What is intellectual property? Why should it be protected?
What is IPR?
Property created with the use of intellect and out of the intellectual labour of the creator\inventor. The idea and expression of such idea is his own original work and out of his ‘skill and labour.’ Although idea per is cannot be protected.
Protecting Intellectual Property Rights in Vietnam
What is the nature of IP and why it is a ‘property’?
The intellectual property is intangible i.e., it has a physical embodiment or an expression of the creation but not necessarily. It differs from movable and tangible properties like one’s land or house. The intangible properties are incorporeal in nature. Some examples of IP include book, poem, working model/invention, plant varieties from an area etc.
It is called a property for the very reason that it has a ‘commercial value’ and industrial utility to it. A property can be sold, altered and enjoyed possession by the owner and the same applies to one’s IP. Such rights are not fundamental but statutory. But the legal implications governing the controlling of IP protection gives that exclusive right to enjoy the same for each IP right for a limited period.
Why one needs IP protection?
The purpose behind the statutes governing the IPR field, have only one objective of protecting the original work of the creator for a limited time to respect his skill and creativity in spending time to create or invent something. It is to regard his right to have ownership over such property. But reasonable limitations include a fixed time to have ownership and also to prevent monopoly.
Often, pharma companies charge higher prices on patented drugs cutting access to medicine for the public, thus, exceptions like compulsory licensing and fair use are existing as limitations. ‘Public purpose’ is a ground to determine the extent of exercising the exclusive rights. It is in a way, an industrial property, making it useful for country’s economy and commerce.
Types and classification of IP rights
-Patent: granted to inventions by the inventor. The conditions are that it has to have novelty, industrial utility and different from existing models and not just a mere re-arrangement. The patentable inventions can be either a process or product patent, which is usually granted for a term of 20 years (changes according to different countries). It creates a certain monopoly over the patented item.
-Copyright: right granted to expression of ideas in physical form or in other expressed terms. Artistic, dramatic, musical and written works of a creator. The registration of the same is not necessary in some countries. The work has to be original and out of his own creativity. International term of copyright period extends to 50 years after the creator’s death as well.
-Trademark: a mark, sign, form, an arrangement or combination of the colours or lines, name of a product, which makes it distinguishable from other products and to identify the brand name. It mainly helps to promote the company brand and to help the public differentiate the same from others. It is synonymously called as service marks.
-Industrial Design: The pattern, structure, that forms the product. The intricate and aesthetic features of the product that makes unique from others. It must not be deceptively similar to another design or used before applying for registration. It is different from copyright and trademark.
-Geographical indication & other rights: A plant variety or a type of food that is located in a particular geographical locality or a part of country, be under geographical indication. It helps to identify the origin of such product or type of product to the people. Other IP rights include trade secrets and undisclosed information.
-Trade secrets, Non-disclosure and license agreements are also part of IP protection.
Author: Swathi Gunasekaran
Source: Quora
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