IPR

1.Meaning Nature and Scope of IPR

Intellectual property rights (IPR) refers to the legal rights given to the inventor or creator to
protect his invention or creation for a certain period of time.[1] These legal rights confer an
exclusive right to the inventor/creator or his assignee to fully utilize his invention/creation for a
given period of time.
1.1 WHAT IS INTELLECTUAL PROPERTY?
To some extent you may already know the answer to this question. We know that the inventor
of a machine, the author of a book, or the writer of music somehow usually ‘own’ their work.
From this ownership, certain consequences flow and you probably have been made aware of
the fact that we cannot just copy or buy a copy of their works without consideration of their
rights. Equally, original industrial designs of furniture, wallpaper and the like seem naturally to
be owned by someone or some organization. Each time we buy such ‘protected’ items, a part of
what we pay goes back to the owner as recompense for the time, money, effort and thought
they put into the creation of the work. This has resulted over the years in the development of
industries such as the music industry growing worldwide and encouraging new talent to
produce more and more original ideas and articles. Let’s begin with a more formal definition of
intellectual property, so as to build a solid foundation for later explanations of the various types
of intellectual property, and then the relevant governing international treaties.
1.2 NATURE AND SCOPE OF INTELLECTUAL PROPERTY RIGHT
Generally speaking, IP law aims at safeguarding creators and other producers of intellectual
goods and services by granting them certain time- limited rights to control the use made of
those productions. These rights do not apply to the physical object in which the creation may
be embodied but instead to the intellectual creation as such. IP is traditionally divided into two
branches: “industrial property and copyright”. Thus, Intellectual property shall include rights
relating to:[10]
1. literary, artistic and scientific works:
2. performances of performing artists, phonograms and broadcasts;

3. inventions in all fields of human behaviour;

4. scientific discoveries;
5. industrial designs;

6. trademarks, service marks, and commercial names and designations;

7. protection against unfair competition and all other rights resulting from intellectual
activity in industrial scientific, literary or artistic fields”
Copyright: A copyright gives the creator of an original work exclusive rights to it, usually for a
limited time. Copyright may apply to a wide range of literary, artistic, creative, intellectual, or
artistic forms, or "works".[12] Copyright does not cover ideas and information themselves, only
the form or manner in which they are expressed.
Note that copyright protects works, that is the expression of thoughts, and not ideas. So if you
imagine a plot, this, as such, is not protected. For example, a plot consisting of a story about
young men and women falling in love despite family and caste obstacles would not be
protected. Different writers may build stories based on a similar plot. But when you express it in
a synopsis or in, say, a short story, or a play, the expression of the plot in that story will be
protected. Hence, for example, Shakespeare’s play Romeo and Juliet would be considered as a
creative expression of that plot. Still, other writers may build new stories based on a similar
plot.

Patents: A patent is a form of right granted by the government to an inventor or their

successor-in-title, giving the owner the right to exclude others from making, using, selling,
offering to sell, and importing an invention for a limited period of time, in exchange for the
public disclosure of the invention. An invention is a solution to a specific technological problem,
which may be a product or a process and generally has to fulfill three main requirements: it has
to be new, not obvious and there needs to be an industrial applicability. To enrich the body of
knowledge and stimulate innovation, it is an obligation for patent owners to disclose valuable
information about their inventions to the public.
Example of inventions: electric iron, safety pin, ball point pen, telephone, etc.

