuals’ engagement with diverse centres of knowledge, science, medicine, law, finance, marketing, and several others, requires varied treatment, handling, planning, and tactics for different types of IPR. Intellectual property rights (IPR) have societal, economic, technological, and various consequences. With the support of IPRs like trademarks, patents, industrial designs, copyrights, and trade secrets, leaders in rapid technology, globalisation, and ferocious competition can protect their innovations against infringement. However, intellectual property rights are still being violated. The administration is likewise attempting to put a stop to it. There are laws in contrast for the prevention of violation of intellectual property rights.


This Blog is Authored by Saloni Sharma, Student of Galgotias University


[1]Section 13,Copyright act 1957

[2]Section 134,Patent act 1970

[3]Section 2,Trademark act 1999

[4] It’s a secret and remains between the limited group of people.

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