INTRODUCTION
IPR (Intellectual Property Rights) is one of the core part of legal structure to safeguarding and incite innovation, creation. Under municipal and international legal instruments, IPR is designed to give creators and inventors exclusive rights to their intellectual labor in order to derive benefits from their work but at the same time serve the public good by spreading knowledge and public welfare through the fruits of innovation or creativity. This new framework has had a profound influence, not only on legal doctrine but also on the economy of nations.[1]
Through an overview of the ways in which intellectual property laws incentivize systematic advancements in technological creativity, this chapter addresses the mechanisms and the beneficiaries of the most common forms of IPR, discusses the dynamic of impact of IPR in key industries, and covers surface the types of IPR, the beneficiaries, and the jurisprudential balance between exclusivity and public access. This analysis will draw upon original legal documentation such as constitutional text, laws, international agreements, judicial case-law, and related commentaries, which together delineate a legal framework relative to IPR.
The Legal Basis of Intellectual Property Rights
IPR protection is not something created in vacuum and it finds its roots in constitutional and statutory provisions prevailing in various jurisdictions. Some national constitutions also recognized and protected intellectual property as property right, underlying the fact that innovation should be protected by law. The United States Constitution, Article I, Section 8, Clause 8[2] (the Patent and Copyright Clause), provides that Congress has the power “to promote the progress of science and useful arts” by securing for authors and inventors exclusive rights to their discoveries for limited periods. Article 17(2) of the Charter of Fundamental Rights[3] of the European Union (30 March 2000) recognizes intellectual property as a fundamental right in the European context.
The statutory level covers individual national legislations providing specific protections for various instances of intellectual property. The protection of inventions in India is governed by the Patents Act, 1970 (India)[4], and the Act lays down the patentability criteria, rights of patentees, and public interest limitations. The Indian Copyright Act, 1957[5], grants authors exclusive rights to their literary, artistic, musical and cinematographic works with certain exceptions for fair use. India’s Trademarks Act, 1999[6] governs registration and protection of trademarks, ensuring misuse and infringement of brand identities do not occur. The Trade Secrets Act, 2016[7] provides protection to confidential business information, preventing its unauthorized use and misappropriation in the United States. Along the same lines, in the U.K., intellectual property is regulated by similar copyright legislation, the Copyright, Designs and Patents Act, 1988[8] and common law principles on passing off and trade secret protection.
There are several treaties at the international level, which offer standard rules and cross-border execution mechanisms for IPR. Through its Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS, 1994)[9], it standardizes IPR legislation for all of its (at the time of writing) 164 member states, by laying down minimum standards for protection. Article 2 of the Paris Convention for the Protection of Industrial Property (1883)[10] provides for national treatment and uniform protection for patents. The Berne Convention for the Protection of Literary and Artistic Works (1886)[11] provides, concerning automatic copyright protection in a member country without formal registration. The WIPO Copyright Treaty (1996)[12] focuses on copyright issues in the new digital age and extends protection to software and databases. Read more in “Patent (Monopolies and) Public Health“This International treaties indigenous to Geographical Indications (GIs) are initiated by common or universal agreements and conventions.
[1] Budish, E., Roin, B. N., & Williams, H. (2015). “Do Firms Underinvest in Long-Term Research? Evidence from Cancer Clinical Trials.” American Economic Review, 105(7), 2044–2085.
[2] U.S. Const. art. I, § 8, cl. 8.
[3] Charter of Fundamental Rights of the European Union, art. 17(2), 2000 O.J. (C 364) 1.
[4]The Patents Act, No. 39 of 1970, India Code (1970).
[5] The Copyright Act, No. 14 of 1957, India Code (1957).
[6] The Trademarks Act, No. 47 of 1999, India Code (1999).
[7] The Trade Secrets Act of 2016, 18 U.S.C. § 1831–1839 (United States).
[8] Copyright, Designs and Patents Act 1988, c. 48 (U.K.).
[9] TRIPS Agreement, Apr. 15, 1994, Marrakesh Agreement Establishing the WTO, Annex 1C, 1869 U.N.T.S. 299.
[10] Paris Convention for the Protection of Industrial Property, Mar. 20, 1883, as revised at Stockholm, July 14, 1967, 828 U.N.T.S. 305.
[11] Berne Convention for the Protection of Literary and Artistic Works, Sept. 9, 1886, as revised at Paris, July 24, 1971, 1161 U.N.T.S. 3.
[12] WIPO Copyright Treaty, Dec. 20, 1996, 2186 U.N.T.S. 121.