Industrial design rights: An industrial design right (sometimes called "design right" or design
patent) protects the visual design of objects that are not purely utilitarian. An industrial design
consists of the creation of a shape, configuration or composition of pattern or color, or
combination of pattern and color in three-dimensional form containing aesthetic value. An
industrial design can be a two- or three-dimensional pattern used to produce a product,
industrial commodity or handicraft.[13] Generally speaking, it is what makes a product look
appealing, and as such, it increases the commercial value of goods.
Trademarks: A trademark is a recognizable sign, design or expression which distinguishes
products or services of a particular trader from similar products or services of other traders.
Trademark may consist of, for example, a word, a logo, a number, a letter, a slogan, a sound, a
color, or sometimes even a smell or texture and which is used to identify the source of goods
and/or services with which the trademark is used. When a trademark is used in connection with
services, it is sometimes referred to as a “service mark”.
2. International Conventions on IPR
India has sufficient legal protection for intellectual property rights. The enactments have shown
to be effective in governing and administering intellectual property that is born in India. But
what about the worldwide status of our Registered IPs? Imagine how challenging it would
become to convey to the world that a new IP has emerged. Through what medium will the
registered proprietor of an IP approach another country in order to get his IP registered there
and protect his rights?
Here is where the International Conventions and Treaties make it easier to facilitate and
oversee intellectual property all around the world. The primary goals of these conventions and
treaties are to promote the protection of Intellectual property rights and regulated matters
relating to intellectual property in all of the parties’ participating nations. These Conventions
and treaties create a global platform for all its member countries who are looking forward to
developing the Intellectual Property sector.
There are various types of conventions and treaties that govern Copyrights and industrial
property and to name the important ones: WIPO Convention, Berne Convention, Paris
Convention, TRIPS Agreement, WIPO Copyright Treaty, etc.,

