Importance of Intellectual Property Rights in Fostering Innovation and Protecting Creativity

 

INTELLECTUAL PROPERTY RIGHTS- IMPORTANCE FOR INNOVATION

Author- Srishti Srivastava , B.A.LLB(Hons), CMP Degree College, University of Allahabad, Prayagraj

Abstract

Intellectual Property refers to the type of creation done by human mind (intellect). These are the innovations and creativity of humans, like inventions, artistic works, designs and symbols, names and images which are used in commerce.They can be anything unless and until its unique and belongs to you. With increase in creativity of humans, the creations are being stolen and plagiarised. To protect these creations frombeing replicated without providing credit to the owner, Intellectual Property Rights have been established. These Intellectual Property Rights provides the owner with all the required authority to protect these intangible properties and publicise them proudly without any fear.

 

Introduction

Imagine you wrote a beautiful poem or created a very lively artand someone steals it and claims it to be theirs, or you cook a very tasty dish with recipe being your very own and someone argues it to be theirs,or you design a very elite beautiful dress but that dress gained popularity with someone else as a designer. You’ll feel bad, right? To ensure that thisunauthorised ownership doesn’t happen, Intellectual Property Rights have been established as a legal framework. These rights protect and recognise original works, granting creators exclusive rights for the use. Apart from recognition, Intellectual Property Rights (IPR) also encourage more and more creations by providing them economic incentives and moral recognition.

Intellectual Property Rights refer to the legal protections provided to the creators and inventors to protect their intangible assets which includes inventions, literary and artistic works, designs and names. These rights give the creators control over their intellectual property and benefits from their works without fear of exploitation.

 

Legal Background- Development of IPR

The new era concept of Intellectual Property developed in England in 17^th and 18^th centuries. The term “Intellectual Property” began to be used in the 19^th century, but it was in the late 20^th century when the legal framework for Intellectual Properties became common in most of the world’s legal systems. With increasing trade and commerce between countries, Intellectual Property Rights were included in international framework.

 

 

International Framework

The concept of Intellectual Property Rights initially began in Europe. With increasing trade and commerce, gradually the Intellectual Property Rights spread all over the world. The International framework of Intellectual Property Rights is a collection of treaties and agreements which aims at standardising of the protection and enforcement of Intellectual Properties across the world.

The International Framework is based on some important treaties. The treaties are:

1.      Paris Convention, 1883- This international agreement marked a significant early effort in protection of intellectual property at a global level. It laid down the groundwork for protecting industrial property in a quite broad sense.The convention covers areas such as: patents, trademarks, industrial designs, utility models (which function as limited scope patents in certain jurisdictions), service marks, trade names (titles under which business operations are conducted), geographical indications (which specify the origin of goods and their quality or reputation) and sets rules for preventing unfair commercial practices of these properties.[1]

2.      Berne Convention, 1886- The Berne Convention is an international agreement which aims at protecting the rights of authors over their literary and artistic works. It grants creators- like writers, musicians, artists- the right to control how their work is used, by whom it can be used, and under what terms it can be used. The convention is based on key principles such as national treatment, automatic protection, and minimum rights. It ensures that the creators are protected without needing formal registration and includes special provisions for developing countries to facilitate access while maintaining protection standards.[2]

3.      TRIPS Agreement, 1994-Trade Related Aspects of Intellectual Property Rights. The World Trade Organisation (WTO)’s TRIPS Agreement is a major international accord covering all aspects of intellectual property. It helps standardise intellectual property rules globally and supports fair trade in ideas and creativity. TRIPS allow member nations to shape their intellectual property laws while promoting innovation, public health, and technology sharing. It also helps resolve intellectual property related trade conflicts. By connecting intellectual property protection with global commerce and development, TRIPS highlights the need for a balanced approach that respects both economic goals and public interest. It stands as a key legal framework linking trade policy with intellectual property rights.[3]

4.      WIPO-World Intellectual Property Organisation, established in 1967. The WIPO is a specialised United Nations organisation that works to support inventors and creative professionals around the globe. Its primary goal is to help ensure that their innovations and artistic works are protected and can reach global markets to benefit society. WIPO accomplishes this by offering various services that assist individuals and businesses in safeguarding their intellectual property internationally. It also provides a platform for addressing advanced intellectual property related changes, shares crucial Intellectual Property data to aid global decision making, and runs initiatives and offers technical support to make intellectual property more accessible and beneficial worldwide.[4]

5.      Patent Cooperation Treaty (PCT), 1970-PCT is an international agreement that enables inventors to seek patent protection for their inventions in multiple countries through a single application process. Instead of filing separate patent applications in each country, the PCT system streamlines the procedure, saving time and effort for innovators. It also supports patent offices in making informed decisions about granting patents by providing comprehensive technical documentation and international search reports. Additionally, the PCT system enhances transparency by offering public access to extensive information about inventions. This global framework simplifies the pursuit of Intellectual Property Rights across numerous jurisdictions.[5]

 

 

IPR in Indian Framework

In India to protect the Intellectual properties, some laws have been provided in the Indian legal framework. Different Intellectual Properties have been covered in different acts. These intellectual properties include- trademarks, copyrights, patents, industrial designs, geographical indications, varieties of plants, Information technology and data protection.

