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IPR- an important subject of common masses which was strategically turned into a subject of elites

Richa Sharma

Intern, Constitutional Rights Initiative

Intellectual Property (IP) law and its protection has never been India’s forte, and this has often come back to haunt its work around innovation. Especially worrisome have been the recent Intellectual Property (patent, copyrights, and design rights) infringements by Chinese firms. So when Reverie Language Technologies won a favorable verdict at the Delhi High Court recently, it was a victory for Indian intellectual property protection as well.

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

IP is protected in law by, for example, patents, copyright and trademarks, which enable people to earn recognition or financial benefit from what they invent or create. By striking the right balance between the interests of innovators and the wider public interest, the IP system aims to foster an environment in which creativity and innovation can flourish.

In order to take forward the National IPR Policy and to enhance creativity, innovation, competitiveness and economic growth in India, it is imperative to harness IP. With phenomenal growth of the Indian Economy it is vital that IPRs are generated in India and then legally protected and exploited. Inadequate knowledge about the rights of individuals to protect their ideas and innovations and low awareness about the procedures involved in obtaining an IPR has hindered India’s growth in Intellectual Property. With India’s potential and its importance in the global arena, it’s time we rise and become a leader in innovation and Intellectual Property!

Globalization and advancement in digital technologies have bought about changes in the rapidly emerging and evolving cognitive field as well as the hands-on department. This has led to the increase in the importance of intellectual property rights (IPRs), which encourages fair use and preempts plagiarism. IPRs are artistic, creative ideas resulting from the human brain applying art and design and inventing something unique based on the community’s pursuit to add property. These rights are assigned to creators for a specific period when the builder acquires them in their work . They include copyright, trademark, design, trade secrets and patents, which provide benefits to creative efforts by acknowledging them.

In the era of recession, many international companies dominated the Indian pharmaceutical market. Drugs were exported at a high cost making India one of the world’s highest-priced nations. It was observed that the old Indian Patents and Designs Act, 1911 did not serve the needs of the Indian people. As the Indian patent system was a process run by The “Process patent”, the process of transitioning to the “patent system” was expected to be a nightmare for the pharmaceutical industry, and the initial reaction was overwhelming. An IPR license is often contractual and crucial to avoid unfair practice wherein the licensee is authorized by the licensor to perform tasks that otherwise would be illegal.

Patents protect the dental or medical diagnostic products from being used commercially without the inventor’s consent. Class-grade patents form the basis of the country’s scientific, industrial, and economic growth. A technological strategy employed is “ever greening,” which uses “one-second patent,” which are small formulations or other modifications of a patent that tend to extend the lifetime of a patent. The Indian Patent Act contravenes the ever greening measures by introducing section 3 (d), which distinguishes between “new discoveries” and explicitly defines a patent. Initially, ‘industrial property’ only protected certain rights of which encompass patents, trademarks, and industrial design. The term ‘property ownership’ protects more than one right, thus expanding its meaning and promoting technological advancement in several ways. An intellectual property (IP) developer may own, control, and be rewarded for its use thus, promoting and benefiting all. IPRs are licensed like any other property, and IP infringing laws avert the breaching of unembodied ideas. Plagiarism will not decline unless strict infringing laws are applied. This is problematic, and one should shed some light to help researchers and publishers to take advantage of it to avoid copyright infringement.

Copyright offers protection to written text, drawings, or any physical creation by storing it in the computers. Under copyright law, one of the most important restrictions is the doctrine of “fair use.” This doctrine is limited and distinct from the exclusive right granted to the author of the creative work. It allows restricted use of copyrighted material without the consent of the copyright holders. Many countries have established national regimes to provide protection from IPR under its law. Except in the case of copyrights, protection provided to the manufacturer in a country (such as India) or a region (such as the European Union) is limited to the area where the protection is sought and is not applicable in other countries or regions. For example, a patent acknowledged in India is not valid in the United States of America.

Furthermore, IPR laws are at different implementation stages in India, but there is no distinct rule for protecting anonymity for trade secrets or confidential information. IP should be a collective action of building, managing, and selling the idea and is considered a financial resource. When the transaction of an idea begins, special IP will become the foundation. It is a right granted by the government empowering others to exclude, use or practice the innovative idea/method. To avoid corrupt practices in the dental industry, such as fraudulent imitation of an organization name, surgical procedures IPR is the need of the hour. Dental students and doctors should be aware of the benefits they have.

Strikingly revealing, thorough scientific literature search yielded results that there was not a single study published on the awareness and utilization of IPR or such constructs among the dental task force. Hence, the current study aims to assess the knowledge, attitude, and practices of dental professionals about IPR.

Trade-related aspects of intellectual property rights (TRIPS) have become a game changer for many companies in India. This is also a global scenario with companies using IPR to strategic advantage.

Thousands of small and medium enterprises (SMEs) in India are reported to be losing millions in revenues due to lack of awareness about IPRs (intellectual property rights).

In the developed world, owing to high awareness levels, small entrepreneurs approach venture capital and private equity funds to meet the expenses incurred on cost of protection, enforcement and commercialization of IPRs. In India, the lack of awareness among small players effectively denies them the fruits of the intellectual property they create.

The study recommended that educators need to incorporate IP into their curriculum discussions to increase knowledge on the importance and benefits of protecting IPRs.

MANY singers, musicians, writers, film and TV play producers and poets have suffered because of the piracy in our country, poor implementation of copyright laws and lack of awareness among these artists and scholars about how to protect their intellectual property rights.

Though these artists did not lobby for the protection of their rights, a light can be seen on the other side of the tunnel. This light has been lit under growing international pressure and strong lobbying by the foreign and local industry at home.

Strategies for building respect for IP

Awareness rising is an essential component of any strategy to build respect for IP. The tactics involved in any strategy include not only public communications, but also practical steps such as:

  • changes to educational curriculum.

  • commercial strategies to encourage legitimate consumption of IP protected goods

  • technical measures to prevent access to infringing content,

  • Enforcement activity associated with specific awareness raising campaigns.

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