WIPO CONVENTION
The World Intellectual Property Organization is an agency within the United Nations dedicated
to promoting intellectual property rights throughout the globe. WIPO was established in 1970
after being ratified in Stockholm in 1967[1]. The adoption of the Paris and Berne Convention
has formed WIPO. WIPO is committed to fostering creativity and innovation by guaranteeing
that the rights of creators and owners of intellectual property are safeguarded globally and that
the authors and inventors are recognized and rewarded for their novelty.
WIPO has mainly two objectives:
i) Promote the protection of Intellectual Property Rights throughout the world through
coordination among States and where appropriate, in collaboration with any other
international organization.
ii) To ensure administrative cooperation among the intellectual property Unions established
by the treaties that WIPO administers, such as Paris Union, Berne Union, etc.[2]
There are various functions that WIPO has to undergo in order to attain its said objectives:
i) Normative Activities: This activity involves setting norms and standards for the protection
and enforcement of Intellectual Property Rights.
ii) Programme Activities: This activity involves legal and technical assistance to its member
countries in the field of Intellectual Property.
iii) International classification and standardization activities: This activity involves
cooperation among industrial property offices concerning Patent, Trademark, and Industrial
design documentation.
iv) Registration and filing activities: This activity involves services related to international
applications regarding patents for inventions and for the registration of marks and industrial
design.[3]
All such above functions are undergone by WIPO in order to safeguard the concept of IPR in its
member countries. WIPO facilitates the process of reciprocation among its member countries,
but it is essential to determine what makes a country part of WIPO. A country is considered to
be a part of WIPO if,
a) It is a member of the United Nations; or
b) It is a party to the Statute of the International Court of Justice; or
c) It has been invited by the General Assembly of WIPO; or
d) It has applied to be a part of WIPO;
BERNE CONVENTION:
The Berne Convention revolves around the protection of Literary and Artistic works. Berne
Convention is supposed to be the oldest treaty on Copyright. This convention was adopted on
September 9, 1886, at Berne and came into force on 04th December 1887. [4]Berne convention
mandates its member states to protect the economic such as the Right of Reproduction,
distribution, communication to the public, etc., and moral rights such as the Right to claim
authorship, objection, etc., of the Authors over their Literary or Artistic work.
The Convention, which was revised several times in order to cope with the challenges posed by
the technology, rests on 2 basic principles:
i) National Treatment: The convention focuses on ensuring that each member state
provides equal protection to the all-other member countries as it would provide to its own
nationals without any discrimination.
ii) Automatic Protection: It is a known fact that Copyright does not require registration in
order to avail protection. As soon as a work, original in its nature, comes into existence, the
author of such work will have a copyright over it. Berne Convention relies on the concept of
automatic protection and allows the protection and enjoyment of copyright at the international
level with any formality of registration.
PARIS CONVENTION
Paris Convention is the first-ever agreement that deals with the protection of all Industrial
Property such as Patents, Trademarks, Industrial Design, Utility models, Trade Secrets, etc., This
convention, which is administered by the World Intellectual property organization, was
adopted in 1883.
The Paris Convention promises three important elements to each of its member countries in
order to fulfill its goal which is-
a) National Treatment: It says that one nation has to provide the same and equal kind of
protection to the other member nationals.
b) Right of priority: It says that if an applicant files an application for the registration of any
industrial property, as the case may be, he can within the stipulated time apply for protection
of such industrial property in any other contracting States and such application will then be
registered as of the first date of application.
TRIPS AGREEMENT
The World Trade Organisation and World Intellectual Property Organisation members
developed a Trade Related Intellectual Property System (TRIPS) with minimal requirements
established to be observed by all the contracting Countries. The most extensive international
agreement on intellectual property as of today is the TRIPS Agreement, which headed into
implementation on January 1, 1995. The World Trade Organisation, which administers the
Agreement, brought Intellectual Property Law to the international trade system. The
Agreement also grants its member countries exemptions, advantages, favors, and privileges in
the area of Intellectual Property.
The TRIPS Agreement entails enforcement procedures, Remedies, and Dispute Resolution
Procedures. The process for resolving any disputes that may develop between the member
nations is akin to the World Trade Organization's dispute settlement system. The Agreement
intends to resolve the dispute arising over the Intellectual Property among the contracting
countries and amicably settle them.
The TRIPS Agreement focuses on shielding Intellectual Property Rights i.e., Copyrights,
Trademarks, Patents, Industrial Design, Trade Secrets, Geographical indications, and Layout
Designs for integrated circuits. The main aim of this Agreement is to maintain a fine balance
between the welfare of Intellectual Property and economic development. Further, the
Agreement looks after protecting and promoting Intellectual Property for technological novelty
and growth.
WIPO COPYRIGHT TREATY
The WIPO Copyright treaty was adopted at the WIPO Diplomatic Conference in order to meet
the gap which happened to remain post the TRIPS Agreement came into force. The TRIPS
Agreement has lacked in ascertaining the challenges contained in new technologies. The
Agreement did not provide for the protection of- i) Computer Programmes (regardless of the
mode of expression), ii) Intellectual creations born out of Database or data Compilation.
Because of the reasons mentioned prior, it was necessary to bring into force the WIPO
Copyright Treaty which suggests three exclusive rights of authors-
a) Right of distribution;
b) Right of rental;
c) Right of Communication to the public.
The WIPO Copyright Treaty obligates its members to provide legal remedies against the
avoidance of technological fraud/error and/or measures.
CONCLUSION
The sector of intellectual property is expanding dramatically. The need to simultaneously
protect and enforce intellectual property rights has been recognized worldwide. To make the
science of intellectual property as transparent as science itself, several international institutions
have been working extremely hard to drill deeper into the intellectual property crust. With the
aid of conventions and treaties, a new platform has been created for the globe to come
together and address IPR-related issues by establishing norms and ideologies.

3.WIPO
The World Intellectual Property Organisation or WIPO is a global body for the promotion and
protection of Intellectual Property Rights (IPR).

It acts as a global forum for IP Services.

WIPO is a self-funded agency of the United Nations.
With 192 members, WIPO’s motto is to encourage creative activity, to promote the protection
of intellectual property throughout the world.
It is at present headed by Francis Gurry, who is its Director-General. WIPO is headquartered in
Geneva, Switzerland.
WIPO has its origins in the United International Bureaux for the Protection of Intellectual
Property (BIRPI), which was established in 1893.
WIPO’s Mandate
‘WIPO is dedicated to developing a balanced and accessible international Intellectual Property
(IP) system, which rewards creativity, stimulates innovation and contributes to economic
development while safeguarding the public interest.’

