What are "Intellectual Property Rights"?
Introduction
Term "Intellectual Property" is formed of two words, "Intellectual" and property. Intellectual means, connected directly from our intellect(Brain), so any ideas or thoughts which are created by our mind, and if they have commercial value, then it is an intellectual property(IP). There are laws which gives you some rights for your intellectual property, these rights are known as the Intellectual Property Rights(IPR). The law students might be aware of these terms but for the Medical and Non-medical students they are strangers, but it is more important to the Engineers and the Doctors, or anyone who is doing some research work.
There are different intellectual property rights in different countries, but they are similar to each other. It is there in about 150 countries of the world. If you compare an IPR and a registration certificate of a vehicle, then you will find a lot of similarities. Like any other physical property, intellectual property can be bought or sell, so you can see that there is so much value of your thoughts and ideas. I will give here the introduction of the various Intellectual Property Rights one by one.
Various Intellectual Property Rights
(1) Patents: Suppose you have invented an engine which can work only with the air, then I am sure it will be a great invention because the petrol and diesel are already becoming a problem to common men. Now you can buy the patent for this invention from the Govt. So a patent is an right which is granted by the Govt. to you and restricts the others from, making, using, or selling that invention. It takes small work to register a patent, you have to apply for it, and then after the respective patent office of the country approve it, you have the right over the invention. There is small fee which is levied by the Govt. to keep your patent safe.
(2) Copyright: If I am a writer, poet, singer, actor, or the producer/user/distributor of the literacy, musical, or cinematographic work then it is the most important right that you have to know about. Copyrights are a set of exclusive rights granted by law to the producer of the work. When you buy a DVD, or a book you can see the copyright symbol i.e. a circled c. I can not distribute, reproduce or sell that work without the prior permissionof the copyright holder. Copyright do not restrict the user from using the ideas or thoughts that are given in the work, it only prohibits the distribution, selling, or reproducing that work. You can use the recipes given in a book to cook them at your home, but you can not sell that book. I hope it is clear now.
(3) Trademark: It is a word or a symbol which is used by the manufacturer or producer to identify its products. It distinguishes their products from the other products. There are two types of trademarks used one is "TM" and other is a circled R. The difference between the two is that one is used when you have applied for the trademark but it is not registered yet, and the other is used when the trademark is registered. If you want to see the example, then look at the sticker which may be attached to your laptop with a trademark of windows 7 in it. Or if you use any shampoo or any polish for your shoes, there you can see either of these two symbols.
(4) Industrial Design: It is related to the specific design of the article. Design is important for any product and it has its commercial value too. It can refer to the specific shape, surface pattern, color or the combination of all which provides it a good, different appearance and attracts the other's attention.
(5) Layout design of Integrated Circuits: In India there is an act for the protection of the layout designs of the Integrated Circuits in India. It came into force on 04-09-2000. This protects the specific design of an integrated circuit in which the various transistors and other circuit elements are laid out. It is important in today's world of computers, where technology changes very fast. For registering a particular design it must be original, distinctive, and must not be already commercially exploited.
(6) Geographical Indications: It indicate a particular geographical region which is related to the products, because they originate from that particular place. You can take the example of the Assam Tea, Agra Petha, Basmati rice etc.
(7) Plant breeder's rights: This right is important for the biodiversity. There are researchers working for the new breeds of the plants and crops but if they are not benefited from it, they are not inspired much to do so. There are foreign companies which might fear to sell the new breeds in India if this right was not here. They are protected from piracy by this right.
(8) Trade Secrets: There are some trade secrets which if not protected may harm marketing of the product. For example there is a specific method/formula for producing the "fair and lovely", which can be disclosed by an employee outside, so it must be protected. In India there is no exclusive legislature to protect the trade secrets but there are some tools used by the companies to protect their trade secrets. The new comers has to sign Non-Disclosure Agreement(NDA) with the company, which prohibit them from disclosing the information outside the company.
Conclusion: Among all these 8 intellectual property rights, the 'copyright' is the only one which has the 'worldwide jurisdiction' and others has national. Now as an Engineer or as an writer you must know about all these laws, and maybe all may not be of importance to all but the knowledge of all can enhance understanding level. Mere knowledge of these rights can make a person feel protected and powerful because all you or me that need is mind, which everyone has.
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