1.      TrademarkAct, 1999-Trademark refers to “a special symbol, design or name that a company puts on its products and that cannot be used by any other company”. In India, trademark rights have been legally recognised and governed by the Trademark Act, 1999, along with the traditional legal remedy of passing off. The Act is administered by the Controller Generalof Patents, Designs, and Trademarks. It outlines procedures for the enrolment, protection, and forestalment of unauthorised or deceptive use of trademarks. The Act trademarks also specify the rights of trademarks possessors, penalties for abuse, ways to seek compensation, and rules for transferring trademark power.[6]

2.      Copyright Act, 1957- Copyright refers to “the legal right to be the only person who may print, copy, perform, etc. a piece of original work, such as a book, a song, or a computer program”. The Copyright Act lays down the legal frame for brand protection in India. Its primary aim is to guard the rights of creators- such as writers, artists, musicians, and contrivers- by granting them control over the use of their original work. It also promotes knowledge sharing by allowing others to build upon existing works.[7]

3.      Patents Act, 1970- This Act is a key legislation governing patent law in India. It provides a legal framework for the protection of inventions, granting exclusive rights to formulators for a specified period. The Act encourages invention by allowing formulators to commercially exploit their creations while preventing unauthorized use by others. Administered by the Office of the Controller General of Patents, Designs and Trademarks, the Act has undergone several amendments, notably in 2005, to align with international standards under the TRIPS Agreement. It plays a crucial role in promoting research, technological advancement, and economic growth in the country.[8]

4.      The Designs Act, 2000- This Act protects Industrial Designs and the Layout Designs of Integrated Circuits.

5.      Geographical Indications of Goods (Registration and Protection) Act, 1999- The Act is an important piece of legislation in India designed to protect Geographical indications for goods. The Act aims to recognise the link between certain products and the specific geographical region in which they are produced, adding value to the product’s authenticity and origin.

6.      The Protection of Plant Varieties and Farmer’s Rights Act, 2001-The Act provides for the establishment of an effective system in order to protect the varieties of plants, ensure the rights and dignity of farmers and plant breeders and encourage the development of new varieties of plants.[9]

 

Criticisms

Intellectual Property Rights are important for innovations as it provides security to the creators, but it also raises some critical ethical, social and economical concerns. IPR makes patented medications(used for HIV/AIDS drugs, cancer treatments) unaffordable for many. These laws prioritise western corporations resulting in overlook traditional knowledge. These rights provide creators with economic incentives, resulting in reducing creativity and artistic freedom and prioritising profit.

 

Conclusion

Intellectual property implies to the intangible property created by human mind. With the growing knowledge and the ability to be creative the Intellectual Properties have become common. With the increasing creativity the possibility of people stealing others creations has also increased. To protect this unauthorised use of creations, Intellectual Property rights have been introduced in legal frameworks.

Intellectual Property Rights ensure the protection of one’s creation and at the same time encourages the creators to create more without the fear of replication without credit. Its legal framework has developed through centuries to encourage creation, innovation, and the advancement of societies.

 

 

Bibliography

Ø  https://www.wipo.int/treaties/en/ip/paris/summary_paris.html (last visited 10^th June 2025)

Ø  https://www.wipo.int/treaties/en/ip/berne/#:~:text=The%20Berne%20Convention%2C%20adopted%20in,whom%2C%20and%20on%20what%20terms. (last visited 10^thJune 2025)

Ø  https://www.wto.org/english/tratop_e/trips_e/trips_e.htm (last visited on 10^thJune2025)

Ø  https://www.wipo.int/about-wipo/en/ (last visited on 10^th June 2025)

Ø  https://www.wipo.int/pct/en/(last visited on 10^th June 2025)

Ø  https://cleartax.in/s/trademark-act-1999 (last visited on 10^th June 2025)

[1]Paris Convention (1883), WIPO Administered treaties

[2]Berne Convention (1886), WIPO Administered treaties

[3]TRIPS Agreement (1995), World Trade Organisation

[4]World Intellectual Property Organization

[5]WIPO, PCT

[6]Trademark Act,1999

[7]Copyright Act, 1957

[8]The Patents Act, 1970

[9]The Protection of Plant Varieties and Farmer’s Rights Act, 2001

📰 News Headline (English):
"Article Highlights Importance of Intellectual Property Rights in Fostering Innovation and Protecting Creativity"

• Importance of Intellectual Property Rights
• IPR and innovation
• Role of IPR in creativity
• International IPR treaties
• TRIPS Agreement and India
• Patent and Copyright Law India
• IPR laws in India
• Paris Convention Berne Convention TRIPS
• WIPO and Patent Cooperation Treaty
• Intellectual property protection in India
• Indian legal framework for IPR

An insightful article explores how Intellectual Property Rights (IPR) encourage innovation and protect creators. It covers international treaties like the Paris and Berne Conventions, TRIPS, and the Indian legal framework including trademark, copyright, and patent laws.