Functions of WIPO
The World Intellectual Property Organisation (WIPO) was established with the intent to
perform the following functions:

To assist the development of campaigns that improve IP Protection all over the globe and keep
the national legislations in harmony.
Signing international agreements related to Intellectual Property Rights (IPR) protection.
To implement administrative functions discussed by the Berne and Paris Unions.
To render legal and technical assistance in the field of IP.
To conduct research and publish its results as well as to collect and circulate information.
To ensure the work of services that facilitate the International Intellectual Property Protection.
To implement other appropriate and necessary actions.
WIPO and India
India joined the WIPO in 1975.
India is a part of the following WIPO Treaties:
 IPO Convention (1975)
 Paris Convention (1998)
 Berne Convention (1928)
  Patent Cooperation Treaty (1998)
 Phonograms Convention (1975)
 Nairobi Treaty (1983)
 Nice Agreement (2019)
 Locarno Agreement (2019)
 Vienna Agreement (2019)
4.WTO TRIPS
TRIPS Agreement
Trade Related Aspects of Intellectual Property Right (TRIPS) is an agreement on international IP
rights.
 TRIPS came into force in 1995, as part of the agreement that established the World
Trade Organisation (WTO).
 TRIPS establishes minimum standards for the availability, scope, and use of seven forms
of intellectual property namely, trademarks, copyrights, geographical indications,
patents, industrial designs, layout designs for integrated circuits, and undisclosed
information or trade secrets.
 It applies basic international trade principles regarding intellectual property to member
states.
 It is applicable to all WTO members.
 TRIPS Agreement lays down the permissible exceptions and limitations for balancing the
interests of intellectual property with the interests of public health and economic
development.
 TRIPS is the most comprehensive international agreement on IP and it has a major role
in enabling trade in creativity and knowledge, in resolving trade disputes over
intellectual property, and in assuring WTO members the latitude to achieve their
domestic policy objectives.
 It frames the IP system in terms of innovation, technology transfer and public welfare.
 The TRIPS Council is responsible for administering and monitoring the operation of the
TRIPS Agreement.
 TRIPS was negotiated during the Uruguay Round of the General Agreement on Tariffs
and Trade (GATT) in 1986–1994.
  The TRIPS Agreement is also described as a “Berne and Paris-plus” Agreement.
TRIPS Significance
The TRIPS Agreement makes protection of intellectual property rights an integral part of the
multilateral trading system, as embodied in the WTO. The agreement is often termed one of
the three “pillars” of the WTO, the other two being trade in goods (the traditional domain of
the GATT) and trade in services.

Before TRIPS, the extent of protection and enforcement of IP rights varied widely across nations
and as intellectual property became more important in trade, these differences became a
source of tension in international economic relations. Therefore, it was considered prudent to
have new trade rules for IP rights in order to have more order and predictability, and also to
settle disputes in an orderly manner.

5.Copyrights
Copyright refers to the legal right of the owner of intellectual property. In simpler terms,
copyright is the right to copy. This means that the original creators of products and anyone they
give authorization to are the only ones with the exclusive right to reproduce the work.
Copyright law gives creators of original material the exclusive right to further use and duplicate
that material for a given amount of time. Once a copyright expires, the copyrighted item
becomes public domain.
How Copyrighting Works
When someone creates a product that is viewed as original and that required significant mental
activity to create, this product becomes an intellectual property that must be protected from
unauthorized duplication. Examples of unique creations include:
 Novels
 Art
 Poetry
 Musical lyrics and compositions
 Computer software
 Graphic designs,
 Film
 Original architectural designs
 Website content
What Is the Difference Between Copyright and Trademark?
A copyright protects a creator's original work from being used or duplicated without their
permission. A trademark protects the reputation of a business that is associated with
identifying material such as their logo or slogan. Both are ways or protecting intellectual
property.
Not all types of work can be copyrighted. A copyright does not protect ideas, discoveries,
concepts, or theories. Brand names, logos, slogans, domain names, and titles also cannot be
protected under copyright law. For an original work to be copyrighted, it has to be in
tangible form.
2
1
This means that any speech, discoveries, musical scores, or ideas have to be written down
in physical form in order to be protected by copyright.