IPR notes

IPR notes

• 1.
  Intellectual Property Rights Intellectualproperty (IP) is a legal field that refers to creations of the mind such as musical, literary, and artistic works; inventions; and symbols, names, images, and designs used in commerce, including copyrights, trademarks,patents, and related rights. Under intellectual property law, the holder of one of these abstract "properties" has certain exclusive rights called copy rights for a certain period of time to the creative work, commercial symbol, or invention by which it is covered. The second category is collectively known as "industrial properties", as they are typically created and used for industrial or commercial purposes.A patent may be granted for a new, useful, and non-obvious invention, and gives the patent holder a right to prevent others from practicing the invention without a license from the inventor for a certain period of time. A trademark is a distinctive sign which is used to prevent confusion among products in the marketplace. An industrial design right protects the form of appearance,style or design of an industrial object from infringement. A trade secret is an item of non-public information concerning the commercial practices or proprietary knowledge of a business. Public disclosure of trade secrets may sometimes be illegal. The term "intellectual property" denotes the specific legal rights described above, and not the intellectual work itself. The importance of intellectual property in India is well established at all levels- statutory, administrative and judicial. It lays down minimum standards for protection and enforcement of intellectual property rights in member countries which are required to promote effective and adequate protection of intellectual property rights with a view to reducing distortions and impediments to international trade. The obligations under the TRIPS Agreement relate to provision of minimum standard of protection within the member countries legal systems and practices. NEED FOR PROTECTION TO IPR The protection of intellectual property rights is an essential element of economic policy for any country. Only such protection can stimulate research,creativity and technological innovations by giving freedom to individual inventors and companies to gain the benefits of their creative efforts. It is a very important issue to plan to protect the intellectual property rights. The major needs are to  Prevent plagiarism.  Prevent others using it.  Prevent using it for financial gains.  Fulfil obligation to funding agency.  Support income generation strategy. IMPORTANCE OF IPR  Give the inventors exclusive rights of dealing.  Permit avoiding of competitors and increase entry barriers.  Allow entry to a technical market  Generate steady income by issuing license. The Intellectual Property Rights (IPR) will have wide range of socio, economic, technological and political impacts. Rapid technology obsolescence and fierce competitions lead one to protect the innovations using the tools of IPR such as patents, trademarks, service marks, industrial design registration, copy rights and trade secrets. The legal framework for IPR is in a stage of dynamic adjustments and changes to accommodate the challenges and new situations that result from convergence of technology.